The military tendency in the Senate President, David Mark, was put to the test at the floor of the Senate as Senator Olufemi Lanlehin (Oyo South) moved to resist Mark’s ruling that a report by the senate committee on ethics, privileges and public petitions which looked into a petition against Senator Robert Ajayi Borofice (Ondo North) should be laid on the Senate floor.
The petition was given to the Senate President, David Mark, by the Labour Party (LP) and Ondo State House of Assembly calling for the sack of Sen. Borofice from the Senate for defecting from LP to Action Congress of Nigeria (ACN), because his action contravenes section 68 (1)g of the 1999 constitution which provides that any serving lawmaker who defects from his or her party to another party automatically loses the seat.
Trouble however started for Sen. Boroffice, (who was elected into the Senate under the platform of the Labour Party), when he fell out with his governor, Olusegun Mimiko, because he (Boroffice) was nursing ambition to become governor of the state.
Sen. Boroffice subsequently wrote to the Independent National Electoral Commission (INEC) saying he has defected to the Action Congress of Nigeria, (ACN) citing conflict within his former party, LP.
However, INEC refuted the claim adding that there was not conflict in the party, which was backed up by the LP.
However, Pointblanknews learnt that the ACN, acting on the hint of the petition by the LP and the moves by the Senate to set in motion the provisions of the constitution on defection of sitting lawmakers, hurriedly alleged that the Senate President was responsible for the travails of Boroffice, a charge Mark described as unfounded and mischievous.
Pointblanknews further gathered that on realising he was fighting a lost cause, Senator Boroffice withdrew his suit against Mark over the issue and pleaded for a way out on the matter, which could have been bungled by Sen. Lanlehin.
At plenary however, the drama over Sen. Boroffice’s petition began when the senate President, David Mark, in keeping with the provisions in the order paper, called for a motion for the petition to be laid at the Senate, thereby providing for deliberation on subsequent day.
But coming under order 97 (4), Sen. Lanlehin raised an objection that the petition has not been presented to the Senate as such it is not known to the senate. He argued that the procedure on how the petition was to be laid is against the rules of the senate.
He said “I am not aware of any petition that was presented to this senate and referred to the senate committee on petitions. The senate is unaware of where this petition is coming from. This petition cannot and should not be laid.”
Mark however explained “I got a petition that was written to me and I referred it to the senate ethics committee. If the Senate does not want to discuss this I have no problem but I will act based on the report submitted to me backed by the committee. I have no problem with that they wrote a petition to me and because it affects a senator I referred it to the ethics committee. But if it is the wish of the senate that they don’t want to take the report I don’t have a problem with it. I will act on the report that I got from the committee. Because I referred the matter to the ethics committee as it affects a senator, I rule you out of other.”
Miffed by the effrontery Mark directed the Senator to second the motion for the adoption of the report.
Refusing to back down, Lanlehin replied “I don’t believe the essence of that motion and I don’t intend to give credence to it. Therefore, with all due respect your excellency I will decline to second the motion”.
Amazed at the response, Mark said “let me also tell you that this report is to be laid to be discussed, at the point of deliberation you also have a right to raise an objection. But I don’t think you have a right to refuse to second the motion. Seconding a motion does not mean you are support a motion because it is not being discussed yet. It is to be laid on the table.”
Seemingly unintimidated, Sen Lanlehin said “the essence of seconding the motion is to the extent of saying that you support the motion. That you agreed with the fundamentals of the motion”.
Mark replied “you know this argument is unnecessary because I just read to Ngige the interpretation of the rules. Let me tell you what you are supporting. First of all you are misleading yourself. You are supporting the report that it should be laid, you are not supporting the content of the report. There are two different things. So don’t mislead yourself please. You must allow me to guide you properly. I just read to Ngige the interpretation of the rules, you can’t do it from there. You can support the motion now.”
Realizing that the motion had not been moved in the first instance, Mark asked Sen Akin Akinyelure to move for the senate do receive the report.
To assert his authority, Mark, asked Sen Lanlehin to second the motion.
Piqued somewhat by the encounter Sen lanlehin, said “in response to my being called, I hereby in response to directive of the president of the Senate of the federal republic of Nigeria, I hereby as being compelled second the motion……”
However, the Deputy Senate President moved in quickly to douse the tension by explaining that the issue is a constitutional matter which provides that any senator who defects from his party will lose his or her seat stressing that the constitution supersedes the senate rules.
He said ” if I understand our colleague what he is saying that the procedure we are adopting is not known to this senate and unless we settle it we might be setting a dangerous precedence. That will not be good for the senate. But I think the issue before us is a constitutional issue. It is not an issue that has to do with our rules. The constitution captures the essence of the matter.
“I believe that what you have done and are doing is covered by our constitution and it is superior to our rules, to that extent our rules are subject to the provisions of the constitution”
Still uncomfortable with the challenge, Mark said “the DSP has gone further, but I think I have to be seen to be extremely fair to all Senators, if I went ahead and took a decision on any senator without bringing it to the house, I think it will be extremely unfair. I have no doubt in my mind that what I did was the correct thing even though lanlehin feels otherwise. But you are entitled to your views. If you think that I forced you to second the motion makes no difference to me. For a senator to second the motion to be laid it will be laid and when the time to consider the report comes, we can take the decision that we think is appropraitae, so lanlehin once more you can second the motion”
Following the refusal of Sen Lanlehin to repeat the motion Mark said asked Sen Hope Uzodinma to second the motion adding “You don’t want to second the motion, fine. But note it that now that I have called you to talk you did not talk, you will not insist that I call you to talk when you want to talk.”
While the exchange lasted, the atmosphere was tensed up as this was the first of such exchange in the Senate ever under the leadership of David Mark, who presides like an emperor according to a senator who spoke off record.
Pointblanksnews nonetheless gathered that a delegation of ACN senators immediately after plenary went to plead with Mark over the issue.