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Title : Why Saraki, others’ defection from APC is unconstitutional - Falana reveals
link : Why Saraki, others’ defection from APC is unconstitutional - Falana reveals

Why Saraki, others’ defection from APC is unconstitutional - Falana reveals

Femi Falana, human rights lawyer, has faulted the defection of some lawmakers, including the Senate President, Bukola Saraki, from the All Progressives Congress, APC to the Peoples Democratic Party, PDP.

The activist lawyer described the defection as unconstitutional.

Falana spoke at the official launch of Prof. Wole Soyinka’s ‘Interventions VIII’ series, titled: “Quis Custodiet Ipsos Custodes? (Who keeps Watch over the Watchmen), Gani’s Unfinished Business,” held in Lagos, on Thursday.

Falana cited section 68 (1) (G) of the 1979 and 1999 constitution, explaining that the only exception for cross-carpeting was when the political party was in trouble and fractionalised.

He said, “So if you are elected on the platform of party ‘A’ and you don’t want that party again, you must go and seek fresh mandate under the platform of your new party.

“The only proviso is that if your political party is in trouble and is fractionalised, major division, you can crossover, but not a division instigated for the purpose of exiting. In the case between Adegunde and Ondo State House of Assembly, the Supreme Court made the point in 2014 that the division envisaged by the constitution must affect the structure of the party; in which case, there will be two congresses that will produce two chairmen at the national and state executives that have totally splinted into two.”

“So you don’t just address a press conference and say we disagreed with the running of our party and in the next moment, you say you have defected. That is not it,” he said.

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