After APC Convention: Confusion As Adamu, Kyari Hold Two Elective Positions

There is confusion in the polity as two ranking lawmakers; Senator Abdullahi Adamu (APC, Nasarawa West) and Senator Abubakar Kyari (APC, Borno North) are occupying two elective positions following their emergence as national chairman and deputy national chairman (North) of the ruling All Progressives Congress (APC), respectively.

Adamu, who has been representing Nasarawa West since 2011, emerged as the national chairman of the party on Saturday during the national convention.

Like Adamu, Kyari has been in the Senate since 2015 when he was first elected to represent Borno North Senatorial District. He emerged through consensus as the deputy national chairman (North) of the ruling party.

Since their emergence as key members of the National Working Committee (NWC) of the ruling party, tongues are wagging over their seats at the National Assembly. It would be recalled that the Yobe State Governor, Mai Mala Buni piloted the affairs of the party for 21 months as the head of its caretaker committee.

Recall that a senator’s seat will be declared vacant following death of the lawmaker, resignation, recall demand by constituents or court pronouncement ordering INEC to withdraw his or her certificate of return.

This is done through official communication from the Senate President to the Independent National Electoral Commission (INEC).

Resign now, lawyers to lawmakers

A cross section of lawyers spoken to expressed mixed reactions on the matter.

Professor Paul Ananaba (SAN) said although there is no straight law on a senator retaining another paid employment as it is for a governor in Section 183 of the Nigerian Constitution, 1999, the senators have a moral duty to quit.

“Having been elected to the executive, they have to choose which one to take. Being the chairman of the ruling party in the largest country in Africa is not a small work, you cannot combine it with any other responsibility,” he said.

While highlighting the conflict of interest in functioning in both offices, Ananaba said “When he (Adamu) speaks in the Senate, how do we know whether he is speaking as a chairman or as a senator? When he votes will he be voting as a chairman or as a senator?

He said the matter can be challenged in court, explaining “I don’t think the court would be favourable to allowing a person to hold two positions; I think the court may find a way around it even though there is no straight legal provision.”

He, therefore, called on the senators to give up their positions to other Nigerians who can do the job.

On his part, Femi Falana (SAN) said the executive of the APC and those of the PDP are different sides of the same coin and both political parties are making a mockery of Nigerians.

He said his group is preoccupied with mobilising Nigerians to reject the insult by the political class.

“Very soon you will know that we are taking up the challenge,” he said.

However, Dayo Akinlaja (SAN) said apart from the governors who are not permitted to take up other paid roles, nothing stops the APC from fielding their executive from the National Assembly.

“It is only the president and governors that are forbidden from holding any other executive office or paid employment in whatever capacity whatsoever.

“It has to be borne in mind that these are intra-party offices that are not in any way impinging on their senatorial functions and duties,” he said.

They should relinquish their seats – PDP senators

The Senate Minority Caucus has said that it expected Senators Adamu and Kyari to resign from the Red Chamber following their emergence.

The Senate Minority Leader, Enyinnaya Abaribe, told Daily Trust that with the emergence of Adamu and Kyari, it was expected that they will formally resign from the senate and their seats declared vacant according to the law.

He, however, said it was a signal that the National Assembly is an incubator for the type of inclusive leadership needed in Nigeria at this time.

Abaribe said he hoped their involvement in running the affairs of APC would be able to steer the party from the divisive policies as a government.

He said, “I have congratulated them personally and wish them well. It is a signal that the National Assembly is an incubator for the type of inclusive leadership needed in Nigeria at this time.

“Maybe they will be able to steer the APC from the divisive policies as a government that has almost brought Nigeria to the brink of disintegration.”

Meanwhile, the Senate spokesperson, Ajibola Basiru, declined to comment on when Adamu and Kyari’s seats would be declared vacant.

When asked when their seats would be declared vacant, he said simply, “I don’t know”.

PDP kicks, ruling party mum

The Peoples Democratic Party (PDP) said the ruling APC should be worried about who they choose as their leader.

Reacting to the matter, Debo Ologunagba, who is the spokesman for the PDP, said “It is the APC that should be bothered about whoever they choose as their leader, whether he is qualified or not, we are not worried about that.

“If the person has a corruption case against him like we have identified against the chairman, that is what concerns us, whether he is qualified or not is not for us to challenge,” he said.

The APC National Publicity Secretary, Felix Morka, neither picked up his calls nor responded to a text message sent to his phone by our correspondent.

Why we can’t act – INEC

Contacted, Mr Rotimi Lawrence Oyekanmi, the Chief Press Secretary (CPS) to INEC Chairman, Prof. Mahmood Yakubu, told Daily Trust that the commission cannot declare the seat of the two lawmakers or anyone for the matter vacant.

“It is only the presiding officers, the Senate President and the Speaker of the House of Representatives that can formally in writing notify the commission of any vacancy before the commission can now act appropriately,” Oyekanmi said.

He also said that the commission sent officials to observe the last Saturday’s APC convention in Abuja and that the commission would wait for the report of the officials and act appropriately.

When asked about the legality of the affected senators keeping their seats in the National Assembly and their new positions in the APC, he said he cannot talk about that.

Source: Daily Trust