Court Restrains Reps From Changing Leadership As APC Members Insist On Majority Leader's Removal

 

A major crisis has broken out in the House of Representatives, with All Progressives Congress (APC) members demanding House Leader Mulikat Adeola-Akande’s removal.

Some other principal officers should also step down, the APC Caucus will demand in a letter to Speaker Aminu Tambuwal.

The 171 APC members in the House rose last night from a meeting in Abuja to demand their right to produce the House Leader – in line with constitutional provision on simple majority.

A court restrained yesterday the House from tampering with its leadership. But the Reps said they were not bound by the order.

The decision will not affect Speaker Aminu Tambuwal and Deputy Speaker Emeka Ihedioha, it was said.

The APC members also vowed not to recognise Mrs. Adeola-Akande as the House Leader.

A source at the meeting said: “Those of us in APC are now 171 in a chamber of 360 members. We met and decided to write the Speaker to invoke the relevant constitutional provision and rules to effect a change of leadership from the Majority Leader(House Leader) downwards.

“We only require a simple majority of one or two members to effect a change of Majority Leader and other principal officers as the House may deem fit. PDP, APGA, Labour Party and Accord are about 150 members.”

On the deputy speaker, the source, who pleaded not to be named, said: “We cannot ask the Deputy Speaker to step down because the Constitution says it requires two-thirds of members to take such a decision.

“So, the Speaker will certainly get our letter on Tuesday (today) and read it on the floor of the House.”

The resolution of the members of the party was the outcome of a short meeting at the National Assembly yesterday.

The letter will insist on the removal of Akande-Adeola, Deputy Majority Leader Leo Ogor, Chief Whip Mohammed Isiaka Bawa and Deputy Chief Whip Mohammed Mukthar.

Ihedioha is left out, “though with reservations”, a member said.

The letter will also contain the request that all the emoluments and allowances accruing to the listed leadership members because of their offices be frozen until the leadership change is completed.

The APC legislators also vowed not to recognise any bill, motion or argument that comes through the listed leadership members until the change is effected.

Members who were alerted about the meeting through text messages began arriving at the National Assembly from 5:30 pm yesterday and by 6:30 pm the meeting, which was presided over by the opposition leader, Femi Gbajabiamila, was over.

A member of the APC, who did not want to be named, said the letter was to abide by the rule of the House. He said: “According to the rule, we have to tell him officially, and he ( the Speaker) will call the Clerk to cross check and they will effect the changes.”

On the court case, members cited the case of PDP National Secretary Olagunsoye Oyinlola, saying the PDP was also disobeying court cases. “ In any case, we have not even got the ruling,” a member said.

Asked about the court injunction, the source said: “We have heard about it in the realm of rumours; let those who have it come to the House with a copy on Tuesday.

“The question you should ask yourself is: Can the court stop the Legislature from functioning? What has become of the Principle of Separation of Powers?

“We will not accept any Kangaroo injunction from anybody. We will respect the Judiciary, but we won’t allow anyone to interfere with our job.”

Another member at the meeting said: “We learnt that they are planning to disrupt our proceedings on Tuesday; we are prepared for them.

“We have made it mandatory for all our 171 members to make it to the chamber on Tuesday.”

It was gathered that all the parties were seeking legal consultations last night. The areas of focus were sections 49, 50,and 56 of the 1999 Constitution.

Section 49 says: “Subject to the provisions of this Constitution, the House of Representatives shall consist 360 members representing constituencies of nearly equal population as far as possible, provided that no constituency shall fall within more than one state.”

Section 50 (1) reads: “There shall be -

(a) a President and Deputy President of the Senate, who shall be elected by the members of that House from among themselves, and

(b) a Speaker and a Deputy Speaker of the House of Representatives, who shall be elected b members of that House from among themselves.

(2)  The President or Deputy President of the Senate or the Speaker or Deputy Speaker of the House of Representatives shall vacate his office -

(a) if he ceases to be a member of the Senate or of the House of Representatives, as the case may be, otherwise than by reason of a dissolution of the Senate or the House of Representatives; or

(b)  when the House which he was a member first sits after any dissolution of that House; or

(c) if he is removed from office by a resolution of the Senate or of the House of Representatives, as the case may be, by the votes of not less than two-thirds majority of the members of that House.

Section 56 says: “ (1) Except as otherwise provided by this Constitution, any question proposed for decision in the Senate or the House of Representatives shall be determined by the required majority of the members present and voting; and the person presiding shall cast a vote whenever necessary to avoid an equality of votes but shall not vote in any other case.

(2) Except as otherwise provided by this Constitution, the required majority for the purpose of determining any question shall be a simple majority.“

Chairman of media and publicity Committee Zakari Mohammed confirmed that the House leadership will witness some shake-up from today.

Mohammed spoke at the weekend in Kaiama, Kaiama Local Government Area of Kwara State, shortly after a meeting with some politicians in the council.

The House spokesperson, alongside 34 members of the defunct new PDP, defected to the APC.

He said that 10 other PDP members were set to defect to the APC.

“As it stands today, as I talk to you now, we have (APC) 172, PDP is 167 and the rest which is 20 to 22 belong to the other parties.

“We have about 10 members who are coming into the APC as soon as we resume on Tuesday, (January 21)”.