The House of Representatives was thrown into tumoil yesterday over moves to circumvent the judgment of the Court of Appeal against the deployment of troops for elections.
The Court of Appeal, in deciding the Ekiti election petition case, ruled that it is illegal to deploy soldiers for election duties.
The judgment validated the decision of a Sokoto High Court that the military should play no direct role during elections.
On the strength of the judgement, Minority Leader Femi Gbajabiamila last week moved a motion that the House should compel President Goodluck Jonathan to effect the judgment.
He complained about the use of soldiers in the June 21, 2014 governorship election in Ekiti State and the audio tape of discussions by Peoples Democratic Party (PDP) chiefs, directing a General on how to manipulate the election.
One of Gbajabiamila’s prayers, is that the President should be urged not to deploy soldiers for the general elections.
The motion was opposed via a counter motion by Rep. Sunday Karimi (PDP Kogi).
House Speaker Aminu Tambuwal did not allow the debate, but referred the motion to three committees – Judiciary, Justice as well as Rules and Business – to advise the House.
Yesterday, the submission of the report of the committees virtually turnned the House upside down.
A rowdy scene was created and proceedings stalled for two hours.
Deputy Speaker Emeka Ihedioha presided over the session, which polarised the members along party lines.
The lead chair of the joint committees, Albert Sam-Tsokwa, read the report which concluded that Sunday Karimi’s point of order should be sustained because the President derives the power from the Constitution to determine the operational use of the armed forces.
Sam-Tsokwa said neither Gbajabiamila nor Karimi provided details or particulars of cases each of them referred to, though they agreed that there are cases in court on the subject matter.
Quoting Section 217 of the 1999 Constitution and the Armed Forces Act, 2004 to back the report,, Sam-Tsokwa said: “The President’s power to ‘determine the operational use of the Armed Forces in Nigeria for the purpose of maintaining and securing public safety and public order’ is a constitutional mandate donated by the constitution and the Armed Forces Act.
“In a clime of constitutional supremacy, the National Assembly can not by an Act deviate from this, let alone through a resolution without running foul of Section 1 (1) and (3) of the Constitution.
“Good enough, the Act reinforces the constitutional provision in its Section 8 (1) which cannot be amended by a resolution as the motion seeks to do”.
Though the report failed to identify the cases before the court, Sam -Tsokwa said the House would run foul of its rule if it delved into it.
He, however, pointed out that a clause in this session of the parliament had resolved that the Chairman of the Independent National Electoral Commission (INEC) may request the President to deploy the military for election duties.
He said: “The House may only revert itself in this through a recision motion, which Deputy Leader Leo Ogor had unsuccessfully tried to do. The legislature cannot give with the right hand and take back with the left.
“We are persuaded and, indeed, are of the firm view that in the light of all or even any one of the foregoing, this motion by Honourable Gbajabiamila is effectively caught in the cobweb of both the constitution and the House Standing Orders and, consequently, the Chair may sustain the point of order.
“This is our humble and respectful advice to the chair.”
The Deputy Speaker ruled: “We should not politicise all matters”. He sustained Karimi’s point of order, adding that his ruling was based on the report presented by the three Committees.
As he banged the gavel, the floor erupted into a rowdy session, with members of the APC shouting “no”! while their Peoples Democratic Party (PDP) counterparts were clapping in approval.
Tempers flared immediately with groups emerging on all corners of the floor.
Members were shouting on top of their voices and pointing fingers at one another’s faces.
Those who attempted to pacify agitated APC members found it a tough job.
Proceedings stopped for two hours. The deputy speaker could not control the floor.
After a long while, Gbajabiamila was allowed to raise a point of order where he pointed out that Sam-Tsokwa and the report went out of their mandate.
He said the House should be cautious as any member who has a grouse with a motion might just claim that a case is in court and, as such, debate would be stopped without proof.
He said until it is proven that the case is in court, the matter will not die as neither Karimi nor the joint committees could provide evidence that there was a case in court over the subject matter.
He also pointed out that the House should be mindful that Sections 88 and 80 give the House the power and authority to carry out its functions.
Amidst the confusion, Deputy Leader Leo Ogor raised his own point of order immediately, saying there was a case in court and brandished a piece of paper to back his claim.
At this point, the Deputy Speaker said since tempers had calmed, his ruling would stand.
If there are misgivings about it, the leadership has a way of dealing with it, Ihedioha said.
Attempts by the Minority Whip, Samson Osagie, to raise his own point of order was refused by the Deputy Speaker who asked him to approach the Chair.
Osagie refused to approach the chair, insisting that he had a point of order to raise.
Another round of confusion followed when Osagie was approached by Majority Whip Ishaka Bawa.
Bawa was led away when it became clear that his intervention might degenerate into a brawl.
Three Sergeant-at-Arms were standing by to intervene.
The Deputy Speaker then took over proceeding, saying: “After a second round of democratic exercise, tempers should be down now. This is not peculiar to our parliament alone, but it is important we move forward. I’ve ruled and if there is any follow up, the leadership knows how to go about it.” He then called the next business of the day.
Gbajabiamila, Osagie and some APC members stepped out of the chamber to address the media.
