APC lacks the number and unity to remove Saraki – Shehu Sani

APC lacks the number and unity to remove Saraki – Shehu Sani

The senator representing Kaduna Central, Shehu Sani revealed the plot to remove the Senate President Bukola Saraki got to a halt due to constitutional impediment.

Sani said this while speaking with newsmen in Abuja on Sunday where he said the All Progressives Congress (APC) needs 2/3 of all members to achieve that while adding the ruling party is not as united as the opposition party.

“It is technically impossible to remove Saraki because the APC does not have a two-thirds majority in the National Assembly.

“Secondly, Saraki has been able to carry everybody along and provide a leadership to the extent that he is able to accommodate those who are critical of him.

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“Thirdly, the opposition is more united and more formidable in their resolve to keep the Senate President than the ruling party in their plot to remove the Senate President.

“So, I can tell you that removing Saraki through constitutional means is very much impossible because the APC is not united to do that.

“The APC is not having the number to do that and the APC does not have the kind of support it needed to be able to carry out the plot.

“I can tell that APC back out from the plot to remove Saraki because they don’t have the number to do that and it is impossible to do that through constitutional means.

“The opposition is more united and more formidable in their resolve to keep the Senate president than the ruling party in their plot to remove the Senate president.

“So, I can tell you that removing Saraki through constitutional means is very much impossible because the APC is not united to do that.

“The APC is not having the number to do that and the APC does not have the kind of support it needed to be able to carry out the plot,” he said.

Although while the threat of impeachment has indeed died down following the resumption of the Senate due to political reason, the argument still rages on as to the interpretation of section 50(1) of the 1999 constitution.

Speaking with a legal expert, Pelumi Olajengbesi of Castle of Law legal chamber, he said, “By the express provision of Section 54(1) Of the 1999 Constitution of the Federal Republic of Nigeria (as amended), it provides thus:

“The quorum of the Senate or of the House of Representatives shall be one-third of all the members of the Legislative house concerned.”

The Black’ s Law Dictionary 9th Edition defines a quorum to mean the minimum number of members (usually a majority of all the members) who must be present for a deliberative assembly to legally transact business.

In the same vein, the Apex Court of our land have in the case of Saraki v. F.R.N (2016) 3 NWLR Pt. 1500 531 at 622 paras A-B posited thus “Quorum means the smallest number of people who must be at a meeting before it can begin or decisions can be taken”.

Adding, “Section 50(1) of the 1999 Constitution(as amended) provides thus with respect to an election:

“They shall be

A. A President and Deputy President of the Senate, who shall be elected by members of that House from among themselves.”

While Section (2) (c) Of the same section quoted above provides thus:

“The President or Deputy President of the Senate or the Speaker or Deputy Speaker of the House of Representatives shall vacate his office

C. If he is removed from office by a resolution of the Senate or the House of Representatives as the case maybe, by the votes of not less than two-thirds majority of the members of that House”.

Recently, a Senator, Benjamin Uwajumogu in an interview said that impeaching Saraki is not a priority for the APC, despite not agree with him staying as the Senate President.

This report was compiled by Bakare Majeed, an Abuja-based journalist

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