Sunday, February 16, 2014
Senate President Can Declare Seats Vacant –Nnamani
In a short while, the proposed National Conference will roll off. There are controversies over the mode of selection of delegates and the timing. Opposition to it also flows from the fact that previous ones were never put to use. How do you see it?
I think it is an excellent development. I praise the political courage of Mr. President to constitute the National Conference. Those who are talking about the timing, well, I don’t know when will be the best time. But I think it is appropriate that we do it since people are complaining that they are marginalised. So many people are bitter and it is important that we sit down and use ballot papers instead of bullets. So, I think we should dialogue even if we have gone to war, we will still sit down to talk. For Mr. President to initiate this, I think it is appropriate and necessary. Rather than complain, let us go find ways to discuss. The conference boils down to dialogue among different groups in Nigeria. I think it is a welcome development. Every person in my view, should give it a chance to succeed.
Pessimism on the outcome of the conference is predicated on the fact that previous ones were just mere talk-shops and no bite. Again, this is an election year. Do you not think it is a distraction?
I don’t believe it is a distraction because it is an election year, or a build up to a general election. In my view, if we have had several conferences that came to almost nothing, it does not mean that we will stop holding dialogue. Because people go to war and get killed does not mean that there will be no wars. What we should do is to think positively that this one will succeed. I said, it is good to use words rather than weapons. It is good to use ballot papers rather than bullets.
Then, what is key on your mind, to be addressed at the conference?
For instance, we have six geo-political zones which are not in the Nigerian constitution. That should be taken care of by this type of conference. We should now find a way of entrenching the zonal structure and get equality of zones just like we have equality of states though the South East has five states, one zone has seven, the rest six. Well, there are some states that have fewer local government areas than others. Bayelsa has about eight local governments. It is still a state. Kano has 44 it is still a state. There is equality of states. Therefore, if we can entrench the zonal structure in our constitution, we will have equality of zones. Things should be shared according to that structure. In which case, no zone will feel alienated. If they like they can create more states. Like some states are creating what is called development areas, which is not part of the local government structure recognized by the constitution. The constitution recognizes, 774 local governments. But some states have created what they have intelligently coined to be development areas. So, I think the confab could contribute towards getting the zonal structure entrenched. There are other areas that could be streamlined.
Take the spate of defections of politicians, people say it could rock our democracy, if there are not adequate constitutional provisions to checkmate it. Should it also be addressed by the conference?
I don’t think the issue of defections of politicians from one party to another, should occupy the time of the people going to the conference. The Nigerian constitution is very clear on that, as far as I am concerned.
Take for instance, the issue of PDP. The Supreme Court has stated clearly, that there is no division in PDP and INEC has reconfirmed that; although the highest body is the Supreme Court. Where you might think there is a problem is where a party goes into merger, and any member in that section can afford to change because the party has ceased to exist. That section 68 of the constitution that people are talking about is very, very clear. I noticed that a group of senators sent in a letter. But the constitution did not envisage a group defection. It is individuals. If you read it very closely, the word “member” is there. The section did not say ‘members’, which means it is addressing one person and not group. I think all those who have turned in letters of defection as a group, it may be necessary for them to turn in their papers individually.
But the court is yet to affirm the position of the defectors. Don’t you think the National Conference could address it conclusively?
I don’t think such subjects should occupy the minds of participants at the conference. It should not. The Nigerian constitution, I insist, is very clear on that. It’s very clear on what constitutes a division, and what warrants a legislator or any person defecting on the floor of the National Assembly. It is very clear. In this particular case, the matter is still in court. I don’t think people should defect when the matter is in court. I think it is fairly a long process. Again, members of PDP that are defecting are risking their seats; because I am not sure that if their seats are declared vacant they can come back to the National Assembly again.
Who has the power to declare their seats vacant?
It is very clear. From the constitution, the powers of the senate president is enormous in matters like this. If he makes a pronouncement, he is just following the constitution. Even if they go to court, they will not be attending sittings, until the court adjudicates. I don’t think it is proper for them to jeopardise their positions in the National Assembly. The Supreme Court has made it clear that there is no division in PDP, followed by INEC’s pronouncement. On what basis are they doing collective defections? I am afraid that group defections in that sense cannot stand, There is no provision for group defections. If a group signs a letter, and sends it in, it will not stand. The constitution talks about “a member”, which is singular. I don’t think the constitution envisaged a situation where there will be mass defections as we have today. According to the law, the party PDP has no division. We may have division of opinion, but in terms of party structure being divided, we have only one PDP.
But we must be careful. Our own legislative arm in Nigeria cannot be different from other successful ones all over the world.
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