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There are indications that the Senate Committee on Ethics, Privileges and Public Petitions has in line with Section 68(1)-(g) of the 1999 Constitution (as amended) recommended the dismissal of the senator representing Ondo North senatorial district, Senator Ajayi Borofice, from the Senate, following his defection from the Labour Party (LP) to the defunct Action Congress of Nigeria (ACN).
Borofice had after his election into the Senate in 2011 on the platform of LP defected to the ACN, where he contested the 2012 governorship primary election.
The report, jointly signed by the Vice-Chairman of the Committee, Senator Hayatu Gwarzo and Clerk of the committee, Mr. Jonathan Toruemi, also recommended that a fresh election be conducted for the seat by the Independent National Electoral Commission (INEC) within 90 days from the date of the resolution of the senate.
It also recommended that Borofice should be allowed to participate in the fresh election.
According to the document exclusively obtained by us at the weekend in Abuja, the Chairman of the committee, Senator Ayo Akinyelure, also of the LP from Ondo State, opted to step aside while the committee’s work lasted, so as to guarantee neutrality in the matter.
Gwarzo and seven other members of the committee, however, considered the petition from the national secretariat of the LP and issued recommendation accordingly.
The committee also stated in the report that officials of the LP, INEC and Borofice appeared before the committee to ensure fair hearing.
LP had in a letter dated December 30, 2011, petitioned the Senate on the matter.
Also, state House of Assembly has sent a copy of its resolution of December 29, 2011, to the upper legislative chamber, urging it to declare Ondo North senatorial seat vacant.
Meanwhile, an Abuja-based legal practitioner, Mr. Dare Owolabi, in a letter dated September 12, 2013, submitted to the office of the Senate President and the INEC the same day, issued a 21-day ultimatum to the Senate President, Senator David Mark, within which the report should be considered and section 68(1)-(g) invoked in line with the provisions of Section 68 (2) of the constitution.
Owolabi stated in the letter that the report was laid before the senate plenary by Senator Akinyelure on October 16, 2012, for consideration and decision.
The letter read: “We are by this letter requesting your office/senate to consider the report of the Senate Committee on Ethics, Privileges and Public Petitions afore-stated and invoke Section 68 (1)-(g) in line with the Supreme Court’s decision in paragraph 8 above. For the avoidance of doubt, Section 68 (2) of the constitution which empowers your good office to so act in here under reproduced: ‘The President of the Senate or the Speaker of the House of Representatives, as the case may be, shall give effect to the provisions of subsection (1) of the section.”
Owolabi stated further that it would be exactly one year in the next 34 days, that the report was presented to the Senate, thereby threatening to sue the upper legislative chambers of the National Assembly if the said report was not considered upon the expiration of the 21-day ultimatum.
“Distinguished Senate President sir, it will be one year in the next 34 days that the same report has been laid in the upper legislative chamber without consideration or decision, and sadly, Borofice is still being illegally serviced by the Senate with taxpayers’ money.”
“Please take note sir, that we may be compelled to approach a competent court of law to enforce compliance if this request is not given effect within 21-day inclusive of the date this letter is received,” Owolabi said.
According to the report, Borofice tried to justify his defection to the ACN in defence to the petition by claiming that the LP was in crisis and that the chairman of the party in the state Dr. Olaiya Oni, resigned the leadership of the party to join the ACN.
He also stated that vice-chairman of the party, also resigned from the party to join ACN.
However, INEC Chairman Prof. Attahiru Jega, and the National Chairman of LP, Chief. Dan Nwanyanwu, in their separate submissions convinced the committee that there was no division within the party as at the time Borofice defected to the ACN.
“It was observed by all members and confirmed by INEC in hard copy that there is no division or factions in LP both at the local and state, and national level to justify the decision of Senator Borofice from LP to the ACN, by seeking the protection of Section 68(1)-(g) of the constitution on the grounds of crises or factions in the LP. His action is therefore considered by the committee as unjustified and unconstitutional,” they said.
Senate spokesperson, Senator Enyinnanya Abribe, could not be reached at the time of filling this report.
