As the succeeding drama on the defection of Senate President, Bukola Saraki continues, a group has cautioned the Chairman of the All Progressives Congress, Comrade Adams Oshiomhole not to take the 2/3 majority of the members of the Senate to the 2/3 of the members forming the quorum.
The group under the aegis of Yoruba Council of Youths Worldwide made the caution in a statement signed by its President, Aremo Dotun Hassan in Lagos.
The strong worded press release made references to the declarations of courts over related subject matter and warned Oshiomhole and APC to desist from the moves of removing Senate President, Bukola Saraki.
The statement reads thus, “The Oshiomhole Adam’s Self Judgement Attrition; is 56 APC Senators equivalent to 2/3rd enough to impeach Senator Bukola Saraki as Senate President?
“It is on this premise that we demand full scale investigation by an independent judicial inquiry, if anyone found culpable of conspiracy to wit commit treasonable felony, hence the onward prosecution of the Chairman of the APC, Comrade Adam Oshiomhole over his widely media reported statements of his illicit acts, tantamount to invitation to anarchy and treason, with his malicious and willful threat of forceful entry being the 3rd invasion in a roll, with a decoy of INEC budget virement and reconvening of the National Assembly currently under recess, after Senator Omo-Agege stolen mace Debacle, one could easily draw the nexus of causation of the recent DSS siege, which led to the dismissal of the erstwhile DG Daura, who was caught up in the vituperation canisters agenda concocted by few Oligarchists in the President Muhammodu Buhari’s led government and the APC.
This unconstitutional and unchecked ‘garage boys fight’ calls for concern by all stakeholders to jointly curb the pervasiveness and uncouth attitudes and shenanigans unleashed on our ailing democracy by this desperados..
We affirm unequivocally that the 56 APC Senators does not prove 2/3rd majority expected to effect Oshiomhole’s instruction , except they get not less than 80 of the total 109 Senators of the 8th Senate Assembly.
It is a truism that the APC led federal government has unleashed more unbearable pains and agony on Nigerians, in extant violation and breach of laws and statutes of the Federal Republic of Nigeria, more disappointing is her failed ‘change mantra’ promises.
We beckon on right reasonable members of the party to call the loose vendetta evil acts of the APC National Chairman to order, so as to urgently apply apt caution by threading cautiously ahead of the 2019 general elections.
One cannot overemphasized the importance of the Acting President, Professor Yemi Oshibajo SAN swift intervention to tilt the tide in the overall interests of the good people of the Federal Republic of Nigeria, by alerting the security agencies to stand by rule of law, though not yet uhuru, presently the journey to freedom is deep rooted in wanton disregard for rule of law and deceits, for Nigerians are witnessing today more dreaded perilous moment of hardship and anarchy.
We saw how the DG DSS used his men to cause unwarranted political inferno and embarrassing display of myths and crudity at its peak, one cannot insulate the IGP Idris from this script of shenanigans too considering the antecedent facts.
It is a trite Law that the National Assembly enjoys Parliamentary immunity and bounds by the principles of separation of powers and checks and balance, hence the need to put it clearly to all ardent followers of democratic ethos to note that it does not lie within the whims and prerogative caprice of Mr Adams Oshiomhole with over bloated ego and uncoordinated media attacks like a loose aggressive bull in Chinese store to unilaterally declare the seat of the number three citizen of the Federal Republic of Nigeria vacant or commit him to face impeachment, without being sworn in as a distinguished member of the 8th Senate Assembly.
Consequently, his conduct is highly inimical and condemnable, he needs to be cautioned legally and allowed to face consequences of his dreadful actions, in order to serve as a deterrent to other likes co-trevellers and sacred cows.
Evidently as seen in the polity today with the incapacitated display of the Buhari led federal government to salvage the situation from imminent total collapse.
We believe Comrade Adam’s conducts is evil and criminal, by virtue of the extant laws and various supreme Court judgments, which established 2/3rd to be total number of the sworn in Senators, and not the available members at a given seating.
Hence, let them be guided and sheath their sword of impunity.
Perhaps, one will expect more alternative measures of resolving the raging disputes in the polity, at least in the overall interests of the nation and not predicated on self aggrandizement reasons.
On Impeachment of Saraki and Ekweremadu
Read the two court judgements that have laid to rest the controversy surrounding how Saraki and Ekweremadu can be impeached.
CASE ONE
Asogwa v Chukwu
(2003) 17 WRN 71
The Court of appeal ruled that section 92(2) which deals with impeachment of Speaker of a State House of Assembly which is the equivalent Section of Section 50(2) at the National level for impeachment of Senate President is 2/3 of the entire House and not 2/3 of members sitting after quorum have been formed.
This completely nullifies the gutter arguments by some lawyers, APC NWC members and lawmakers in the Senate who are canvassing that what is required to impeach the Senate President is 2/3 of 56 Senators who forms quorum which is 34 Senators.
The landmark ruling of the Appeal Court was
Clear that 2/3 majority required by section 90 subsection 2 for impeachment of speaker of a State House of Assembly is the 2/3 of all Members of the State House of Assembly and not 2/3 of Members sitting after quorum have been formed. Note section 90 sub 2 for impeachment of Speaker of a State House of Assembly is the equivalent of section 50 sub 2 for impeachment of Senate President.
CASE TWO
National Assembly V President (2003) 9 NWLR (Part 824) 104 at 132.
In this case the House of Reps and Senate in 2002 overrode President Obasanjo’s veto using the arguments that it was 2/3 of the members present after quorum have been formed. Reps had about 203 Members while Senate had 50 Senators who overrode Obasanjo’s Veto in 2002.
The Court of Appeal in deciding the matter in year 2003 ruled that the constitutional provision of 2/3 cannot be Misinterpreted to mean 2/3 of members present after quorum have been formed.
The Appeal Court in the landmark judgement delivered by Justice Oguntade JCA( as he then was) declared that two-thirds majority of each House means two-thirds of the membership of the Senate(109) and House of Representatives(360) which is 73 Senators and 240 Reps members and nothing else.
Note, the courts have by these two judgements above and more laid to rest the issue of interpretation of the kind of 2/3 required to Impeach a Speaker/Senate President, Override the President Veto and Remove the Chairman of the code of conduct tribunal which is 2/3 of the entire composition of the relevant House and not 2/3 of members present after quorum have been formed.
Please pass this across to the noise maker called Adam’s Oshimole, his boys in the Senate and their paymasters.
NIGERIA IS NOT NKURUZIZA’S BURUNDI OR PAUL BIYA’S CAMEROON.
Enough is enough.
