By Toby Prince
The recent petition presented by Hon. Philip Agbese on behalf of some lawyers to the House of Representatives has sparked intense debate. But what’s really at stake? Let’s break down the key issues and concerns.
What’s the petition about?
The petition, signed by over 200 lawyers, urges the National Assembly to take over the functions of the Benue and Zamfara state assemblies. This move is aimed at addressing the crises plaguing both states and preventing a potential constitutional crisis.
What’s happening in Benue and Zamfara states?
In Zamfara State, 10 out of 21 lawmakers were suspended by the Speaker, allegedly on the instructions of the State Governor. This has crippled the Assembly’s ability to perform its constitutional duties.
In Benue State, 13 out of 23 lawmakers were suspended for refusing to interfere in the judiciary. The directive to suspend them reportedly came from the Benue State Governor. In both cases, almost half of the assembly members were suspended, which could lead to a crisis.
Is it right to suspend almost 1/2 of lawmakers in a parliament?
Suspending 1/2 of lawmakers in a parliament is a highly questionable move that undermines the democratic process. When a representative is elected, they become the voice of their constituency, responsible for making decisions on their behalf. Suspending them essentially silences the voices of the people they represent, which is an assault on democracy. In the cases of Benue and Zamfara, the suspension has left many constituencies without representation.
Where has this happened before?
There have been instances of suspensions of lawmakers in Nigeria, but not almost half of the parliament. However, where this has happened was in countries in anarchy, most recently in Myanmar (2021) and Venezuela (2017).
Can parliamentary privileges be used to suspend lawmakers?
READ ALSO:
Parliamentary privileges can be used to discipline lawmakers, but the suspension of lawmakers must be fair, reasonable, and in line with constitutional provisions.
What are the implications of suspending a large number of lawmakers?
Suspending a large number of lawmakers can undermine the democratic process, stifle opposition voices, and create a crisis of confidence in the legislature.
What does the constitution say about National Assembly taking over the state assembly?
In Nigeria, Section 11(4) of the Constitution grants the National Assembly the power to take over the functions of a state assembly if it is unable to function.
Is the situation in Benue and Zamfara a crisis?
The suspension of lawmakers in Benue and Zamfara states has created a crisis in the parliament, with many arguing that it undermines democratic principles and the rule of law.
Did Agbese call for a state of emergency?
No, the petition called for the National Assembly to take over the functions of the state assemblies in Benue and Zamfara, not for a state of emergency. In fact, Agbese is seeking to avoid the Rivers debacle in the two states.
Is a state of emergency an option?
Yes. If the governors of both states fail to ensure the proper functioning of their respective assemblies, citizens may push for a state of emergency as a last resort. Like in Rivers, this would allow for the temporary suspension of certain constitutional provisions to restore order and stability, pending the re-establishment of fully functional democratic institutions.
***Prince is a Senior Legislative Aide in the office of the House of Reps Committee on Media and Public Affairs
