Why Tambuwal remains the Speaker When on November 6, 2011, the Right Honourable Aminu Tambuwal emerged as the democratically elected Speaker of the 7th Term of the House of Representatives very much against the wishes and permutations of the Presidency and the PDP political machine, many constitutionalists and democrats all over the world rejoiced over the progressive development. He scored a massive 252 votes out of a possible 360 leaving the Executive and PDP sponsored Hon Mulikat Akande-Adeola in a distant second with only 70 votes. Nigerians and all lovers of democracy were jubilant not because Tambuwal won the Speakership election with such humbling landslide but because of its significance for the hallowed constitutional doctrine of separation of powers which is generally agreed to be the most important palladium for the guarantee of the citizens’ liberty against oppressive and dictatorial governments. One of the problems of Nigeria’s inchoate democratic experimentation has been the absence of genuine separation of powers. Politicians had carried on as if they were still running military dictatorship where will of one man was supreme. Before the advent of the Tambuwal leadership of the House, it was always the case that the Executive represented by the Presidency had a hand in the election or ‘picking’ of the leadership of the National Assembly. The result had been the gross undermining of the workings of separation of powers which had led to lack of accountability in national governance. And whenever the legislative leadership wanted to activate the constitutional order based on separation of powers and the mutual checking and balancing of powers, they were promptly reminded that “he who pays the pipers calls the tune” and if they insisted further on pursuing their constitutional obligation of checking the excesses of the Executive, they were promptly shown the exit door. The emergence of Tambuwal changed all that and, for once, Nigerians witnessed a legislative process that was devoid of external influence or manipulations. All subsequent efforts by the PDP apparati and the presidency to harass and intimidate him into falling into their sphere of control failed and the fruits of that failure are the several investigations that the 7th term of the House of Representatives carried out and the rigorous nature of the oversight process this time round which has exposed the nation to the huge corruption taking place in government. That is a remarkable legacy of the Tambuwal speakership. The “you chop, I chop” evil alliance that used to characterise the relationship subsisting amongst the various arms of government, in particular, between the Legislature and the Executive, was reduced considerably; each organ became a little more careful about abuses and corruption for the fear that the other “non-co-operating organ” might squeal and go public. It was good for our young democracy that there were some levels of separation of interests and variances in power deployment amongst the key democratic organs of state. Let us not forget that Tambuwal was not put into office by the PDP. Instead, he was elected solely by his peers in the house who were bent on using the occasion of his election to demonstrate their commitment to separation of powers under which the Legislature would be free from the control and manipulation of external organs as used to be the case. It was therefore clear from day one that it was not going to be business as usual when the President could dictate to the lawmakers what actions they must take and those they must not. Here is where I think most people missed the point: Tambuwal as Speaker did not come to office with the votes of the PDP members alone. Tambuwal as speaker was therefore the property of the House as a whole and not that of the PDP. That explains why all attempts to bring him down by the ruling party and the Presidency failed. He on his part was very careful not to provide any opportunity to strike at him by avoiding all the “banana peels” around him. His real staying secret is to always carry members along in all his actions in strict compliance with the famous “Legislative Agenda” he unfolded at his inauguration. I know as a matter of fact that he related very well with all his colleagues and never distinguished them by their party affiliations and they equally repaid him with unconditional loyalty. When he once spoke of the “body language” of the Executive on corruption, I laughed that it is actually the body language of the Speaker that should worry the Executive as the man continually dined with them with the proverbial long spoon. I was therefore not surprised when he formally “defected” last week after a motion for long adjournment till December 3rd was duly moved by Hon. Mulikat Akande-Adeola and seconded by the amiable Hon. Leo Ogor. My surprise has indeed been about the misguided reactions of the PDP. It is common sense that you cannot control what you don’t have authority over. Defecting from the PDP for Tambuwal was simply a formality. He was never solely a PDP Speaker either in action or by inaction. He was for all. Constitutionally, he can be removed from the office of speaker only by those who elected him in the first place and that is his peers in the House of Representatives and until that is the case there is no other authority that can do so lawfully. So he remains the Speaker. The massive heresy that has been retailed to us all week is that once he announced his defection he automatically forfeited his office because the constitution demands that legislators shall lose their seats if they abandon the party under which they were elected without looking at the following killer rider that they however need not vacate their seats if there are divisions or crises with their parties. Who does not know that there are crises in the Sokoto branch of the PDP, what with the massive defection which took place there earlier this year leading to the emergence of the “new-PDP”? Even then, precedents abound about past and recent and popular defections where no seat has been vacated. What is more, there is a court order commanding the maintenance of the status quo ante. Appealing to crude logic and perverted sentiments over the defection can only overheat the polity; it can also take our eyes off the bigger problems like Boko Haram that is chopping away at our territorial integrity or the nation’s economy that is spinning downhill by the unfettered force of corruption. The PDP reserves the right to be worried by the loss of a fish as big as Tambuwal but the valid question really is: was he ever their fish? That brings us to the issue of the hasty withdrawal of the security details attached to the Speaker. It is childish and a clear manifestation of poor understanding of the workings of the constitution and the democracy it establishes. Until he is voted out by those who made him the number 4 citizen of Nigeria, that office ought to be safeguarded by all those officially charged to do so. For a country like Nigeria with all its manifest possibilities, it should be clear to all that no condition is permanent and official powers ought therefore to be exercised judiciously and devoid of malice. If there is anything left in our constitutionalism, the President should instruct the Police authorities to immediately resume their duties to the office of Speaker of the National Assembly without further delay. Copyright PUNCH.All rights reserved. This material, and other digital content on this website, may not be reproduced, published, broadcast, rewritten or redistributed in whole or in part without prior express written permission from PUNCH. Contact: editor@punchng ift.tt/1zD8SyS ift.tt/1w1nhOQ [[Boost your social presence with NAIRALIKES nairalikes ]] #nigeria x #nairalikes #vanguardng
Posted on: Sat, 08 Nov 2014 23:08:18 +0000
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