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Constitutional Provisions For Defection —Falana - Politics (2) - Nairaland

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RECs Nomination: Buhari Breached Constitutional Provisions – Falana / APC Considers Suing Tambuwal, Ortom, Obaseki, Others For Defection / Matawalle’s Reason For Defection Confirms That APC Is Behind Insecurity – PDP (2) (3) (4)

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Re: Constitutional Provisions For Defection —Falana by NothingDoMe: 4:54pm On Aug 12, 2018
vanbonattel:
Falana is right, APC was completely shattered and scattered to the extent that Oshiomole was the acting president while buharri and Osinbajo were rendered redundant in aso rock.

Oshomole was even controlling ministers and sanctioning them to report to him. Saraki defection is therefore justified by law.
gbam tongue
Re: Constitutional Provisions For Defection —Falana by frowland(m): 4:55pm On Aug 12, 2018
yanabasee:


With this given... Saraki and co. had a factionalization and divisional crisis, before defecting to PDP.

APC should stop crying and focus on its administrative functionalities and try to win the people's votes if they want to stay in power...


Round up the recruitment of the paramilitary agencies that has been on a still... Avoid making PDP's mistakes...
Sorry who is APC's factional chairman and when did they have their convention? Who made him chairman, or is he a self appointed chairman?
Re: Constitutional Provisions For Defection —Falana by Racoon(m): 4:55pm On Aug 12, 2018
https://www.nairaland.com/1992159/tambuwal-should-not-vacate-seat#27922316

See them hypocrites them APC/Oshiomole are really pained by the gale of defections.Oshiomole will finally bury this party.

1 Like

Re: Constitutional Provisions For Defection —Falana by NothingDoMe: 4:57pm On Aug 12, 2018
seunmsg:
This is the point those shouting about constitutionality refused to take into account. According to our constitution, Saraki and other decampees lost their senate seat the day they decamped to another party. Since Saraki is the latest advocate for the constitution and our democracy that they say is in danger, we should all tell him to democratically vacate his seat in accordance with the constitution. An artificially created r-APC that already signed up with CUPP or whatever that contraption is called did not make it mpossible or impracticable for APC to function. So, there is no justification whatsoever for the defection.
Which section of the Constitution na? Besides he won't vacate and APC will drag him to court. By the time the Supreme Court decides, his tenure would be over.
Re: Constitutional Provisions For Defection —Falana by waveman2: 5:01pm On Aug 12, 2018
Our Laws are written out of sentiments and corruption that is why there are many loopholes. I said before the 2015 general elections our major problem is the 1999 constitution which needs to be reviewed and not a change of leadership.





midolian:
Saraki sponsored the division within the party out of greed and defected afterwards..how is his defection justified by law?

In fact, our laws are a big problem to us. In the first place, they were created by criminals so it shouldn't come to anyone as a surprise why there are so many loopholes..

If you want to defect, you should be defecting back home. It makes no sense to defect from a party under which you have won a seat to a party that tried hard to ensure you dont.
Re: Constitutional Provisions For Defection —Falana by Afamed: 5:02pm On Aug 12, 2018
vanbonattel:
Falana is right, APC was completely shattered and scattered to the extent that Oshiomole was the acting president while buharri and Osinbajo were rendered redundant in aso rock.

Oshomole was even controlling ministers and sanctioning them to report to him. Saraki defection is therefore justified by law.
Read again but slowly this time around. PDP - warrior.
Re: Constitutional Provisions For Defection —Falana by positivethought: 5:02pm On Aug 12, 2018
midolian:


https://punchng.com/constitutional-provisions-for-defection-falana/

[b]With this said, should defectors lose their seats? [/b]Falana where were you with your legal expertise when the defections were from pdp to Apc?,the solution to all these is a blanket ban on defection while still holding elective position,this way every body will sit up n organise themselves.


Re: Constitutional Provisions For Defection —Falana by Afamed: 5:03pm On Aug 12, 2018
frowland:

Sorry who is APC's factional chairman and when did they have their convention? Who made him chairman, or is he a self appointed chairman?
Don't you know majority of them can not understand simply explanation.

1 Like

Re: Constitutional Provisions For Defection —Falana by Alva2018: 5:08pm On Aug 12, 2018
hannysur8:
Do we follow constitution in Nigeria
if you ask me,na who I go ask
Re: Constitutional Provisions For Defection —Falana by Afamed: 5:08pm On Aug 12, 2018
FOLYKAZE:




Have we considered there is R-APC primary birthed to legally smoothen their defection? This is what they did in PDP and same thing playing out in APC.

I am just scared Saraki would use that party faction clause to declare Akpabio seat vacant, and battle APC in court by arguing that R-APC is a faction of APC. With that, the case is lost
And who are the elected executive members of the R-Apc? When and where did they hold their elections?
Re: Constitutional Provisions For Defection —Falana by Afamed: 5:11pm On Aug 12, 2018
FOLYKAZE:


Let see how APC legal team deal with the issue.

I need you to address this question please. Can Saraki declare Akpabio seat vacant?
Saraki too will first need to declare his own seat vacant?
Re: Constitutional Provisions For Defection —Falana by MrImole: 5:12pm On Aug 12, 2018
yeyerolling:
Uk usa and china pls come and recolonised us. We have shown since 1960 say we no get sense


Stop "asslicking" these guys...




They're not better...
Re: Constitutional Provisions For Defection —Falana by mightguy(m): 5:13pm On Aug 12, 2018
seunmsg:
This is the point those shouting about constitutionality refused to take into account. According to our constitution, Saraki and other decampees lost their senate seat the day they decamped to another party. Since Saraki is the latest advocate for the constitution and our democracy that they say is in danger, we should all tell him to democratically vacate his seat in accordance with the constitution. An artificially created r-APC that already signed up with CUPP or whatever that contraption is called did not make it mpossible or impracticable for APC to function. So, there is no justification whatsoever for the defection.
stop wailing. When pdp members defected to apc and still retain their position u didn't tell us that it is wrong but because it affected ur slave master u are here wailing

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Re: Constitutional Provisions For Defection —Falana by ogatboy(m): 5:13pm On Aug 12, 2018
seunmsg:
This is the point those shouting about constitutionality refused to take into account. According to our constitution, Saraki and other decampees lost their senate seat the day they decamped to another party. Since Saraki is the latest advocate for the constitution and our democracy that they say is in danger, we should all tell him to democratically vacate his seat in accordance with the constitution. An artificially created r-APC that already signed up with CUPP or whatever that contraption is called did not make it mpossible or impracticable for APC to function. So, there is no justification whatsoever for the defection.

So should the Pdp defectors like Akpabio
Re: Constitutional Provisions For Defection —Falana by Nobody: 5:18pm On Aug 12, 2018
MrImole:



Stop "asslicking" these guys...




They're not better...
SA is an example see d infrastructure dey built with gold money. What do we have with our oil money
Re: Constitutional Provisions For Defection —Falana by FAVOUR13: 5:22pm On Aug 12, 2018
midolian:


https://punchng.com/constitutional-provisions-for-defection-falana/

With this said, should defectors lose their seats?



Base on this fact, Saraki's action is justified, because it is clear that there are many factions in APC such as R-APCand nPDP. However, Akpabio's action is considered illegal, because there are no factions in PDP. Mr Falana, advise Mr Apkabio to return to PDP or else he will lose his seat base on your interpretation of law
Re: Constitutional Provisions For Defection —Falana by Nobody: 5:25pm On Aug 12, 2018
OK
Re: Constitutional Provisions For Defection —Falana by ksjmode: 5:26pm On Aug 12, 2018
Where was FALANA in 2014 when there was mass defection such as this. He's inconsistent.
Re: Constitutional Provisions For Defection —Falana by BabaRamota1980: 5:30pm On Aug 12, 2018
FOLYKAZE:
I watched a brilliant young lawyer arguing on the same premises as Falana. And the guy even quoted from the 1999 constitution and reference the Supreme Court judgement on precedence. The fact is that these politicians know their way round all the loopholes in our constitution and they are taking advantage of that.

Firstly, according to the law, the mandate of a political officer belongs primarily to the political platform and another round belongs to the people.

Secondly, the constitution made it clear that no political office holder can decamp to another political platform unless in case the former platform has broken into many factions.

Thirdly, in case there is no factions, the party who owns the mandate, has the power to charge the defected candidate to court and see that the seat is declared vacant. For the people, they can recall politicians they ain't pleased with.

Because of the illustration above, Politicians create an artificial rancour within the party which degenerate into factions. We had the brains of NPDP in 2014. The same brain financed R-APC so that they can pave their way out of APC legally.

I am convinced that Saraki financed and mastermind the birth and development of R-APC. The aim is achieved as they can argue that APC is factionalised. APC will have a very long way to go before they can win the case.

R-APC should be dismantled. They have no genuine reason why they should factionalise. The only way to fight the war is to Impeach Saraki and Ekweremadu before the duo play the fast one on Akpabio

I like your analysis.

There are many factors that can cause a party to loose functionality, one of which is factionalization.

Questions
1. Has APC ever been dysfunctional since it ousted PDP at national level?

2. Did creation of r-APC bring about a dysfunction of APC at national level?

3. What will indicate dysfunctionality of a party at national level?


APC is ahead of Saraki and r-APC. Notice that all the legislators from SW that were in that defection list refused to defect. When asked why they refused to defect they each said their issue and dissatisfaction is only at State Level. They went ahead and clarified that all politics are local. grin

They gave testimonies already that there was no issue at national level. This is key if the issue were to end in court.
Re: Constitutional Provisions For Defection —Falana by zinizta: 5:39pm On Aug 12, 2018
vanbonattel:
Falana is right, APC was completely shattered and scattered to the extent that Oshiomole was the acting president while buharri and Osinbajo were rendered redundant in aso rock.

Oshomole was even controlling ministers and sanctioning them to report to him. Saraki defection is therefore justified by law.


lawddddd!!!!!!!! whats wrong with our education system ?
Re: Constitutional Provisions For Defection —Falana by Tareq1105: 5:40pm On Aug 12, 2018
midolian:


https://punchng.com/constitutional-provisions-for-defection-falana/

With this said, should defectors lose their seats?



Yes, that's what the law says
Re: Constitutional Provisions For Defection —Falana by TheUbermensch: 5:41pm On Aug 12, 2018
seunmsg:
This is the point those shouting about constitutionality refused to take into account. According to our constitution, Saraki and other decampees lost their senate seat the day they decamped to another party. Since Saraki is the latest advocate for the constitution and our democracy that they say is in danger, we should all tell him to democratically vacate his seat in accordance with the constitution. An artificially created r-APC that already signed up with CUPP or whatever that contraption is called did not make it mpossible or impracticable for APC to function. So, there is no justification whatsoever for the defection.


Lol.

If Tambuwal defected and nothing happened, I don't see why Saraki's case should be different.

1 Like

Re: Constitutional Provisions For Defection —Falana by Miles300: 5:42pm On Aug 12, 2018
vanbonattel:
Falana is right, APC was completely shattered and scattered to the extent that Oshiomole was the acting president while buharri and Osinbajo were rendered redundant in aso rock.

Oshomole was even controlling ministers and sanctioning them to report to him. Saraki defection is therefore justified by law.
haha osho na mad man , imagine a party leader sanctioning a minister , approved by the president and senate
Re: Constitutional Provisions For Defection —Falana by abes(m): 5:42pm On Aug 12, 2018
FOLYKAZE:


Let see how APC legal team deal with the issue.

I need you to address this question please. Can Saraki declare Akpabio seat vacant?

Saraki cannot declare any seat vacant, only INEC can revoke certificate of return if requested by the sponsored party.

1 Like

Re: Constitutional Provisions For Defection —Falana by frowland(m): 5:43pm On Aug 12, 2018
FOLYKAZE:




Have we considered there is R-APC primary birthed to legally smoothen their defection? This is what they did in PDP and same thing playing out in APC.

I am just scared Saraki would use that party faction clause to declare Akpabio seat vacant, and battle APC in court by arguing that R-APC is a faction of APC. With that, the case is lost
R-APC is not a faction. That their was group of disgruntled elements does not make it a faction.
In the case of PDP 2014 there was two conventions going on concurrently which produced two national chairman and their respective leaders..
When and where did R-APC have their convention? who is their national chairman? Vice? youth leader, spokesman??
Going by the logic, does it mean anytime that certain group is angry that there is division? Then prepare to have countless divisions every now and then.

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Re: Constitutional Provisions For Defection —Falana by abes(m): 5:43pm On Aug 12, 2018
TheUbermensch:



Lol.

If Tambuwal defected and nothing happened, I don't see why Saraki's case should be different.

Nothing happened because PDP did not challenge him.
Re: Constitutional Provisions For Defection —Falana by antyokya: 5:46pm On Aug 12, 2018
vedaxcool:
Clearly APC should have sued Saraki when he perpetuated the first fruad alongside PDP by voting without the assembly fully inaugurated. Clearly there is no factionalization at the national level of AP. Their actions are illigal. APC should sue for the courts to declare their seats vacant.

Defenders of democracy should follow obeg simple constitutional provisions.

Do they obtain registration certificate of factionalization from CAC? What faction are you wailers talking about again when there is r-APC clearly running it's own shows? What about Akpabio? Can anyone point any faction in PDP at level? APC are tyrannical hypocrites, end of the story.

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Re: Constitutional Provisions For Defection —Falana by PaChukwudi44(m): 5:47pm On Aug 12, 2018
abes:


Nothing happened because PDP did not challenge him.
PDP went to court. APC can do same and quit whining
Re: Constitutional Provisions For Defection —Falana by uvalued(m): 5:49pm On Aug 12, 2018
seunmsg:
This is the point those shouting about constitutionality refused to take into account. According to our constitution, Saraki and other decampees lost their senate seat the day they decamped to another party. Since Saraki is the latest advocate for the constitution and our democracy that they say is in danger, we should all tell him to democratically vacate his seat in accordance with the constitution. An artificially created r-APC that already signed up with CUPP or whatever that contraption is called did not make it mpossible or impracticable for APC to function. So, there is no justification whatsoever for the defection.

tell me more grin grin

1 Like

Re: Constitutional Provisions For Defection —Falana by dahnimoh(m): 5:50pm On Aug 12, 2018
Good

So Akpabio has lost his seat?

APC shouldn't let this Saraki defection cause them high blood pressure.

APC should just concentrate good governance
Re: Constitutional Provisions For Defection —Falana by primeache: 6:38pm On Aug 12, 2018
Like they were given free form, they didn't contest in primaries and sponsor themselves.
Nonsense talk!!!

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