Outrage as police strip Tambuwal of security

Tambuwal

House of Representatives Speaker Aminu Tambuwal was yesterday stripped of his security aides – an action that was roundly condemned.

The police said they were acting under Section 68 (1)(g) of the Constitution.

But legalgiants were unanimous in their condemnation of the action.

They described the action as an aberration and an act of lawlessness by the Acting Inspector-General of Police, Suleiman Abba.

The lawyers urged him to order the immediate reinstatement of the security detail as Tambuwal remains the Speaker.

According to them, the police action is illegal and amounts to an abuse of power.

Besides, they said, it is not for the police chief to interpret the Constitution as he is not a court.

The lawyers, who said Abba is dancing to the tune of his paymasters, concluded that he must be “tamed” before he does more damage.

Some lawyers accused him of double standards. They said the security aides of Ondo State Governor Olusegun Mimiko were not withdrawn when he defected to the Peoples Democratic Party (PDP).

Besides, they said the section of the Constitution relied on by the IGP was not applicable in the circumstance.

Former Nigerian Bar Association (NBA) Presidents Joseph Daudu (SAN) and Oluwarotimi Akeredolu (SAN), Mallam Yusuf Ali (SAN), Chief Emeka Ngige (SAN), Norrison Quakers (SAN), constitutional lawyer Ike Ofuokwu and former NBA Ikeja Branch chairman Monday Ubani said there was no basis for the police action.

Daudu described the IGP’s directive as “executive brigandage” and an abuse of power.

He said: “My comment is based on the assumption that it is true that the IGP has withdrawn the Police detail attached to the Speaker of the House of Representatives on account of his defection from PDP to APC in furtherance of his political ambition.

“While I do not support the abandonment by elected politicians midstream of one political party to another for what has become purely personal ambition, the withdrawal of security detail attached to his office while he still lawfully occupies that office is condemnable.

“There exists the principles of separation of powers as the underlying philosophy behind our Constitution and any decision or loss of privileges by the Speaker on account of his pronouncement of defecting is a matter within the exclusive preserve of the legislature.

“If the IGP has any problem with his defecting, he should approach the courts for clarification. This is executive brigandage, to say the very least and a naked abuse of power.  I am not surprised; the Nigerian Police sees itself as a security department of the PDP and the executive, hence it has turned itself into a lackey.

“The Police is the collective property of all Nigerians, Tambuwal deserves police protection without any recriminations.  Nigerian politicians should play mature politics and stop making a fool of themselves. Police protection should be restored to him forthwith.”

Akeredolu said the withdrawal of Tambuwal’s security detail was an abuse of power by the PDP-led Federal Government.

He said in law, Tambuwal remains the Speaker, until he is removed by the court or members of the House or he resigns.

“All the police have done is the bidding of their assumed master – Federal Government and PDP. They are not the court and have no such powers. The Section 68 they relied on does not and cannot avail them because it said a member of the House of Representatives shall vacate his seat, not speakership.

“This impunity will affect the forthcoming elections, if unchecked. It behoves on the Nigerian people to be prepared to fight for their rights. Tambuwal should go to court and seek an order reinstating his security detail,” said Akeredolu.

Ali said the police could not interpret any section of the Constitution because the force is not a court of law.

“What makes a member of the House of Representatives to become the Speaker is the election by majority of the members of the House. Until removed as Speaker by members of the House, he remains the Speaker. The police authorities acted illegally, precipitately, politically and unconstitutionally by the act in question.

“One wonders when the police authorities became a court of law, interpreting the provisions of the Constitution. They should immediately reverse this illegal and provocative action.”

Ngige said the action against Tambuwal was ill advised and “smacks of unbridled intolerance to opposing political views”.

His words: “The action reinvigorates the urgent need for State Police so that the incessant use and misuse of the Federal Police to silence opposing political views will be put under check. The IGP is not a court of law to determine whether the Speaker had violated any law in his defection from APC to PDP. I doubt whether sound legal advice from the Hon. Attorney General of the Federation was sought by the IGP before this malicious action was taken. I hope the Attorney-General will advise the IGP to reverse his illegal action.

“The speakership is not an exclusive preserve of any political party, be it the ruling party or the opposition. The IGP by his partisan action, is confirming the fears long held by many people that 2015 elections will neither be free nor fair and that by the partisan action and inaction of the security agencies, including the police, the election will ultimately lead to the disintegration of Nigeria. It is doubtful whether the House of Reps will ever sit again where the Speaker’s personal security will not be guaranteed.

“If the Federal Government and the ruling party do not want Hon. Tambuwal to remain in office on account of his defection to an opposition party, they certainly know the legal options available to them. Withdrawing the Speaker’s security details is reminiscent of what happened in Anambra State during the political crisis of 2003 and, therefore, calls for  urgent need for a state police so that where the Federal Police is maliciously withdrawn as in the instant case, the state police will be called in to fill the vacuum.

“The IGP should give all the respects due to the office of the Speaker of the House of Representatives, a constitutionally created office and not necessarily the occupier of the office. The IGP should not overheat the polity by his ill advised action.”

Quakers said the police must not be partisan, adding: “There is no law that permits the acting IGP to withdraw the security detail of the Speaker because he defected to another political platform. I believe the provisions of Section 68 (1) (g) of the Constitution are not applicable at this instance. Neither can it be enforced by the police independent of judicial intervention.

“I believe the Speaker, having been appointed sequel to the provisions of Section 50 (1) (b) can only be removed from office as envisaged within the provisions of Section 2 (a) (b) (c). Anything short of this is unconstitutional and unlawful.”

Ofuokwu said Abba “has erroneously dabbled in the arena of partisan politics”, describing the action as irresponsible. He added that the police should have withdrawn Mimiko’s security when he defected to the PDP.

“I sympathise greatly with him because this is all in a bid to get his masters confirm him as substantive IGP. When did the lot fall on the police to interpret the Constitution? It would have been better and responsible for the police not to adduce any reason for this withdrawal of the Speaker’s security details since it’s a privilege and not a right in the first place.”

Ubani called the police chief’s action “barbaric and childish,” saying it amount to impunity. To him, Abba should be “tamed” before he does more damage in a bid to please his pay masters.

He said: “It is an abuse of authority by the IGP. The question to him will be: ‘Whose orders is he carrying out?’ it is illegal to do so. The position as at today is that Tambuwal is still the Speaker and has not been removed by the members of the House. He deserves all the respect and courtesies he is entitled to by law and custom.

“I am sure that Ex-governor Peter Obi of Anambra and His Excellency Olusegun Mimiko of Ondo State have not been denied their security aides as a result of their defections from their various parties to PDP. What of those of APGA lawmakers that defected to PDP recently? Were they denied their security detail as a result of that defection?

“We should not allow this absurdity in our political life. It will certainly not help us as a nation. His is clearly a bad omen for 2015 and an IGP that will be eager to carry out the biddings of a certain political party in power both at the Federal and the states to the detriment of national interest. This impunity should be nipped in the bud now and this new acting IG should be tamed before he develops the fangs of a monster. There is no time.”