Jibrin’s Suspension Is Unconstitutional – Femi Gbajabiamila

Majority leader of the House of Reps, Femi Gbajabiamila, has kicked against the suspension of former chairman of the House committee on Appropriations, Abdulmumin Jibrin for one year, describing it as unconstitutional.

The House had on 28th September, suspended Jibrin for failing to appear before the committee on Ethics and Privileges over the allegations of Budget padding he leveled on Speaker Yakubu Dogara and 13 other lawmakers.

In an interview with Thisday, Gbajabiamila questioned the legality of suspending a lawmaker who represents a constituency from the House.

He said, “My concern on the suspension is the same that I always had, even when Dino Melaye and others, were suspended in the 6th Assembly.

“Now what is this concern? I find it difficult as a Constitutional Lawyer, to accept that our rules can actually pass constitutional muster, if put to test. If you suspend a member for a year, you are effectively suspending his constituency and the people he represents, from participation in participatory democracy. This, in my own personal opinion, violates the constitution which delineates the country into Federal Constituencies for effective representation, at the centre. For every constituency, it is a right to be represented in the national assembly, not a privilege that can be taken away.

“The constitution says clearly that, all Federal Constituencies must be represented for 4 years, and lists, I believe, only 1 or 2 circumstances under which such a constituency can be unrepresented. e.g. by process of recall etc. Even at that, the vacancy is to be filled immediately.

“Our constitution does not envisage a situation where a Federal Constituency is unrepresented or underrepresented. If, for instance, an issue comes up in a member’s constituency, that requires federal attention or legislative address, who do they go to? We cannot take away a mandate, given by the people or short change a constituency.

“In law, the seat of a representative is held in trust for the constituency. It is an in rem matter, not a personal matter. This is why when a member gets up to speak, he goes through the formality of announcing his name and the constituency he represents.

“In fact, in other democracies and Legislatures, when a Speaker wants to recognise a Representative to speak, he addresses him or her not even by name, but as for instance, “the gentleman from so so constituency”. That is the pre-eminence given to a constituency in a democratic setting.

“So it is not about Honourable Jibrin, it is about Bebeji Constituency. I do not stand in the gap for Jibrin, or is this in any way a defence on his behalf. You may not know this, but Jibrin and I stopped relating as friends and colleagues, since March or thereabout.

“However, I am not one to shy away from the truth and the rule of law. I believe that there are other ways that would be constitutional, if the House wants to discipline any member.

“On whether this was contempt of court, I believe that you are speaking about the Federal High Court decision in the Melaye case, when the Court said that the House lacked the powers to suspend the members. I do not remember the basis upon which the Court made its decision, but I will definitely look at it again. I suspect it was on the basis of fair hearing, as provided in the Constitution.” he said

I’m Not An Ally Of Jibrin, But His Suspension Is Unconstitutional – Femi Gbajabiamila

Majority leader of the House of Reps, Femi Gbajabiamila, has kicked against the suspension of former chairman of the House committee on Appropriations, Abdulmumin Jibrin for one year, describing it as unconstitutional.

The House had on 28th September, suspended Jibrin for failing to appear before the committee on Ethics and Privileges over the allegations of Budget padding he leveled on Speaker Yakubu Dogara and 13 other lawmakers.

In an interview with Thisday, Gbajabiamila questioned the legality of suspending a lawmaker who represents a constituency from the House.

He said, “My concern on the suspension is the same that I always had, even when Dino Melaye and others, were suspended in the 6th Assembly.

“Now what is this concern? I find it difficult as a Constitutional Lawyer, to accept that our rules can actually pass constitutional muster, if put to test. If you suspend a member for a year, you are effectively suspending his constituency and the people he represents, from participation in participatory democracy. This, in my own personal opinion, violates the constitution which delineates the country into Federal Constituencies for effective representation, at the centre. For every constituency, it is a right to be represented in the national assembly, not a privilege that can be taken away.

“The constitution says clearly that, all Federal Constituencies must be represented for 4 years, and lists, I believe, only 1 or 2 circumstances under which such a constituency can be unrepresented. e.g. by process of recall etc. Even at that, the vacancy is to be filled immediately.

“Our constitution does not envisage a situation where a Federal Constituency is unrepresented or underrepresented. If, for instance, an issue comes up in a member’s constituency, that requires federal attention or legislative address, who do they go to? We cannot take away a mandate, given by the people or short change a constituency.

“In law, the seat of a representative is held in trust for the constituency. It is an in rem matter, not a personal matter. This is why when a member gets up to speak, he goes through the formality of announcing his name and the constituency he represents.

“In fact, in other democracies and Legislatures, when a Speaker wants to recognise a Representative to speak, he addresses him or her not even by name, but as for instance, “the gentleman from so so constituency”. That is the pre-eminence given to a constituency in a democratic setting.

“So it is not about Honourable Jibrin, it is about Bebeji Constituency. I do not stand in the gap for Jibrin, or is this in any way a defence on his behalf. You may not know this, but Jibrin and I stopped relating as friends and colleagues, since March or thereabout.

“However, I am not one to shy away from the truth and the rule of law. I believe that there are other ways that would be constitutional, if the House wants to discipline any member.

On whether this was contempt of court, I believe that you are speaking about the Federal High Court decision in the Melaye case, when the Court said that the House lacked the powers to suspend the members. I do not remember the basis upon which the Court made its decision, but I will definitely look at it again. I suspect it was on the basis of fair hearing, as provided in the Constitution.” he said

Gbajabiamila Breaks Silence Over Budget Padding Scandal

The Leader of the House of Representatives, Femi Gbajabiamila, has broken his silence over the budget padding scandal rocking the lower chamber, following accusations of budget fraud made against Speaker Yakubu Dogara and others by former appropriations committee chairman, Abdulmumin Jibrin.

Mr. Gbajabiamila had remained silent since the House descended into a crisis that has drawn the attention of anti-corruption agencies, and sparked calls for the Speaker to step aside.

Mr. Gbajabiamila gave his position via emails sent to members of the House on Monday. A lawmaker shared the message with a reporter.

The Lagos lawmaker circulated emails to colleagues after some unknown people sent text messages around suggesting he was part of a group working discreetly to force a leadership change in the House.

The anonymous message was sent from phone number 08119106894.

It reads,”Plot to destabilize the leadership of the House of Reps has taken a new dimension as the AGF working with Gbajabiamila, Jibrin & SGF has (sic) drafted charges to arraign and detain principal officers of the House so that the transparency group who recently met with Tinubu’s wife will effect a leadership change with Gbajabiamila as Speaker and Jibrin as Deputy. This is why Jibrin did not mention Femi in his allegations. The 8th House won’t be anybody’s rubber stamp. We will resist them like the senate resisted them.”

But Mr. Gbajabiamila, in his email to lawmakers, denied claims made in the anonymous message.

He said, “Since the budget controversy that engulfed the House about a week ago, I have pointedly maintained a dignified silence. I did this for the sake of the institution I represent and which I have laboured hard to grow and protect, knowing that whatever I say could be impactful both within the House and outside it.

“I was determined to keep in place the glue that holds an otherwise fragmented House, protect its integrity and at same time avoid eroding the little confidence and vestiges of hope Nigerians have in us.

“I am being dragged into an arena I tried very hard to stay out of only for the good of the House. The Speakership election has come and gone. The election was divisive and acrimonious but I have since worked hard to heal the wounds some of which still fester amongst members on both sides.

“It is my responsibility to bring all tendencies in a House I lead together and I have worked well with the Speaker and all other Principal officers in a bipartisan manner and in the interest of the institution and members.

“It is clear that our budget process needs radical reform and very quickly too. Yes, allegations have been made but I strongly believe judgment should not be passed based on allegations. We operate a constitutional democracy and we must at all times submit to its dictates and ethos. All parties are innocent until otherwise proven. This should be our guide. I plead with all members. The mudslinging must stop.

“This text message, which desperately seeks to finger me in some macabre plot to destabilize the House is a throwback and echoes our dark post Speakership election history. The resurfacing or resurgence of the faceless text messengers will not help us as a House and let me quickly add that it will fail.”

“My strongest critics and biggest political adversaries in the House cannot deny the fact that my commitment has always been to strengthen the legislature and its processes and our democracy as a whole. I consider everyone a friend and colleague and urge that as we collectively work towards a stronger legislature and strive to deepen our democracy, we do not pull back the hands of the clock nor lose sight of the enormous responsibility placed upon us by providence as members of a critical arm of government.”

Credit: PremiumTimes

Dogara, Gbajabiamila In Fresh Feud Over Committees

Majority leader of the House of Representatives, Femi Gbajabiamila has written to the speaker, Yakubu Dogara, complaining of his total sideline and ignorance in the formation of the 96 House Standing Committees announced a fortnight ago.

Gbajabiamila’s letter, dated October 20, preempted the scheduled announcement of the committees by the speaker, which was made on October 22 and sought for the observance and respect of the provisions of the House rules ahead of the announcement.

Ever since the announcement of the 96 committees by the speaker, which saw an increase of seven committees from the previous 89, criticisms have continued to trail the sharing of the committees, where the ruling APC got 48, while the PDP got 46.

The APC lawmakers have been unequivocal in their displeasure over the number of committee, including those termed as “juicy” allocated to the opposition PDP by the speaker.

But the speaker’s office has defended the allegation in a letter signed by Dogara’s chief whip, Jerry Manwe and addressed to all principal officers for a consultative meeting scheduled just hours before the announcement on the floor.

The speaker’s letter, dated October 21 and titled “Notice of meeting of Principal Officers of the House of Representatives” was annexed with another, showing the attendance of the meeting by the principal officers.

It indicated against all the nine listed principal officers their attendance signature, where the House leader’s name was also written against his position as an attendee.

Gbajabiamila’s letter to Dogara, which was copied to the APC national chairman, said severally, the House leader had held meetings with the speaker both at home and in office to be acquainted with the situation of committees’ composition, as a member of the selection committee.

“I did this because of the incessant rumor that some had been composed. On each occasion, you assured me that nothing had been done. From all indications however it appears that an announcement of the Chairmen and Deputy Chairmen is imminent and such may be done this week,” the letter had said.

Gbajabiamila cited Order 7 Rule 27 (2)c of the House rules, which underscored the explicit role of the House leader to work “with committee chairmen and other functionaries of the House.”

He called on the speaker to consider the House rules and the parliamentary tradition globally to avoid undermining the office of the majority leader if the legislature is to be strengthened.

Credit: DailyTrust

Tribunal upholds Gbajabiamila’s election

The National Assembly Election Petitions Tribunal sitting in Ikeja on Friday upheld the victory of the Majority Leader of the House of Representatives, Mr Femi Gbajabiamila.

 

The tribunal held that Gbajabiamila of the All Progressives Congress (APC) validly won the March 28 election for Surulere Federal Constituency I in Lagos State.

 

The three-man tribunal led by Justice C.U. Anwuka resolved all issues raised in favour of the respondent.

 

The tribunal consequently dismissed the petition filed by the Peoples Democratic Party candidate, Mr Tony Ashikodi, for failing to prove the allegations of electoral fraud.

 

Ashikodi had petitioned the tribunal challenging the outcome of the election.

 

Ashikodi had alleged that he observed some irregularities during the election which contravened the provisions of the Independent National Electoral Commission’s approved guidelines.

 

He urged the court to void the election and order a fresh election to be conducted by INEC.

 

The petitioner had alleged that “the final figures in Form EC 8 C (i) were cancelled and altered with a view to declaring Gbajabiamila the winner of the election.”

 

He claimed that the 14,351 received by the APC candidate was “whimsically changed’’ to 21,715 while 16,079 earlier recorded for petitioner was changed to 14,550.

 

However in the judgment, the tribunal said Ashikodi failed to substantiate his allegations that ballot boxes were snatched and result sheets falsified by INEC.

 

The judges noted that the petitioner failed to call a single witness to substantiate his claims.

 

They said Ashikodi, in his evidence-in-chief, admitted that he was not present at the collation centre and did not tender any document to back his allegations of multiple irregularities.

 

The tribunal also faulted the claim of the petitioner’s counsel, Mr Kalu Onuah, that the election did not comply with Section 139 of the Electoral Act and therefore dismissed the petition.

 

 

 

(NAN)

APC Accepts Gbajabiamila’s Emergence; Still Indifferent On Saraki, Ekweremadu

The National Chairman of the All Progressives Congress, John Odigie-Oyegun, has expressed “relative satisfaction” with the choice of Femi Gbajabiamila as the Majority Leader of the House of Representatives.

He, however, expressed indifference to the vote of confidence passed on the Senate President, Bukola Saraki, his deputy, Ike Ekweremadu, and other principal officers of the upper legislative chamber.

Mr. Gbajabiamila on Thursday emerged the House Leader. He had on June 9 contested the Speaker position but narrowly lost to Yakubu Dogara despite being the party’s choice for the seat.

The House however became factionalised with some queuing behind Mr. Gbajabiamila and others belonging to the Speaker’s group.

Though he initially pledged not to interfere in the choice of the leaders of the National Assembly, President Muhammadu Buhari on Monday summoned the APC House members to a meeting in Aso Rock during which he gave them a marching order to resolve the lingering crisis in the lower chamber.

The president also directed the contending factions to meet with Mr. Odigie-Oyegun with a view to resolving the crisis.

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Gbajabiamila Emerges Reps Majority Leader

The leadership crisis in the House of Representatives appears to have been resolved as the member, representing Surulere Federal Constituency of Lagos, Mr. Femi Gbajabiamila, has emerged the Majority Leader of the House.

President Muhammadu Buhari on Monday met the representatives ahead of their resumption today but the federal lawmakers emerged from the meeting singing discordant tunes, suggesting that the meeting with the president had failed.

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S/South Reps Caucus Rejects Gbajabiamila, Others As Principal Officers

The South-South caucus in the House of Representatives yesterday said it would resist an attempt to marginalise the region in the sharing of principal officers’ position, expected to be announced today.

The caucus, which is chaired by Hon. Pally Iriase (APC, Edo), therefore, urged the Speaker, Yakubu Dogara to be fair and adhere to the principle of federal character in choosing principal officers to forestall any imposition.

Iriase had contested the position of the Speaker but later stepped down to support Hon. Femi Gbajabiamila, who has again being nominated by the APC to emerge as Majority Leader of the House.

In a statement on Tuesday, the caucus said: “We reject a proposal that purports to zone House leader to South West in addition to deputy speaker and chief whip to North East in addition to the position of the speaker already held”.

It further stated that a proposal purportedly emanating from the Loyalists Group (which campaigned for the party’s choice in the last election for Speaker) of the House of Representatives had been sent to the National Working Committee of the APC, wherein the South-South is said to be allotted the position of the Deputy Chief Whip.

“Our immediate reaction is to repudiate the fraudulent and insensitive proposal.

“We are members of the Loyalists Group, and to the best of our knowledge, no proposal for the zoning of principal officers was discussed and agreed to by any member of the South-South in the group.

“Unilateral and self-serving proposal by a few members cannot be said to have come from the group”, Iriase said in the statement.

I Won’t Resign For Gbajabiamila, Lasun Vows

The Deputy Speaker of the House of Representatives, Mr. Yusuf Lasun, said on Tuesday that he would not resign for Mr. Femi Gbajabiamila having been duly elected by members to occupy the position.

He spoke in Abuja amid speculation that he had come under pressure from some forces in the All Progressives Congress in the South-West, asking him to step down for a former Minority Leader of the House, Gbajabiamila.

But Lasun, who was accosted by journalists at the National Assembly as he stepped out of a committee room, reacted, “That is a speculation; why will I resign?

“I went through an election on the mandate of the Speaker (Mr. Yakubu Dogara).”

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House of Reps Leadership: Gbajabiamila Accepts Defeat

Rep. Femi Gbajabiamila, the official candidate of the APC who lost to Dogara in the leadership contest also pledged his allegiance to the new speaker of the House of Representatives.

Speaking, yesterday, when he led about 20 supporters of his aspiration to the national secretariat of the APC in Abuja, Gbajabiamila said they have accepted defeat.

He also overruled any legal action against the Dogara.

He said: “We have just gone through an election in the House, so we came to meet with the party regarding the election and how the party is going to remain strong and united and move forward so that we can deliver the deliverables and programmes of the party through the House.

“Go to court for what? I don’t know about the Senate. I can only speak for the House. Nothing happened in the House. We had an election. It is different from the Senate. In the Senate, people were deprived of their fundamental rights to express themselves and vote.

“We will work with the leadership of the House and the Speaker, so long as the party’s programmes are properly articulated and pursued on the floor of the House. We will work with the leader of the House. He is an APC member. He is not the Speaker of the APC. He is the speaker of the whole House.”

Asked if he was in support of the party’s position to take disciplinary action against the erring members, the former minority leader said: “That is the prerogative of the party. All I know is that in every association, there must be discipline. Whatever the party decides to do, that is for the party. It is not for me.”

Similarly, Mohammed Monguno, who ran for the office of the deputy speaker from Gbajabiamila’s camp but lost to Yusuf, also told journalists they would allow peace to reign in the interest of the nation.

He, however, regretted that some members of the party ignored APC’s decision and expressed his support for sanctions against the erring members.

“Definitely, if a party member errs, there must be sanction so that it will serve as a deterrent for others not to do same in future”, he said.

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Court Declines To Disqualify Gbajabiamila Over US Indictment

Legal move to disqualify Hon. Femi Gbajabiamila from emerging as the Speaker of the House of Representatives failed before the Abuja Division of the Federal High Court Monday.

In a chamber ruling, Justice Abdul Kafarati, instead of restraining the House of Reps from accepting the nomination of Hon. Gbajabiamila as ?an aspirant for the office of the Speaker, directed the plaintiff to go and put the defendant on notice.

Justice Kafarati ordered the service of all the relevant court processes on Gbajabiamila to enable him to appear in court on June 18 to show cause why he should not be disqualified from holding the Speakership position following his alleged conviction by the Supreme Court of Georgia in 2007.

?The plaintiff in the matter, the Registered Trustees of Social Justice and Civil Rights Awareness Initiative, had in the suit they lodged through their lawyer, Mr. Chukwuma Nwachukwu,? contended that Hon. Gbajabiamila is not morally fit to head the third arm of governance in Nigeria.

The group adduced evidence indicating that Gbajabiamila was on February 26, 2007, “convicted in the state of Georgia for unethical practices and was debarred as a lawyer for 36 months”.

The group, in an ex-parte motion it filed pursuant to Order 26 Rule 8 of the Federal High Court Civil Procedure Rules, 2009, ?Monday, prayed the high court to stop Gbajabiamila from even presenting himself for the speakership position.

The motion was argued on behalf of the group by Human Rights lawyer, Chief ?Mike Ozehkome, SAN.

Aside Gbajabiamila, the House of Representatives and the Attorney General of the Federation were equally cited as defendants in the matter.

Read More: vanguardngr

Fani-Kayode Begs PDP Lawmakers To Vote Gbajabiamila For Speaker

 Former Director of Media and Publicity of Peoples Democratic Party (PDP) Presidential Campaign Organisation in the 2015 general elections, Femi Fani- Kayode has urged the PDP members in the House of Representative to vote for Femi Gbajabiamila as the Speaker of the House.

Gbajabiamila is the candidate of the All Progressives Congress (APC) for the position. Fani- Kayode described Gbajabiamila’s emergence as  the APC consensus candidate for the post as a welcome development.

Gbajabiamila polled 154 votes out of 182 votes to beat Yakubu Dogara in a primary conducted by the APC in Abuja on Saturday.

Read More: DailyPost

Court Asked To Disqualify Gbajabiamila Over US Indictment

The Abuja Division of the Federal High Court is currently hearing an ex-parte motion seeking to disqualify Hon. Femi Gbajabiamila from emerging as the Speaker of the House of Representatives tomorrow.

Justice Abdul Kafarati is presiding over the suit which was lodged before the high court by the Registered Trustees of Social Justice and Civil Rights Awareness Initiative.

The group, in the suit filed pursuant to Order 26 Rule 8 of the Federal High Court Civil Procedure Rules, 2009, is contending that Hon. Gbajabiamila is not morally fit to head the third arm of governance in Nigeria, alleging that he was previously ?”convicted in the state of Georgia for unethical practices and was debarred as a lawyer for 36 months”.

Aside Gbajabiamila, the House of Representatives and the Attorney General of the Federation were equally cited as defendants in the matter.

The ex-parte motion is being argued on behalf of the group by Human Rights lawyer, Chief ?Mike Ozehkome, SAN.

In a supporting affidavit ?that was deposed to by one Alojie Nmerengira, the plaintiff told the court that its investigations revealed that Gbajabiamila was convicted by the Supreme Court of Georgia in 2007, even as it attached a copy of the order of the court as ‘Exhibit A’.

Read More: vanguardngr

Gbajabiamila Lobbies State Caucuses For Speakership

In a bid to shore up support for his quest for the Speaker of the House of Representatives, Femi Gbajabiamila is wooing state caucuses of the House.

Gbajabiamila, who is also the current Minority Leader in the House, has started to reach out to state caucuses of the House.

He has equally set up a 36-man mobilisation committee to canvass support for him in the states of the federation including the Federal Capital Territory (FCT).

The state coordinators are to help him to solicit support of in the build-up to the election of new Speaker.

The campaign coordinators included Rufai Chanchangi (Kaduna), Abdulahi Balarabe Salame (Sokoto), Khadijah Ibrahim (Yobe) and Baderinwa White (Ondo), among others.

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Reps Move For Gbajabiamila, Jibrin As Speaker, Deputy Speaker

Some All Progressives Congress lawmakers in the House of Representatives are rooting for the candidacy of  Femi Gbajabiamila as Speaker and Abdulmumin Jibrin for the position of deputy speaker in the coming assembly. The lawmakers have begun the ground work  to get majority of the caucus members to buy into the idea.

The choice of  Gbajabiamila and Jibrin according to the lawmakers is based on the pedigree of the two legislators. Gbajabiamila is seen as the voice of the opposition in the House, while Jibrin has wealth of financial and economic expertise counting in his favour.

Gbajabiamila is from the South-West while Jibrin is from the North-West.

Read More: DailyTrust

Gbajabiamila to Sponsor Abandoned Baby for Surgery Abroad

The Leader of Opposition, House of Representatives, Mr. Femi Gbajabiamila as part of the just concluded Sallah celebration on Tuesday visited Heart of Gold Hospice, Surulere, Lagos to extend his helping hand to children with special needs.

Gbajabiamila who also represents Surulere federal constituency in the National Assembly accompanied by a Surulere community leader, Mr. Agbo Dabiri were received and conducted around the children wards by Proprietor of Heart of Gold Hospice, Mrs Laja Adedoyin.

Gbajabiamila presented the hospice with food and medical items. One of the highlights of the occasion is the privilege of naming a yet-to-be Christened 5month old baby who had hole in his heart. The senior lawmaker named the baby “Emmanuel” and said his choice of name was influenced by indications that “God is with us”. 

The lawmaker after interacting with the children, offered to raise bills required to put Baby Emmanuel in a normal shape including payment for surgery to be carried out abroad. The Hospice had earlier expressed sadness that it’s in short of $7,000 to send the baby for surgery in India.

Mr. Dabiri who is also founder of Ikotun Nursery and Primary School, Surulere also granted full scholarship to one of the children in the Hospice.

Mrs Adedoyin expressed appreciation for the kind gesture of Gbajabiamila and said that the Hospice would continue to thrive on the support of well meaning Nigerians. 

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