Femi Falana, human rights lawyer, has asked the All Progressives Congress (APC) to cease the alleged plan to remove Bukola Saraki as senate president.
Following Saraki’s defection to the Peoples Democratic Party (PDP), the ruling party had asked him to step down as senate president.
Adams Oshiomhole, national chairman of the APC, on Wednesday said Saraki must return the crown to the house where it belongs.
Falana, in a statement on Sunday, said the APC’s call for Saraki’s resignation is questionable.
Quoting section 52 of the constitution, Falana argued that the senate president can only be removed by “resolution supported by the votes of not less two thirds majority of the entirety of the members of the senate”.
“The planned removal of the Senate President, Dr. Bukola Saraki by the APC should be stopped as it cannot stand,” the senior advocate of Nigeria (SAN) said.
“The attention of APC legislators ought to be drawn to section 52 of the Constitution which provides that the President and Deputy Senate President can only be removed by the resolution supported by the votes of not less two thirds majority of the entirety of the members of the Senate.
“Since the APC legislators cannot muster the required two thirds majority of the votes of the entire members the plan to impeach Senator Saraki should be dropped forthwith.”
Below is the full statement:
Introduction
The crisis of misgovernance in the country has been accentuated by the official impunity of members of the ruling class. Hence, the executive is justifying disobedience of court orders while legislators regularly suspend their colleagues and carry out impeachment of Governors outside the ambit of the Constitution. Even though it has been decided by the Court of Appeal that a legislative house lacks the power to suspend a legislator both chambers of the national assembly and state legislative houses have continued to suspend members who disagree with their colleagues. And contrary to several decisions wherein the Supreme Court has meticulously outlined the procedure for impeaching governors by not less than two thirds majority of the members, 8 out of 30 members of the Benue State House of Assembly are said to have concluded plans to impeach Governor Samuel Ortom. Instead of calling the members of the APC involved in the charade President Buhari has washed off his hands like Pontius Pilate. Since the recent defection of a number of legislators from the ruling party has generated some controversy it is pertinent to examine relevant provision of the Constitution and decided judicial authorities on the matter.
Impunity of Legislators
By virtue of sections 39 and 40 of the Constitution which guarantee the fundamental rights of expression, conscience and opinions as well as freedom of association every citizens is entitled to hold political opinions and belong to political associations and change such opinions and association at any time. But such freedom is circumscribed in the case of elected legislators.
Although cross carpeting by legislators was common in the first republic it has been prohibited by the 1999 Constitution Thus, in Abegunde v Ondo State House of Assembly (2014) LPELR 23683 the appellant, a member of the House of Representatives had decamped from the Labour Party to Action Congress of Nigeria. In justifying his defection the appellant claimed that the Labour Party in Ondo State was factionalised.
Since the division of the Labour party was limited to Ondo state v the supreme court held that it did not affect the party at the national level to justify the defection. It was therefore decided that the appellant had lost his seat in the House of Representatives. Relying on the case of Atiku Abubakar v Attorney General of the Federation (2007) 4 SC (part ii) 62 the supreme court held that it is only a division, factionalisation or fragmentation that can make it impossible or impracticable for a party to function that can justify the defection of the lawmakers.