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The House of Representatives has introduced a bill seeking to compel a sitting president, vice president, governors and their deputies to face the penalty of losing their seats if they defect from the political parties upon which they contested and won elections without following prescribed procedures.
Besides,another bill seeks to abolish the practice of organizing a bye election into vacant positions left open either as a result of death of the occupant or resignation.
A bill to remove subsection (5) of section 315 the constitution on the ground that it has outlived its usefulness in the face of the national security agencies Act was also read for the first time.
The bills are being sponsored by Hon. Rimamnde Kwewum Shawulu, (PDP, Taraba), saying that “the amendment proposed here is to delete and/or completely expunge the provision of subsection (5) of section 315 CFRN as same has outlived its usefulness and serves no better purpose in relation to present day realties.”
On penalties for defecting office holders, the proposed bill seeks to amend Section 144(1) as well as section 189(1) Of the Constitution of the Federal Republic Of Nigeria, 1999 to check incidents of defections.
The bill said cross-carpeting, or abandoning the political party that sponsored a President, Vice President, Governor or Deputy Governor (as the case may be) for another political party, in the absence of a merger of political parties; division or factions within the sponsoring political party/shall be penalized by forfeiture of such a position by the defecting officer.
“There is no doubting the fact that all through history political parties have remained the strongest pillars of democracy. The provide choices for people by professing and working through some Governing philosophies, and help to educate people on different patterns of developments being proposed by the different political parties.
“Often regarded by political parties which sponsored them as leaders, Presidents, Governors cannot abandon their political parties and retain the seat that they were hard earned by the sponsoring political parties.
“The people vote for parties and that is why party symbols are used on ballot parties. Winners of elections by this logic are simply agents of the political parties
It is important therefore that once an elected person, the President, Vice President, Governor or Deputy President abandons the position to which he was elected”, the sponsor said in an explanatory note.
On bye elections, the bill seeks to amend Section 68(1) of the Constitution of the Federal Republic Of Nigeria, 1999, Cap C23, Laws of the Federation of Nigeria, 2004
“This bill seeks amend Sections 68(1) of the Constitution of the Federal Republic of Nigeria, Cap. C23, Laws of the Federation of Nigeria 2004 by making the Independent National Electoral Commission (INEC) to accept nominations by political parties, rather than conduct bye elections, in order to replace or fill vacancies caused by the death of a member of the Senate or of the House of representatives, or of members of State House of Assembly ( under the corresponding section 109(1) CRFN, 1999.
“The underlying idea here is borne out of the fact that under the current practice, where and whenever a vacancy occurs as a result of the death of a member of a senate or of the House of Representatives (as well as for a member of the House of assembly of a State), the Independent National electoral Commission (INEC) would normally conduct a bye election to fill such vacancy.
“Under this amendment political parties are permitted to first, make fresh nominations to INEC to replace such vacancies, before going ahead to conduct a bye election. It is only when political parties are unable, to utilise their internal party mechanism and made nominations to INEC that INEC is expected to conduct a bye election as contemplated under Section 68(1}) CFRN, 1999.
“In the USA and other climes Governors appoint persons to replace congress members who die or resign from office in 36 states; in 14 other States elections are held. However in 10 of those States, the Governor appoints an interim member to act in that position till election is held.
“In Nigeria no one can contest election outside the sponsorship of a political party. In the case of death, the party which sponsored the member should be allowed to replace their members. This will strengthen the party system and stabilise the legislature as well reduce the cost of democracy,” Hon. Shawulu said.
On section 315, the lawmaker is proposing amendment that suggests that the National Security Agencies Act (1986) has uttered its usefulness and cannot handle current security threat in the country.
“The Act requires amendments, additions and deletions. However, amendment can only be done in the manner the constitution is amended namely, two thirds majority of each chamber of the National assembly or/and two thirds of the 36 State House of Assembly.
“This shortcut is likely to run contrary to section 3, 4, 5 and 6 of the Act, which can only be amended in the manner the constitution is to be amended for instance section 6 gives the president’s power relating to structure and the manner in which each agency is to be administered; the manner in which powers of each agency is to be exercised on specified officers of the agencies, of the powers of a superior office.
“The safest and most proper course of action is to remove the Act from the constitution. Similar laws in most countries have gone through several reviews in the last ten years to meet with emerging realities”, the sponsor said.
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