To defect or not to defect? That is perhaps the begging question, which answer would be known on Tuesday. But the reality on ground is that the issue has become thorny and may lead to a major crisis that could negatively alter either the configuration of the Senate or its cohesiveness. UCHENNA AWOM writes
As at Thursday, the disposition in the senate seems to suggests that it will not be an easy road for the would be defectors. Reason being that they are massed against some explainable reasons that could impede their smooth movement out of the People’s Democratic Party (PDP), that is to say that they are running against a tide, which they surreptitiously unleashed on themselves earlier before making a formal move to jump ship.
On Wednesday the group of 11 senators of the PDP led by Senator Bukola Saraki (PDP, Kwara) formally wrote the President of the Senate, David Mark notifying him of their decision to dump the platform of the PDP on which they were elected for the opposition PDP.
The 11 senators which include; Senators Danjuma Goje(Gombe), Jumai Alhassan (Taraba), Umaru Dahiru(Sokoto), Ibrahim Gobir (Sokoto),Ali Ndume (Borno), Magnus Abe(Rivers), Wilson Ake (Rivers), Jibrila Bindowo, Shaaba Lafiaji (Kwara), Bukola Saraki (Kwara) and Mohammed Barata (Adamawa) had in the letter cited factionalisation and division in the party as reasons for their defection. They also said their communication is pursuant to Section 68 (1g) of the Constitution of the Federal Republic of Nigeria, 1999 as amended.
The letter read in part; “We, the undersigned Senators of the Federal Republic of Nigeria, elected under the platform of Peoples Democratic Party (PDP), wish to notify you that we have severally and jointly joined the All Progressives Congress (APC).
“This action and decision is as a result of the division and factionalisation in the PDP that sponsored our elections into the Senate.
“In view of the above, we write to inform you that following the division and factionalisation in the PDP, we have formally joined the APC.
“This communication is pursuant to Section 68 (1g) of the Constitution of the Federal Republic of Nigeria, 1999 as amended.
“For your information, guidance and record purposes,” the defecting senators said in their letter.
The letter was however not read by the Senate President, instead online media became awash with the news of their defection even when it was not the case, because defection can only happen on the floor. The announcement was made by the interim publicity secretary of the APC, Alhaji Lai Mohammed. He even informed that the defection would be formally announced on the floor of the senate that afternoon. It was not to be, instead it was learnt that Senator Mark chose to meet with the defecting senators apparently to sound them out of a likely implication of their action.
That notwithstanding all hope was that the letter would be read the next legislative day being Thursday. The day came, the letter was not read, because the Senate President was not around to do so, but his deputy, Senator Ekweremadu declined to act on it on the premise that Mark never gave him the letter to read adding that Senator Mark had instead told him that he had a discussion with Senator Saraki wherein they agreed that both of them would meet on Monday on the matter.
The issue led to near uproar on the floor because Saraki and Danjuma Goje raised orders of privilege to compel the Deputy Senate President to read the letter. Other APC senators joined the fray in solidarity with their intending members. They cited variously the internal rules of the senate and even the Minority Leader, Senator George Akume raised some constitutional issues to drive home his point that Ekweremadu has the powers to give effect to the letter. They did not succeed to browbeat him, he stuck to his gun and successfully pushed for the commencement of other legislative business.
Well, the defecting senators seems stuck and that may continue for a long time going by the standing rules of the senate, which barred the senator from discussing any matter that is before the courts.
Order 53 (5) of the Senate Standing Orders (2011, as amended) states: “Reference shall not be made to any matter on which a judicial decision is pending, in such a way as might in the opinion of the President of the Senate prejudice the interest of parties thereto.”
That is the issue, which was even raised by the senators in their first appeal letter to Mark, wherein they urged him not to succumb to in treaties to declare their seats vacant if they defect. In the letter they reminded the Senate President on the pendency a matter in the court over the issue of defection, which was instituted by them.
It could be recalled that 22 of them towards the end of last year had filed a preemptive suit at a Federal High Court in Abuja, seeking to obtain a restraining order on the President of the Senate from declaring their seats vacant in the event they make do their plans to jump ship to the APC. Despite the widely reported court order, the Senators have yet to defect the party, instead their number keep plummeting thus sending signals that they may have suddenly developed cold feet.
In the five-page letter, dated January 20, 2013, the senators also reminded Mark that since there is a case on defection in court, it will be prejudicial for the Senate President to declare the seats of any Senator vacant.
Their case is not the only one, the PDP is also in court pursuing a case, where they are contesting the propriety or otherwise the defection despite the fact that an Abuja high court had last year declared that their is no division in the PDP ditto the Independent National Electoral Commission.
Therefore, a source in the National Assembly said the President of the Senate may not be disposed to act on the letter in other not to be caught in the web of subjudice or to be seen flaunting the court order.
Again analysts, posits that Senator Mark has the option of declaring the seats of the Senators vacant since the constitution empowers him to do so, besides obeying the subsisting court affirmation of no- division in the PDP.
“This much is what sources revealed he could tell them at the parley he plans with the defecting lawmakers on Monday. He would probably tell them of the grave implication of their defection.
So Order 53(5) of the senate standing order may the albatross and is sure going to surface on the floor on Tuesday.
If the order is raised on the floor and adopted it means the intending defectors would have to stay for a long time as PDP senators until God-knows when the case would be fully dispensed.
The danger is that whichever way it goes, it is still not skewed in their favor. Another thorny issue remains the matter of group defection. Source contend that the Senators may be compelled to write individually to the Senate President of the resolve to defect.
It was a tacit message that was somehow sent to the intending defectors last week even before the group letter was sent. Perhaps the message is what the senators are anticipating all along. In that case, the coast seems to be clear on what they should do in the circumstance now while also fret over Order 53(5) of the Senate Standing Orders(2011).
The senate while responding for the first time to the plans of the Senators to defect made it clear that no single senator has formally indicated interest to cross carpet.
It also insisted that constituents do not elect groups of persons for one position, but rather individual candidates, and as such, any intending defector must be guided by the constitutional provisions.
Chairman, Senate Committee on Information, Media and Public Affairs, Senator Enyinnaya Abaribe conveyed the senate position last Tuesday; saying that the leadership of the upper chamber had yet to be formally informed by any Senator or group of senators planning to defect.
He also gave some insight into why the defecting senators had not formally made defection moves, saying they could not jointly sign a defection letter as each senator must sign his own defection letter, which must be read immediately on the floor of the Senate.
The Senate spokesman said the senators’ letter might be a personal one to Mark because they could not write as a group to the Senate.
He said, “The Senate, officially, is not aware of any letter about senators defecting because any letter that comes to the senate will be read on the floor.
“If senators write personal letters to the Senate President, that is strictly personal between them and the Senate President. They have not written it for reading on the floor of the senate.”
“I have had cause to say this before that the process for anybody to move from one party to the other is very well stated in the Constitution and the process is open, clear and not in a way that can be misunderstood in any way.
“So until we get an open letter from each senator. Don’t forget that every senator did an election on his own. There wasn’t a joint election. So senators can’t write a joint letter to the senate president about defection.
“It must be individual and every person who has to leave, for whatever reason, will have to state his reason and also do it personally. And until we see that, we assume that nobody is yet to go anywhere.”
However, a day after 11 senators did forward a letter to President of the Senate signifying their intention to defect to APC. The letter was yet to be read at press time, but what is certain is that the majority status of the PDP is nowhere threatened.
Well, observers, believe that should senate bend backward it would be to sustain its prided cohesiveness, but somehow the defectors and their destined party; APC may have bungled the chance. The external announcement of their defection by Mohammed must have stocked anger that could justify the senate sticking to its rules.
“They are approaching the matter in a near ambush way, apparently recognizing the intricacies of their action. Otherwise they should know that cajoling the President of the Senate could be a better approach rather towing a recalcitrant line. They are in court, PDP is in court and the rules are clear. So who is boxed in the corner? The House of Representatives procedures and rules are different, though the constitution of the Federal Republic of Nigeria is the same”, said the lawmaker in confidence.
Recall that the Minority leader, Akume had raised the sentiment of a constitutional right, but dodged the senate rules while attempting to browbeat the Deputy Senate President, Ekweremadu to read the letter.
He had said; “Mr President I speak on behalf of those of us who have sworn to protect the Constitution of this country. Mr president you are not new to this system. We are all senators of the Federal Republic. This country operates a bicameral legislature. This country has only one constitution that guides the country. Therefore, what is constitutional in the House of Representatives cannot be unconstitutional in the senate.
But a senator confided that the Akume explication may not hold sway and he knows it, that what operates in the circumstance is both the constitutional order and the rules of the senate as agreed by all senators. The thorny issue is the Order 53(5) not even the right to declare the seats vacant. They have to contend with that order for now. It is indeed a Quacky and thorny road to a defection.
Source: Leadership
