Senate President David Mark
No doubt, the Senate President, David Mark, has temporarily won the battle against the 11 aggrieved Peoples Democratic Party senators.
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. Read More after the cut...
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.”
News From: Vanguard
