Yar’Adua: Fresh anxiety, pressure on FEC, NASS
Politics Feb 19, 2010
By Okey Ndiribe, Asst. Political Editor
There are strong indications that the intense pressure that has been
mounted on the Federal Executive Council this week may be extended to
the Senate President this weekend.
This may become imperative since section 144 of the 1999 Constitution
provides that it is the president of the Senate who should establish
the five member medical panel that is vested with the constitutional
power to examine the health of ailing President Umar Yar’Adua.
The section further stipulates that if the panel – whose membership
must include the president’s personal physician[-submits a report
which indicates that the President is incapacitated to the Senate
president and the Speaker of the House of Representatives, and these
two officers of the national assembly go ahead to publish the report
of the panel in the official gazette of the federal government, the
president would then cease to hold office.
Indeed, sub-section four of section 144 reads in full: “the medical
panel to which this section relates shall be appointed by the
president of the senate and shall comprise five medical practitioners
in nigeria…”
However, subsection I (a) of the same section provides that “the
president or vice-president shall cease to hold office if by a
resolution passed by two-thirds majority of members of the executive
council of the federation (same as fec) it is declared that the
president or vice-president is incapable of discharging the functions
of his office.”
Indeed, the severe pressure that has been piled on fec in the last
few weeks by different groups and individuals is based on this
provision of the constitution.
Already members of the body which is composed of ministers appointed
by ailing president yar’adua have been threatened with jail sentences
for failing to comply with an earlier order that was made by an abuja
high court presided over by justice dan abutu. The judge had ordered
on january 22 that fec within 14 days fec should investigate and pass
a resolution on the health status of president yar’adua in line with
section 144 of the constitution.
Two of the litigants who filed the suit which led to the order that
was handed down to fec last tuesday went back to same the court to
file contempt proceedings against the federal ministers. The
litigants- a former minority leader in the House of Representatives
Alhaji Farouk Aliyu and Sanni Gabbas, chairman of the Jigawa State
Branch of the Nigeria Bar Association (NBA)- want all the ministers
jailed for failing to comply with the order.
Although nobody is sure how events would unfold next week, the
prevailing situation is clearly a fall-out from last week’s
proclamation of Dr. Goodluck Jonathan as Acting President by the
national assembly. However, the proclamation which was anchored on
the doctrine of necessity has generated diverse reactions across the
nation.
Ever since the controversy erupted many have hailed the move by the
national assembly as politically expedient but others have condemned
it as legally defective. For instance, former President of the Nigeria
Bar Association (NBA), Mr Olisa Agbakoba SAN) said he endorsed the
proclamation of the federal legislature even though it was based more
on political expediency rather than a sound legal foundation.
Said he: “the resolutions passed by the national assembly were more
based on political expediency than constitutional law. I think it
represents a good way to move forward to get us out of the cul-de-sac
in which we were. We couldn’t move forward or backward.”
He expressed confidence that those who have gone to court to
challenge the resolutions would not succeed.
“In my view the role played by the national assembly was in order and
I don’t see how a court of law would rule that it was outside the
spirit of the constitution” he said.
Former Governor of Edo State John Odigie-Oyegun shared Agbakoba’s
views.
Commenting on fears that have been expressed in some quarters that the
jonathan presidency could be terminated through a court ruling similar
to how the interim national government headed by Chief Ernest
Shonekan was booted out in the heat of the crisis which trailed the
annulment of the June 12 1993 Presidential election, Oyegun had this
to say: “The Interim National Government that was headed by chief
ernest shonekan and the present administration headed by acting
president Dr. Goodluc Jonathan are not comparable.”
He continued: “under the Shonekan arrangement we had a contraption
controlling an illegal government. It was very different. What is
happening now is totally different. We had a situation in which the
public interest was being severely injured by the inability or
unwillingness of a public official to do his duty.”
The factional chairman of Conference of Nigerian Political Parties
(CNPP) Mr Maxi Okwu expressed a similar view.
Said he: “the resolution of the logjam by the national assembly came
87 days too late, but it is better late than never. Yes, following
strictly, the letters of the constitution, it is a little bit untidy,
but laws are made for man and not man for law. The National Assembly
especially the Senate, invoked a part of the law which we know in
jurisprudence that is applicable to countries that practice common law
which and that includes nigeria.”
He further stated that what was important was that the National
Assembly’s resolution were effective.
“Nigerians have generally accepted it. It is only a few extremists
that are saying no “ he said.
However, several prominent Nigerians have also expressed their
dissatisfaction with the national assembly’s solution to the
constitutional crisis which has pervaded the land as a result of the
long absence of President Yar’Adua. Among those who do not agree
that the federal legislature’s resolutions have moved the nation
forward are the President of the Nigeria Bar Association Mr Rotimi
Akeredolu.
He insisted that only the strict provisions of the constitution should
be applied to resolve the logjam. The Chairman of Arewa Consultative
Forum (ACT) Maj. Gen Ibm Haruna (rtd) also dismissed the national
assembly’s resolutions as unconstitional.
Politics Feb 19, 2010
By Okey Ndiribe, Asst. Political Editor
There are strong indications that the intense pressure that has been
mounted on the Federal Executive Council this week may be extended to
the Senate President this weekend.
This may become imperative since section 144 of the 1999 Constitution
provides that it is the president of the Senate who should establish
the five member medical panel that is vested with the constitutional
power to examine the health of ailing President Umar Yar’Adua.
The section further stipulates that if the panel – whose membership
must include the president’s personal physician[-submits a report
which indicates that the President is incapacitated to the Senate
president and the Speaker of the House of Representatives, and these
two officers of the national assembly go ahead to publish the report
of the panel in the official gazette of the federal government, the
president would then cease to hold office.
Indeed, sub-section four of section 144 reads in full: “the medical
panel to which this section relates shall be appointed by the
president of the senate and shall comprise five medical practitioners
in nigeria…”
However, subsection I (a) of the same section provides that “the
president or vice-president shall cease to hold office if by a
resolution passed by two-thirds majority of members of the executive
council of the federation (same as fec) it is declared that the
president or vice-president is incapable of discharging the functions
of his office.”
Indeed, the severe pressure that has been piled on fec in the last
few weeks by different groups and individuals is based on this
provision of the constitution.
Already members of the body which is composed of ministers appointed
by ailing president yar’adua have been threatened with jail sentences
for failing to comply with an earlier order that was made by an abuja
high court presided over by justice dan abutu. The judge had ordered
on january 22 that fec within 14 days fec should investigate and pass
a resolution on the health status of president yar’adua in line with
section 144 of the constitution.
Two of the litigants who filed the suit which led to the order that
was handed down to fec last tuesday went back to same the court to
file contempt proceedings against the federal ministers. The
litigants- a former minority leader in the House of Representatives
Alhaji Farouk Aliyu and Sanni Gabbas, chairman of the Jigawa State
Branch of the Nigeria Bar Association (NBA)- want all the ministers
jailed for failing to comply with the order.
Although nobody is sure how events would unfold next week, the
prevailing situation is clearly a fall-out from last week’s
proclamation of Dr. Goodluck Jonathan as Acting President by the
national assembly. However, the proclamation which was anchored on
the doctrine of necessity has generated diverse reactions across the
nation.
Ever since the controversy erupted many have hailed the move by the
national assembly as politically expedient but others have condemned
it as legally defective. For instance, former President of the Nigeria
Bar Association (NBA), Mr Olisa Agbakoba SAN) said he endorsed the
proclamation of the federal legislature even though it was based more
on political expediency rather than a sound legal foundation.
Said he: “the resolutions passed by the national assembly were more
based on political expediency than constitutional law. I think it
represents a good way to move forward to get us out of the cul-de-sac
in which we were. We couldn’t move forward or backward.”
He expressed confidence that those who have gone to court to
challenge the resolutions would not succeed.
“In my view the role played by the national assembly was in order and
I don’t see how a court of law would rule that it was outside the
spirit of the constitution” he said.
Former Governor of Edo State John Odigie-Oyegun shared Agbakoba’s
views.
Commenting on fears that have been expressed in some quarters that the
jonathan presidency could be terminated through a court ruling similar
to how the interim national government headed by Chief Ernest
Shonekan was booted out in the heat of the crisis which trailed the
annulment of the June 12 1993 Presidential election, Oyegun had this
to say: “The Interim National Government that was headed by chief
ernest shonekan and the present administration headed by acting
president Dr. Goodluc Jonathan are not comparable.”
He continued: “under the Shonekan arrangement we had a contraption
controlling an illegal government. It was very different. What is
happening now is totally different. We had a situation in which the
public interest was being severely injured by the inability or
unwillingness of a public official to do his duty.”
The factional chairman of Conference of Nigerian Political Parties
(CNPP) Mr Maxi Okwu expressed a similar view.
Said he: “the resolution of the logjam by the national assembly came
87 days too late, but it is better late than never. Yes, following
strictly, the letters of the constitution, it is a little bit untidy,
but laws are made for man and not man for law. The National Assembly
especially the Senate, invoked a part of the law which we know in
jurisprudence that is applicable to countries that practice common law
which and that includes nigeria.”
He further stated that what was important was that the National
Assembly’s resolution were effective.
“Nigerians have generally accepted it. It is only a few extremists
that are saying no “ he said.
However, several prominent Nigerians have also expressed their
dissatisfaction with the national assembly’s solution to the
constitutional crisis which has pervaded the land as a result of the
long absence of President Yar’Adua. Among those who do not agree
that the federal legislature’s resolutions have moved the nation
forward are the President of the Nigeria Bar Association Mr Rotimi
Akeredolu.
He insisted that only the strict provisions of the constitution should
be applied to resolve the logjam. The Chairman of Arewa Consultative
Forum (ACT) Maj. Gen Ibm Haruna (rtd) also dismissed the national
assembly’s resolutions as unconstitional.
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