The legislature has over the years
played politics to the extreme by repeatedly, egotistically misappropriating
its gavel in contradiction of democratic norm, and severally, conceitedly axed
opposing colleagues that were elected by the people in their respective
senatorial districts and constituencies for their counterparts at the House of
Representatives or Assembly. By democratic norms, the electorates freely and
wittingly bid their mandate to some persons to exercise the sovereignty on
their behalf as their representatives and therefore can only be removed from
workplace by the people.
The fundamental principle guiding all
rules and laws is Section 1(3) of the 1999 Constitution of the Federal Republic
of Nigeria as amended which emphatically makes the provisions of the
constitution superior to all other laws including the Senate Rules.
Irrefutably, the constitution recognises Delta state as a part of the
federation and equally empowered it to be represented by senators as other
states. In other words, the action of the senate recently by suspending a duly
elected legislator, Senator Ovie Omo-Agege representing Delta central
senatorial district is clearly a display of disdain and naivety, and above all,
constitutes a robbery against the entire people of the area.
By the grotesque intrigues, the
entire population of the senatorial district being represented is
unconsciously, impliedly kicked out from the federal government by shutting out
their representative from participating in legislative businesses, sadly by
elected colleagues. Frankly speaking, the action fell below the bar of decorum.
This aberration gravely portends danger as any acts of the parliament during
the period of such unlawful suspension cannot legally stand without carrying
along the senatorial district that is likewise a stakeholder in the national
project. Succinctly, all resolutions during the unlawful moratorium should
logically be null and void as it is a legitimate right of all senatorial
districts and constituencies to be part of policies for the nation. The risk in
sustaining the noxious, malevolent and mischievous scheme is that it could
someday extensively be used as a political tool of oppression against a
district, constituency or geographical zone that genuinely clamors for welfare
of its population such that its representative may also be kicked out ahead of
the plenary.
Imperatively, election and recall,
apart from orders of the court afford the electorates rights to ‘hire and fire’
those they endorsed for public offices. It therefore becomes inconceiveable
that legislators, duly elected with certificate-of-return and consequently
sworn-in to represent their people can only exercise the mandate by the
discretion of other elected colleagues. The mandate to represent the people in
the Senate, House of Representatives or Assembly is not in any way a shared
responsibility or conditional, but sacrosanct; exclusively determined by the
people. And even if a colleague is found guilty of any violations including
in-house rules, the appropriate people to call the shorts or cut short the primary
duties are the electorates. At most, the legislative chamber can withdraw
privileged benefits it freely allotted by partisan considerations where violation
is substantiated against the colleague.
That’s the extent House Rules can go except where such rules are not
inconsistent with the provisions of the constitution unlike the present
quagmire. Thus, no legislative body has powers to shut out a bona fide
legislator elected to represent a group of people in legislative businesses of
the nation.
Democracy is etymologically, the
government of the people, by the people and for the people. It therefore
connotes that the people plays fundamental roles in any democratic system as it
is virtually all about the people. Thus, where the representative of the people
is denied access into government businesses, it is tantamount to intimidation,
terrorization and muzzling of the entire people being represented. To sum, the
action of the senate is aptly treasonous and felonious; criminal offenses
punishable with terms of imprisonments against the perpetrators. It is clearly
hostilities against Section 14(2)(c) of the 1999 Constitution, and inimical to
corporate existence of the nation. Politics must be played within the borders.
To barefacedly and recklessly shut out or suspend, even for a day, a legislator
that represents a legitimate group recognized by the nation’s constitution for
whatever reasons let alone frivolities and partisanship is the height of
law-breaking and should expeditiously attract full wraths of the law. A
legislator that contravenes in-house rules may lose secondary assigned
positions or duties but not the primary duties assigned by the electorates
which is similar to shutting out the entire people of the district or constituency
from participation in the government.
As it stands, the senate has by its
reckless action unconsciously suspended the entire people of Delta central
senatorial district from legislative businesses of the country for ninety days.
That's the height of provocation in a democracy and believably, without the
provocative attack on the people, the disgraceful snatching of the Senate Mace,
albeit condemned in strong terms, wouldn't have occurred. Probably, the jumbo
allowances the lawmakers covetously allocated to themselves made them forget
the concept of representation of the legislature vis-à-vis the people.
Emphatically, the legislative arm albeit misconstrued by politicians is the
peoples’ corner. The National Assembly transcends a legislative building rather
an assembly or gathering of representatives of all nationalities and ethnic
groups. A legislator is irrespective of his height or status, apparently the
symbol of the constituency he represents and therefore any actions against him
is directed at his people. Comparatively, suspending or shutting out an elected
representative from the parliament is not different from removing a
member-nation's flag from the ECOWAS or United Nations headquarters.
Unfortunately, true democracy largely remains a myth in the contemporary
society instead, draining of the people flourishes as a common goal. To
digress, it is indeed upsetting that most allocations made for constituency
projects for districts and constituencies in the country end up in foreign
countries for acquiring exquisite properties for ‘distinguished senators and
honorable members’. What an inhumanity to man!
Umegboro, public affairs analyst writes from Abuja via umegborocarl@gmail.com (07057101974 SMS only)
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