Mark, Tambuwal can declare seats vacant -Nwankwo

What are the consequences of the defections that we are witnessing now; first by the state governors and then by the lawmakers?There are legal, constitutional and political consequences. The political consequence is when you lose an elected person to another party it has serious consequences except where the person decamping is of no electoral value. […]

What are the consequences of the defections that we are witnessing now; first by the state governors and then by the lawmakers?
There are legal, constitutional and political consequences. The political consequence is when you lose an elected person to another party it has serious consequences except where the person decamping is of no electoral value. A governor and a legislator are of electoral value, so any party that loses elected members like the PDP did, should have serious concern. Constitutionally governors are allowed to move to any other party. For an elected legislator, you cannot move unless there is a merger between your party and another or it can also be achieved through division of a party.
It is only a court that can rule over the case between the defected PDP lawmakers to APC, because they said the party has been taken over by some clique which does not take their contributions.
Legally, the law says if there is division in a party, the legislators can move, which the defected legislators have translated among themselves and have decided to move due to what happened at the Eagle Square in Abuja.
What are the political implications for defection?
Losing elected members to another party is a major loss. If the PDP has lost five governors to an opposition party with also a huge number of legislators both at the Senate and the House of Representatives, even in State House of Assembly, if you lose those who campaign, then it will count during the subsequent election.  If I were an official of PDP, I would  be worried, because we cannot have power at the federal level like before.
Does the Senate president have the power to declare any senator’s seat vacant?
The Senate president has the power, just as the Speaker. They are the ones presiding over the two chambers and as contemplated by the constitution, they can declare a member’s seat vacant who has decamped from the party that elected him or her.
 This year being a campaign year, are there going to be any serious legislative work at the National Assembly?
A lot of us are worried about legislative agenda of the government. When I say government I mean the executive. The executive has not pushed a bill , the executive bills have been few and not orderly. The only bill that was signed this year is the same sex marriage bill and it was not pushed by the executive, but the executive celebrated it so much.
The main bill the executive should have pushed is the PIB Bill and it has been so mishandled by putting the face of the petroleum minister on the it, though it existed before she became a minister. It became the hindrance, beyond that we never had this administration to outline a legislative agenda like American President Barack Obama’s executive administration pushed the health care bill, which also led to shutting down of American government until it was passed.
The question is, what is President Goodluck Jonathan’s administration’s legislative agenda? In appointing a Minister of Justice, he should outline his administration’s legislative agenda. There is none that exists that we know of in the past five years. The only reason the legislature exists is to give legal teeth to the executive’s administrative agenda. This administration has shown a failure to move forward the legislative agenda and it shows inability, lack of capacity and failure to push through legal policies. Every administration should have a policy that will be backed by law. Like the policy on waiver which has been abused by the Minister of Finance, Mrs. Ngozi Okonjo- Iweala. If it has been backed up by law, no individual will mess it up.
What is your reaction to the proposed law which seeks power to intercept e-mails and SMS vis-a-vis people’s right to privacy?
As you can see, Nigerians are disappointed about this administration, that it has not delivered half of its promises. Crime level is high, because there are no jobs; no new jobs are being created. Jobs are not created by handing out cash to people; jobs are created by creating new environment; by making all our factories work, when you encourage enterprises by citizens.
The money that should have being applied to building industries and factories are now directed to politics, to seek electoral votes and people are disappointed and I am not talking about the federal government alone, am also talking about the states using the states’ money for politics.  But if we do have impetus at the federal level, then there will be more authority at the federal level to rein back the states.