ON March 3, 2015, a legislator got up on the floor of the House of Representatives and announced he was moving from party A to Party B. Three weeks later, the same member again announced he was returning to party A.
This to my mind is the lowest ebb of political harlotry. It leaves a sour taste at least in my mouth. This practice is unhealthy and cannot in any way enhance our young democracy. All Nigerians have a duty to stop this childishness.
Section 68(1) of the constitution of the Federal Republic of Nigeria 1999 (as amended) states ‘A MEMBER OF THE SENATE OR THE HOUSE OF REPRESENTATIVES SHALL VACATE HIS SEAT IN THE HOUSE OF WHICH HE IS A MEMBER’ if
(Subsection g) being a person whose election to the House was sponsored by a political party before the expiration of the period for which the house was elected
Provided that his membership of the latter political party is not as a division in the political party of which he was previously a member or of a merger or two or more political parties or factions by one of which he was previously sponsored.
I think it is necessary to quote this section unabridged so that the vast majority of Nigerians who do not have access or have not bothered to read the constitution can follow the discussion intelligently.
In the early life of the 7th Assembly, I introduced an amendment bill (HB 02.05.278) co-sponsored with the erudite and hardworking Chairman House Committee on Rules and Business, Sam Tsokwa to expunge the last paragraph of section 68 (1g) and compel anybody who switches party to go back to the electorate and get a fresh mandate.
I knew that amendment was unpopular and was not surprised when it was defeated. Members told me that bill is like shooting ourselves in the foot since legislators are the main beneficiaries of the existing ambiguity. In politics, personal survival and not necessarily national interest seems to be the over-riding consideration. This flip-flopping between parties as presently practiced is wrong and calls for serious attention by all Nigerians.
In March this year, the Supreme Court gave a landmark judgement on this section as it concerns a legislator from Ondo State. This judgement still leaves a window for manipulation. The only effective deterrent to any legislator is the possibility of going back to the electorate and that is why Nigerians should canvass for complete removal of that section. If you switch parties, go and get a fresh mandate.
With the recently concluded tsunamic presidential elections, the practice of political flip-flopping has become ONE HUGE JOKE. One member in his anxiety to move said he was DEFLECTING instead of DEFECTING. All of a sudden, democracy of the stomach is occupying centre stage. There are no values anymore not to talk of morals.
The incoming Buhari administration with a majority in both Houses may like to re-visit this bill so that we can checkmate this ridiculous practice. People have the freedom to cross-carpet but it has to be with decorum and the approval of those who elected them.
The Buhari administration has a unique and once in a life time opportunity to effect structural and fundamental changes in the way the three arms of government conduct business.
It is only when this has been done that we can seriously start talking of change. For any change to be sustained, it must start with individual cleansing. This purging was what Murtala Mohammed did when he became Head of State in 1976 and it gave him the moral strength to face anybody eyeball to eyeball.
In a brand new House of Representatives where 302 out of 360 members are green horn, the ruling party can be quite innovative and provide a fillip to our democracy. I hope this opportunity is not lost.
There are a myriad of problems facing any new administration and Buhari’s will not be different. Some of course are more urgent that others. Education which is the key to any meaningful change must be top priority.
The 7th Assembly has passed an amendment bill (HB 11.10.109) to make education free, compulsory and MANDATORY UP TO SS3. It is the mandatory aspect of this bill and the coverage up to SS3 that are important. This bill which I sponsored has gone through 1st and 2nd readings and also a public hearing.
If this bill becomes law, the import is that any parent who fails to keep his child in school up to SS3 could be sent to prison. The ‘raison detre’ of this bill is that unless we can all discuss and understand ourselves freely, any attempt at change is mere rhetoric and hog-wash.
Civil society groups have a vital role to play and must not limit their role to advocacy. They can infect, organise and get bills through parliament.
NANS – National Association of Nigerians Students, TUC etc., must all come on board and let us build the Nigeria of our dreams.
As Nigerians bask in the euphoria of a change administration, let us not forget that the journey ahead though herculean is surmountable with our collective will and resolve.
As the ink begins to dry on my pen, let us close with the wisdom of Nelson Mandela who said that ‘‘Education is the most powerful weapon which you can use to change the world’’.
Eddie Mbadiwe wrote from Abuja.
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