Aminu Tambuwal, has suddenly found himself in a dilemma,
where finding solution to his impending defection to the All
Progressives Congress (APC) from the Peoples Democratic
Party (PDP) is also part of the problems hindering his
defection.
This is because, for long, the speaker’s body language,
utterances and political associates have pointed to the fact
that his defection from PDP to APC is simply a matter of time.
However, the defection might not come easy after all, due to a
combination of factors that might have dire consequences on
his political career, if he eventually decides to defect.
Those issues have contributed in ensuring that the speaker,
who won the election to the House of Representatives under
the PDP banner, remains in a tight corner, invariably
mounting more pressure on him due to the shrinking time
available to make his move.
A credible source from Sokoto State says the state governor,
Alhaji Aliyu Wammako, has succeeded in convincing the
speaker to “shelf his desire of contesting for the presidency,
but come home and contest for the governorship of Sokoto
State under the APC.” This probably influenced the decision
of the Sokoto State APC stakeholders to zone the
gubernatorial slot to Sokoto South senatorial district where
Tambuwal comes from.
The heightened rumour of his defection reached a crescendo
last week when Wamakko told the APC members that the
speaker had been in support of the party’s activities since its
formation.
“I want to inform all stakeholders of the APC gathered here
that Tambuwal has been with us since formation of our great
party. We told him to remain in PDP until the day of
nomination of the party’s governorship candidate. And today
is the day,” Wamakko said.
However, the on-going court case at an Abuja High Court,
instituted by the PDP, seeking to have the seats of the
lawmakers that defected from PDP to APC vacant, is one
among several issues that has created a tough situation for
the speaker. PDP’s contention is that since the lawmakers
were sponsored and had won election on the platform of the
party, the court should declare their seats vacant since they
have moved to another party.
Even though the case is still at the lower court, a source very
close to the speaker told LEADERSHIP Sunday that the
endless possibilities of how the PDP could work with the
court against him are making him cautious on how and when
he defects.
“The truth of why the speaker has still not formally defected
is basically because of the fear of how the court could be
used against him. Forget about the fact that the court case
against the defected lawmakers is still in the court, if the PDP
decides that they want to get him through the court when he
defects, I am assuring you that you will instantly see
judgements flying left and right against him and all those
lawmakers who defected to the APC,” he said.
This is buttressed by the fact that a high court had in a
previous judgement delivered on October 8, 2013 held that
there was no division in the PDP to warrant the lawmakers
defecting to the APC.
Another issue hindering the immediate defection of the
speaker, according to our source, is pressure from certain key
northern elements asking him to stay put. Their reasoning is
that his position as the speaker of the House of
Representatives strategically confers on him a position to
ensure that the PDP doesn’t engage in any attempt to illegally
temper with the constitution of the country and confer an
extended tenure to President Goodluck Jonathan.
Also, the issue of moral implication of the speaker defecting
from a party that sponsored him and ensured he became the
speaker of the house to another party is another reason
making the speaker to carefully weigh the implication of his
defection. The source said, Tambuwal being a morally upright
politician feels he might loss some of his credibility by simply
abandoning the PDP that made him a speaker.
Lastly, the source told LEADERSHIP Sunday that even though
the PDP does not have a huge majority in the house that
could pose an impeachment threat if he eventually decides to
defect, the possibility of what the PDP could do, even without
a two-third majority requirement to facilitate his removal,
could go a long way in taking out some pounds of flesh from
him.
However, the PDP caucus within the House of
Representatives has remained diplomatic on the matter, even
refusing to confirm or otherwise, reported moves to begin
impeachment proceedings against Tambuwal if and when he
defects to APC.
The Deputy House Majority Leader, Leo Ogor, stated last week
that, “I will tell you that, as a caucus, we are not bothered.
His defection doesn’t change anything in the party. Therefore,
we are not having any sleepless night. This is time for
politicking. People are taking their personal decisions. It is
about your political future.
Continuing, Ogor said, “I cannot tell you the caucus will do
this or do that when the speaker has not informed anybody
that he has defected. This speculation has been on for
months, and really, I get tired.
“All I can say is, we cannot place the cart before the horse.
Whenever we get to the bridge, we will cross it.”
Reps’ Rules Have No Provision For Impeachment
However, the House of Representatives Standing Order, which
spells out procedures and practices of the house and its
committees, does not expressly provide for the impeachment
of its speaker, according to a LEADERSHIP Sunday’s finding.
The House Standing Order does not, in any of its section,
provide for the speaker’s removal from office on the grounds
of defection and anti-party activities; allegations that have
been thrown on Tambuwal in some quarters.
It does not even spell out removal procedures in the event of
“gross misconduct”.
Section 7 Rule 26(a) of the House Standing Order is the
closest the rule book gets to the removal of the speaker. The
section states that, “In the absence of the Speaker and Deputy
Speaker without any communications to the Clerk of the
House within a period of three consecutive days or where
both have either been certified or incapacitated, the House
may elect for that purpose, someone who shall preside. Such
member shall be known as Speaker Pro-tempore”.
Hence, reported moves by PDP and the presidency to remove
the speaker may prove futile if and when he defects.
The 1999 constitution (amended) in section 68 (1) says: “A
member of the Senate or of the House of Representatives
shall vacate his seat in the House of which he is a member if;
(g) Being a person whose election to the House was
sponsored by a political party, he becomes a member of
another political party before the expiration of the period for
which that house was elected;
Provided that his membership of the latter political party is
not as a result of a division in the political party of which he
was previously a member or of a merger of two or more
political parties or factions by one of which he was previously
sponsored”.
However, the PDP has consistently denied the claim by some
of the decamped lawmakers that there was a crisis within the
PDP. Consequently, the speaker might not lean on that alibi
when he eventually defects.
Lawyers’ Reacts
In his reaction, a professor of law, Itse Sagay (SAN), pointed
out that the speaker can continue to head the house because
there is no constitutional provision that bars him from doing
so.
“The constitution does not make any provision for his
removal as speaker of the House of Representatives for
decamping to another party so far as his colleagues still want
him,” he said.
“What the constitution makes provision for is when you leave
your party and is not as a result of factionalisation of your
party; then you must vacate your seat.
“So, the question that arises now is, whether he is entitled to
retain his seat as a member of the house if he decamps
today? I believed that that question can only be answered by
the court,” Sagay stated.
Agreeing with Sagay, a Lagos-based human rights activist,
Jiti Ogunye, said there is no law that stipulates who the
speaker of the house should be, except that the speaker must
be a member of the house.
“There is no constitutional provision that states that he
cannot continue as speaker if he decides to leave the PDP for
the APC, as long as he has the support of his colleagues,” he
said, adding that, “He can only be removed by a two-third
majority of the members of the house if they don’t want him
anymore.”
Meanwhile, attempts to get the reaction of the special adviser
to the speaker on media and publicity, Imam Imam, was no’t
successful, as he neither picked his calls , nor replied text
messages sent to him.
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