President of the Nigerian Senate, David Mark has drawn the ire of some of his colleagues for his adamant refusal to allow them defect to the All Progressives Congress or the Peoples Democratic Party.
Senator Bukola Saraki, (Kwara Central) aimed to rely upon Order 14 of the Senate Standing Rule, and asked the Senate President to read the letter he and 1- other defectors wrote on January 20th, formally announcing their new party affiliation.
However Senator Mark declined his request saying that the matter was still before a court of law.
Mark referred him to Order 53(5) which reads: “Reference shall not be made to any matter on which a judicial decision is pending, in such a way as might in the opinion of the President of the Senate prejudice the interest of the parties thereto.”
He further told Saraki: “It cannot be a matter of privilege to you because the matter is in court and no mention should be made of it. Therefore, I rule you out of order.”
It was then, Senate Minority Leader, George Akume, raised a point of order under section 14 of the Senate Standing Orders.
He said, “This is a legislative house and our privileges are guaranteed. This Senate should not rule the issue raised by Saraki out of order. This matter has dragged on for a very long time and we cannot stop people from associating with whoever they like.”
Mark then ruled Akume out of order.
A displeased Akume retorted, “As the Minority Leader, our rights are being breached because the affected senators are moving over to our party. They have the right to move. You are the presiding officer, we have raised a fundamental issue.
“The court order is not being properly interpreted. We have discussed this issue in closed session. Saraki has said the matter pending in court has nothing to do with the issue of defection, so why are they being prevented from moving?”
Mark rebuffed him again, saying, “Senator Akume, this matter is in court and I shall make no further comments on it because I would not want to go contrary to our standing orders. On the same issue, the affected senators took me to court and you are pleading privilege, asking me to rule on it.”
At this point, Senator Magnus Abe and a few others formally announced their defection to the APC.
Senator Ehigie Uzamere (APC, Edo Central) who tried to announce his defection to the PDP was not given the opportunity to speak.
Chairman, Senate Committee on Information, Media and Public Affairs, Senator Eyinnaya Abaribe, said none of the 11 Senators had defected as far as the Senate was concerned.
He said, “We resolved within the Senate to maintain the dignity of the upper chamber. In that wise, everything was done today openly and without rancour.
“We have to give kudos to the Senate and its president for handling the matter in a manner that Nigerians are very proud of.”
He said, “Our rules are very clear, when a matter is in court, we cannot discuss it. The hands of the Senate President are tied, he cannot do otherwise and if he does otherwise, it would be contemptuous of court.
“Therefore, while not saying that the matter has been laid to rest, we can say sufficiently that the matter has now been handled in such a way that all sides are aware of their rights and things are going on smoothly in the Senate.
“As far as the Senate is concerned, there has been no movement yet. It is the legal opinion sought by the Senate leadership that played itself out on the floor of the Senate today (Tuesday).”
Abe said, “There is a problem in the Senate and we believe that Senator Mark has over the years, proved himself as an astute statesman, democrat and politician. We still believe that our defection is a problem that has a political solution.
“What we need to do as senators under our leadership is to look for a solution that will satisfy the desires of individual and the citizens of this great country.”