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Constitutional Loopholes To Blame Over Tambuwal’s Crisis – NBA President - Politics (2) - Nairaland

Nairaland Forum / Nairaland / General / Politics / Constitutional Loopholes To Blame Over Tambuwal’s Crisis – NBA President (3386 Views)

Saraki’s Emergence Not Illegal – NBA President / PDP Crying And Having Sleepless Night Over Tambuwal Defection / PDP Must Be Worried Over Tambuwal's Defection- Former Senator (2) (3) (4)

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Re: Constitutional Loopholes To Blame Over Tambuwal’s Crisis – NBA President by Caseless: 6:13pm On Nov 02, 2014
brownlord:



“all that must happen is that majority of
members of the House must vote for him.”
He said “There ought to be an expectation where
a speaker of the House who is charge
constitutionally to declare a seat vacant is the
person in the act of decamping.
He should allow his deputy to preside over the
sitting so that when he presents his reasons for
decamping, the deputy can take a decision.

“In the case of Aminu Tambuwal, he has said
that ‘I’m leaving the PDP for the APC.’ The next
question under the constitution is that he gives
reasons and the Speaker of the House will arrive
at a decision whether the reasons he has given
are in accordance with the constitution.”
who does the part in bold in nigeria? The dep speaker wld definately go against d speaker so he can become d next speaker.
Tambuwal is a smart guy!
Re: Constitutional Loopholes To Blame Over Tambuwal’s Crisis – NBA President by anonimi: 6:19pm On Nov 02, 2014
Caseless:
dont blame the pdp thugs; they are the product of poor education supplied/provided by d pdp-led govt overtime.

How many states & LGAs are controlled by PDP where most NLers are from?
Re: Constitutional Loopholes To Blame Over Tambuwal’s Crisis – NBA President by Trailblazer1(m): 6:33pm On Nov 02, 2014
What an incissive analysis!

I'm now open minded towards tambuwal's case.
I don't see this brouhaha getting fixed in the mean time.

I blame the judiciary for their snail speed in handling cogent matters. If the earlier defection had resolved the situation would have been clear.

In the meantime everyone is interpreting and acting to the favour.
Re: Constitutional Loopholes To Blame Over Tambuwal’s Crisis – NBA President by Nobody: 6:36pm On Nov 02, 2014
Clerverly:


Sentiments Shared by a TANiod!

Hon. Tambuwal remains the speaker of the House of Representative, deal with it Or go and hit your head on the wall!

Tambuwal is no longer speaker of the HOR.That was why his security details were withdrawn. If he still claims to be speaker, let he exercise his oversight powers on the IGP let us see.

1 Like

Re: Constitutional Loopholes To Blame Over Tambuwal’s Crisis – NBA President by Nobody: 6:41pm On Nov 02, 2014
chukwudi44:


Tambuwal is no longer speaker of the HOR.That was why his security details were withdrawn. If he still claims to be speaker, let he exercise his oversight powers on the IGP let us see.

With the way it is....it is almost absolute certain that the IG will remain in acting capacity without Senate confirmation.

He will be regretting dabbling into this cross fire.
Re: Constitutional Loopholes To Blame Over Tambuwal’s Crisis – NBA President by Nobody: 6:51pm On Nov 02, 2014
ilugunboy:


With the way it is....it is almost absolute certain that the IG will remain in acting capacity without Senate confirmation.

He will be regretting dabbling into this cross fire.

APC do not have the numbers in both house of parliament to stop him.There are bloody minorities. The majority will always have their way

2 Likes

Re: Constitutional Loopholes To Blame Over Tambuwal’s Crisis – NBA President by gratiaeo(m): 6:55pm On Nov 02, 2014
mikeansy:
for me what I see here is failure of politics and lack of common sense or maturity on the part of people who call themselves our leaders!

Tambuwal is first a House of Rep member before he is a Speaker, just as David Mark is a Senator before he is Senate President. They are bound by all rules that apply to any Legislator in the country! This truth is why every 4years they still have to go back to their constituents and ask to be elected to NASS just like any other legislator. But as custodians of the law then the crafters of our constitution would have thought that Speakers and Senate Presidents will be grown up enough to do the right thing and apply the very same rules they will apply to other colleague should such eventuality arise?

Was the constitution and its crafters thinking too highly of the average Nigerian politician? It seems to me that this is actually the real issue here. The stubborn refusal of Tambuwal to do what is right but instead seeking and inventing all loopholes to circumvent the very constitution he was elected to strengthen and defend.

No Constitution of any country of the world will ever cover every eventuality. No book or computer will be large enough to cover the sections of such a constitution.

What this moment calls from us is to be alert and say the truth to Tambuwal. Which is he should do the right thing, save himself and the Nation the embarrassment, do the right thing and just resign.

He has already adjourned for an unsual 1 month eventhough the house has only recently returned from a 2 months recess. This man is toying with an institution as important as the 2nd arm of government and a position as important as the 4th ranking officer in the country. He should not be allowed to invent unexistent loopholes but instead told in clear terms to do the right thing and resign.

Failing that the court should be asked to clarify!!!!
Well said!

2 Likes

Re: Constitutional Loopholes To Blame Over Tambuwal’s Crisis – NBA President by Nobody: 6:58pm On Nov 02, 2014
chukwudi44:


APC do not have the numbers in both house of parliament to stop him.There are bloody minorities. The majority will always have their way

Chukwudi...I've warned you to stop arguing blindly about things that you see on the surface....have you ask yourself why the Speaker adjourned house sitting till Dec 3 and not any other day earlier and why PDP is desperate to convene the house as soon as it can?
Re: Constitutional Loopholes To Blame Over Tambuwal’s Crisis – NBA President by Nobody: 7:01pm On Nov 02, 2014
ilugunboy:


Chukwudi...I've warned you to stop arguing blindly about things that you see on the surface....have you ask yourself why the Speaker adjourned house sitting till Dec 3 and not any other day earlier and why PDP is desperate to convene the house as soon as it can?

what if PDP postpones all primary elections to January?

1 Like

Re: Constitutional Loopholes To Blame Over Tambuwal’s Crisis – NBA President by Nobody: 7:08pm On Nov 02, 2014
ilugunboy:


Chukwudi...I've warned you to stop arguing blindly about things that you see on the surface....have you ask yourself why the Speaker adjourned house sitting till Dec 3 and not any other day earlier and why PDP is desperate to convene the house as soon as it can?
PDP would reconvene the house next week
Re: Constitutional Loopholes To Blame Over Tambuwal’s Crisis – NBA President by Nobody: 7:31pm On Nov 02, 2014
mikeansy:


what if PDP postpones all primary elections to January?

That would create more problem for PDP...
Re: Constitutional Loopholes To Blame Over Tambuwal’s Crisis – NBA President by Nobody: 7:33pm On Nov 02, 2014
chukwudi44:

PDP would reconvene the house next week

...and if not?
Re: Constitutional Loopholes To Blame Over Tambuwal’s Crisis – NBA President by Trailblazer1(m): 7:33pm On Nov 02, 2014
Oh nairaland!
My sweet nairaland!

This forum is gradually loosing its worth.

Due to partisan politics, all her technocrats, analysts and constructive critiques have all gone blind.

You now see positives through a negative lens and negatives through a positive lens.
Posterity will never forgive this generation of youth for mortgaging their future at the stakes of tribalism, nepotism and political partisanship.

The media/press is seen as the fourth estate of the realm due to its neutrality and objectivity.
This is where nairaland is categorized.

If you can boldly affirm your neutrality and objectivity on this forum like this comment.
Re: Constitutional Loopholes To Blame Over Tambuwal’s Crisis – NBA President by focus7: 8:46pm On Nov 02, 2014
barcanista:


There is no section of the constitution that mandates the Speaker or Senate President to allow the Deputy to preside over their defection. In fact, such contradict the 1999 constitution that clearly state that the Deputy should only Preside in the Absence of the Speaker. In other words, the Speaker cannot be present while the deputy preside. Section 53(1(b) is very clear as regards presiding over affairs of the House. It amount to illegality should the deputy preside when the speaker is present.

Section 53(1)(b) in the case of the House of Representatives, the Speaker of that House shall preside, and in his absence the Deputy Speaker shall preside.
am sure amanwulu and mogidi do not have a copy of the constitution to know d facts u analysed or maybe they can't even understand it, they just come here and vent ingnorance.

1 Like

Re: Constitutional Loopholes To Blame Over Tambuwal’s Crisis – NBA President by brownlord: 8:55pm On Nov 02, 2014
Clerverly:


Brownfool I have warned you to steer clear of any thread that requires application of one's intelligentsia in analyzing issues, because you ve got none! TAN Tout!

Who asked for the opinion of a nairaland resident idiat?

3 Likes

Re: Constitutional Loopholes To Blame Over Tambuwal’s Crisis – NBA President by maestroferddi: 9:48pm On Nov 02, 2014
focus7:
All the ignoramus PDP e-supporters should at least read this and be educated. There was oney among them in one thread saying if Tambuwal is a lawyer he should know what the Nigeria constitution says and resign, I read some other posts from these illiterates and I felt sorry for Nigeria educational system. Well I shouldn't expect much since the person they were fighting for is clueless it is not a surprise that the followers will be like him.
What exactly are you talking about? So you suppressed your ability to engage in critical thinking just because of the above submission ascribed to an NBA president?

It might interest you to know that some of the best legal minds in the country posit that Tambuwal has no case. If an Olisa Agbakoba speaks on constitutional law and indeed any subject in law, I expect your upstart NBA president to do the needful: keep silent and learn.
Re: Constitutional Loopholes To Blame Over Tambuwal’s Crisis – NBA President by Nobody: 9:59pm On Nov 02, 2014
focus7:
am sure amanwulu and mogidi do not have a copy of the constitution to know d facts u analysed or maybe they can't even understand it, they just come here and vent ingnorance.
My bros, when it comes to intelligent discourse please zero your mind on those saTANs who doesn't knw their left from their right. I laugh at them and their half baked education
Re: Constitutional Loopholes To Blame Over Tambuwal’s Crisis – NBA President by Nobody: 10:07pm On Nov 02, 2014
Caseless:
who does the part in bold in nigeria? The dep speaker wld definately go against d speaker so he can become d next speaker.
Tambuwal is a smart guy!
it is illegÀl for a Deputy to preside over the house while the Speaker is present according to our Constitution
Re: Constitutional Loopholes To Blame Over Tambuwal’s Crisis – NBA President by maestroferddi: 10:22pm On Nov 02, 2014
barcanista:


There is no section of the constitution that mandates the Speaker or Senate President to allow the Deputy to preside over their defection. In fact, such contradict the 1999 constitution that clearly state that the Deputy should only Preside in the Absence of the Speaker. In other words, the Speaker cannot be present while the deputy preside. Section 53(1(b) is very clear as regards presiding over affairs of the House. It amount to illegality should the deputy preside when the speaker is present.

Section 53(1)(b) in the case of the House of Representatives, the Speaker of that House shall preside, and in his absence the Deputy Speaker shall preside.
There you go again with your robotic thinking!

Don't you think it more auspicious to put the initiative to use than defaulting to a cut and paste ploy to avoid addressing issues?

Are the two chambers of the legislature personal fiefdoms of the leadership of each chamber or are they an arm of government regulated by the relevant
laws of the land?

Has it occurred to you that the Speaker of the House or the Senate President cannot preside over cases to which they are parties? Have you heard of the refrain of not being both the judge and the jury?

In the present circumstance, as rightly pointed out by the NBA President, the proper/legal thing to do would be for the Speaker to step aside while his deputy oversees the resolution/adjudication process.

The constitution has never meant to vitiate commonsense.
Re: Constitutional Loopholes To Blame Over Tambuwal’s Crisis – NBA President by Nobody: 10:37pm On Nov 02, 2014
Mr Man I don't engage in emotional argument. The constitution is VERY clear on who presides over the House. It clearly says that the Deputy only Preside in absence of the Speaker QED!!!

You shd stop quoting me with rubbish except you have a section of the constitution to back your argument.
maestroferddi:
There you go again with your robotic thinking!

Don't you think it more auspicious to put the initiative to use than defaulting to a cut and paste ploy to avoid addressing issues?

Are the two chambers of the legislature personal fiefdoms of the leadership of each chamber or are they an arm of government regulated by the relevant
laws of the land?

Has it occurred to you that the Speaker of the House or the Senate President cannot preside over cases to which they are parties? Have you heard of the refrain of not being both the judge and the jury?

In the present circumstance, as rightly pointed out by the NBA President, the proper/legal thing to do would be for the Speaker to step aside while his deputy oversees the resolution/adjudication process.

The constitution has never meant to vitiate commonsense.


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