SINCE the inauguration of President
Muhammadu Buhari-led All Progressives Congress (APC) government in 2015, the
executive-legislature relationship is more or less cat-and-mouse with copious
turbulences. The brawls began from the election of principal officers of the
Senate. Calculatedly, embattled Senate President, Bukola Saraki of APC then,
representing Kwara Central schemed, and emerged the President of the 8th Senate
against the choice of the leadership of the party, and strategically,
munificiently ceded key positions including Deputy Senate President to the
major opposition, Peoples’ Democratic Party (PDP) to consolidate his strange
deeds.
The APC-senators’ caucus was in a
meeting at the Presidential Villa when the news of Saraki’s emergence in a
kangaroo election was broken to them. Since then, the senate for the first time
in the nation’s history cannot be clearly said to be headed by the ruling or
opposition party. A moment ago, Saraki furthermore, damned the consequences and
defected to PDP. Unfortunately, APC presently has a simple majority and removal
of a Senate President is cumbersome as it strictly requires two-third majority
votes pursuant to Section 50(2) of the 1999 Constitution of the Federal Republic
of Nigeria as amended unlike its election that requires only a simple majority
votes.
Eventually, to free from all
ambiguities, the Court of Appeal in Asogwa v Chukwu (2003) 17 WRN 71 and also
in National Assembly v President (2003) 9 NWLR (Part 824) 104 at 132,
explanatorily, discerningly ruled that the two-third majority must include all
members and not any fraction present at a plenary. By rules of ejusdem generis,
the simple majority applicable for elections equally requires participation of
all members.
Impliedly, the present leadership of
the senate cannot be said to have been properly constituted as some lawmakers
were disenfranchised at the elections. Pithily, Senator Saraki-led leadership
is a sham, illegal and invalid, and should be remedied accordingly to
circumvent setting a wrong precedent. Otherwise, it will carry the day and
lawmakers may begin to sleepover at the complex against ‘quickie-style’
elections in future.
In contradistinction, Nigeria keeps
an eye largely on the US Constitution which even didn’t accord immunity to any
public officeholders including the US President, yet, Nigeria’s Constitution
magnanimously, shields some public officeholders with immunity from criminal
prosecution in Section 308 supra. Resultantly, the abuse became unrestrained.
Recently, the Appeal court audaciously, remarkably affirmed the freezing of
bank accounts by the Economic and Financial Crimes Commission (EFCC) belonging
to a serving governor allegedly involved in diversion of public funds who futilely
pleaded immunity as serving governor.
Structurally, the lingering crisis
rocking the senate would have been averted if Nigeria embraced America’s
arrangement. By the U.S constitution, the Vice President of the United States
of America, officer next in rank to the US President ascends to the presidency
on the event of the president’s death, disability, resignation, or removal from
office as applicable in Nigeria. But exceptionally, the US Vice President
automatically heads the US Senate as its President. By the system, the
government will without difficulty implement the party’s manifestoes and
policies. It simply shows a well-thought-out template for realistic operations
of government unlike the Nigeria’s unregulated template that countenances
egocentric interests. Prudently, with the number-two citizen heading the
senate, all the public funds lavishly allocated to the office of the Senate
President are avertible alongside minimize executive-legislature blows.
As it stands, Saraki now in the
opposition, perceptibly will not flow with the executive as politics is about
interests. The President on the other hand most likely, will no longer confide
in him on sensitive issues affecting the nation. In other words, the nation’s
democracy suffers. The quagmires are traceable to a porous structure alongside
egocentricity particularly outrageous benefits. The susceptible system paved
way for the dilemma Saraki took advantage to actualize his personal interests.
Unequivocally, leadership of the senate is vital to the executive for effective operations and significant attainments.
For example, the ill-timed recess by
the red chamber despite appeals by the presidency over sensitive issues
wouldn't have been overstretched if cordial relationship exists between the two
headships. But opposition especially in a developing nation will always act
like one. And clearly, a Senate President from the same ruling party cannot
overstretch such requests that may lead to crisis. Presently, opposition in Nigeria is more of
hostility, pull-down syndromes and antagonism against whichever political party
in power at the detriment of the masses unlike in civilized nations where
public interests and values are palpably the ultimate goals.
Nevertheless, it is solvable. The
office of the Senate President could possibly, exclusively be set aside for the
nation’s Vice President akin to U.S or alternatively, earmarked for a ruling
party for amiable working-relationship with the executive. The overall essence
of government is the welfare and security of the people as provided in section
14(2)(b) 1999 supra, and therefore, overheating the polity at random doesn’t
impact positively on the masses, instead it heightens tension, paranoia and
uncertainties. Unfortunately, the vulnerable masses pay dearly for the
repercussions as the grass suffers when two elephants fight. Thus, this goes
beyond party affiliations as no political party has monopoly of ruling-party
status. By and large, any squabble in government circles that cannot visibly
add values, provide welfares to the citizenry particularly the vulnerable
ratios is bunkum.
Umegboro is a public affairs analyst and Associate of The Chartered
Institute of Arbitrators (United Kingdom) – 07057101974 – sms only
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