• Defection constitutional, say Reps • PDP brushes off cross-carpeting of 27 lawmakers in Sokoto
Chairman, Senate Committee on Rules and Business, Senator Eta Enang (Akwa Ibom North-East), has cautioned lawmakers wishing to defect to other political parties, saying that they stand the risk of losing their seats in the parliament automatically.
But his position was opposed by the Chairman of the House of Representatives Business and Rules Committee, Albert Sam- Tsokwa, who said that the constitution of the country was not against cross-carpeting
Enang, speaking against the background of the defection of some House of Representatives members from PDP to the opposition All Progressives Congress, APC, said that the constitution of the country, judicial pronouncements and the electoral law prescribed that such actions had serious political consequences for the affected legislators.
The lawmaker insisted that he was not speaking on behalf of the Senate and the PDP but noted that legislators were elected into the parliament on the platforms of their political parties.
“When such a lawmaker defects to another political party, he/she automatically loses the seat and can only be re-admitted to parliament after he/she must have won a fresh election.
“When legislators are elected into the National Assembly, they are voted on the basis of the political parties to which they belong and not on individual grounds. “It is the political parties who win elections and as such the seat belongs to the political party and not the individual.
“Consequently, every Nigerian has the right to join a political party, merge with a political party and form an alliance with another political party.
“The question, however, is while it may be acceptable for politicians to defect from one political party to another; is it acceptable for them to retain their mandate from the parties from which they have defected? The answer is no. It should be noted that there are consequential laws guiding such defections.”
Enang also cited Section 68(1)(g) of the constitution, which provides that a member of the Senate or House of Representatives shall vacate his seat in the House of which he is a member if “being a person whose election to the House was sponsored by a political party, becomes a member of another political party before the expiration of the period for which that House was elected or provided that his membership of the latter political party is not as a result of division in the political, party of which he was previously a member or of a merger of two or more political parties or factor by one of which he was previously sponsored.”
According to the lawmaker, the provisions of this section of the constitution are explicit in matters, which concern the legislature and clearly mandates that any member of the legislature who intends to defect to another political party, must prove that division exists in the party of which he was a member, or that his party merged with two or more political parties or factions.
He also cited the case of one Mr. Ifedayo Abegunde, a state legislator, a member of the Federal House of Representatives representing Akure North/Akure South Constituency defected from the Labour Party in Ondo State in 2012 and lost his seat because of that defection. He said the court upheld the contention that the lawmaker did not prove a division or faction within the Labour Party in nullifying the defection. According to Enang,
“It is the name of the political party and not individuals that are normally in the ballot paper, stressing that because we have not passed any law or amendment that allows independent candidacy; independent candidates are not allowed in elections in Nigeria.
But the Chairman of the House of Representatives’ Business and Rules Committee, Albert Sam-Tsokwa yesterday disagree with the position of Enang, insisting that it is constitutionally in order for members of the House dissatisfied with the PDP to cross to the APC.
He stressed that such defections could not make the lawmakers lose their seats as some parts of the 1999 constitution support such. Sam-Tsokwa, a lawyer and member of the PDP representing, Takum/Donga Federal Constituency of Taraba State stated this, while briefing journalists on Legislative Performance of the House at the National Assembly.
“Nigerians ought and, indeed, deserve to know that apart from the 1999 Constitution, there is no legislation in Nigeria against cross carpeting or defection. Indeed, the constitution subtly endorses cross carpeting or defection in sections 68(1) (g); 109(1) (g); 135 and 180 of the 1999 Constitution”, Sam-Tsokwa said. He allayed fears that some principal officers would lose their seats in the event that the APC formally records a majority in the Lower Chamber.
“For the avoidance of doubt, the leadership of the House of Representatives as is embodied in the Presiding Officers emerged from the popularity of the candidates on one hand and the popular votes of members on the other and not strictly on party lineage.
Therefore, defection or no defection, the Leadership of the House of Representatives remains intact, having enjoyed and is still enjoying the confidence of the members.
“Nigerians are hereby assured and re-assured that defection or no defection, the House of Representatives remains and shall so remain Nigeria’s House of Representatives bound together by one solemn constitutional duty is to make laws for the peace, order and good government of the Federation or any part thereof. The House has a date with history as encapsulated in its Legislative Agenda and this date it must keep faith with in the overall interest of Nigeria”, he stated.
Source: National Mirror
