On Impeachment Of Saraki And Ekweremadu – By Barr. Ikenga Imo Ugochinyere

On Impeachment Of Saraki And Ekweremadu – By Barr. Ikenga Imo Ugochinyere

On Impeachment Of Saraki And Ekweremadu – By Barr. Ikenga Imo Ugochinyere

Read the two court judgements that have laid to rest the controversy surrounding how Saraki and Ekweremadu can be impeached.

CASE ONE

Asogwa v Chukwu

(2003) 17 WRN 71

 

The Court of appeal ruled that section 92(2) which deals with impeachment of Speaker of a State House of  Assembly which is the equivalent Section of Section 50(2) at the National level for impeachment of Senate President  is 2/3 of the entire House and not 2/3 of members sitting after quorum have been formed.

This completely nullifies the gutter arguments by some lawyers, APC Nwc members and lawmakers in the Senate who are canvassing that what is required to impeach the Senate President is 2/3 of 37 Senators who forms quorum which is 24 Senators.

 

The landmark ruling of the Appeal Court was

Clear that 2/3 majority required by section 90 subsection 2 for impeachment of speaker of a State House of  Assembly is the 2/3 of all Members of the State House of Assembly and not 2/3 of Members sitting after quorum have been formed.Note section 90 sub 2 for impeachment of Speaker of a State House of  Assembly is the equivalent of section 50 sub 2 for impeachment of Senate President.

 

CASE TWO

 

National Assembly V President (2003) 9 NWLR (Part 824) 104 at 132.

 

In this case the House of Reps and Senate in 2002 overrided  President Obasanjo’s veto using the arguments that it was 2/3 of the members present after quorum have been formed. Reps had about 203 Members  while Senate had  50 Senators who overrided Obasanjo’s Veto in 2002.

 

The Court of Appeal in deciding the matter in year 2003 ruled that the constitutional provision of 2/3 cannot be Misinterpreted to mean 2/3 of members present after quorum have been formed.

 

The Appeal Court in the  landmark judgement delivered by Justice Oguntade JCA( as he then was) declared that two-thirds majority of each House means two-thirds of the membership of the Senate(109) and House of Representatives(360) which is 73 Senators and 240 Reps members  and nothing else.

 

Note, the courts have by these two judgements above and more laid to rest the issue of interpretation of the kind of 2/3 required to Impeach a Speaker/Senate President, Override the President Veto and Remove the Chairman of the code of conduct tribunal which is 2/3 of the entire composition of the relevant House and not 2/3 of members present after quorum have been formed.

 

Please pass this across to the noise maker called  Adam’s Oshimole, his boys in the Senate and their paymasters.

NIGERIA IS NOT NKURUZIZA’S BURUNDI OR PAUL BIYA’S CAMEROON.

 

Contact me for more details.

 

Barr.Ikenga Imo Ugochinyere Action Peoples Party APP Chairman and CUPP 1st National Spokesperson.

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