While we're on this subject, it seems to me that there is the spirit of the relevant constitutional section posted by Bolaji, and then there is the procedural prescription about fulfilling what that section intends. The spirit and intention of those provisions seem clear to me: that any legislator who changes parties for reasons other than those outlined should relinquish her/his seat. Somehow, the intention/spirit got subsumed under the less important verbiage conveying the procedural prescription.
--
-- At any rate, why does Tambuwal, the honorable man that folks claim he is, insist on holding on to his position of speaker when he knows that the intention/spirit of the relevant law is for cross-carpetters of his hue to give up their seat, when he has only about six months left in his tenure, and when he is running for the governorship of Sokoto State? Seems to me that not only is he a man without honor, he is also a selfish narcissist (forgive the redundancy) to boot, not to mention a willing tool of those seeking to portray GEJ as weak and isolated a few months before the elections. Predictably, GEJ, the paranoid president that he is, took the bait and exposed himself to ridicule, lionizing Tambuwal and his supporters in the process.
By all means, let us talk procedure, but let us temper our procedural talk with an acknowledgement of what the framers of the quoted law intended and expected from folks in Tambuwal's situation, and let us, for good measure, insist that those who claim to have more honor than the superintendents of the status quo--those in the opposition APC--display the honor they claim to possess.
I'll go out on a limb to say that, had Tambuwal been a member of APC and crossed over to the ruling PDP, the political commentariat, for whom a justifiable criticism of the PDP status quo must be accompanied by an instinctive and visceral veneration of the opposition, would have insisted on this hypothetical Tambuwal vacating his seat. The current invocation of procedure (and sophistry) in disregard of the spirit of the law would be absent from their commentary, and moral narratives about honor and "doing the right thing" unprompted would have filled the public discursive sphere.
Being in the opposition should not entitle people to undeserved sympathy or different standards and expectations of morality and honor. We need to hold our opposition members accountable just as we do the status quo. Jonathan is an insecure, embarrassingly puerile president whose decision to prevent a seating of the House is as inexplicable as it is foolish and counterproductive. However, that does not justify the equally foolish and cringe-inducing lawlessness I saw displayed on video by Tambuwal's thugs against members of the police who were merely following orders, right or wrong. They seemed intent on orchestrating an incident that would give GEJ more bad press. The subsequent grandstanding with little substance bears that speculation out.
On Wed, Nov 26, 2014 at 5:14 AM, Salimonu Kadiri <ogunlakaiye@hotmail.com> wrote:
If a Speaker's legal standing is in dispute as Tambuwal,s seems to be presently, the security detail may be lawfully withdrawn -Ogugua Anunoby. THAT IS A BIG LIE!! Please tell us which part of the Nigerian Constitution or any other law that empowers the Inspector General of the Police to decide/dispute who is the legitimate Speaker of the House. It is intellectually dishonest to still be maintaining that Tambuwal is not the Speaker of the House when, as late as November 19, 2014, he presided over the sitting of the House that decided not to approve the extension of Emergency Rule in Adamawa, Borno, and Yobe States as requsted by President Jonathan. In addition to that Tambuwal, as the Speaker, clubbed the adjournment of the House sitting to December 3, 2014. Anybody that is still in doubt if Tambuwal is the Speaker of the House should go for a crash course in elementary logic!!
We all know that the National Assembly, of which Tambuwal is a member, and the Presidency, are a cess pool of political harlots and we should not be selective while judging the political rulers in Nigeria. Therefore, whatever may be the wish of any intellectual prostitute, Tambuwal remains the Speaker of the House until he is removed by a majority votes of 240 members of the House of Representatives of 360 members or by a court of law. The mammals led by IGP Suleiman Abba may wish to apply jungle law, but they will get their tails clipped by fence scaling legislators.
From: AnunobyO@lincolnu.edu
To: usaafricadialogue@googlegroups.com
Date: Tue, 25 Nov 2014 09:34:55 -0600
Subject: RE: FW: USA Africa Dialogue Series - On this Matter of Party Defections in Nigeria's National and State Assemblies {Re: [Naijaintellects] Chaos at National Assembly: Tambuwal Stopped, David Mark Orders shutdownCH,
The practice in Nigeria is to assign a security detail to the speaker of the house of representatives so long as they are "legally and constitutionally" (your words) in the office of speaker. If a speaker's legal standing as speaker is in dispute as Tambuwal's seems to be presently, the security detail may be lawfully withdrawn. The withdrawal can be challenged in court of course.
It is not for you or I to claim or determine that a speaker's standing as speaker remains lawful in the situation that Tambuwal willfully created knowing fully well that there may be adverse privilege consequences. I would not characterize the decision of the executive arm of government or her agency to withdraw Tambuwal's security detail as an act of "callousness". It is too emotive for me. I respect your right to pick, choose, and use words as you please .
Not that it matters, but Tambuwal has been a Nigerian politician for many years. He should have seen what might come to him before choosing to act as he did. Some state governors have had their security details withdrawn. Governor Amaechi's was. It was okay then. Tambuwal as speaker, was vociferously silent. He was not legally obliged to take a position but it would have been well that he did. Had he done then, he would be standing on firmer and high moral ground today, as he protests his loss of a speaker's security detail.
It is doubtful that Tambuwal is a principled politician. Given his choices and actions regarding his party affiliation at different times, might it be that Tambuwal is an adventurous, ambitious politician ruled by convenience, expediency, and opportunism? He has contested election as a member of different political parties. It is not clear that he stands for anything other than his personal gain. He seems completely inadvertent to the real consequences of his choices and actions on his country. All the above I might add, are no reason for him to lose his security detail as speaker if he should not. All must wait however for his legitimacy as speaker to be determined by an appropriate court. The law is usually not a matter of right and wrong. The law is a matter of the law.
oa
From: usaafricadialogue@googlegroups.com [mailto:usaafricadialogue@googlegroups.com] On Behalf Of Cornelius Hamelberg
Sent: Monday, November 24, 2014 8:09 PM
To: usaafricadialogue@googlegroups.com
Subject: Re: FW: USA Africa Dialogue Series - On this Matter of Party Defections in Nigeria's National and State Assemblies {Re: [Naijaintellects] Chaos at National Assembly: Tambuwal Stopped, David Mark Orders shutdown
Lord Anunoby,
I'm expecting a robust rejoinder from you Sir and not a mere à la Lakunle something about "misunderstood by you/ and your race of savages, I rise above taunts/ and remain unruffled"
In this savage day and age of terrorism in Nigeria it is a sad day to see whoever it is that's in charge of protecting life and property, withdrawing the security detail that should be protecting the life of the Speaker of Nigeria's National Assembly the Hon Aminu Tambuwal whilst he is still legally and constitutionally in office and acting as the Hon Speaker of Nigeria's National House of Assembly, simply because he decided to no longer be a member of the President's ruling party - so it's better if he is exposed to danger and unprotected...
Out of a polite sense of deference so as not to "insult" anybody, I do not use stronger language to condemn such callousness...
About the Police raid on the APC data centre in Lagos this is my lamentation:
That in some African countries, the State Police is seldom impartial when it comes to exclusively protecting the presidential hand that feeds them, that can promote or even retire/ dismiss (sack) them. That whereas some incumbent governments in Africa can and have used the police and military as their own personal tool in degrading their political rivals, even on some trumped up charges, planted evidence - he blows up his own garage and says the opposition did it...the following morning a cache of weapons and ammunition are "discovered" at the residence of the suspected member of the opposition and a warrant is issued for his arrest. The reverse is seldom the case – and I don't know of any cases where the Police has raided the headquarters of president or the ruling party, ostensibly in search of incriminating evidence looking either for looted gold or for forged ballot papers, the manufacturing of counterfeit money or inflation / composing voter registers, tax evasion etc.
It would seem that the Police are not yet capable of acting that independently of Caesar's wishes in our fledgling democracies.
Of course in some African countries it's sometimes even worse than that, when the incumbent government is incapable of distinguishing between the national treasury and their election campaign war chest and often, likewise refuse to give adequate space on national television to the opposition.
I hope that you don't think that I am being abstract or vague Sir, when there is evidence galore if you so desire, and since I don't think that you so desire, I hope that you get my drift....
I think that you too should stand up and condemn such things.
"when something isn't right it's wrong" As you yourself have told us before, "The only thing necessary for the triumph of evil is for good men to do nothing."
So, don't be afraid, please speak up Sir!
Sincerely yours,
Cornelius
We Sweden.
On Sunday, 23 November 2014 23:35:46 UTC+1, Anunoby, Ogugua wrote:"We do not need to discuss whether Tambuwal is a legitimate Speaker or member of the House or not but, why the Police invaded the National Assembly."
We do. If there is an effect, there is most likely a cause. To successfully deal with an effect, one must deal with the cause. Tambuwal helped to fermented the crises. He switched political parties and wanted things to remain the same. He chose to gamble. He must face the music.
We do not know for sure that the police did not have intelligence report on the invasion they claimed. The police are not obliged to share information with a Speaker or Senate President before taking necessary action depending on the nature and content of the intelligence report. What if the content pointed to the Speaker or Senate President being the architect of the thugs' oncoming assault? They are also not obliged to share the details of the report with the general public until it is safe to do so.
Is it too much to expect the Speaker, as a principal lawmaker, to dignify his high office by respecting the police enough to follow police instructions even if the police were out of order? He should have on the day. There are always available remedies that he could seek successfully. His conduct was roughish when it need not and should not be. He chose to escalate the situation when as Speaker, he should deescalate the situation? What about restraint? That is what good leaders are expected to show in similar situations. Thank goodness no lives were lost in the mayhem.
oa
From: usaafric...@googlegroups.com
From: Anunoby, Ogugua
Sent: Sunday, November 23, 2014 3:50 PM
To: usaafric...@googlegroups.com
Subject: RE: USA Africa Dialogue Series - On this Matter of Party Defections in Nigeria's National and State Assemblies {Re: [Naijaintellects] Chaos at National Assembly: Tambuwal Stopped, David Mark Orders shutdown
"We do not need to discuss whether Tambuwal is a legitimate Speaker or member of the House or not but, why the Police invaded the National Assembly."
We do. If there is an effect, there is most likely a cause. To successfully deal with an effect, one must deal with the cause. Tambuwal helped to fermented the crises. He switched political parties and wanted things to remain the same. He chose to gamble. He must face the music.
We do not know for sure that the police did not have intelligence report on the invasion they claimed. The police are not obliged to share information with a Speaker or Senate President before taking necessary action depending on the nature and content of the intelligence report. What if the content pointed to the Speaker or Senate President being the architect of the thugs' oncoming assault? They are also not obliged to share the details of the report with the general public until it is safe to do so.
Is it too much to expect the Speaker, as a principal lawmaker, to dignify his high office by respecting the police enough to follow police instructions even if the police were out of order? He should have on the day. There are always available remedies that he could seek successfully. His conduct was roughish when it need not and should not be. He chose to escalate the situation when as Speaker, he should deescalate the situation? What about restraint? That is not what good leaders show in similar situations. Thank goodness no lives were lost in the mayhem.
oaFrom: usaafric...@googlegroups.com [mailto:usaaf...@googlegroups.com] On Behalf Of Salimonu Kadiri
Sent: Sunday, November 23, 2014 2:37 PM
To: usaafric...@googlegroups.com
Subject: RE: USA Africa Dialogue Series - On this Matter of Party Defections in Nigeria's National and State Assemblies {Re: [Naijaintellects] Chaos at National Assembly: Tambuwal Stopped, David Mark Orders shutdownThe reconvened meeting of the National Assembly would have been the best occasion to decide if Tambuwal was still the Speaker of the House or not. Section 50, 2c of the 1999 Constitution says, "The Speaker of the House of Representatives or his Deputy, shall vacate office if he is removed from office by a resolution of the House of Representatives by the vote of not less than 2/3s majority of members of that House." We do not need to discuss whether Tambuwal is a legitimate Speaker or member of the House or not but, why the Police invaded the National Assembly. According to the Police, their invasion of the National Assembly was due to intelligent Reports that hoodlums and thugs were to cause mayhem at the Assembly. Yet, the Police did not inform the Speaker and the Senate President about the intelligent Reports before their action. Unintelligently, the Police behaved like street Urchins and treated Tambuwal and other APC members of the House as hoodlums and thugs. If the action of the police is not condemned, a Colonel in the nearest future can block the President from entering Aso Rock under the pretext of an Intelligence Report!!
From: Anun...@lincolnu.edu
To: usaafric...@googlegroups.com
CC: alu...@gmail.com; anthony...@yahoo.co.uk
Date: Sun, 23 Nov 2014 12:45:39 -0600
Subject: RE: USA Africa Dialogue Series - On this Matter of Party Defections in Nigeria's National and State Assemblies {Re: [Naijaintellects] Chaos at National Assembly: Tambuwal Stopped, David Mark Orders shutdown
"68. (1) 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;
"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 a member or of a merger of two or more political parties or factions by one of which he was previously sponsored; or…"
It seems to me that the above is the on point section on this matter.
Tambuwal's election was sponsored by the PDP. He quit the PDP and joined the APC. There should be no trouble with that under the law. He and other elected members of the National Assembly are always free to come and go as they please. The question it seems to me is did Tambuwal quit the PDP because of " a division… member" or " a merger… parties" or "factions… sponsored".
What needs to be determined by the courts and perhaps INEC without further delay is whether or not any or more of the following apply in this impasse:
i) Division
ii) Merger
iii) Faction
Tambuwal may not remain Speaker if he is no longer a lawful member of the House of Representatives. That issue must be determined without further delay by the courts. Any aggrieved party (including the PDP, Tambuwal's election opponent(s), one or more citizens represented by Tambuwal in the House) in "locus-standi " may bring the action and pray an appropriate court to declare Tambuwal's seat vacant. INEC may make its determination on whether or not Tambuwal, having jumped ship, is still a duly elected member of the House of Representatives too. Only then should the matter of whether or not Tambuwal may lawfully remain Speaker arise and be addressed.
Tambuwal cannot be Speaker except he is lawfully, a member of the House. It is my opinion, that INEC should step in. INEC declared him duly elected. INEC may declare his seat vacant. Tambuwal, the APC, the PDP, and/or one or more members of the constituency that he represents, may choose to appeal unfavorable court or INEC decisions. Lawyers must be crying hosanna. Christmas has again, come early for them.
I do not know that the assignment of security details to specific elected officials is not more a matter of protocol/administrative action than a constitutional one. If the Executive arm of government does not recognize Tambuwal as Speaker, it may withdraw the security details. Tambuwal may challenge the withdrawal in court. Why has he not if he has not is a good question?
Many elected public officials pride themselves in being called "your excellency", or "honorable". It is increasing clear and sad that some of them do not seem to know what the appellations mean including the responsibilities that come with them. Do they not know not to choose to eat their cake and still expect to have it? Why are they not concerned about the dangers to the country of absurdity, impunity, and degenerating precedents? Why are they not concerned about doing things well- including implanting strong and true democratic practice and tradition? Are they not familiar with Nigeria's (political) history including the 1950/60s misadventures in, the Western Region House of Assembly (carpet crossing, UPGA/NNA crises), the Eastern Region House of Assembly (Professor Itta), the creation of the Midwest Region (Osadebey/Omo Osagie), the Northern Region House of Assembly (NPC tyranny) among others, and the heavy price the country paid and continues to pay for them? Why they continually and needlessly overheat the polity for the mess of self-interest porridge is beyond the conjecture of many truly concerned, peace-loving, and progress-oriented Nigerians.
The present political imbroglio in the national government might have been avoided if Tambuwal switched parties (he was always free to), resigned as Speaker, and submitted himself to another Speaker election as a member of his new party. A majority of right-thinking Nigerians would agree, that was and still is the decent, easy, honorable, proper, and right thing to do. He would cut his name in the stone of Nigeria's history if he did. Recall Obasanjo' handover of power?
Tambuwal's supporters in his party and outside the House, continue to claim that he is popular and remains the choice of a majority of members of the House for Speaker. Where is the evidence? Tambuwal should put himself up for re-election as Speaker as ultimate proof.
Nigeria's democracy is a fledgling one. It is inconceivable that Nigeria's politicians do not know this. The blame game should stop. There is too much drama already. Remember 1966? Nigeria's politicians have been and remain the greatest threats to sound democratic governance and progress in the country. It is about time they are strengths instead.
oaFrom: usaafric...@googlegroups.com [mailto:usaaf...@googlegroups.com] On Behalf Of Assensoh, Akwasi B.
Sent: Sunday, November 23, 2014 4:33 AM
To: usaafric...@googlegroups.com
Cc: alu...@gmail.com; anthony...@yahoo.co.uk; Afoaku, Osita; deji...@yahoo.com; ovau...@bowdoin.edu
Subject: RE: USA Africa Dialogue Series - On this Matter of Party Defections in Nigeria's National and State Assemblies {Re: [Naijaintellects] Chaos at National Assembly: Tambuwal Stopped, David Mark Orders shutdownVC Aluko:
Your postings have been so lucid and helpful that anyone pretending not to hear you needs three human ears to correct any hearing defect the person has! For example, I was glad to learn from your posting about the sad" party defections" that, indeed, the Nigerian constitution has something serious and admirable: thus, if one is elected to parliament on the ticket of political party "A", if one wants to defect to party "B", one must vacate the seat when doing so. This, then, means one can go back to the voters to seek re-election on the ticket of the new party he or she has defected to. It will then be the prerogative of the voters to re-elect the person on the ticket of party "B" that one has defected to. Is that not the case, VC Aluko? If it is so, then that is very great, as it provides checks and balances right there!
If that is also, then it means that Nigeria has some admirable stipulations from the national constitution.
And there, we have it!
A.B. Assensoh.From: usaafric...@googlegroups.com [usaafric...@googlegroups.com] on behalf of Mobolaji Aluko [alu...@gmail.com]
Sent: Saturday, November 22, 2014 5:56 PM
To: Ikhide
Cc: USAAfrica Dialogue
Subject: Re: USA Africa Dialogue Series - On this Matter of Party Defections in Nigeria's National and State Assemblies {Re: [Naijaintellects] Chaos at National Assembly: Tambuwal Stopped, David Mark Orders shutdownIkhide:You still not do not seem to have read me or heard me right: the Law PRESCRIBES how a defecting member's removal should be done - and so far, outside of theillegal and hasty removal of his security aides - Tambuwal is still regarded as the Speaker by his peers, and actually presided over the brief meeting the other day atwhich Senate President David Mark met him on his seat, that is after being roughed up, or was it before sef?So we have to learn to be patient with democracy - like Obama.And there you have it.Bolaji Aluko...
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