The Coup at the Nigerian Senate - A Commonsense Analysis!

In politics, betrayal of trust, especially one safely ensconced in the collective wisdom of the majority, is simply a moral failing. It cannot be equated with constitutional infraction or breach of contract, no matter the magnitude. The conduct of Senator Saraki and his collaborators is a high-stakes game of political manoeuvring - chicanery unprecedented in modern-day global politics. Call it disloyalty if you wish, but it is certainly not actionable per se. 

Senator Saraki, aided by the Presidency and PDP, did everything by the book to emerge as the new Senate President. So, as events unfold rapidly, unless Senator Saraki willingly steps down or is impeached, there is nothing Chief Tinubu or APC can do, legally, of course, to undo his new mandate. 

A quorum, once formed (meeting the constitutional benchmark), is not subject to judicial review. However, in circumstances where those eligible to attend the meeting, vote at the meeting, or be voted for at the meeting were physically restrained from attending the meeting or restrained by other deliberate acts recognised by law as unlawful, the aggrieved parties are within protected rights to proceed to a law court for redress.  

Suffice it to add at this juncture that in a political setting, a quorum is not defined on the basis or concerning the percentage of the members of the ruling party, or any party for that matter, present when the vote was taken. On a lighter note, a quorum is colour-blind - it does not recognise party labels or affiliations. 

Therefore, those contemplating a lawsuit or other drastic measures to deal with Senator Saraki and annul his election as the new Senate President should think twice. The law is in his favour despite everything. Yes, there was an understanding within APC membership to vote for a particular candidate for the exalted position - an understanding that was, nevertheless, inequitable but certainly not unconscionable. 

So, it is near certainty that the Supreme Court will not hear the case if ever one is filed. Because a quorum was duly formed, thus satisfying the requirements of the constitution. In addition, the vote was duly taken, without any form of coercion or intimidation on the part of those present and who actually voted on the floor of the Senate.

And given the fact that Nigeria is not a one-party state, the members of APC who heeded the alleged call of the President and proceeded to the International Conference Center as instructed, and therefore, sacrificed their constitutional right to be present on the floor of the Senate at the designated time to cast their vote for a candidate of their choice for the office of the Senate President of Nigeria, did so at their own peril. They did not suffer any redressable harm or injury regarding the decision that was taken (outcome of the vote) in their absence. 

They were betrayed and outmanoeuvred. And once again, real Progressives suffered another knockout blow as a true-blooded PDP member emerged as the new Senate President. (Senator Saraki was a former PDP Governor but presently a Senator under the platform of APC). So, as things are presently, unless Senator Saraki willingly steps down or is impeached, there is nothing APC can do, legally, of course, to overturn his new mandate. 

Alex Aidaghese June 10, 2013