APC, Plateau speaker lock horns over swearing-in of new lawmakers

The All Progressives Congress (APC) and the Speaker of the Plateau State House of Assembly, Gabriel Dawang are at logger heads over the decision of the speaker to postpone the swearing-in of the newly declared lawmakers, who are members of the APC.

While the new members were declared winners of the March 18 elections by the Court of Appeal late November, the speaker, a lone member of the Young People’s Party (YPP) who emerged amidst the controversies of the appellate court ruling, has insisted that the swearing-in will not take place until January 23rd, when the House resume from its two month-long recess.

Observers suggest that this recent disagreement might reignite political tensions within the house.

Since 1999, leadership and legislative conflicts have been commonplace in the state assembly, leading to recurrent crises in every political era.

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This time, the discussion revolves around recent judgments handed down by the Court of Appeal in Abuja. The court sacked all 16 lawmakers of the Peoples Democratic Party (PDP) in the state assembly, citing the party’s disobedience of a court order to conduct congresses from ward to state levels. Consequently, the party lacks the necessary structure to sponsor candidates in the previous general elections, the court had held.

These appellate court rulings affected all those who had won elections under the PDP banner in the last general elections in the state, including Governor Caleb Mutfwang, senators, and representatives in the National Assembly.

After the judgments, the PDP lost 15 seats to the APC, which initially held seven out of the total 24 seats in the house. Additionally, the other PDP seat went to the LP. As a result, the APC now hold the majority with 22 members in the assembly.

Sources from the APC informed Daily Trust that the speaker, who is the only member of the YPP, will be impeached as soon as the house reconvenes. The APC, having the majority, has already selected among its lawmakers who will be elected as the speaker and deputy of the house.

This recent development in the house has sparked heated political discourse in the state, with both Governor Mutfwang and the APC vying for supremacy even before the Supreme Court judgment.

Our correspondent reports that although Governor Mutfwang was sacked by the Appeal Court, he has vowed to challenge the judgment in the Supreme Court.

How lone YPP lawmaker emerged speaker

Recall that three days before the judgment that ousted the 16 PDP lawmakers, the immediate past speaker of the house, Moses Sule, and his deputy, Gwottson Fom, resigned from their positions. Subsequently, Dawang, the only member of the YPP, was elected as speaker. Following his election at the last plenary, the new speaker announced a two-month recess.

Daily Trust reports that none of the seven APC lawmakers were present during the house’s decision to go on a two-month recess or during the speaker’s election.

The APC accused Governor Mutfwang of conspiring with the speaker to close the house, alleging that the two-month recess was intended for surreptitious objectives.

Although the governor, through his Director of Press and Public Affairs, Gyang Bere, did not respond to inquiries about the allegations against the governor, the speaker denied the APC’s accusations. He stated that the two-month recess was not aimed at harming any political party or individual but was a unanimous decision of the house.

Why I won’t swear in members-elect until January – Speaker

The speaker, who said he won’t be swearing in new members until January, added that the new members expected to join the assembly would not be sworn in until after the expiration of the previously declared two-month recess.

Addressing the alleged conspiracy over the house’s closure, the speaker clarified that he did not close the house purposely to prevent the swearing-in of incoming members. He emphasised that he had the legal authority to adjourn the house.

He explained, ‘The house adjourned the plenary till January 23rd when there was no court verdict yet, making the present members legitimate to decide on any motion. During the last sitting, a motion to adjourn plenary till January 23rd was moved and seconded without any contrary opinion. The house’s resolution has become a legal document. All present members agreed to return to their constituencies and engage with their constituents.

“So, any insinuation claiming that the house was closed to stop the swearing-in of the new members is not true. What I know is that even when the house made the decision, there were no new members. As a speaker, I was unaware that the PDP members would be sacked. So, plenary was adjourned three days before the judgment came.

“As far as I am concerned as the speaker, the new members are not yet part of my assembly because they have not presented their certificate of return to me. They will become my members only when they write to me through the office of the clerk. After that, I will invite them and officially inform them that the house is on recess and ask them to return when the house reconvenes.

“This has happened in many places, including the National Assembly. The house cannot interrupt its recess just because new members have arrived. It’s not done that way anywhere. It was the resolution of the house, adopted and now a legal document. I cannot go against that.

The speaker, however said, there is a possibility of engaging the new lawmakers and see how to arrange “A retreat and seminar for them on legislative activities so that they are not unaware of proceedings during plenaries. This is my intention during the recess, but if they don’t agree, I cannot force them. All I know is I cannot act outside the rules of the game.”

New lawmakers would be sworn in without speaker – APC

But Sylvanus Namang, the state publicity secretary of the APC described the two-month recess as illegal. He said that declaring a recess at this critical time would likely create another legislative crisis. Namang accused the governor of intending to operate a parallel legislature, asserting that the governor’s actions indicated a desire for conflict.

According to Namang, the Nigerian constitution allows one-third of the members to convene and make decisions. He emphasised that the speaker is not necessary for the swearing-in of new members; saying this duty falls under the purview of the Clerk of the House.

Namang stressed that the House had already been inaugurated and suggested that the members in the majority would hold plenary without the speaker.

He condemned the governor’s actions as an onslaught of legislative impunity, accusing Governor Mutfwang of attempting to stall the APC members’ inauguration, warning that this move could lead to a crisis in the House. He implored the governor and his loyalists to avoid further escalating tensions in Plateau State’s political environment.

House can cut short recess to attend legislative business – Ex-speaker

Commenting on the logjam, a former Speaker of the State House of Assembly, Barrister Joshua Izang Madaki, told Daily Trust that the house can cut its recess short to address issues affecting the state. He mentioned that the house’s calendar can be adjusted based on the prevailing circumstances.

Explaining the procedural aspects enabling the house to go on recess, the former speaker said, “Recess is never indefinite. Even during recess, circumstances might arise that require members to interrupt the break and address urgent legislative matters. According to the law, the speaker cannot refuse to convene the house when the need arises. In the context of Plateau State, upon receiving their certificate of return, it becomes the duty of the speaker and the House clerk to reconvene for the inauguration session.”

Lawyers express divergent views

Barrister Buhari Yusuf, an Abuja-based lawyer, argued that the speaker has no constitutional backing to announce the recess in the first place. He stated that those who moved and seconded the motion for the recess were not legal members of the house in accordance with the law.

Yusuf highlighted, “.,,Even before they were sacked by the court, the constitution didn’t recognise them, rendering any decision taken by them invalid. The court’s action in sacking them was to align with the constitutional expression of the law. However, the legislature requires a quorum. Therefore, once the new APC members receive their certificates of return, they are legitimately entitled to convene and organise new leadership for the house. Consequently, even the speaker’s election was invalid because those who elected him were not validly sponsored by their party. Therefore, their actions are null and void.’

On the other hand, Barrister P. A. Dusu stated that with the declaration of the recess, the house would remain closed until the expiry date of January 23rd, as announced.

Dusu clarified that “Legally, once the house of assembly is on recess, except for emergencies, it remains in recess until the designated period ends. Any non-urgent activities must wait until the house resumes. The swearing-in of incoming members must be delayed until the house reconvenes.”