The Tambuwal Test for our Democracy By Simon Kolawole Lets touch on the issue currently at hand: defection. Tambuwal has joined the opposition party. Again, I want to rely on common sense to analyse this development, based on my understanding of the laws of the land. Does he have to lose his position as speaker? The answer is no. The law does not say the speaker should come from the ruling party. It is a moral issue, not a constitutional one. In 1983, Abubakar Rimi stepped down as the governor of Kano state having defected from the Peoples Redemption Party (PRP) to the Nigeria Peoples Party (NPP). He did it purely on moral, not legal, grounds. Obviously, Tambuwal does not feel morally compelled to step down. Now to the more complicated issue. Can Tambuwal remain a member of the House of Representatives having defected from the party that sponsored his election? The answer, based strictly on Section 68 (1) of the 1999 constitution, is no. That other lawmakers defected and no action was taken against them does not make it right or constitutional. It is clearly illegal to defect and remain a legislator. The section says: 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... Read the full article here bayoadeyinka/bayoadeyinka/index.php/entry/the-tambuwal-test-for-our-democracy-by-simon-kolawole
Posted on: Mon, 24 Nov 2014 22:34:43 +0000
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