By Abba -Eku Onyeka Abuja
The Senate has been advised to exercise caution before vacating the seat of Senator Enyinnaya Abaribe, who recently decamped to the African Democratic Congress (ADC). Prince Orji Nwafor-Orizu, a constitutional lawyer of note and Principal Partner at Friends Chambers, warns that hasty action could lead to serious political consequences.
Nwafor-Orizu explains that the Constitution is clear on the conditions for removing a senator, and Abaribe’s situation doesn’t meet those conditions. “The law does not act in vacuum, please. The law does not act in vacuum in vacuo, as you call it,” he says.
The constitutional lawyer notes that the Constitution distinguishes between legislators and executive members, with governors free to decamp as they please. However, legislators are bound by different rules, and Abaribe’s decamping doesn’t automatically vacate his seat.
Nwafor-Orizu argues that removing Abaribe could set a bad precedent, allowing party managers to intimidate and remove elected officials at will. “The managers of the political parties, whose members are in the National Assembly, may out of vendetta, out of political intimidation, for whatever reason or blackmail, start writing letters to members of their party who are in the National Assembly, saying that they have been sacked from their party,” he warns.
The lawyer also questions the timing of the move, suggesting that it’s a politically motivated attempt to remove Abaribe. “Leadership is getting they will be talking honestly, but erroneously. Talking honestly as politician is erroneous in law,” he says.
Nwafor-Orizu emphasizes that the Constitution is progressive, not retrogressive, and shouldn’t be applied retroactively. “It’s not retro step, talking about yesterday. It’s not retrogressive. It is progressive,” he says.
The Senate is considering a request to vacate Abaribe’s seat, citing his decamping to ADC. However, Nwafor-Orizu urges caution, saying the move could have unintended consequences.
The constitutional lawyer notes that Abaribe’s decamping doesn’t necessarily mean he’s lost the support of his constituents. “Does the spirit of this law on the Constitution say that if your political party look of laws to be interpreted before you come to that it’s not simple. It’s not as simple as they are looking at,” he says.
Nwafor-Orizu warns that removing Abaribe could lead to further instability in the Senate and undermine the democratic process. “The Senate shouldn’t be in a hurry to vacate the seat of Senator Enyinnaya Abaribe, because it might cause a serious political atrocity, a situation that it may be difficult for us to take care of in the country,” he concludes.
The Senate will likely face intense pressure to make a decision on Abaribe’s seat, with some arguing that his decamping is a betrayal of his constituents, while others see it as a legitimate exercise of his democratic rights.
