David Mark Stop Attempt To Declare Defecting Senators Seats Vacant

Senators of the Peoples Democratic Party (PDP) moved against their colleagues who had indicated intention to defect to the All Progressives Congress (APC), asking the Senate President, David Mark, to immediately declare their seats vacant.

The development was a continuation of the drama witnessed on the Senate floor on Tuesday, when five of the 11 senators raised points of order to intimate the Senate of their planned defection.

Though Mark ruled each of the five senators out of order, declaring their actions null and void, since the matter could not be discussed, having been taken to court, senators of the PDP apparently took offence and decided to take a pound of flesh on Wednesday.

Chairman, Senate Committee on Rules and Business, Ita Enang, who called for the sack of the defecting senators, said they had become strangers on the floor of the Senate.

He declared that the rules of the Senate did not allow it to conduct its business in the presence of strangers, adding the the Senate President was empowered by the rules, the Constitution of Nigeria and the Legislative Powers and Privileges Act.

While citing Order 14 of the Senate Standing Orders 2011, as amended, Senator Enang said Mark should immediately proceed to declare the seats of the defecting senators vacant.

According to him, Section 68(1g) of the 1999 Constitution also stipulated that a lawmaker could only defect from the party that originally elected him if there was division in the party.

“Yesterday, (Tuesday), Senators Abubakar Bukola Saraki, Abdullahi Adamu, Aisha Alhassan, Magnus Abe and Wilson Ake declared on the floor of the Senate that they are no more in the PDP.

“This is the party that sponsored them to the Senate. This is the party that owns the seats that they are sitting on. Mr President, I have two judgments of the court to present before this distinguished Senate to show that the seats of Senators Saraki, Alhassan, Adamu, Abe and Ake are vacant on the floor of the Senate and they are strangers on the floor of the Senate.

“I have the judgment of Justice E.S. Chukwu delivered on the October 18, 2013 between the PDP and INEC, Abubakar Baraje, Olagunsoye Oyinlola and others, in which the court had declared that there is no division in PDP.

“I, therefore, move that you exercise the powers conferred on you, Mr President, to declare their seats vacant,” he said.

The Senate President, however, ruled against Senator Enang, saying since he had ruled on the matter on Tuesday, he had no choice to rule the same way.

“I believe you were in the chamber here yesterday (Tuesday). I am not going to comment on the issue you raised because you were here yesterday and I explained that the matter is before a competent court of law.

“My ruling is not going to be different because it is a constitutional matter. Hence, I shall make no pronouncement on it. Therefore, I rule you out of order,” he said.

But the PDP senators were not done, as the chairman, Senate Committee on Defence (Army), Senator George Thompson Sekibo, raised another point of order to insist that Mark should declare the seats of the defecting senators vacant.

As he made his contributions, some of the PDP senators started shouting Now! Now!! Now!!! The commotion caused the Senate President to call for order severally.

The Senate President, however, again ruled Sekibo out of order, saying “there should be no further reference to the matter that is before the court. Therefore, I have no other option than to rule you out of order.”

 Senator Babajide Omoworare of APC, however, raised constitutional point of order, in a bid to save the defecting senators.

Mark later asked the senators to stop wasting time, adding that “you were here when I ruled Ita Enang out of order. I don’t know why you should go back to it. It is my ruling that is important. Therefore, I rule you out of order.”