Only the Speaker of the House of Representatives is constitutionally
empowered to declare vacant the seats of the 37 lawmakers who defected
from the ruling Peoples Democratic Party (PDP) to the All Progressives
Congress (APC), the Chairman of House Committee on Rules and Business,
Albert Sam-Tsokwa, has said.
Sam-Tsokwa (PDP Taraba), who
represents Donga/SSA/Takum/Special Area, spoke yesterday during the
House of Representatives Press Corps’ Hot Seat series at the National
Assembly in Abuja.
The lawmaker flayed the call of the PDP Governors’ Forum to declare the seats of the defected lawmakers vacant.
He urged the PDP governors to stop making a pronouncement that could heat up the polity but take the legal option.
According
to him, the governors should take recourse to the Judiciary on the case
of the 37 defecting lawmakers and approach the courts for a writ of
mandamus, if they felt the law was not being adhered to.
Sam-Tsokwa
said: “Let me begin by saying the court is not a father Christmas. A
court has no jurisdiction, a court has no right, a court has no power to
give what is not asked for.
“Now, as to the next course of
action, the constitution is very clear: that power (to declare seat of
any member vacant) is vested in the Senate President or the Speaker of
the House of Representatives. No other person in Nigeria has that power,
not even the court.
“If I am aggrieved that the Senate President
has not done what he should or the Speaker has not done what he should
have done, the only way we can involve a court is to go to the court and
ask for an order of mandamus to compel him to do what the law requires
him to do.”
The lawmaker accused most northern governors of sponsoring acts of terrorism.
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