I will be guided by the latin maxim “in pari delicto, portio est conditio possidentis”. My class scholar back then Chimaobi Okorie in Law facultyUniben and all other lawyers may feel free to fact check me. At (law) In pari delicto describes a case in which involved parties are mutually or equally at fault. In such cases where a party’s own conduct is mutually wrongful, that party may not claim damages or satisfaction from the other(s) in a court of law. THIS IS TRITE LAW.
Now Tambuwal knows the clear position of the law that he cannot remain as speaker having left the party that sponsored him (PDP). Furthermore, he knows the party he now belongs to the APC, is the minority party and the speaker must come from the party in majority (PDP). It thus follows that he ought to have RESIGNED his position pronto. Tambuwal however was trying to play it smart. He adjourned the house till December, so he could go on getting the emoluments and privileges of a speaker, while seeking better political fortunes in another party (APC). Perhaps it is his hope that should APC fail to pick him as their presidential candidate, he can return to the house as a PDP member with same support of APC and a few PDP cronies. Tambuwal wanted/wants to exploit the unwieldiness of the law. He knows the courts would take time to grant PDP a request to declare his seat vacant. Such cases take forever. Yes Tambuwal wanted to exploit the weakness of the justice system.
For those unaware of the position of the law,
S68(1) A member of the Senate or of the House of Representatives shall vacate his seat in the House of which he is a member if –
(g) being a person whose election to the House was sponsored by a political party, he becomes a member of another political party before the expiration of the period for which that House was elected;
Provided that his membership of the latter political party is not as a result of a division in the political party of which he was previously a member or of a merger of two or more political parties or factions by one of which he was previously sponsored;
Now the issues of the proviso, I leave to lawyers. Be rest assured only that PDP has been adjudicated as not having split. Thus the speaker knows he ought to resign.
Whereas PDP people are not asleep. They know they are the PIMP. (Party in monster power) and you do not mess with a PIMP, by whatever definition, not even Snoop Doggy Dog, the world’s number one PIMP. They have withdrawn his police protection, and I am certain, other attendants and benefits. I expect that the mace would be taken from him anytime soon and a new speaker installed. NOW IT IS TAMBUWAL THAT HAS TO GO TO COURT. It is he who will find the justice system unwieldy.
The question now is, on what grounds will Tambuwal sue? “He who comes to justice must come with clean hands” is that not another legal truism?
Indeed, I have accepted all the arguments against the police saying they did wrong etc, just for this article’s purpose. I am however certain that all the closet APC supporters that argue this position must agree that 1. Tambuwal has no business remaining speaker. 2. Tha he ought to resign immediately. 3. That he was trying to be smart. Consequently, they agree too that he is wrong and his wrong comes first even.
In concluding therefore, the IN PARI DELICTO rule must apply. The PDP will take back the position that is rightfully theirs, hand it to a Yoruba man as they ought have from day one, but for Tinubu’s betrayal of his own people. The balance would be restored AND NOTHING WILL HAPPEN. The lawyers will have their field day arguing, depending on who they support, Sahara Reporter and Premium times will bash the president and PDP, Lai Mohammed and co will issue statements that Doyin Okupe and Abati will counter, Chelsea will continue to lead the Premier league and again NOTHING WILL HAPPEN.
In pari delicto, portio est conditio possidentis. By Ena
