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There are stories that the leadership of the 8th Senate would face severe persecutions in the coming days. The Senate President, Bukola Saraki whose recent defection to the People’s Democratic Party (PDP), has left unimaginable holes in the heart of the ruling All Progressive Congress (APC). But how easy can it be for the impending senate’s president impeachment Plot to sail through? Let us quickly examine the current composition of the 8th Senate. Although these figures are as it is right now, many things can still happen that can alter this arithmetic when the Senate returns from their recess.
APC Membership: 53
PDP Membership: 50
APGA membership: 1
ADC Membership: 2
Vacant Seat: 2
Suspension: 1
The constitution is clear on how any leadership of the National Assembly can be removed or impeached. There are as well, precedent cases that can guide in this matter rather than go with sentiments or common sense. In the case of 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 decided case completely negates the 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.
Also, the decision of the Court of Appeal in a case between the National Assembly versus the President of the Federal Republic of Nigeria (2003), which interpreted that two-thirds majority “simply means two-thirds of the entire two chambers-the Senate and House of Representatives.” In its ordinary meaning, the court held that two-thirds majority of each chamber “can only mean two-thirds of the membership of each chamber of the Senate and the House of Representatives. It cannot mean any other thing else.
With the current composition, a legal impeachment would be almost impossibble, except if some PDP Senators would be aligning forces with the APC senators in the Senate to achieve this objective. Although the Senate President has not violated any law by defecting, the issue however is the uneasiness it would be for the Presidency and the APC if Saraki continues to hold the position as the President of the 8th Senate.
But the law is very clear about the leadership of the National Assembly. Members of the senate and the house of representatives can choose from among themselves their own president of the senate or speaker without leaning to any political party.
So whatever the APC led administration would be doing to achieve this impeachment plot in the coming days should better be highly democratic and not to further heat up the already heated polity. President Muhammadu Buhari swore to abide by the rule of law, and this he must stand by in his dealings with the National Assembly henceforth.