Femi Falana, a human rights lawyer, has in a statement on Sunday, April 22, 2018, said that the National Assembly which comprises the Senate and House of Representatives have right to sit for plenary with or without the symbol of authority, The Mace.
According to him by virtue of section 54 of the constitution, either of two houses of the national assembly is competent to sit and conduct proceedings, once the quorum of the members is formed.
He said this while reacting to the incident that happened on Wednesday, April 18, 2018, when some group of hoodlums invaded the hallowed chamber and stole the mace.
Recall that the senate suspended the plenary for a while until a spare Mace was brought.
But in his reaction, as quoted by The cable on Sunday, April 22, 2018, the senior lawyer opined that, “Since the restoration of democratic rule in Nigeria in May 1999, several houses of assembly have been shut down due to the disappearance of the mace which is believed to be the authority of every legislative house in the country.
“Last Wednesday, the senate was invaded by five disgruntled young men in a commando-like operation. During the commando raid the mace on the central table in the senate was snatched and taken away.
“The business of the day could not continue until a replacement was found by the senators. Even though the stolen mace has since been handed over to the senate leadership, there have been strident calls for the prosecution of the invaders.
“Some have even suggested that the suspects be tried for treason. It is curious to know that the national assembly has not deemed it fit to enact a law to protect the mace which is so regularly snatched or stolen by legislators.
“However, while the investigation into the embarrassing invasion of the senate police is in progress it is pertinent to point out that the Mace is not a prerequisite for parliamentary business in Nigeria. In other words, the proceedings of a legislative house cannot be invalidated because of the absence of a mace.
“By virtue of section 54 of the constitution, either of two houses of the national assembly is ‘competent to sit and conduct proceedings’ once the quorum of the members is formed.
“Nowhere in the constitution is it expressly or impliedly provided that a mace shall be provided before the senate or house of representatives or any other legislative house can sit and conduct legislative business”, he said.
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