- PDP moves to break APC’s ranks, may back Goje
- Political party lacks power to decide NASS officials –Lawyers
Sequel to the riot act handed down to federal lawmakers elected on the platform of the All Progressives Congress (APC), by the party’s National Chairman, Comrade Adams Oshiomhole, the Peoples Democratic Party (PDP) has launched a counter measure to ensure it plays a major role in the emerging dispensation to avoid the imposition of a leadership on the parliament. The APC had during a parley with the newly elected members of the National Assembly, endorsed Senator Ahmed Lawan for the Senate Presidency while Oshiomhole said the APC would not share the principal offices and chairmanship of juicy committees with the PDP, leading to a torrent of backlashes. The main opposition political party, Saturday Telegraph learnt, has not only begun to sensitise its caucuses in both chambers of the National Assembly on the need to remain a united power block but has also made overtures to some lawmakers in the APC who do not seem comfortable with the Lawan choice. A prominent member of the APC Caucus in the Senate and former Senate Leader, Sen. Ali Ndume, had a few days ago voiced out his opposition to the choice of Lawan, describing it as an attempt by some persons to impose a leadership on the upper chamber if the National Assembly. A number of lawmakers who spoke in confidence with our correspondents disclosed that the major hurdle that Lawan faces was the lack of wide consultation by the leadership of the APC before he was declared as the candidate. They argued that, had Oshiomhole done his homework, the other contenders; Ndume and Danjuma Goje could have easily jettisoned their ambitions. Saturday Telegraph gathered that given the crack that has developed in the camp of the majority party, the minority party might also work against the Lawan candidacy. A source at the National Assembly hinted that the PDP had two option namely to field one of its members to challenge anyone fielded by APC or choose an APC candidate not tainted by imposition. “The scenario is such that Lawan might lose out of the contest if either Ndume or Goje decide to challenge him. Forget about the boast by Oshiomhole that they have the numbers and they don’t need the PDP or any other party to get the leadership of the National Assembly. On the day of inauguration, Oshiomhole will at best be a spectator watching proceedings from the gallery. He has no vote to cast and he cannot dictate to Senators who to support. “The PDP could become the kingmakers if they exploit the cracks in the APC by working with the aggrieved lawmakers in the APC camp,” the source said. Feelers across the two chambers indicated that apart from the Senate Presidency, the race for the other positions were yet to pick up effectively.
Race for other positions tight
However, there are indications that the race for the Deputy Senate Presidency would be a tough battle between Sen. Ovie Omo- Agege (Delta) and Sen. Francis Alimikhena (Edo), if Omo-Agege scale through his present hurdle at the Supreme Court. Saturday Telegraph learnt that whereas Oshiomhole had put forward Alimikhena for the position of Deputy Senate President, the lot may fall on Omo-Agege because other stakeholders do not seem favourably disposed to Edo State picking the position while still holding the chairmanship of the ruling party. On the position of the Minority Leader in the Senate, it was learnt that the race would be squarely fought between the current Deputy Senate President, Senator Ike Ekwerenadu (Enugu State) and Sen. Enyinnaya Abaribe (Abia State). A source close to the National Working Committee (NWC) of the APC said that ranking Senator and former governor of Nasarawa State, Senator Abdullahi Adamu, has been penciled down for the Senate Leader seat. According to the source, the APC has zoned the Senate Leader to the North Central and the party has favoured the former governor of Nasarawa State, who is chairman of the Senate Committee on Agriculture. Senator Abdullahi Adamu was one of the senators that had indicated interest for the Senate President position before the leadership of APC zoned it to the North East. Although, Hon Femi Gbajabiamila was initially touted as APC’s candidate for the position of Speaker, a recent clarification by the APC that it was yet to make a definite decision on it has further thrown the race open to more contenders. As in the 2015 race, there are indications that Gbajabiamila may also lose out following current permutations that Muslims would control the two chambers if Gbajabiamila gets the seat. In the Senate, all the contenders for the Senate Presidency are all Muslims.
APC starting another crisis for itself, says Hunkuyi
Some opposition lawmakers have also carpeted the APC and the former governor of Edo State, arguing that the instruction is unconstitutional. This is coming as some sectional groups and APC lawmakers also raised eyebrow over the matter, asking the party hierarchy not to cause a fresh crisis in the legislative arm of the government. First to fire a salvo against the “obnoxious’ rule was Senator Suleiman Hunkuyi (PDP, Kaduna North), who said that the endorsement of Senator Ahmad Lawan (Yobe, North) by the national leadership of the APC as its preferred candidate for the post of President of the 9th Senate was the beginning of crisis for the party in the apex assembly. Hunkuyi made the statement in Abuja yesterday while briefing journalists on the dangers of the action of the ruling party, saying that imposition of candidate by party leadership for any of the four presiding officers’ positions in the National Assembly was undemocratic as well as unconstitutional. The politician pointed out that endorsement of candidate for any elective office in the National Assembly was outright violation of the provisions of Section 50 (1a and b) of the 1999 Constitution (as amended). Hunkuyi, who got into the 8th Senate in 2015 on the platform of APC, and agreed with the party’s national leadership then, on the endorsement of Senator Ahmad Lawan for the number one position in the Senate, said the crisis that rocked the party in 2015 should have served as good lesson for the APC. Also, the Senator-elect for Osun East Senatorial District of Osun State, Prince Francis Adenigba Fadahunsi, also called on the Presidency and the APC to allow the elected lawmakers choose their principal officers. Fadahunsi made the call in a press statement by his media assistant, Sam Segun- Progress, saying the executive must allow the principles of separation of powers takes its root and operate in our democratic system. “Any interference in the affairs of the legislative arm by the executives and or political party would negate the course of politics and democratic tenets. “What is the business of the executive with the election of principal officers of the National Assembly? Why should the election process of the National Assembly create the tension within the APC leadership?”
Political party lacks power to decide – Lawyers
Some lawyers have also said political parties and the executive arm of the government lack the power to decide who the officials of the National Assembly will be, noting that is the exclusive responsibilities of the lawmakers. Speaking with Saturday Telegraph in Abuja, a law lecturer, Dr. Khairat Bidat, said it would be against the spirit of the law, should APC insists on who should be the Senate President According to her, the duty of electing a Senate President and other officers resides with the members of the Senate. She further stated that Chapter V of the 1999 Constitution as amend provides for how a Senate President can be elected. According to her, ” The constitution provides that a President and a Deputy President of the Senate shall be elected by the members of that House from among themselves. “It is however clear that Buhari or his party are not members of the Senate and hence, constitutionally, they do not have any legal power or say on who becomes the Senate President. “In the event that the party or the executive pick the NASS officials, it will be very unhealthy for our democracy for so many reasons. One, there won’t the checks and balances that should exist among the three arms government. “The principle of separation of power will be relegated to the background. And separation of powers is a fundamental constitutional principle. Also reacting, an Abujabased lawyer, Innocent Jegede, said neither the President nor APC could handpick a senate president. “It is impossible. The 1999 Constitution is very clear on the procedure for electing a senate president. He must be elected by the majority of senators present (after quorum is formed). It is immaterial the party that the elected senate president comes from, if it is the collective wishes of the members present, so be it. “The principle of separation of power forbids the president to interfere in the affairs of the senate and as such it is practically impossible and unconstitutional for Buhari to hand pick the next Senate President “No doubt, the president and the ruling power can be interested in who becomes the Senate President, particularly considering the debacle between him and the outgoing Senate President. “However, his interest can only be actualised by lobbying first, APC senators and across party lines. He cannot validly have a direct involvement in who becomes d next Senate President. Also, a right activist and lawyer, Dr. Abisoye Atiba, noted that it is against law and morality for a political party to single handedly hand pick the President of the Senate. According to him, “Nigeria is neither a Banana Republic or Animal Farm, where anything can be done or where some animals are more equal than the other. “By the drafting of our constitution, each of arm of government is not permitted or empowered to interfere in the affairs of each other. “That is what is meant by separation of power. The legislature is supposed to be a check on the excesses of the executive.
Buhari can only influence -Senior lawyers
Some senior lawyers however noted that as the leader of his party that is in the majority, the president can influence the choice through his party’s senators and House of Representatives members. In his submission on the issue, a Senior Advocate of Nigeria (SAN), Mr. Olatunde Adejuyigbe, said the president had no power to choose the Senate president. “We all know that the president has no power to choose the Senate president. In reality, the ruling party may nominate their members in the National Assembly for certain offices. “Nigeria is the only place where the president and governors want to control the other organs of government. Governors choose and remove Speakers of the House of Assembly as they wish. Invariably they put their stooges in the parliament and jettison the checks and balances, which should serve as bulwark against dictatorship. This is why some governors conduct the affairs of their states as their private enterprise. It is absolutely wrong. Another silk, Dr. Biodun Layonu, also believed it would be illegal for the president to pick the Senate president while saying that it was not out of place for the president to influence the choice of the person to lead the red chamber. “The president cannot by law pick the Senate president. But as leader of his party that is in the majority, he can influence the choice through his party’s senators. The ultimate decision on who becomes the Senate president lies with the lawmakers. It is their business”, the silk said. Mr. Yemi Candide-Johnson (SAN) believed the issue of who leads the Senate or House of Representatives is political and has no serious implication on the rule of law. He said: “It’s a political issue and has little to do with the rule of law. The president is the head of his political party and will exercise his political authority within that group. If the elected members of the legislature are influenced by his opinion that will neither be unusual or unlawful, it is still their choice. “The president cannot lawfully dictate a choice and all speculation about this are idle. The parliamentary party will vote”. Another member of the inner Bar, Hakeem Afolabi, said the president had no role to play in the election or selection of the who is to lead the National Assembly. “The president as head of the executive arm has no role to play in the selection or election of the senate president. It is the duty of the senators to select or elect one of them to be the Senate president. “Allowing the president to handpick the Senate president is an assault on the concept of separation of powers. If the senators allow that to be done by the president, then they should remove the word distinguish from their title as they would have mortgaged our democracy and constitution”, he said.
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