The senators
have since January 20, given him a letter on their defection to the opposition
All Progressives Congress, APC. But Mark last Tuesday declared that he would
not read the letter until the case on the issue pending in the court of law was
dispensed of.
The senators
are now forced to continue sitting in the ranks of the PDP in the Senate even
though they are now registered and card carrying members of the APC.
Senate
President David Mark
They had
earlier threatened to bluff their way through by moving on their own to sit in
the seats reserved for the APC. However, they were forced to have a rethink
when they got word that the Senate President would declare their seats vacant
should they take the law into their hands with that effort.
Faced with that
threat, they quickly backtracked.
Defection
letter
By still
sitting with the PDP senators in the Senate chamber following non reading of
their defection letter by the presiding officer of the Red Chamber as
constitutionally required, despite their possession of their new party’s
membership cards, therefore means that they have not defected and any contribution
(s) made on the floor of the Senate by the affected senators would be counted
on the side of their estranged party. So in essence, they are PDP senators in
the chamber and APC senators outside.
The Chairman,
Senate Committee on Information, Media and Public Affairs, Enyinaya Abaribe,
PDP, Abia South, confirmed this at a media briefing when he said: “As far as
the issue of the 11 senators are concerned, we are still seeing them as one;
they are in the PDP and not the APC.”
Those who had
thronged the Senate Chamber before the commencement of the day’s sitting last
Tuesday, knew that trouble was lurking even before the commencement of sitting.
The suspicion
emanated from the fact that apart from the unusually early and complete
attendance of all APC senators for the day’s plenary, they were the only
senators seen fully seated while PDP senators were either still outside the
chamber or yet to arrive the premises of the National Assembly. The 11
defecting senators were seen quietly and uncomfortably seated on their seats on
the PDP side of the chamber.
What put fear
in the minds of observers most was that the APC senators were all seen in an
unusual manner, putting their heads together while discussing in hush tones.
The fears were
confirmed when the opposition senators stood up to acknowledge the entry of the
minority leader, Senator George Akume, but chose not to welcome the Senate
President when he entered the chamber.
Those on the
opposition side concentrated on their hush discussion.
Noticing that
all was not well, Senator Ayogu Eze, PDP, Enugu North, crossed over to the side
of the APC senators and teased: “What is happening to you people, you won’t
even look and greet your leaders?”
And sensing
too, that certain things were wrong, Mark, having waited on his seat for about
20 minutes for the PDP senators to increase in attendance, possibly to contend
any trouble from those in the opposition, called for a close door session which
was the third time within one week. The session ended in just 15 minutes due to
irreconcilable differences.
As they
hurriedly reconvened the plenary, to take some items slated for treatment on
the day, Senator Bukola Saraki, Kwara Central, raised a point of order, citing
Order 14 of the Senate Standing Rule that deals with privilege. Standing on
this, he reminded the Senate President that they have since left the PDP to
join APC, having earlier submitted letter to that effect and as such, requested
that the Senate President read their letter of defection which he disclosed,
was sent to the Senate President on January 20, 2014.
But relying on
Order 53(5) of the Senate Standing Orders 2011 as amended, the Senate
President, David Mark, declared that their defection was null and void and of
no effect until a court of law says otherwise, given that the affected issue
was pending in court.
Pending in
court
Seeing that
they had been blocked from realising their plans, they resorted to Plan B, by
verbally and individually announcing their defections to the APC, while still
citing Order 14, which deals with privilege of senators. First to speak was
Senator Bukola Saraki, Kwara Central, Abdullahi Adamu,Nasarawa West, Aisha
Alhassan, Taraba North, Magnus Abe, Rivers South East, and Wilson Ake, Rivers
West in that order. But the Senate President remained defiant and again, ruled
all of them out of order, while still citing the pending court case as his sole
reason.
Sen. Saraki
He then
referred them to the Senate Order 53(5) which reads: “reference shall not be
made to any matter on which a judicial decision is pending, in such a way as
might in the opinion of the President of the Senate prejudice the interest of
the parties thereto.” Even when Senators Akume and Anthony Adeniyi tried to
convince the Senate President that the case in court was an injunction stopping
the Senate from declaring vacant seats of the affected senators and not
stopping them from defecting to the APC, yet, Mark remained adamant.
Akume raised
Order 14 which reads: “Any Senator may rise at any time to speak upon a matter
of privilege suddenly arising, and he shall be prepared to move, without
notice, a motion declaring that a contempt or breach of privilege has been
committed, or referring the matter to the Committee on Ethics and Privileges,
but if the matter is raised in Committee of the Whole Senate, the Chairman
shall leave the Chair and report progress.”
After citing
this Order, Akume went further to say, “this is a legislative house and
privileges are guaranteed by law. This is an issue that has dragged on for so
long. We cannot stop people from associating. By the power conferred on me as
the Minority Leader, I have the right to speak on behalf of my people.
Therefore, I move that the Senate President should read the letter now. I so
move.”
But Mark again
replied Akume, saying, “tell me your privilege that is being breached and I
will rule on it. I do not want to shut you out, but there shall be no further
reference made on it”. He then ruled him (Akume) out of order, declaring that
by the power conferred on him by Order 14 which Akume referred to, he was not
satisfied by his explanation.
One of the
senators, Magnus Abe, Rivers South, who spoke after the drama at the Senate
chamber, begged for a political solution to the issue. “We still believe that
this is a problem that has a political solution and what we need to do as
senators under our leadership is to look for a solution that will satisfy the
desires of individual senators, satisfy the desire of the people of this
country, to see greater democracy satisfy the wish of the constitution to allow
free association of persons and I think the challenge before the senate is to
look for that solution so we are still working together.”
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