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Yar’Adua’s Absence And Issues Of Constitution

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On November 23, 2009, President Umaru Musa yar’Adua was flown to Saudi Arabia for medical treatment. It is now over 50 days and the President has not yet returned or written to the National Assembly in accordance with the constitution.

The President long absence has been attributable to the nature of his ill-health. In his physician’s statement, President Yar’Adua suffered from acute pericarditis, an inflammation of the linning surrounding the heart.

The long absence of the President has apparently heightened the apprehensions of Nigerians over the nation’s political direction and foreign policy especially in the face of united States listing Nigeria on a terriorist watch.

The unending debate over the appropriate procedure to be followed by the President before travelling out for medical treatment has remained unabated with Nigerians having divergent opinions.

Going by the 1999 constitution, the President has the obligation to write to the National Assembly for official leave, thus empowering the vice President to act pending full recuperation.

But the President has not done that resulting in different political permutations.

This flaw has given room to various political groups and eminent citizens calling for strict adherent to the provisions of the constitution. A group of legal practitioners under the auspices of lawyers of conscience have given the President till January 31 to resign or be removed by the National Assembly failing which Nigerians will be mobilized by the group to take their destiny into their hands by any legitimate means possible.

As ministers in the temple of Justice, they have a statutory obligation to critically examine the provisions of the relevant sections 144 and 146 of the 1999 constitution objectively rather than mere statement of sentiment considered on the premises of heating  the  polity.

But the lawyers of conscience must agree that one of the major constitutional problems of this country is the noticeable lacuna in the 1999 constitution. These Lacuna no doubt urgently needs amendment. That is why Nigerians must support the National Assembly to expedite action on the constitutional amendment process in order to address these inadequacies and Lacuna.

We shared in the view of the lawyers that Nigeria cannot be greping in the dark without effective political leader for the past one and half month. But as Nigerians, we need to collectively prays for the quick recuperation of the President and for him to return home and direct the affairs of the country.

However, it is important to evaluate the application of sections 144 and 146 of the 1999 constitution vis-a vis the illness of the President. Section 144 (1) states that the President or Vice president shall cease to hold office if by a resolution passed by two-third majority of all the members of the Executive Council of the federation it is declared that the President or Vice President is incapable of discharging the functions of his office. Section 144 (1) (b) says the declaration is verified after such medical examination as may be necessary  by a medical panel established under subsection (4) of this section in its report to the President of the Senate and the Speaker of the House of Representatives.

The medical panel to which this section relates shall be appointed by the President of the Senate and shall comprise five medical practitioners one of whom shall be the personal physician of the holder of the office of the president or Vice President.

While section 146 (1) states that the Vice president shall hold the office of President if the office of President become vacant by reason of death or resignation, impeachment permanently incapacitate or the removal of the president from office for any other reason in accordance with the relevant provisions of the constitution.

However, the pertinent question is has president Yar’Adua be found incapacitated to perform his official duties due to his illness and long absence?, Is there any laid down certification of his medical incapability to perform the functions of the office of the President? Has any Panel of medical Practitioners certified the President incapable.

Nigerians must collectively pray for good health and survival of President Yar’Adua  but there is need to rise to the challenge of truly ascertaining the exact state of the President’s health.

When the true state of the President’s health is ascertain of being permanently incapable, then the vice president can assume the  position of Acting President rather than some of the nation’s eminent leaders organizing rally over health matter of our President The 1999 constitution should moderate. Our collective conduct towards moving our nation forbard.

 

Philip-WuWu Okparaji

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Lagos Assembly Commotion: Lawmakers Reject Obasa’s Return, Pass Confidence Vote On Meranda

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Members of the Lagos State House of Assembly, on Monday, passed a vote of confidence in Mojisola Meranda as the Speaker of the Assembly.
The lawmakers expressed their confidence in her leadership at the plenary, which Rt Hon. Meranda presided over amidst tight security.
The Tide’s source reports that there was a growing tension at the assembly as legislative workers protested against the alleged plans to remove Rt Hon. Meranda as the Speaker of the Assembly.
The legislative workers also clashed with the operatives of the Department of State Security (DSS) who, in the early hours of Monday, stormed the assembly and sealed Rt Hon. Meranda’s office alongside that of her Deputy and the Clerk.
Our source had reported how armed security personnel took over the complex at Alausa, Ikeja, leading to palpable tension among the lawmakers and workers of the assembly.
There are indications that the ongoing imbroglio at the assembly following the removal of Mudashiru Obasa as Speaker on January 13 has not abated.
The Monday’s drama came a few days after Mr Obasa, who was removed for alleged abuse of office and corruption, dragged the state lawmakers to court, challenging his removal as the Speaker of the Assembly.
There are alleged plans to return Mr Obasa as the Speaker, a development which has further heightened tension at the assembly.
The Tide’s source reports that when Meranda arrived the assembly complex amidst tight security around 11:15 am on Monday, many legislative workers showed solidarity with the first female Speaker over alleged plans to remove her.
“Meranda we want”, “Meranda We want”, the workers were chanting in a short video clip.
Rt Hon. Meranda visibly overwhelmed by emotion was surrounded by her security details amid the chaotic atmosphere.
Inside the chamber, officials of the DSS clashed with the legislative workers, leading to commotion.
The DSS officials, dressed in black jackets and helmets and armed with weapons, struggled with the workers at the door.
The Tide’s source gathered that, with support from the legislative workers, lawmakers had earlier forced their way into the chamber around 12:30 pm.
It was further gathered that Rt Hon Meranda and about 32 members were present at the plenary.
A short video clip of the plenary showed that all the lawmakers in attendance had passed a vote of confidence on Rt Hon Meranda.
“Madam Speaker, all members standing before you, I move a motion to say that we do pass the vote of confidence on Rt Hon Mojisola Lasbat Meranda”, a lawmaker said.
The motion was supported by all members in attendance.

 

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PDP, APC Trade Blame Over Killings In Osun Local Councils’ Crisis

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The Peoples Democratic Party (PDP) and the All Progressives Congress (APC) in Osun State, on Monday, traded words over the alleged killing of three persons.
Members of both parties were locked in battle for the control of some local government secretariats. While two persons were killed in Iragbiji in Boripe Local Government Area, another was killed in Irewole Local Government Area.
There had been tension across the state over the Court of Appeal judgment in respect of the sacked APC council chairmen and councillors.
While the PDP claimed that the Feb. 10 judgment of the Court of Appeal, Akure, did not reinstate the sacked APC chairmen and councillors elected in 2022, APC insisted on their return.
Speaking with journalists in Iragbiji, Korede Ajeigbe, the commissioner for government affairs and protocol, claimed that two PDP members were killed while trying to prevent APC members from taking over a secretariat.
Mr Ajeigbe also said that six PDP members were seriously injured and were currently receiving treatment in the hospital.
APC, however, alleged that PDP members attacked its members while trying to enforce the Court of Appeal judgment.
Addressing a news conference in Osogbo, Bayo Adeleke, a chieftain of the APC, claimed that one of the party’s prominent members was killed during the crisis.
He also alleged that another member of the party, Remi Omowaye, escaped an assassination attempt in Ilesa.
Mr Adeleke, a former commissioner for local government and chieftaincy affairs, urged the state government to allow peace to reign by allowing the APC chairmen and councillors to return to office.
Another chieftain of the party, Jamiu Olawumi, claimed that APC chairmen had resumed in 15 local governments of the state.
This claim, however, could not be immediately verified.
When contacted, the police spokesperson in the state, CSP Yemisi Opalola, said she was yet to be briefed on the alleged killings.
Ms Opalola, however, said police officers had been deployed to all the local government secretariats in the state to prevent breakdown of law and order.
Meanwhile, Gov. Ademola Adeleke has directed workers as well as politicians to stay away from local government secretariats to avoid further bloodshed.
Mr Adeleke, in a statement by his spokesperson, Olawale Rasheed, said only security agents would be allowed to keep watch at the secretariats.
He condoled with families of victims of the crisis.

 

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100 Days In Office: Lawmaker Passes Confidence Vote On Council Boss

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Leader of the 8th Opobo/Nkoro Legislative Assembly, Barrister Samuel Nengia, has passed a vote of confidence on the Chairman of the LGA, Dr. Enyiada Cookey-Gam, as he marked his first one hundred days in his second term in office.
Speaking with newsmen recently in Port-Harcourt on Dr Cookey-Gam and the celebration of his first one hundred days in office, among other people-oriented development projects and programmes, Nengia argued that the Chairman and his team have recorded unprecedented developmental strides, which includes infrastructure transformation, empowerment, security, human capital development, payment of the approved N85,000. 00 minimum wage to Opobo/Nkoro workers’, among others.
He pointed out that his commendation was apt as the activities of the Chairman had been monitored and discovered to reflect the expectations and yearnings of the people, especially, the promotion of council staff, the refurbishment of the Assembly Complex to standard, the construction of Corpers’ Lodge, the provision of effective transportation system for the well-being of the people in the area.
Hon. Nengia, representing Opobo/Nkoro Ward 6, averred that the people of the LGA could now sleep with their eyes closed owing to Dr Cookey-Gam’s achievements in in the security sector.
He added that the vote of confidence the Council’s number one citizen would strengthen him to deliver more democratic dividends to Opobo/Nkoro people.
He admonished Opobo/Nkoro people to rally support for the Chairman to perform creditably well for the well-being of the electorate in the area.
Meanwhile, Barr. Samuel Nengia, has thanked Governor Siminalayi Fubara for appointing three illustrious sons of Opobo/Nkoro Local Government Area into positions of trust vis former Commissioner for Education, Dr. Tamunosisi Gogo Jaja, as Chairman, Rivers State House of Assembly Service Commission; former Secretary of Opobo/Nkoro Local Government Area, Engr. Edward Namiesimagha, as Chairman, Rivers State Waste Management Agency (RIWAMA) and Surveyor Peter Ogolo, as Surveyor-, General of the state.
Hon. Nengia, who described the appointments as well deserved, however, enjoined the appointees to bring their leadership wealth of experience to bear in the herculean tasks of reviving their various areas of jurisdiction.

Bethel Toby

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