TheCitizen - It's all about you
  • Home
  • Headlines
  • Latest News
  • Governance
  • Business
  • Financial Crimes
  • Opinion
  • Editorials
No Result
View All Result
  • Home
  • Headlines
  • Latest News
  • Governance
  • Business
  • Financial Crimes
  • Opinion
  • Editorials
No Result
View All Result
TheCitizen - It's all about you
No Result
View All Result

The court verdict on defecting lawmakers – Daily Sun

The Citizen by The Citizen
April 4 2014
in Public Affairs, Uncategorized
A A
0
22
SHARES
734
VIEWS
Share on FacebookShare on Twitter

The judgement of the Federal High Court, Abuja, which declared that 37 members of the House of Representatives who defected from the Peoples Democratic Party (PDP) to the newly formed All Progressives Congress (APC) had no basis to retain their seats, having dumped the party which sponsored them, has expectedly been generating ripples across the country. In the landmark verdict on March 31, Justice Adeniyi Ademola held that the lawmakers no longer had any business, morally and legally, in the National Assembly.

Consequently, he ruled that the affected legislators should honourably resign from their seats in the lower chamber of the National Assembly, having crossed to another political party while their tenure was yet to expire. Also, the court barred the House of Representatives from changing its principal officers. This, Justice Ademola ruled, was because the defecting lawmakers were not competent to vote in any process to remove its leadership, or sponsor a motion to that effect on the floor of the House. The High Court verdict is the outcome of a suit filed against the leadership of the House by the ruling PDP. The defecting lawmakers were listed as 12th and 53rd defendants.

Meanwhile, the APC has gone on appeal, while the leadership of the House of Representatives has said it would stay action on the court verdict until all the issues at stake run their full course in court. That, in our view, is the best way to go about this controversial matter, considering the fact that the defection has generated a bitter and potentially dangerous furore in both chambers of the National Assembly. It has also elicited rowdy sessions that disrupted proceedings in both legislative houses. Undoubtedly, the courts are the appropriate venues to resolve such a major controversial dispute, in accordance with constitutional provisions and acceptable democratic norms.

We, however, hope all aggrieved parties in this dispute will allow the courts to resolve the matter peacefully. This is in spite of the claims by the plaintiffs (PDP) that the judgment of Justice Ademola was executory, and not declaratory, that requires immediate enforcement.

At the heart of this dispute, and which all the parties, including the presiding judge relied upon, is the correct legal interpretation of Section 68(1)(g) of the 1999 Constitution. The section provides as follows: A member of the Senate or of the House of Representatives shall vacate his seat in the House of which he is a member if: (g) being a person whose election to the House was sponsored by a political party, he becomes a member of another political party before the expiration of the period for which that House was elected.  This provision, however, comes with a condition, that is, “provided that his membership of the latter political party is not as a result of a division in the political party of which he was previously sponsored.”

Expectedly, this section of the Constitution has been subjected to various interpretations, depending on the side of the divide to which the interpreter belongs.

But, since any declaration of a court, whether right or wrong, remains law until it is upturned by a superior court, the verdict of the Abuja court, is the position of the law for now, until the Court of Appeal rules otherwise.

Nonetheless, the Justice Ademola ruling has both positive and negative connotations for our democracy. On the positive side, the position that a legislator who crosses to another party when the party that sponsored him to office is not divided has to vacate his seat, will likely sound the death-knell to whimsical and capricious carpet-crossing in the legislative chambers. This will, perhaps, usher in some measure of stability and sanity in our legislature.

On the negative side, if the High Court verdict is upheld on appeal and becomes the position of the law, that position might further encourage impunity in the ruling party and other parties, as it will stifle dissenting voices and worsen the current lack of internal democracy that has become a common feature in virtually all the major political parties. This may ultimately not bode well for our democracy.

Altogether, we urge the Appeal Court, and the Supreme Court (if the case gets to that level), to give a definitive and well-reasoned interpretation to Section (1)(g) of the 1999 Constitution so that the controversies over carpet-crossing can be amicably and finally laid to rest.

It is instructive that until 1952 when Chief Meredith Akinloye defected from his party in the then Western Region House of Representatives to another party, upsetting the stability of politics, carpet-crossing was alien to our politics. We are inclined to believe that Sections 68(1)(g) and 109 of the 1999 Constitution were designed to remedy this. Let the courts be guided properly so that the contentious matter of carpet-crossing will be resolved once and for all so that our democracy can move forward.

Share9Tweet6
Previous Post

Lagos rules out proficiency assessment for educators

Next Post

Fighting oil theft – The Guardian

Related Posts

Nigeria’s death-trap roads – Punch
Public Affairs

Nigeria’s death-trap roads – Punch

May 20 2025
Sanwo-Olu presents N2.2trn 2024 budget to Lagos Assembly
Public Affairs

Lagos housing crisis amid soaring rents – Guardian

May 17 2025
Pat Utomi forms shadow govt, vows to challenge Tinubu’s administration
Public Affairs

Utomi’s ‘shadow’ government initiative – Punch

May 15 2025
Mass failure: JAMB, VCs to review UTME results Thursday
Public Affairs

UTME mass failure signals education crisis – Punch

May 14 2025
Stop the ‘Yahoo’ traffic to Ghana – Punch
Public Affairs

Stop the ‘Yahoo’ traffic to Ghana – Punch

May 13 2025
Defections debasing democracy – Punch
Public Affairs

Defections debasing democracy – Punch

May 12 2025
Next Post

Fighting oil theft – The Guardian

Punishing corrupt judges – Nigerian Tribune

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

FROM THE GRASSROOTS

North-Central stakeholders demand return of APC National Chairman slot

Lagos APC aspirants protest over LG primaries

by The Editor
May 13 2025
0

...

Rivers LGs urge Ibas to tackle kidnapping, herdsmen attacks

Rivers LGs urge Ibas to tackle kidnapping, herdsmen attacks

by The Editor
May 8 2025
0

...

1,796 die in boundary, communal clashes in seven years

1,796 die in boundary, communal clashes in seven years

by The Editor
May 6 2025
0

...

Land dispute claims 100 lives in Ebonyi communities

Land dispute claims 100 lives in Ebonyi communities

by The Editor
March 26 2025
0

...

APPOINTMENTS

Benue governor appoints TuFace Idibia as adviser

Benue governor appoints TuFace Idibia as adviser

by The Editor
April 23 2025
0

...

Gov. Diri heads PDP convention zoning committee

Gov. Diri heads PDP convention zoning committee

by The Editor
April 15 2025
0

...

NNPCL welcomes Ojulari, bids Kyari farewell

NNPCL welcomes Ojulari, bids Kyari farewell

by The Editor
April 2 2025
0

...

Tinubu extends Immigration CG Nandap’s tenure till 2026

Tinubu extends Immigration CG Nandap’s tenure till 2026

by The Editor
March 31 2025
0

...

ODDITIES

Probe begins as Plateau market fire guts 107 shops

Father sets wife, children ablaze over alleged infidelity, daughter dies

by The Editor
May 20 2025
0

Kano varsity shuts female hostel over immorality

Kano varsity shuts female hostel over immorality

by The Editor
May 13 2025
0

18-year-old apprentice impregnates 10 girls in five months

18-year-old apprentice impregnates 10 girls in five months

by The Editor
May 7 2025
0

GLOBAL NEWS

Jehovah’s Witnesses hold annual convention series to inspire individuals, communities

Jehovah’s Witnesses hold annual convention series to inspire individuals, communities

by The Editor
May 17 2025
0

...

10 inmates escape New Orleans jail

10 inmates escape New Orleans jail

by The Editor
May 17 2025
0

...

US, Qatar sign defence, aviation deal as Trump doubles down on luxury aircraft gift

US, Qatar sign defence, aviation deal as Trump doubles down on luxury aircraft gift

by The Editor
May 15 2025
0

...

Mali junta scraps political parties

Mali junta scraps political parties

by The Editor
May 15 2025
0

...

NAHCON airlifts 14,165 pilgrims to Hajj

NAHCON airlifts 14,165 pilgrims to Hajj

by The Editor
May 15 2025
0

...

State of the States

Lagos to introduce monthly rent payment system

Lagos to introduce monthly rent payment system

by The Editor
May 15 2025
0

...

Hajj: Owerri Airport records first international flight with pilgrims’ airlift

Hajj: Owerri Airport records first international flight with pilgrims’ airlift

by The Editor
May 11 2025
0

...

Benue governor rejects Reps’ invitation

Benue governor rejects Reps’ invitation

by The Editor
May 8 2025
0

...

Abia govt to crack down on traditional rulers shielding criminals

Abia govt repays N72bn of N138bn debt, proposes $1.3bn for medical city

by The Editor
May 1 2025
0

...

Plugin Install : Widget Tab Post needs JNews - View Counter to be installed
  • Trending
  • Comments
  • Latest
Savannah Energy announces FY 2022 audited annual results with 20% increase in Nigerian operations, continues shift to renewables

Savannah Energy posts strong Q1 2025 performance with 15% increase in Nigeria’s Stubb Creek production

May 20 2025
L-R: Executive Vice Chairman/ Chief Executive Officer, Nigerian Communications Commission (NCC), Dr. Aminu Maida and Ag. Director General, National Communications Authority (NCA), Ghana, Edmund Fianko, during a benchmarking visit of the NCC to the NCA in Ghana recently.

L-R: Executive Vice Chairman/ Chief Executive Officer, Nigerian Communications Commission (NCC), Dr. Aminu Maida and Ag. Director General, National Communications Authority (NCA), Ghana, Edmund Fianko, during a benchmarking visit of the NCC to the NCA in Ghana recently.

May 20 2025
Nigeria’s death-trap roads – Punch

Nigeria’s death-trap roads – Punch

May 20 2025
Banky W bags Master’s degree in Policy Management from US varsity

Banky W bags Master’s degree in Policy Management from US varsity

May 20 2025

EDITORIAL REVIEW

Nigeria’s death-trap roads – Punch

Nigeria’s death-trap roads – Punch

by The Editor
May 20 2025
0

Sanwo-Olu presents N2.2trn 2024 budget to Lagos Assembly

Lagos housing crisis amid soaring rents – Guardian

by The Editor
May 17 2025
0

Pat Utomi forms shadow govt, vows to challenge Tinubu’s administration

Utomi’s ‘shadow’ government initiative – Punch

by The Editor
May 15 2025
0

Mass failure: JAMB, VCs to review UTME results Thursday

UTME mass failure signals education crisis – Punch

by The Editor
May 14 2025
0

Stop the ‘Yahoo’ traffic to Ghana – Punch

Stop the ‘Yahoo’ traffic to Ghana – Punch

by The Editor
May 13 2025
0

Opinion

Supreme Court affirms Mbah as Enugu State Governor

2027: Mbah, PDP and newfound political romance in Enugu

by The Editor
May 17 2025
0

...

Nigeria should emulate India’s blueprint for development

Nigeria should emulate India’s blueprint for development

by The Editor
April 21 2025
0

...

Much ado about immortalising Humphrey Nwosu

Much ado about immortalising Humphrey Nwosu

by The Editor
March 31 2025
0

...

Exit of Sahel Republics from ECOWAS – Vanguard

ECOWAS @ 50: The Mythology, Reality and the So What?

by The Editor
March 16 2025
0

...

Plugin Install : Popular Post Widget need JNews - View Counter to be installed
  • Home
  • Headlines
  • Latest News
  • Governance
  • Business
  • Financial Crimes
  • Opinion
  • Editorials

© 2024 TheCitizen Ng. All Rights Reserved.

No Result
View All Result
  • Home
  • Headlines
  • Latest News
  • Governance
  • Business
  • Financial Crimes
  • Opinion
  • Editorials

© 2024 TheCitizen Ng. All Rights Reserved.