Senate President Bukola Saraki, will be holding a World press conference tomorrow August 8th by noon.
Though the reason for the press conference was not disclosed, however the Senate President’s aide, Bamikole Omisore confirmed the new development.
Human Right lawyer, Mr. Femi Falana, SAN, had cautioned the All Progressives Congress, APC, to desist from further impeachment plan if they have any against the Senate President, Dr. Bukola Saraki, saying that Saraki can only be removed if two third majority of the house support the impeachment.
“The planned removal of the Senate President, Dr. Bukola Saraki by the APC should be stopped as it cannot stand”, part of his statement read. He disclosed this to newsmen in a statement on Sunday.
This came after Adams Oshiomhole, the national chairman of the party asked Saraki to return the crown. However, after due perusal of Oshiomhole’s statement intandem with the constitution of the federal republic of Nigeria that explains ‘how’ a senate president can be removed, Falana on Sunday cautioned APC to abstain from further impeachment plan.
According to him, by virtue of sections 39 and 40 of the Constitution which guarantee the fundamental rights of expression, conscience and opinions as well as freedom of association every citizens is entitled to hold political opinions and belong to political associations and change such opinions and association at any time. But such freedom is circumscribed in the case of elected legislators.
Although cross carpeting by legislators was common in the first republic, it was prohibited by the 1999 Constitution. Thus, in Abegunde v Ondo State House of Assembly (2014) LPELR 23683 the appellant, a member of the House of Representatives had decamped from the Labour Party to Action Congress of Nigeria. In justifying his defection the appellant claimed that the Labour Party in Ondo State was factionalized.
Relying on the case of Atiku Abubakar v Attorney General of the Federation (2007) 4 SC (part ii) 62 the supreme court held that it is only a division, factionalisation or fragmentation that can make it impossible or impracticable for a party to function that can justify the defection of a legislator from one party to another. Otherwise the defector automatically loses his seat.