SENATORS, especially those who decamped from the ruling Peoples Democratic Party (PDP) to the All Progressive Congress (APC), have reacted sharply to a statement credited to Senator Ita Enang on the possibility of the defecting lawmakers losing their seats.
Enang, who is the Chairman, Committee on Rules and Business, had said on Thursday that any Senator who defects from the political party on whose platform he was elected to the Senate to another party, should automatically lose his seat.
He had said during a media chat that the view he expressed, even though constitutional, was personal to him.
He added that the mere fact that similar cases of defection in were ignored does not validate the action and as such, any concerned Nigerian can challenge such action with a view to addressing it.
Enang referred his colleagues to Section 68 (1)(g) of the Constitution of the Federal Republic of Nigeria (as amended), which stipulates that “a member of the Senate or of the House of Representatives shall vacate his seat in the House of which he is a member if being a person whose election to the House was sponsored by a political party, he becomes a member of another political party before the expiration of the period for which that House was elected”.
He said the provision would be binding on the defectors provided that their membership of the latter political party is not as a result of a division in the political party of which they were previously members, or of a merger of two or more political parties or factions by one of which they were previously sponsored.
According to him, the provisions of the section of the Constitution are explicit in matters which concern the legislature.
He said: “It (constitution) clearly mandates that any member of the legislature who intends to defect to another party, must prove that division exists in the party of which he was a member, or that his party has merged with two or more parties or factions.
“Unfortunately”, he said, “there was no division in PDP as ruled by a competent jurisdiction.”
But Enang’s position did not go down well with his colleagues, who have warned him to apply caution on issues affecting the Senate, as according to them, he is incapable of addressing such matter.
Victor Lar, Plateau South, said: “I want to state categorically that the issue of declaring any Senator’s seat vacant should be left to the courts and not a matter that should be at the discretion of any Senator.
“This is a time when caution and healing of those aggrieved within the PDP is required”.
Also reacting yesterday in Abuja, Olusola Adeyeye, Ekiti State, said: “We have watched and read with keen interest, some pronouncements on the proposed defection of some members from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC) emanating from the Chairman of the Senate Committee on Rules and Business, Senator Ita Enang.
“Senator Ita Enang would do well not to arrogate powers, which he does not have, to himself.
“On this matter, Enang is speaking for himself. He does not even have the mandate to speak for the entire Senate on this matter. We want to make it clear that Senators would make their opinions known when they resume from the Yuletide break next week”.
He continued: “We also want to make it abundantly clear that nobody can detract or subtract from the constitutional rights of Nigerians to freedom of association and the National Assembly is the institution designed by the Constitution, not only to encourage, but also to enforce the rights of Nigerians.
“The National Assembly should be the foundation of freedom in this country. It is supposed to guarantee the freedom of Nigerians...subject, of course, to the rights of the constituents of lawmaker if he’s not following the dictates of his people.
“We warn those attempting to blackmail lawmakers that that tactic will backfire. Legislators should be free to stand by their conscience without any threat of blackmail. The laws of the land are clear on movement from one party to another and nobody should assume a position of authority he does not hold.
“Enang has been in the National Assembly since 1999 and he didn’t voice any opinion then when members defected from other parties to the PDP. Isn’t it curious that he has now found his voice when the reverse is the case?
“At a time like this when Nigeria needs statesmen, Senator Ita Enang should know by now that blackmail and threats of declaring seats vacant will not work in an atmosphere where members want to assert their rights by moving from the PDP to another party”.
In the same vain, Senate spokesman, Senator Enyinnaya Abaribe, said the report credited to Enang is wholly his personal opinion to which he is entitled. He said it has nothing to do with the Senate as a chamber of the National Assembly.
The statement, he added, also has nothing to do with the President of the Senate, who had in a statement assured that the leadership of the PDP would work to keep the party intact and prevent further crisis in the party.
Abaribe further explained that in the first place, there is no acrimony in the Senate irrespective of political party affiliations.
The senate is still on vacation. It will resume on January 14 and only after it’s deliberations would any statement on urgent matters of state be issued.
“It is therefore preposterous to attribute the personal opinion of a Senator to represent the resolution of the Senate and its highly respected leadership as exemplified by Senate President Mark.
“Senate position as statutory is always relayed by its spokesman. In which case it becomes safe to say that senate has spoken”, he said.
Abaribe also informed that the Senate is at peace and shows no indication that senators are working at cross-purposes with each other.
He noted: “It is one whole family of patriotic Nigerians who first and foremost defer to issues that are of national interest.
“The Senate as presently constituted, is peopled by very distinguished Nigerians who see the institution for what it is; a hallowed chamber whose decisions and resolutions are shaped by honour and love for country”.
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