SOME MEMBERS of the inner bar have been reacting to the emergence of Senator Abubakar Bukola Saraki as the President of the Senate of the Federal Republic of Nigeria.
Speaking to The Guardian on the matter, Chief Emeka
Ngige(SAN) said: “I have not been able to get a copy of their rules. I need to
get it before taking informed position because they were quoting their standing
rule.
The other argument is that that rule applies only when you
have been sworn-in as a member, when the house is operating normally, that is
when everybody must have been sworn-in as a senator.
But when if comes to inauguration, all of them, if not all,
a substantial number of them, more than 50 percent must be present. So, I need
to read it.
The All Progressives Congress(APC) should just settle down
and allow Saraki and at the appropriate time, they can strike.
Saraki, with the way he emerged, will now be sleeping with one eye.
Saraki, with the way he emerged, will now be sleeping with one eye.
The proverbial banana peel is already on the side of his
presiding chair. It is like, he will now be watchful before he finishes his
tenure.
If I were Saraki, since I know that I have the number of
Peoples Democratic Party(PDP) and some members of APC that would make him win
that election, I would have asked that we wait for our colleagues to come.
That is the mark of statemanship.
That is the mark of statemanship.
Another person I lay the blame on is the Clerk of the
National Assembly. He allowed himself to be used for political purposes and the
Clerk is supposed to be a civil servant who is not a card- carrying member of
any party.
Even if the rules were not violated, decency and morality demand that they should have postponed that election by at least one hour.
Even if the rules were not violated, decency and morality demand that they should have postponed that election by at least one hour.
This is because, earlier that day, we were watching
television and were told that the road and the gate to the National Assembly
had been blocked by the police and that reporters and even workers were not
allowed in.
Thereafter, about 30 minutes later, they said that the
inauguration had been postponed. These incidents ought to have made him to
postpone the election to by at least one more hour to allow everybody to be
present. But what he did by proceeding with the election, seeing that all his
colleagues were not there is like he was acting out a script.
It is immoral, even if the rules permit him to do that. When
we appear before a court, there are occasions that the judge arrives by 9am.
When he calls a matter and the party on the side is not there, he will stand
the matter down for 30 minutes in case the other party is held up. The exercise
could be right or legal, but the moral aspect is that the Clerk of the House
ought to have delayed the inuaguration for one hour.
Look at what happened in the House of Representative. Nobody
is complaining there. Everybody took part in the voting and the winner emerged.
For me, Saraki would have still won even if all the APC members were there.”
Also speaking, Albert Akpomudje (SAN) said: “It is good for
democracy. I think the APC played into the hand of the PDP. They should have
put their house in order. But again, if you look at the process, the president
had issued a proclamation for the national assembly to be inaugurated.
Everybody supposed to be there. Nobody is going to wait for you because you are
from the presidents party.
You may also look at the number of votes. Those of them who
were out were in the minority. Even if they had participated, they would not
have got the majority to help the APC.
So, whether it was done in their present or absent, what
matters at the end of the day is that the senate president emerged from the
majority votes. In the argument about quorum, they are 109 members and quorum
is aobut one third of the total number. It is not the two third majority.
Quorum usually is not more than one third of all members. I
think they formed the quorum. Those who voted are more than half. It is not an
issue that should be argued. If all members were present, Saraki probably would
have won too. So that is the nature of politics – no permanent friend, no
permanent enemy.”
On his part, Yusuf Ali (SAN): “In the rules of the national
assembly there is a quorum. If the quorum was not formed, the clerk would not
have called for election. So, the question about the legality of the election
should be directed to the clerk of the national assembly. He knows what
obtains. I think the APC should reappraise its tactics. They need to capert
their frustration. They need a specific reaction or they go the way of PDP. PDP
made the same mistake on Tambuwal. I think the APC needs to strategise and
extend the olive branch to their members.”
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