Tension rises in Senate

Senate President, David Mark

News By Punch

The Senate for the second time in two days held an executive session  on Wednesday because of  the fear that an open deliberation  on the defection bid of the 11 Peoples Democratic Party senators to the All Progressives Congress could generate tension.

But tension still played out as the aggrieved senators and their APC counterparts  left   angrily immediately the session which lasted about two hours ended. The action of the  senators , who were led by Senator Magnus Abe,  was considered ‘strange,’ going by the fact that the Senate President, David Mark,  was usually allowed to  leave the chamber  before  other lawmakers. A meeting between  Mark and  the aggrieved senators on Tuesday night over the issue had ended inconclusively.

Our correspondent learnt that the  intention of the aggrieved  senators    was to brief  journalists about what transpired  during the executive session. A source at the  session told The  PUNCH that  Abe and  the others  were disappointed when Mark directed the Senate spokesperson, Enyinnaya  Abaribe, to  brief the  media on the outcome of the meeting. Abaribe told  journalists   that the meeting resolved that  Mark should  seek legal advice before he could act on the letter of defection written by the 11 senators.

He explained that  there were serious legal and constitutional issues surrounding the defection of the aggrieved lawmakers which  needed  the  opinion of legal experts. Abaribe said, “I can confirm to you that on the matter of those who want to defect that the issue was also discussed during the closed session and it was also resolved that the Senate, the Senate president in particular, would have to seek further legal advice.

“There were serious legal issues that were thrown up during the discussion and the legal issues relate to both the interpretation of the  1999 Constitution and the interpretation of our rules within the Senate.”

The Senate spokesman said  more time was given for further consultations. He said, “It was also resolved that when the Senate resumes plenary on Tuesday,  the issue of defection  would also  be looked into. “What happens about the question of the constitution and rules is that they are subject to the interpretation by whoever is interpreting them. “One thing  is clear under Rule 25 of the Senate, only the Senate president has the power and the authority to interpret anything.

“Therefore, what we did in the discussion is for the Senate president to obtain the views of  various senators and various people and he decided that it would now be necessary for him to also seek further legal advice. “I think it is in the best interest of the country for decisions that are going to be taken to be taken with due cognisance of the law. We are lawmakers; we are not lawbreakers.” Asked why   defections in the past  were not subjected to legal or constitutional interpretations, Abaribe said those affected in the past did not go to court.

He said, “In the past, senators defected but they  did  not  take  the presiding officer to court. The senators who are defecting had first gone to court against the presiding officer. “And of course, if you go to court that means that we have to suspend what we are doing pending the resolution of the matter in court. “So, it was in the attempt for us to seek a political solution to this matter that we had these fruitful discussions.” Abaribe  also said  that both the Senate president and the defecting senators agreed  that further consultations be made.

He said that  further discussions on the issue had been reserved till Tuesday next week.

Abaribe  said, “A lawmaker cannot be a lawbreaker. You cannot go to court and not want to wait to get the ruling of that court. Every Nigerian should know that.” On why the aggrieved senators and members of the opposition stormed out of the session, Abaribe said, “They are merely exercising their freedom of expression and freedom to meet with each other.” But he appeared to have contradicted himself when he added that what journalists saw was just senators exchanging   banter after the session.

He said, “There is a tradition that we shake hands when we are leaving. Whatever noise you hear at the end of the session is merely senators greeting each other and catching up with past gists pending when we go to our various committee rooms for the consideration of the 2014 budget. “So, what you saw was chairmen calling their members to come for  meetings.” But  the Senate Minority Leader, Senator George Akume, disagreed with  him on  what was discussed during the session.

Akume  claimed that what was agreed  upon was that a political  and not legal  solution  to the   defection of the 11 senators  should be sought ahead of next Tuesday’s plenary.

He said, “It is open knowledge that 11 senators from the PDP have indicated their interest to defect from the party to the APC.

“They are adequately covered by some provisions of the constitution and of course, the issue of defection is not new. It  has happened before in the two chambers of the National Assembly and when we met today (Wednesday)  to deliberate on this particular issue, we said okay, Senate President look at a political solution. Nobody talked about legal opinion on this matter.

“We are going to reconvene  on Tuesday to continue on this issue and I want to believe strongly that by Tuesday, this matter will be laid to rest in the interest of the country and for sanctity and integrity of the Senate.”