Saraki Can Be Removed By Only 36 APC Senators?

Prof. Itse Sagay, the chairman of the Presidential Advisory Committee Against Corruption (PACAC), says two-third majority of One-Third (36) out of overall Senators can impeach the Senate President, Bukola Saraki.

Is this according to the law or just his opinion again?


Sagay stated this while delivering his address on Thursday at the workshop on the United Kingdom Unexplained Wealth Order (UWO), organised by PACAC, UK National Crime Agency and the Department for International Development (DfID).

Since his defection from the ruling APC to the opposition PDP, calls for Saraki’s resignation has intensified on the basis that the party he defected to does not possess the numeric strength to claim majority at the upper legislative chamber.

According to the constitution, members of the red chamber are to pick their leaders devoid of political affiliation and it was on this note that Saraki emerged the president of the 8th senate.

On the day scheduled for the Senate election, Saraki outsmarted his party members at the Senate – who were waiting for President Muhammadu Buhari to address them before they headed for the red chamber – to emerge the leader of the National Assembly. Similar fate played out at the House of Reps with Yakubu Dogara, emerging speaker of the house.

Saraki and Dogara emerged against the wish of their party, the APC.

For Sagay, the Senate president should step down honourably even if he is not bound by law to do so.

The Senior Advocate of Nigeria said once lawmakers can form a quorum – the minimum number of members of a deliberative assembly necessary to conduct the business of that group – two-third of lawmakers can oust their principal officers. He did not quote any section of the constitution to back up his claim.

“He should relinquish his position as a matter of honour. He’s not compelled by law to do so. He needs to be removed by two-thirds majority,” Sagay said.

“He got there because he was in APC even though he got there by subterfuge, which is typical of him. He got there in a cheeky, fraudulent manner.

“Nevertheless, for him to be removed, they need two-thirds, not of the Senate, but of those present and voting at a meeting.

“It doesn’t have to be everybody. It’s those who happen to be there. Once they meet the quorum of one-third, and he is there, he can be removed by two-thirds of that one-third,” the PACAC chairman said.
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