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
Minister of Works, Senator David Umahi, has directed his legal team to resume all court proceedings against Mrs. Tracy Ohiri over her repeated allegations of indebtedness and other claims against him.
Mrs Ohiri had publicly accused Senator Umahi of owing her N280 million for campaign materials from his tenure as party chairman in Ebonyi State.
The allegations went viral on social media, where she also accused the Minister of sexual harassment.
Security agencies arrested Mrs Ohiri, and she was subsequently prosecuted. Her lawyer, Barrister Marshall Abubakar, intervened, leading to the deletion of all posts and a public apology, which also gained widespread attention online.
However, days after the apology, Mrs Ohiri resumed her claims against Senator Umahi.
In a statement issued on Saturday by his Senior Special Assistant on Media, Francis Nwaze, Senator Umahi said he had informed Barrister Abubakar during the intervention that if Mrs Ohiri could provide verifiable evidence, logs, and communications from the period in question, some of his associates were willing to contribute a sum of One Billion Naira (N1billion) to her, evidence which, he said, she had yet to provide.
“The Honourable Minister of Works, Senator Engr. David Umahi, has been monitoring the ongoing public discourse surrounding the claims and counterclaims by Mrs. Tracy Ohiri.
“Ordinarily, this would have been ignored, but in the interest of truth and public clarity, it is necessary to address the issues directly”, the statement read.
The statement clarified that Barrister Abubakar acted in good faith and without any financial interest, motivated solely by a desire to assist Mrs Ohiri.
At no point did the lawyer discuss or negotiate any payment with the minister, although some well-meaning associates independently offered support”, the statement added.
Senator Umahi reiterated the conditions for resolving the matter: either the claims must be tested in court, or Mrs Ohiri must provide credible evidence, including all relevant communications, to substantiate her allegations.
The minister emphasised that Barr Abubakar conducted himself with integrity throughout the process.
“Following the failure to meet these conditions, particularly the inability to provide verifiable evidence, the Minister has directed his legal team to proceed with all court processes to ensure the truth is fully established,” the statement said.
Senator Umahi said despite years of public provocations and attacks, he chose to remain silent, focusing on national and state services.
He thanked Nigerians who had taken time to assess the facts and noted that “not everyone who presents themselves as a victim truly is one, and in some cases, narratives are deliberately inverted.”
The Minister affirmed that he will not be distracted by Mrs Ohiri’s allegations and remained committed to his mandate at the Ministry of Works.
“The focus remains on results, service, and ensuring that Nigerians continue to benefit from projects that improve connectivity, economic growth, and national development. This administration will continue to pursue its transformation agenda with dedication, transparency, and an unwavering sense of responsibility,” he concluded.
A Rivers State High Court sitting in Port Harcourt has adjourned proceedings in a suit filed by three aggrieved members of the Peoples Democratic Party (PDP) to April 14, 2026, for the hearing of all pending motions.
Justice Stephen Jumbo made the pronouncement during a recent sitting in Port Harcourt.
The suit, which borders on the legitimacy of the party’s leadership structure in the state, was instituted against the factional State Chairman of the PDP, Chief Aaron Chukwuemeka, alongside the Rivers State Independent Electoral Commission (RSIEC) and other respondents.
Also joined in the matter are the PDP as a corporate entity, the Rivers State Government, as well as Obio/Akpor, Port Harcourt City and Ogba/Egbema/Ndoni Local Government Areas, including their respective Vice Chairmen and Councillors.
The claimants, Enyi Uchechukwu, Wisdom Kalio and Uche Amadi, approached the court via an originating summons seeking judicial interpretation on the validity of actions taken by the Chief Chukwuemeka-led state executive committee of the party.
Central to the dispute is whether the said executive committee, whose emergence the claimants contend has been nullified by a subsisting court judgment, retains the legal authority to act on behalf of the party in critical electoral matters.
The plaintiffs specifically urged the court to determine whether the factional leadership could validly submit a list of candidates to RSIEC for the purpose of participating in local government elections.
They further questioned the legitimacy of the PDP’s participation in the August 30, 2025 local government elections, contending that any list purportedly submitted by the factional leadership was invalid and of no legal consequence.
In addition to the declaratory reliefs sought, the claimants also prayed the court to grant consequential orders addressing the outcome and conduct of the said elections across the affected local government areas.
At the resumed hearing, counsel representing the PDP and the affected local government councils informed the court that they had only recently been served with the originating processes and accompanying documents.
The defence team, comprising several Senior Advocates of Nigeria (SANs), disclosed that service of the court processes was effected on March 13, 2026, leaving them with limited time to adequately prepare their responses.
Consequently, the defence counsel applied for an adjournment to enable them study the processes and address the legal issues raised, particularly as they relate to jurisdictional questions and points of law.
Counsel to the claimants, Glory Chizim-Chinda, did not oppose the application, following which the presiding judge granted the request and adjourned the matter to April 14, 2026, for the hearing of all pending motions, with a possible ruling expected ahead of the substantive suit.
By: King Onunwor
A former state lawmaker in the old the Rivers State, Professor Alex Eseimokumo, has described Nigerian opposition political parties as mere preposition political parties.
He also advised the country’s electorate against selling their votes during next year’s general elections.
The former legislator, who is also the president of the Institute for Peace, Conflict Resolution and Entrepreneurial Research, said this in an exclusive interview with The Tide on the sidelines of an event organized by the institute in Port Harcourt.
He said opposition political parties in Nigeria have been reduced to preposition political parties as most of them are not only dinning with the government but advising government on what to do to win election.
“The problem in Nigeria is we are not practicing politics the way it is supposed to be.The opposition are more in preposition.
“You see, opposition is supposed to find out things that are wrong in government but in our present day politics, you see opposition even dinning with the other group. So, there is basically nothing like opposition in Nigeria “, he said.
He lamented a situation where some individuals within the opposition are allegedly working hard to prevent their parties from fielding presidential candidates in the forthcoming election, adding that such individuals were only there to protect their personal interest.
Prof. Eseimokumo said as a member of the All Progressives Congress (APC), he could not wish his party to fail in the election, even though nothing is impossible in Nigeria.
He noted that though the government in power has been trying it’s best, there was more to be done.
In his words, “I’m an APC member, so I don’t have the right to criticize my party but a word of advice: we still need to do more, more people oriented leadership where everybody will feel carried along.
“For now, I’m campaigning for APC to be re elected and if I stand here to say APC is not doing well, I’m not being fair to myself. But I think, with God all things are possible, there can be changes”.
On his assessment of the performances of governors of the Niger Delta states, Prof Eseimokumo said the governors were doing well within the limit of their resources.
” I don’t know what is given to them as allocation, but if what we are seeing in terms of window dressing is not window shopping, then they are doing well”, he said.
Meanwhile, Prof. Eseimokumo has advised Nigerian electorates against selling their votes during the forthcoming elections.
He said credible election could only be achieved when the electorates refuse financial inducement during the elections.
According to him, though Nigerian voters had been difficult to persuade, the time had come for them to stop selling their votes.
Prof. Eseimokumo said the forthcoming elections will serve as a litmus test for the Nigerian electorate to demonstrate their desire for changes in the country, stressing that free and fair elections will continue to be a mirage in the country until the was a change in the attitude of the electorate.
“If you want your vote to count, don’t take money from anybody; if you want your votes to count, don’t collect money for your vote. The moment you collect money for your vote, you have sold your conscience”, he warned.
He said his institute will continue to work for peace, not just in the Niger Delta region but across Nigeria.
By: John Bibor
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