The 1999 Constitution of the Federal Republic of Nigeria provides that there shall be a speaker and a deputy speaker of a House of Assembly who shall be elected by members of the House from among themselves. The constitution is the organic law of the land. But contrary to section 92(1) of the 1999 Constitution, two speakers have emerged at the Bauchi State House of Assembly. The speakers were elected by two opposing factions in the legislative chamber. Our correspondent, KEHINDE OSASONA, seeks opinions of legal practitioners on the brewing constitutional crisis in the state.
Election conducted outside the chamber not valid – Abdulazeez Bello Pyawu
The constitution is clear on this. First and foremost, whenever an election is to be conducted in the house of assembly, or the national assembly as the case may be, there must be quorum of the house.
Once an election of a speaker was not done in line with that, it is as good as there is no election in the house.
Again, looking at the election that was conducted outside, the law never said that election of speakers or senate president of any house should be conducted outside the chamber of such house. It should be conducted in the chamber.
Consequently, going by the law, the election conducted outside the chamber of the house by the 20 lawmakers is not valid. There is nothing like election of the house speaker or the senate president outside the chamber. Is outside the chamber the chamber? No, it is not.
Elections conducted in the chamber can only be valid if there was quorum when the election was conducted.
So, before we can say that the election that was conducted in the chamber is valid, we have to talk about the quorum. If there is, then it goes without saying that the speaker who was so elected at that election is the authentic speaker.
Warring factions should challenge it in court if …Bunmi Aimola
As far as the speakership tussle in Bauchi State is concerned, it would be presumed that the speaker that was elected within the chamber should be regarded as the authentic speaker bearing in mind that quorum was formed and the speaker was duly elected by the members as constituted.
So, the issue of quorum was not in dispute as it were. It would have been a different thing if they could not form the quorum to elect the speaker.
Don’t also forget that the clerk and sergeant-at arm must witness what transpires and then the maze which is recognised as the symbol of authority within the house placed before the house members before an election can be said to be valid.
For the other members who decided to elect their own speaker outside the chamber of the Bauchi State Assembly, they have a whole lot of hurdles to cross and issues to resolve before their own speaker is recognised.
Nevertheless, it would be ideal for the warring parties to go to court and challenge the election if they feel they have the legitimate ground to so do.
There is no speaker in Bauchi State – Wilfred Okoli
From my own point of view, there is no Speaker in Bauchi House of Assembly at present. I say this because they have failed to do the right thing.
The first election by the 11 members that was carried out in the middle of the night by 12 am or thereabout, no one could envisage that a proper election could take place at such time.
The one that was done by 20 members outside the confines of the law at the same time is not an election because the proper thing has not been done.
My take is this: Let all members gather in their chamber at the appropriate time when the house re-convened to choose their leaders. The world is watching us.
References should be made to decided cases by Supreme Court – John Paul
Well, as far as the issue of Bauchi is concerned, the authentic speaker as a matter of law can only be ascertained when we have references to the decided cases by the apex court in the land, the Supreme Court.
The case of former Governor Rashidi Ladoja of Oyo State, explicitly dealt with the issue of speakership, particularly election of speakers.
So, if a speaker is elected by a number not recognised by law or a number less than the number recognised by the law, then it becomes a nullity. As far as I am concerned, in term of numbers, the issue has been settled by the Supreme Court.
Nonetheless, everybody elected under the platform of a political party as house member is entitled to be sworn in. So, those members –elect that were not sworn-in is also an illegality of the highest order.
Speaker-elect by 13 members is the authentic House leader – Barr. Joshua Daruwana
The issue that the law or legal minds would like to consider here is the circumstances that led to that 20 members going outside the chamber to conduct election when there was no report of the house being in crisis or not being conducive.
Ordinarily, the business of the house is supposed to be conducted in the chamber where their professional business is being allowed. So, the sole reason behind the exercise of such proceedings outside the chamber is what the law is going to look at.
If there is no such convincing reason for them to have held that proceeding outside the chamber, that election would be a nullity. Again, it becomes a taboo that amounts to nullity to do business outside the house.
The 13 members that elected the other speaker in the assembly will produce the substantive speaker of the house of assembly.
The 13 house members meet the requirements – Itodo Joseph
The law is very clear on the issue of electing speakers in the house of assembly. First and foremost, there must have been a proclamation issued by the state governor after which lawmakers can now elect their leaders.
However, anything that is done where the requirement is not met, it is nullity because it would amount to placing something on nothing.
The requirement is that a quorum must be formed, and it is only logical that exercise that will follow takes place in the chamber not outside it because there must be a venue, time and other protocols that should be observed during the exercise.
By so doing, the requirement has been met and any one elected under such circumstance is the authentic and substantive speaker of the house.
Elections outside chamber, without mace is invalid- Barr. Mustapha Agbarere
Well, on the Bauchi crisis; you know the mace is the official authority in any legislative sitting. If the mace is not on the table, then whatever proceedings would be invalid.
The people who have the mace with them during the speakership election are the people who have the day. It is very simple. When you sit and you have a quorum, I mean two-third of 33 members of the house, which is very important here, and the two-third are in that sitting where the speaker emerged with the mace present, then they have their day.
Then, even if the other members have their mace but could not conduct their election in the chamber, then they can have their day.
Nevertheless, they can go to the court of law to go and file an originating summons to determine who the speaker is.
Election conducted in the chamber is constitutional -Chukwuemeka Ogalagu Esq.
One of the salient issues about the matter at hand is that there must be a duly convened house assembly. It is when in the first place the house of assembly is duly convened that you can talk about quorum.
The place where lawmakers election is supposed to take place is the chamber where business of every assembly takes place. There have been instances in the past when members carried out impeachments of principal members in hotels.
Meanwhile, the court has consistently held that they cannot do that. House must convene for any decision to be taken. So, anybody who has gone to any place other than the chamber to do a kangaroo election knows that he has run foul of the law.
No one can act outside the house rules but… – Samuel Oguntuyi
My take on the speakership tussle and factional crisis in Bauchi State House of Assembly is that parliamentary proceedings are governed by rules and procedures and no one can act outside the rule or scope guiding the house vis a viz constitutional rules.
Although, matter of such nature is usually subjudice but time and interpretation of the necessary statute will reveal the true position of the law.
So, it may not be just to attribute rightness or wrongness to a particular faction at the moment.