Politics
Yar’Adua’s Absence And Issues Of Constitution
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
The lawmaker representing Ipokia/Idiroko Constituency in the Ogun State House of Assembly, Bisi Oyedele, says Nigerian legislature, especially at the state level, has not ceased to be an appendage of the executive because the constitution which guarantees its financial autonomy has not been strictly adhered to.
Hon. Oyedele argued that a legislature that goes cap in hand to the executive cannot perform it functions optimally.
He spoke at a symposium organised by the Forum for Governance Leadership and Value (FGLV) in Abeokuta, Ogun State.
The symposium with the theme: “Enhancing The Value Of The Legislature In Nigeria’s Democratic Process”, was put together in honour of the Senator representing Ogun West Senatorial District, Senator Adeola Olamilekan, who was decorated as the legislative icon in Nigeria.
“The constitution is clear about legislative autonomy in section 121 of the constitution. It states clearly how legislature should be autonomous, independent. Until when that is done in Nigeria, the legislature will continue to become an appendage of the executive.
“I must tell you that if there’s strict adherence to the dictate of the constitution of the Federal Republic of Nigeria, you will begin to see changes in the operationalities of the houses of assembly.
“That’s very important because when you are not empowered financially, when everything you want to do, you have to raise a memo to the governor, we want this; you’re more like at the service of the governor, of which the constitution doesn’t put us under the governor”, Hon. Oyedele said.
He described the legislature as the bedrock of democracy, saying lawmakers should be the ones speaking for the people.
Delivering the lecture, a university don, Prof. Moshood Omotosho, lamented that corruption and lobbying by powerful political ‘cabals’ are major obstacles to effective lawmaking in Nigeria.
The professor of International Relations at the Obafemi Awolowo University, said despite the challenges, the crucial role of the legislature in stabilizing democratic governance through law-making, oversight promoting good governance, amongst others must not be undermined.
He said, “The legislature’s ability to make effective laws can be affected by factors like political gridlock, corruption, and the influence of special interest groups, i.e., lobbying by powerful political mafia in the state, major power brokers, and political cabals.
“The relationship between the executive and legislature can be strained, leading to conflicts that hinder effective governance due to differing priorities and power struggles,” Prof. Moshood explained.
A Federal Commissioner, Public Complaints Commission, Ogun State, Morakinyo Akinleye, who represented Senator Adeola, applauded his strides in lawmaking and empowerment of his constituents.
“The legislature is the closest arm of government to the people. Hon. Solomon Adeola should be commended for his understanding of grassroots needs and his effective committee management,” Akinleye stated.
The convener, Bolaji Adeniji, disclosed that the purpose of the symposium was to have a conversation on how the legislature can add value to the society.
The Leader of the New Nigeria Peoples Party (NNPP), Senator Rabi’u Kwankwaso has accused the members of the party that recently defected to the All Progrssives Congress (APC) of betraying the party and the masses that brought them to power.
He spoke at his Bompai residence in Kano State, when he received supporters of Senator Abdulraham Sumaila (Kano South) who recently declined to defect with him (Kawu Sumaila) to the APC.
“Kano South is a lesson. Voters rejected spaghetti, N200 and Atamfa (wrappers) and were patient to vote for the NNPP. But those who won the election on the party’s ticket decided to abandon the masses to join those who do not have the masses at heart but are only after what they will get for themselves and their families” he stated.
“There is no worse political sin than leaving the party that gave you the opportunity and support but later you abandoned the party. This is the highest level of betrayal,” Senator Kwankwaso added.
Senator Kwankwaso, a former governor of Kano State, appreciated the loyal members for “taking the courage to return to their base,” while predicting that all those who betrayed the Kwankwasiyya Movement would regret their political actions sooner or later.
“Fighting Kwankwasiyya is not an easy task, they will not know until when they engage in the fight,” he said.
Speaking on behalf of the supporters, Muntari Fararawa, said that they came to his home to inform him of their refusal to join the APC with their senator.
“We thought it wise to return home so as to continue to propagate the ideals of the Kwankwasiyya Movement and the NNPP as well as to contribute our quota to the development of our dear state.
“We hope that we will be accepted back and reintegrated into the Kwankwasiyya Movement and the NNPP to enable us to enjoy the same rights and privileges as other members,” he said.
Business mogul and elder statesman, Prince Arthur Eze, has hailed President Bola Tinubu for his historic visit to Anambra State and the Southeast zone, describing it as a clear message of healing and reconciliation to the Igbo.
The business magnate stated this in a letter he sent to the president, a copy of which was made available to newsmen, upon his return to Nigeria from Venezuela, where he had gone for a business endeavour.
“I have seen the joy and excitement elicited amongst our people by your visit to Anambra State.
“To this end I write to thank you specially for the visit to Anambra and by extension to the Southeast,” Prince Eze wrote.
He noted that the visit has gone a long way in healing the civil war wounds of South Easterners and assured the people that there is hope for proper reconciliation and reintegration.
“Today, it has entered the annals of Nigeria’s chequered history that you are the first President of the country, from the Southwest who has taken this historic initiative to visit the Southeast after the bitter civil war with a clear message of reconciling the Igbo with other parts of the nation.
“Nigerians have not forgotten the bitter civil war and its painful relics with its tribal cleavages and dimensions. This visit by you is therefore a giant leap forward and a clear signal that the wounds of that unfortunate era is healable.
“Your pronouncements during the visit are vivid indications that you are indeed a nationalist and a bridge builder who has risen above tribal dogmatism.
“Your actions by this singular visit has sent a message of hope of complete reintegration and reconciliation to the Igbo race.
“This is monumental and a generational landmark that we would continue to cherish and value,” he said.
Prince Eze also expressed appreciation to the president for appointing Igbo sons and daughters into key positions in his government.
“We are appreciative to the genuine concern you have always shown as the President of the Federal Republic of Nigeria, for the cause of the Igbos. You have appointed Igbo sons and daughters to key positions as a mark of recognition for the entire Igbo people of this country.
“You also gave us important ministerial positions which no President before you had done, signaling your appreciation of the people of Southeast extraction.
“I also commend your robust appreciation of the laudable economic and infrastructural development projects accomplished by the Anambra State government under the able leadership of the amiable Professor Charles Chukwuma Soludo. Soludo is a genuine and sincere personality, and every Igboman will support him. Be rest assured that he will ensure massive support for you from the Southeast in the 2027 elections”.
While describing President Tinubu as a true nationalist, Prince Eze pledged his support and those of other Igbo for the re-election of the president in 2027.
“I therefore make bold to say that Igbos, wherever they may reside in this country now have very concrete and genuine reasons to support you and work actively for your re-election in 2027 so that you can do more for the Igbos.
“Once again, I thank you immensely, my dear President, Dike Si’mba!” Prince Eze said.