A lawmaker representing Okpe/Sapele/Uvwie constituency in the House of Representatives, under the Labour Party (LP), Hon. Benedict Etanabene, has urged members who recently decamped to the ruling All Progressives Congress (APC) to respect the constitution they swore to uphold by vacating their seats in accordance with the provisions of the law.
Speaking on a number of issues bordering on the future of the Labour Party, national politics and governance among others during a media parley in Warri, yesterday, the lawmaker described the continued occupation of seats by Senators and Representatives who had decamped to other parties as gross violations of the constitution they swore to uphold.
While noting that the constitution was very clear on the issue of decamping to other political parties, as there were specific conditions and laid down rules that must be followed before any lawmaker can be excused, he however lamented that his colleagues fragrantly violated those provisions for their selfish interest to return to their seats at all cost.
According to him: “Although, the constitution provides for freedom of Association, it defines the processes it must take if one is elected, through the provisions of the electoral Act. While no clear demand is made for anyone elected into any Executive position, it forbids same, where such is a legislator.
“The provisions of the electrical act made it compulsory for any legislator who decamps, to vacant the office he or she is elected to occupy unless where the party that he or she represent have crisis as to not been able to operate in its registered head office, and where there is no legally recognized officers or leadership of such Political Party”.
He added: “In the absence of these conditions the decampee legislator shall’ vacate the seat. It does not require any court pronouncement or the speaker’s action of declaring vacant such seat. It is automatically activated”
“The recent cross-carpeting of politicians from one Party to the other, has reduced the standard of credibility expected of such highly placed individuals in the society. It is morally and lawfully not good. Our democracy is in decline”.
On separation of powers he argued: “In Nigeria, once any person is elected as President, such person immediately begins the process to annex the functions and powers of other organs of Government. They desire to collapse all organs of government into one executive controlled Institution”.
“I do not believe that presidents in Nigeria know the full benefit of separation of power. A practical separation of power brings growth to the nation”.
“Therefore, a usurpation of the functions of the other organs of government, retards development and growth”, he stated.
“As blacks, we are certainly not psychological or mentally prepared for this kind of capitalist form of democracy. High time, we begin to design the kind of democracy that will work for our peculiarities”.
Speaking further, Etanabene noted that the legislature happens to be one of the organs of government under the separation of power theory but that today in Nigeria, we cannot proud ourselves to be practicing an independent legislative arm of government.
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The President is in charge of the National Assembly, while the Governors are similarly controlling the various state Houses of Assembly. So, where is the separation of power, which is the recipe for growth in any nation?
“Every President and Governor wants to have the speaker and leadership of their choice. No wonder, Nigerians would without hesitations at any given time, address the Assembles as Rubber Stamp. This is not good for democracy.
“Even where there are opposition parties, these leaders are still interested in coercing the opposition parties to field cooperating minority leaders.
“This is a serious problem in Nigeria, certainly no separation of powers in governance.”