Senators Warn Mark Of The Danger Of Declaring Defecting Senators Seats Vacant

Fifty-two Senators have warned Senate President David Mark against being part of “the plot” to declare vacant the seats of some senators, who have defected to the All Progressives Congress (APC) from the ruling Peoples Democratic Party(PDP).

The senators, who spread across PDP and APC, wrote Mark, advising him to either leave the constituents of the defecting senators to exercise the right of recall or allow the court to determine their fate.

In the five-page letter, dated January 20, 2013, the senators also reminded Mark that since there is a case on defection in court, it will be prejudicial for the Senate President to declare the seats of any Senat vacant.

The letter followed alleged pressure on Mark to declare vacant the seats of some PDP senators, who switched camp to the APC.

But, with 52 of 109 senators writing Mark, the power equation in the Senate is delicate.

The 52 senators urged Mark not to succumb to intimidation or pressure, which can jeopardise the unity and peaceful co-existence in the country.

They warned Mark against circumventing precedence in the Senate on similar matters.

They said it is a practice in the Senate that once a matter is in court, the Upper Chamber allows status quo ante bellum.

They said the threats to declare seats of some senators vacant were capable of undermining the independence of the Legislature.

The letter reads in part: “We the undersigned Senators of the Federal Republic of Nigeria, conscious of the need to protect and preserve our nascent democracy and concerned about the future of our beloved country, Nigeria, hereby wish to state as follows, to wit:

“Having observed with keen interest the crisis in the Peoples Democratic Party(PDP), which is culminating in some senators planning to defect to other political parties, we are of the view that there is need to forestall imminent crisis in the polity.

“That we as Senators of the Federal Republic of Nigeria being on oath to defend the constitution and the interest of all Nigerians, irrespective of our ethnic background, religion, genders or political affiliation, believe that our responsibility and duty to Nigeria should override every other interest, hence, we decided to form a common front in the interest of our dear nation.

“Having reaffirmed our confidence in the National Assembly as the only institution empowered by the Constitution to protect and defend the collective interest and yearning of Nigerians, we are however concerned about some comments, statements and threats in the print and electronic media credited to some elected and unelected persons threatening to declare vacant, the seats of some Senators who are the representatives of the Nigerian people in the National Assembly.

“These threats we view with serious concerns are mischievous and capable of undermining the independence of the Legislature, thereby taking away the mandate given to such Senators who are the representatives of the Nigerian people.”

They cited precedence and legal reasons why the seats of defecting senators cannot be declared vacant.

They added: “We are also aware of a pending legal matter at the Federal High Court, Abuja with Suit No. FHC/ABJ/CSS/621/2013 on the same subject matter.

“In view of this, it is the practice of the Senate that where a matter is pending in a law court, such matter cannot be a subject of discussion or debate on the floor of the Senate.

“We hereby note that this is not the first experience in the Senate where some senators have moved to political parties of their choice as a result of one reason or the other, whereas such has not caused any political tension or intimidation.

“It is our resolve that the Senate should maintain and sustain this principle and precedence.

“It is our resolve that we do not support any attempt that the seat of any Senator proposing to defect to another party be declared vacant except by recall process from their constituents or by the pronouncement of a court of competent and final jurisdiction rather than politics of intimidation, harassment and or comment that could jeopardise the peaceful coexistence or unity of Nigeria.

“We finally enjoin the Leadership of the National Assembly to continue to accommodate all legislators irrespective of their views, believing that our country can only make progress when we tolerate, respect one another and the rule of law.”

Some of the 52 Senators: are George Akume, Bukola Saraki,Kabiru Gaya, Mohammed Sha’aba Lafiagi, Chris Ngige, Domingo Obende, Abdullahi Adamu, Oluremi Tinubu, Olusola Adeyeye, Umaru Dahiru, Wilson Ake, Bindo Umaru Jibrilla, Danjuma Goje, Alhassan Aisha Jummai, Kabir Garba Marafa, Olufemi Lanlehin, Mudasiru Oyetunde Hussaini, Ahmed Zanna, Ahmed Hassan Barata, Mohammed Ali Ndume and Ayoade Adeseun.

Others are: Hadi Sirika, Ibrahim Musa, Wilson Asinobi Ake, Omoworare Babajide, Ahmed Ibrahim Lawan, Bukar Abba Ibrahim, Alkali Abdulkadir Jajere, Ahmad Rufai, Abdullahi Ibrahim Gobir, Ahmed Muhammad Maccido, Ganiyu Olanrewaju, Olubunmi Adetumbi, Babafemi Ojudu and Anthony Adeniyi.

Also on the list are Mohammed Sani Saleh, Abubakar Sadik Yar’Adua, Abu Ibrahim,Attai Aidoko Ali Usman, Gbenga Ashafa, Solomon Ewuga, Olugbenga Obadara, Adegbenga Kaka Sefiu, Akin Odunsi, Robert Borroffice and Magnus Abe, among others.