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Author Is Oshiomhole’s call for Saraki’s resignation justified?  (Read 61 times)

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Offline Isaac Adeniran

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Is Oshiomhole’s call for Saraki’s resignation justified?



Kayode Ajulo (Principal partner, Castle of Law Chambers)
What is supreme is the constitution. The question we should ask is;  where exactly in the constitution does it state that for you to lead the National Assembly particularly the Senate, you must come from the ruling or the majority party? Although it is has been the convention, it is left for senators or members of the House of Representatives to determine who their leaders should be. That explains why the moment you become a senator or member of the House of Representatives, the issue of party takes the back seat and you become a senator of the Federal Republic of Nigeria.

If tomorrow, senators decide to vote for a member of the Labour Party or APGA as Senate President, so be it. It is their decision; this decision is not cast in stone or on marble.

I want to believe that Oshiomhole needs to be careful not to overheat the polity with his comments on this matter. It is more of incitement, you cannot call senators out to perpetrate illegality.

What is expected is for Oshiomhole to call his party members into a room and convince them and if they are convinced and they are able to get together 73 of their colleagues which constitute two thirds envisaged by the constitution, they can then go ahead. If not, they will have to wait for Saraki to resign if he is so convinced. Oshiomhole should not overheat the polity. A lot of our young people are watching us; Oshiomhole’s public utterances on this matter have not been helpful at all.

Mr. Olayinka Sokoya (Secretary, NBA, Ilesa branch)
The call for the resignation of the Senate President, Senator Bukola Saraki, is not only an aberration but an act of political rascality. The National Chairman of the All Progressives Congress, Adams Oshiomhole, lacks the locus standi to make such an illegal pronouncement.

I can recollect when Aminu Tambuwal defected from the Peoples Democratic Party to the All Progressives Congress some years ago, nobody, including Oshiomhole, demanded his resignation as the Speaker of the House of Representatives.

I have painstakingly perused Section 50 (2 (c) of the Constitution of the Federal Republic of Nigeria 1999 (as amended), it is empirically and unequivocally clear that the Senate President can only be removed by not less than 2/3 of the majority of members of the House.

The national chairman of APC does not have the vires either under the law or under any guise to make such a call. Although he, as a Nigerian, is entitled to his opinion, he can only advise members of his political party and not someone who has defected to another party.

I will rather advise Oshiomhole to mend the cracks in the walls of his political party and ensure that Nigerians truly experience the change the APC as a political party promised and stop chasing shadows.


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Offline Isaac Adeniran

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Re: Is Oshiomhole’s call for Saraki’s resignation justified?
« Reply #1 on: August 21, 2018, 10:56:35 AM »
Augustine Okechukwu (An activist)
How can he ask Saraki to resign, is it constitutional? It is not constitutional. Does Oshiomhole as the APC national chairman have anything to do with the Senate?

Is he a senator or a government official in Nigeria? He is a party man and should mind the business of the APC; he has nothing to do with Saraki.

It is the senators that would decide Saraki’s fate; they have their rules and orders that guide their conduct. So, it is left for the senators to decide, not Oshiomhole. Besides, Saraki is no longer in the APC.

I think Oshiomhole is just playing politics, Saraki should simply ignore him, he has no basis for asking Saraki to resign, and he has no locus standi. Constitutionally also, he has no locus to ask Saraki to resign.

Was he the one that sent him there? The people that sent him there, the constituents, would recall him if they feel he is not representing them well.

The senators who voted him as Senate President can also remove him if they feel he is not doing well but Oshiomhole has no right to demand Saraki’s resignation; his utterance is uncalled for.

In fact, people like him should not be making such a statement. He should just concentrate on how to lead the APC to achieve their goal of winning the 2019 elections.

Wahab Shittu (A legal practitioner)
The call is justified. The first reason is that Oshiomhole is the chairman of the All Progressives Congress which is the ruling party and as the ruling party; the APC will definitely want to have control of the legislature for seamless governance.

So, making the call against the background of Saraki’s defecting to another party is a call made in the interest of the APC as a party and that exactly is what Oshiomhole ought to represent.

Secondly, democracy is a game of numbers and if the APC has the majority in the Senate, it implies that Saraki having crossed to the PDP cannot insist on remaining as the President of the Senate because that crown ought to belong to the majority party.

 So, if Saraki voluntarily decides to leave the APC, he should be ready to surrender the seat of the Senate President to the party it belongs to. Having said that, we should recognise the fact that Oshiomhole can only make the call for Saraki’s resignation based on these reasons I have stated. He cannot determine the process because it can only be determined by senators. Choosing a Senate President is the sole prerogative of senators and it will be determined by votes in the chamber.


NaijaSky

Re: Is Oshiomhole’s call for Saraki’s resignation justified?
« Reply #1 on: August 21, 2018, 10:56:35 AM »

Offline Isaac Adeniran

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Re: Is Oshiomhole’s call for Saraki’s resignation justified?
« Reply #2 on: August 21, 2018, 10:58:42 AM »
To that extent, Oshiomhole not being a member of the Senate, cannot dictate to the Senate how to conduct its affairs. What he can do is to influence the APC members in the Senate to vote in the interest of the party.

He cannot directly influence the proceedings of the Senate from outside as that would be undemocratic.

However, if you look at recent events, it would seem the APC is poised for a showdown and you should know this will not be easy because Saraki is also making his moves. In all, I believe we should adhere strictly to the provisions of our constitution on this issue.

If the constitution is not followed, it could lead to anarchy. I believe that to remove a Senate President, you need the votes of two thirds of all members of the Senate and not two thirds of senators present after a quorum has been formed.

Sunny Anyanwu (A legal practitioner)
Saraki should resign on what grounds? Was it because he dumped the APC for the PDP? There is no reason for him to resign. Saraki should continue his job as the Senate President of the Federal Republic of Nigeria.

He has not committed any crime that would warrant his resignation. The noise being made by Oshiomhole as APC national chairman is uncalled for. As far as I am concerned, he is just wasting his breath and energy if he has any left. The senators elect their leader and the Senate Presidency does not belong to the APC or PDP.

Any of the parties could as well produce the Senate President so the position does not belong to any particular party, whether the APC, the PDP or APGA. Saraki became Senate President under this administration and he is still there.

That he left for the PDP is not a justification for calls for his resignation. As far as I am concerned, the APC chairman is just a noisemaker; he has no right to call for Saraki’s resignation.


NaijaSky

Re: Is Oshiomhole’s call for Saraki’s resignation justified?
« Reply #2 on: August 21, 2018, 10:58:42 AM »


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