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Kogi East Senate Tussle; Clerk OF NASS Lacks Constitutional Powers To Administer Oath On A Senator

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-FHC Judgment Directing Clerk Of NASS To Swear In AM Alfa,In Error,Null And Void,An Aberration and Unconstitutional-Alien Negates Senate Rules ‎;GroupThe clerk of the National Assembly has no constitutional powers to swear in a senator of the federal republic until and unless the amendment of the constitution is carried out by the AssemblyThis is however contrary to the judgment of the federal high court delivered by justice Gabriel Kolawole that directed the clerk to swear in AM Alfa as kogi east senator instead of the Senate President as it remain unenforceableA constitutional lawyer,Barrister Sadiq Abdul has urged the senate,people of kogi east to reject the judgement of ‎the court and warned the INEC on the consequences of issuing a certificate of return without carefully studying the implication of the JudgmentThe constitution of Nigeria was unambiguous about the provisions of the law relating to the procedure of engagements and disengagements of members of the National Assembly and Law makersThe ambiguity occasioned by the judgment of the federal high court by given order of Judgment to the Clerk of the senate,will trigger another lacuna and constitutional crises ‎when carefully studied, and only it’s un-appliicabiilty will give a leeway to legal interpretation of kogi east senate judgement properly‎”According to the provisions,the Clerk of the Senate is the head of management,he or she has nothing to do with administering the oath of office of/on any senator,hence,the order of the federal high court was given to a wrong person”.”Further to these,Chapter 1 Order 7 of the Senate Standing Rules 2015,derived from section 60 of the constitution, obeying such order amounts to violating the constitution as the Clerk of the Senate is not party to the case and such an order of the court cannot be binding on him”.You can’t give an order against someone who is not a party to the suite.He said ‎‎The constitutional provision lies with the Senate President and not the clerk,”who by order of the senate can’t administer an oath of office on a Senator,this has never been done anywhere.However,INEC decision on the issuance of certificate of return is a misnomer and the implication of the certificate issued to him was in bad faithConversely,this is not new as senator Albert Bassey,Akwa-Ibom North,is still in the senate representing his constituency inspite of such certificate issued to Bassey Etim Akpan from the same area.Other instances include, two members of the House of Representatives from Enugu state are typical incidences of this aberration.”There is already a Supreme Court decision that says,once there is a stay of order,an application for stay and notice of appeal, no party by decision of the Supreme Court is allowed to take further action”.nassnewsng.comadeboye omoboye

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