Tuesday, September 7, 2010

It’s illegal, say lawyers

Lawyers yesterday reacted to the purported impeachment of the Ogun State House of Assembly Speaker, Tunji Egbetokun, and the subsequent approval of the controversial N100 billion bond.

They said the nine lawmakers did not represent two-thirds of the members of the House required by the Constitution to impeach a Speaker. Therefore, whatever action or decision they took was would be null and void.

Those who spoke included former President of the Nigerian Bar Association (NBA) Mr Oluwarotimi Akeredolu (SAN); Chief Adeniyi Akintola (SAN); Chief Chris Ngige (SAN) and Lagos lawyer Mr Bamidele Aturu.

Akeredolu said the lawmakers’ action amounted to an illegality, and whatever decision the nine members took would not stand.

He urged the "impeached" Speaker to ignore the members’ action and to convene a proper sitting of the House.

"That is absolute illegality. Whatever decision they take cannot stand. Their decisions or whatever approval they give cannot be recognised. The Speaker should ignore the development and convene a proper sitting of the House. Whatever decision this group could have taken, in my view, will remain an illegality," Akeredolu said.

Akintola, when told about the lawmakers’ actions, burst into laughter. He described their action as "the height of absurdity".

He said: "My brother, you should have kept me out of this because I don’t even know what to say. It is not just an illegality, it’s an absurdity. I can only describe it as the height of absurdity. They will sort it out in court."

Ngige said what was happening in Ogun was the law of Karma at work against former President Olusegun Obasanjo who hails from the state.

According to him, Obasanjo sowed and nurtured the seed of crisis in Anambra State when he was in power. Now, the same scenario is playing out in his home state.

"Obasanjo sowed the seed of violence in Anambra. Now he is reaping the same reward in his state. Our people say that a child who does not allow his parents to sleep will not sleep.

"Obasanjo is supposed to be a father to his people, but nobody is listening to him because he has no respect among his people. That is the nemesis that I am talking about."

Ngige added that whatever resolutions made by a group of lawmakers who do not form a sufficient majority would be null and void.

Aturu said if it was true that only nine of the 26 members of the House impeached the Speaker, then it violated Section 92(2)(c) of the 1999 Constitution, which provides that a Speaker can only be removed by a resolution passed by not less than two-third of the members of the House.

"This refers to two-thirds of the whole members of the House, not of a faction. If it is true that only nine members impeached the Speaker, then it cannot stand in court, if the Speaker takes up the matter.

"I can only describe the nine lawmakers’ action as legislative brigandage, and it’s time we put an end to such acts. I condemn it unreservedly. It is a very shameful act," Aturu said.

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