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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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Rivers Political Crisis: PANDEF Urges Restraint, Mutual Forbearance

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The Pan Niger Delta Forum (PANDEF) has called for restraint and mutual forbearance over the recent political development in Rivers State.
The Forum has also set up a high level Reconciliation Committee chaired by a former Attorney-General and Minister of Justice the Federation, Chief Kanu Agabi (SAN).
This is contained in a press statement released in Abuja on Saturday.
The statement was jointly signed by PANDEF’s Board of Trustees Co-Chairmen, Chief Alfred Diete-Spiff, and Obong Victor Attah (a former governor of Akwa Ibom State), as well as PANDEF’s National Chairman, Chief Godknows Igali.

 

Accordingg to the statement, the Board and National Executive Committee of PANDEF, noted with very grave concern the recent spate of political developments in Rivers State.

“Regrettably, these developments have now degenerated into the decision of the Rivers State House of Assembly to commence impeachment proceedings against the governor and deputy governor.

“This is a deeply disturbing situation that demands urgent attention in order to forestall further escalation and breakdown of law and order.

“This concern is heightened by the critical importance and strategic centrality of Rivers to the Niger Delta region and to the broader socio-political stability and economic wellbeing of Nigeria as a whole”, the statement said.

The Forum called on all parties involved in the resurgent political imbroglio to sheathe their swords and embrace peace.

“This should be guided by the principles of give-and-take, dialogue, tolerance, and political equanimity.

“All stakeholders must place paramount importance on peace, development and the welfare of the people of Rivers.

“We must now focus squarely on good governance and development of the state,” the Forum said.

PANDEF commended President Bola Tinubu, the leadership of the All Progressives Congress (APC), respected elders of Rivers State, and other well-meaning Nigerians for their previous and ongoing efforts aimed at restoring peace and stability in the state.

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Wike’s LGAs Tour Violates Electoral Laws — Sara-Igbe

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A prominent Ijaw leader and former spokesperson of the Pan Niger Delta Forum (PANDEF), Chief Anabs Sara-Igbe, has accused the Minister of the Federal Capital Territory, Chief Nyesom Wike, of violating Nigeria’s electoral laws through what he described as premature and unlawful political mobilisation across local government areas in Rivers State.

Speaking in an interview on Saturday, January 10, Chief Sara-Igbe alleged that the minister had flouted regulations governing the commencement of electioneering campaigns by moving from one local government area to another to galvanise political support.

According to him, the action amounted to a clear breach of electoral guidelines being carried out with a troubling sense of impunity that could undermine the rule of law.

“Wike has violated the electoral laws of campaigning by going from local government to local government to talk to the people. He travelled from one local government to another. As a result of his visits to local government areas, he has broken election regulations and continues to do all these things without fear of repercussions”, Chief Sara-Igbe said.

The remarks came as Chief Wike was set to round off a state-wide “thank-you” tour that covered all 23 local government areas of Rivers State.

Although the minister had described the tour as an appreciation visit following support for President Bola Tinubu in the 2023 general elections, critics say the engagements have assumed an overtly political character.

Observers note that during several stops, including recent visits to Andoni and Bonny local government areas, the minister rallied supporters across party lines under what he termed a “Rainbow Coalition,” a move widely interpreted as part of a broader political strategy.

During these engagements, Chief Wike was also reported to have made remarks perceived as a veiled challenge to the authority of Governor Siminalayi Fubara, while repeatedly referencing the 2027 elections and urging supporters to prepare to “correct the mistake” of 2023.

Chief Sara-Igbe warned that allowing such activities to continue unchecked could erode public confidence in Nigeria’s electoral process and called on relevant authorities to enforce existing laws without fear or favour.

 

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EFCC Alleges Blackmail Plot By Opposition Politicians

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In what could be described as a proactive measure, the Economic and Financial Crimes Commission (EFCC) has raised the alarm that some opposition politicians were allegedly plotting to undermine the agency ahead of the 2027 general election.

The Commission, in a statement on Wednesday, claimed that there were plans by the same group to escalate a smear campaign against its Chairman, Ola Olukoyede, to frustrate ongoing investigations and prosecutions involving prominent individuals.

The statement endorsed by the agency’s spokesman, Mr Dele Oyewale, claimed that the action was intended to distract the Commission through unfounded allegations of political bias in the discharge of its duties.

The EFCC warned that it would not stand by and watch “those recruited into this ignoble enterprise” or allow any attempt to derail it from “the patriotic task of improving public accountability in Nigeria.”

The Commission made it clear that those recruited into this venture were under close watch, adding that it would not tolerate any attempt to distract it from the patriotic task of improving public accountability in Nigeria.

“The EFCC reiterates its non-political stance in all its activities. Facts on the ground clearly show that any political actor belonging to the ruling party or opposition party, with corruption baggage, has no hiding place from the operational radar and dynamics of the Commission.

“As a matter of fact, several strong members of the ruling and opposition parties are either facing trial before the courts or being investigated by the Commission.

“It is needful that Nigerians appreciate the fact that the Commission is keeping faith with its Establishment Act in all its operations.

“Therefore, the Commission reiterates its commitment to justice, without fear or favour, in the fulfilment of its mandate,” the statement pointed out.

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