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Only 73 or More Senators Can Remove Saraki, Say Falana, Olanipekun, Ozekhome, Others

Published

6 years ago

August 19, 2018

Eric

Nigerian legal luminaries have learnt their voices to the impeachment saga rocking the Senate, saying it would take about 73 senators or more to remove the Senate President or his deputy from office by virtue of Section 50(2)(c) of the Constitution.

According to Sunday Punch, some of the legal experts who spoke on the issue are Mr. Femi Falana (SAN), Wole Olanipekun (SAN), Ifedayo Adedipe (SAN), and Chief Mike Ozekhome (SAN).

Others are, Kayinsola Ajayi (SAN), Fidelis Oditah (SAN), Mr. Norrison Quakers (SAN), and Mr. Roland Otaru (SAN).

They insisted that Section 50(2)(c) of the Constitution referred to two-thirds of the 109 senators as opposed to two-thirds of those present on the floor, to legally impeach any presiding officer of a legislature.

Olanipekun urged Nigerians to respect the rule of law instead of always trying to undermine the constitution.

The former president of the Nigeria Bar Association, whose chambers handled the celebrated case of, Abegunde Vs Ondo State House of Assembly, and the upturning of the impeachment of former Governor Rashidi Ladoja, said the Supreme Court had ruled on the case of processes in legislative houses and how persons can be impeached.

He said, “Those arguing the matter should look at the celebrated case in which the impeachment of Ladoja was nullified. They should read the Supreme Court decision on the case that brought Peter Obi back as governor as well as that of former Governor Joshua Dariye.

“For me, it is very straightforward and I want to believe that what is going on is that we don’t respect the judgments of the Supreme Court. In civilised climes, once the apex court has given a decision on a subject, you don’t argue it even if you don’t agree. It is like solving a mathematical equation.

“On what is two thirds as envisaged by the constitution, the Supreme Court agreed with us that it refers to the total number of members as demanded by the constitution and not a fraction.”

Ozekhome said, “It will take 73 senators, not 24, to remove Dr Bukola Saraki as Senate President. Section 50(2)(c) of the Constitution did not talk of members present and voting.

He added that the Court of Appeal had laid the debate to rest in the case of the National Assembly v The President, FRN (2003), where Justice George Oguntade (retd.) held in the lead judgment that, “In order to override the President’s veto, there must be at least 73 members in the Senate and at least 240 members in the House of Representatives.”

Also, two professors of Law and senior advocates of Nigeria, Kayinsola Ajayi and Fidelis Oditah (QC), said the two-thirds referred to by the Constitution was two-thirds of 109 senators.

Oditah said, “The section states that it is two-thirds of members, which, prima facie, means two-thirds of 109.

The SAN noted that with the way the law was structured, it was “virtually impossible to remove an erring Senate President.”

Ajayi, who also aligned his thoughts with that of both Ozekhome and Oditah, said it would take two-thirds of “all living senators” to remove the Senate President.

Similarly, Otaru argued that the two-thirds majority provided for in the constitution is that of all the members of the Senate and not just a fraction.

He said, “This has been given judicial interpretation in the case of Asogwa vs Chukwu (2003) 4 NWLR PT 811 Page 540, where the Court of Appeal interpreted the provisions of Sections 101 & 102 of the 1999 constitution as it relates to the removal of the Speaker of the House.

Speaking with one of our correspondents, Falana said the Senate President can only be removed by two thirds of the entire Senate and not just two thirds of the members present.

He said the case had been decided by the Court of Appeal and the matter had not been challenged.

On his own part, Adedipe, urged the Federal Government and the ruling party to adhere to the rule of law.

He said, “The constitution is not something you tamper with. It lays down the framework for governance and it is not unmindful of the peccadilloes of our people. If it were to be two thirds of members present, nothing would prevent 20 senators from impeaching the Senate President.

The Punch

Headline

Breaking: Wike Plans to Attend Thursday’s PDP NEC Meeting

Published

2 days ago

April 17, 2024

Eric

By Eric Elezuo

The immediate past Governor of Rivers State, and Minister of the Federal Capital Territory (FCT), Mr Nyesom Wike, may have concluded plans to attend the much advertised National Executive Council (NEC) meeting of the main opposition party, the Peoples Democratic Party (PDP), billed to hold on Thursday, in Abuja.

Impeccable source, who is in the know, told The Boss that the minister, whose membership of the PDP is yet to be revoked even as he frolicks with the ruling All Progressives Congress (APC), and serving in the President Bola Tinubu government as a minister.

The Source told The Boss that Wike’s impending presence at the NECeeting on Thursday is not unconnected with plans, already hatched with some governors, to weaken the opposition PDP.

“Yes, we have on good authority that FCT minister, Wike is planning to attend the NEC meeting tomorrow all in a bid to weaken the fabrics of the PDP, and pave the way for the continuation of the Tinubu administration come 2027, and by extension, relapse Nigeria to a full blown one party state.

“From every indication, Wike and his co-travellers, are bent on unleashing the same crisis ravaging the third force, Labour Party, and Senator Rabiu Kwankwaso’s Nigerian National People’s Party (NNPP) on the PDP for the APC to remain the only political party in the country, and ensure that Tinubu has no challenger, come 2027,” the Source said.

It would be recalled that Wike has boasted over and again that there’s no opposition against Tinubu’s re-emergence in 2027, and that they have made sure of that. He has been compensated with the Ministerial job after he withdrew support for his party, and supported the APC and Tinubu to emerge as national government.

The Source further revealed that in the attempt to actualize the intended one party state, a lot of funding is ongoing to ensure that concerned stakeholders are ‘settled’ handsomely.

Wike, prior, during and after the 2023 general elections, has been floating in between the two major political parties; the APC and the PDP. While he claim to still be a member of the PDP, he is functioning as a minister in an APC government, mocking the inability of his party to discipline him.

Political stakeholders have concluded that the outcome of Thursday’s PDP NEC meeting will determine the path Nigeria’s political trajectory will take, and that it may portend the end of multi-party system and political democracy if Wike succeeds in his plan.

Headline

Bribery, Corruption: APC Suspends National Chairman, Ganduje

Published

5 days ago

April 15, 2024

Eric

The All Progressives Congress ward in Ganduje, Dawakin Tofa Local Government Area, has suspended the party’s National Chairman, Dr. Abdullahi Ganduje.

The party ward legal adviser, Halliru Gwanzo, announced the suspension while addressing newsmen in Kano State on Monday.

Gwanzo cited allegations of bribery against Ganduje levelled by the Kano State Government as the reason for the suspension.

“We decided to suspend Dr. Abdullahi Ganduje from the party due to the seriousness of the allegations against him,” Gwanzo said.

Meanwhile, efforts to contact the Chief Press Secretary to the APC National Chairman, Mr Edwin Olufo, failed as his mobile phone was unreachable.

Headline

Akpabio Commits to Collaboration with Tinubu, Governor Umo Eno

Published

1 week ago

April 12, 2024

Admin

The President of the Senate, Godswill Akpabio, has stated his commitment to working closely with Nigeria’s President, Asiwaju Bola Ahmed Tinubu, and Governor Umo Eno to ensure the delivery of democratic benefits to the people of Akwa Ibom State.

Akpabio stated this in his country home, Ukana, Essien Udim Local Government Area of Akwa Ibom, while briefing his constituents on the journey so far as their representative in the red chamber.

He assured the people of Akwa Ibom North West Senatorial District of his commitment to their welfare in appreciation of their total support for him, President Bola Tinubu and the ruling All Progressives Congress (APC) in last year’s election.

The Highpoint of the constituency briefing was the distribution of over 10,000 bags of rice and other essentials for his constituents from the wards, to the local governments.

A statement by his Special Assistant on Media, Jackson Udom, quoted Akpabio as saying, “I am here once again, to thank you for standing by me, our President and the party, before, during and even after last year’s elections. I have come to say thank you and also bring Renewed Hope to you all.

“As the President is doing his own, the Senate President is also doing his bit and being complemented by the state governor, Akwa Ibom would be the better for it. We have finished elections and politics, we are now into governance. The governor of the state must touch you, because he is the governor of all the people in the state irrespective of political affiliation.

” As I am touching you now from the political angle, I will also touch the state without any political party affiliation. Most of the projects we are putting in place would be used by people resident in the state. Relax, things are getting better.”

The former Governor of the state, assured his constituents that his current position as the Senate President would be used for the development of the state in collaboration with the President and the Akwa Ibom State Governor.

Hear him: This Senate President is not the one that would be fighting the state government. I will collaborate with , I will collaborate with , to make the state better for us all. We cannot be out of government for a long time. You have to go to a government that carries you along”

Akpabio promised to work for his constituents and Nigeria with all his strength, noting that, “as the President of the Senate, I am for the Southern region and the entire country. I may not come here regularly to tell you what I have been doing for you, but you will be feeling the impact on way or the other. Our unemployed youths would be gainfully employed. I will construct a mini stadium in all the local governments in the district, for our youths to develop their sporting potentials. ”