LEGAL POSITION ON TAMBUWAL DEFECTION Tambuwal defection to APC does not make him vacate his seat as a speaker.The 1999 constitution as amended under section 50(2),provides for the circumstance under which a speaker or his deputy shall vacate office- (1)where he ceases to be a member of the House while the House has not be dissolved (2)where the House of which he was first sits after any dissolution (3)where he is removed from office by a two third majority votes of members of the House. Paragraph (a) above is to be read in conjunction with section 68(1)(a)-(h) of the constitution, which further provides for the circumstance under which a member of the House shall vacate his seat. Going by sections 50(2) &68(1), especially 68(1)(g), the question now is whether Rt.Hon.Tambuwal is bound to vacate his office as the speaker of the House in view of his defection to APC from PDP. It is submitted that by of the proviso to section 68(1)(g),a defecting member of the House shall not loss his membership if he proves that the reason for his defection to other party is the existence of some division in his former party or if his former party merges with other party.
Posted on: Tue, 04 Nov 2014 13:12:19 +0000
Trending Topics
Recently Viewed Topics
© 2015