DEFECTION OF LAWMAKERS IN THE NATIONAL ASSEMBLY

With the fallout of 5 of the nPDP governors culminating in their defection to APC, a lot of opinions have been expressed especially as it borders on the composition of the legislature. While some have expressed positions such as Members of the legislature who intend to defect to APC might lose their seats, it has become pertinent to post statutory conditions for defection by members of the National Assembly;

The 1999 Constitution allows defection of lawmakers if there is division in any political party.

Section 68 (1) says: “ A member of the Senate or the House of Representatives shall vacate his seat in the House which he is a member if -

(a) he becomes a member of another legislative house;

(b) any other circumstance arise that, if he were not a member of the Senate or the House of Representatives, would cause him to be disqualified for election as a member;

(c) he ceases to be a citizen of Nigeria;

(d) he becomes President, Vice President, Governor, Deputy Governor or a Minister of the Government of the Federation or a Commissioner of the Government of a State or a Special Adviser;

(e) save as otherwise prescribed by this Constitution, he becomes a member of a Commission or other body established by the Constitution or by any other law;

(f) without just cause he is absent from meetings of the House of which he is a member or a period amounting in the aggregate to more than one-third of the total number of days during which the House meets in any one year;

(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 a merger of two or more political parties or factions by one of which he was previously sponsored.”

WHAT HAS HAPPENED TO OUR CONSTITUTION REVIEW

Towards the last quarter of the 6th National Assembly in Nigeria, the process of Constitution Review began and culminated in the amendment of several sections including the Electoral Act. At the beginning of the 7th National Assembly, the Senate especially spear headed the process which the House of Representatives concurred. 

To this end, many optimistic Nigerians saw the process as a way of liberating the people. The wide zonal and constituency consultations offered a lot of hope since they were met with large crowds of attendants. These consultations resulted to the enumeration of several issues to be tabled for discussion in the legislature and subsequent translation into laws that would amend affected areas of our constitution. The Senate especially set criteria to begin legislative activities that would consider issues like states creation, boundary adjustments, local government autonomy and host of other issues. 

Of course the process is on going. However, in recent times the entire process or better still the brouhaha associated with it has fizzled out. In fact, what seemed to be a transparent process guided by public opinion began to lost its integrity and representation, leading to many Nigerians asking questions as to the integrity of the process and its eventual outcome.

The year 2013 is gradually coming to an end and nothing tangible has been recorded as success of the committees on Constitution Review of both Houses especially given the huge amount of public funds that have been allocated for this purpose.

Does it mean the Constitution Review Process has ended? what is happening to the aspirations of Nigerians that have been brought forward for legislative action? Do members of the Committees have requisite knowledge in advancing their roles? what of the hundreds of millions of Naira been voted for the course? Is it another case of deceiving the populace? Nigerians demand answers to these questions to know exactly where their fate lie. We ought to remember that the voting results from both Houses of the National Assembly must be reconciled in order that they are sent to the State Houses of Assembly for another round of voting. Where are we exactly on the time table or agenda of the Process? It will only be wicked if this set of Nigerians come back next year through the budget asking for more funds when nothing is on ground to justify any further trust. While we await any positive action in that direction, Nigerians ought to ask those they sent to represent them, questions about the on-goings in the constitution review process. We demand genuine answers where our security, welfare and livelihood is being directed. 

The least we can do, is educate and remind ourselves of our rights in a democracy.