Politics
Yar’Adua: The Politics, The Debate
Many people are worried about the president’s absence which is already having negative effect on state matters. The new President of the Court of Appeal, Justice Ayo Isa Salami, and Chief Justice of Nigeria, Justice Katsina Alu were supposed to be sworn-in by the president after the confirmation of their appointments by the Senate.
Also, the annual National Merit Award list which was due at the end of last year, was also delayed due to the absence of the president.
Apart from this, the National Assembly last November, passed the N353.6 billion supplementary budget, which includes capital spending of about N253 billion. Part of the money is for the rehabilitation of the ex-militants and other post amnesty intervention programmes in the Niger Delta.
However, when it became apparent that the nation may not have a substantive chief justice, the Minister of Justice, Michael Aondoakaa, had to come out and state that the out-going chief justice Idris Kutigi could perform the swearing in on behalf of the president.
Despite protest from some lawyers and civil rights activities; Kutigi had justified the action by saying that the Oath Act of 2004 provides for the swearing-in of the CJN, justices of the Supreme Court, president of the Court of Appeal and justices of the Court of Appeal, among others by the president or the CJN.
Surprisely, Barrister Ibimina Kelechi a legal practitioner based in Port Harcourt, never concurred with this argument, as he said he had already proceeded to the Federal High Court, Abuja to fault the swearing-in of the CJN.
According to him, with the swearing-in of Justice Alloysius Katsina-Alu as the CJN, a constitutional vacuum has been created. Kelechi said, “Nigeria political and constitutional history would never be the same again.”
But Hon. Justice C.J. Okocha does not seem to agree with his learned colleague, as he said the swearing-in and the administration of oath on Justice Katsina-Alu was in order.
Okocha also the former president of NBA admitted that the out gone CJN does not lack the power to administer oath on the present CJN, but noted that there would have been chaos if one arm of government did not have a leadership.
In spite this development, controversies have continued to trail all the executive functions performed in the absence of the president, for example, the off-shore signing of the supplementary budget by the President ran into the fire storm of public discourse. Some were skeptical over whether it was true that Yar’Adua actually signed the budget, whether or not the signature on the N353.6 billion supplementary budget was that of President Umaru Yar’Adua.
A release from the Presidency had stated that the president actually signed the budget in the hospital in Saudi Arabia, five weeks after it was passed by the National Assembly.
Some were cynical whether it was true that his Principal Secretary, David Edebvie, actually took the budget to him in Saudi-Arabia. The pen with which President Yar’Adua allegedly signed the off-shore supplementary budget hardly dried up before the Ijaw National Congress (INC) called for the photograph of the President in action as usual or the signature for forensic verification.
However, the Attorney-general of the Federation, Chief Michael Kaase Aondoakaa (SAN), while contributing to the debate said that President Umaru Yar’Adua “can perform his functions as President from any where in the world”.
According to him, Yar’Adua was not suffering from infirmity of body or mind as to render him permanently incapable of discharging the functions of his office from any where in the world. He noted that the Federal Executive Council, (FEC) which is a creation of the Nigerian constitution, had on December, 2 invoked its powers under section 144 (1) (a) of the 1999 constitution to pass a resolution and declared Yar’Adua fit to continue in governance.
The minister argued that there was no need for Yar’Adua to inform the National Assembly on exercising the functions of his office through the vice president and his ministers as enshrined in section (5) (1) and section 148 (1) of the 1999 Constitution.
Section 5(1) of the 1999 Constitution of the Federal Republic of Nigeria reads: “subject to the provisions of this constitution, the executive powers of the federation
(a) shall be vested in the president and may subject as aforesaid and to the provisions of any law made by the National Assembly be exercised by him either directly or through the vice president and ministers of the government of the federation or officers in the public service of the federation and (b) shall extend to the execution and maintenance of this constitution, all laws made by the National Assembly and to all manners has, for the time being power to make laws, section 148 (1) of the 1999 constitution also reads:
(b) (1) The president may, in his discretion, assign to the vice president or any minister of government of the federation responsibility for any business of the government of the federation including the administration of any department of government. According to him, Yar’Adua has since been delegating the powers of his office to members of the FEC including the vice president.
He said the call by some Nigerians and the reliefs being sought in the pending suits before the court to compel the president to either resign his office or inform the National Assembly of his ill-health to allow Jonathan take over as acting president were unnecessary. The suit was filed by Lagos lawyer, Femi Falana. Aondoakaa argued that in the first place, the case of Yar’Adua’s health was not all that bad to necessitate the invocation of section 145 of the 1999 Constitution.
He said assuming without conceding that it was that bad, the invocation of the provision of section 145, which is one of the principal reliefs being sought by Falana is discretionary.
The section 145 of the 1999 Constitution reads: “whenever the president transmits to the president of the Senate and the speaker of the House of Representatives a written declaration that he is proceeding on vacation or that he is otherwise unable to discharge the functions, such functions shall be discharged by the vice president as acting president.”
But a right group, Socio-Economic Rights and Accountability Project (SERAP), has petitioned the UN Human Rights Council (UNRC), requesting the body to urgently consider the deteriorating economic and social rights situation in Nigeria due to President Umaru Musa Yar’Adua’s prolonged absence from duty, and his failure to empower the Vice President Goodluck Jonathan, to act as president to sign and effectively implement the 2009 supplementary budget, and the budget for 2010.
The petition dated 3 January 2010 and signed by SERAP’s Executive Director, Adekunbo Mumuni, copy of which was made available on line urged the HRC “to simultaneously hold a special session on the non-compliance by the Nigerian government with its obligations in relation to the realisation of economic, social and cultural rights; and to consider this petition under the HRC new complaint procedure established pursuant to resolution 60/251 of 15 March 2006”.
Similarly, a youth group under the aegis of Amalgamated Northern Political Forum and the South Elements Progressive Union, have warned that “Nigeria risks losing its democratic gains of the past years if the country continues to function without a president.”
The group, through their national chairman, Mr. John Yahaya and Joseph Ambakederimo, respectively insisted that those speaking against the president’s continued refusal to follow constitutional process since leaving the country about 42 days ago, should not be seen as hating the president.
The Conference of Nigerian Political Parties, the Action Congress and some prominent lawyers had opposed the legality of Yar’Adua’s signing of the Supplementary Budget in Saudi Arabia.
However, as Yar’Adua continues to stay in Saudi Arabia for medical treatment, his sudden departure “without formally handing over” political analysts say, “will continue to generate controversy among Nigerians, due to the obvious vacuum his absence has created in the act of governing the country at this critical period.”
Governor Douye Diri has set a target of at least one million votes for President Bola Tinubu in Bayelsa State in the 2027 presidential election, while charging the newly inaugurated All Progressives Congress (APC) State Campaign Council to prioritise reconciliation, party unity and collective electoral mobilisation.
Governor Diri gave the charge at the inauguration of the 20-member campaign council at the APC secretariat in Yenagoa, where he warned that internal divisions could undermine the party’s efforts to secure victory for President Tinubu and other candidates at the federal and state levels.
Governor Diri urged party members who were not appointed to the council to support its activities by taking the APC’s message to communities, wards and polling units across the state.
He specifically charged the campaign team to mobilise at least one million votes for President Tinubu, arguing that Bayelsa’s voting strength had increased and should be reflected in the 2027 election results.
“I give you a target that in Bayelsa, we must not bring less than one million votes for Mr President. You are going to campaign, and you have a lot to talk about the President. He has done so much for our people,” the governor said.
He listed the Lagos-Calabar Coastal Highway, the second phase of the Nembe-Brass Road, interventions in the power sector, federal appointments for Bayelsa indigenes and the establishment of the Ministry of Marine and Blue Economy among the achievements the campaign should present to voters.
The governor particularly praised President Tinubu for the coastal highway project, arguing that it reflected federal attention to the development needs of coastal communities.
“No president, alive or dead, has remembered the coastal people and coastal states to say let us do this signature project from Lagos to Calabar. The first president to think about it is Bola Tinubu, and those were the demands of the Ijaw people,” he said.
Governor Diri also expressed hope that a second term for President Tinubu would provide an opportunity to advance demands for fiscal federalism, greater resource control and state policing, which he described as longstanding aspirations of the Niger Delta.
He said the President had shown indications of addressing some of the demands of younger Nigerians and argued that re-election would allow the administration to consolidate its reforms.
The governor further cautioned campaigners against personal attacks and abusive exchanges with political opponents, insisting that the APC should focus its campaign on issues, policies and achievements.
The governor’s mobilisation directive comes amid criticism from the opposition Peoples Democratic Party (PDP), which has questioned his commitment to President Tinubu’s re-election campaign, alleging that APC campaign billboards erected across Yenagoa promote other party candidates without featuring the President.
The PDP, through its Publicity Secretary, Mr Ikaebimo Mark, said the billboards showed Governor Diri urging voters to support APC candidates for the National Assembly and State House of Assembly elections without identifying President Tinubu as the party’s presidential candidate.
Mr Mark described the omission as an indication that the governor was not fully aligned with the APC’s national leadership.
“When we said that the governor, Senator Douye Diri, is not supporting President Bola Ahmed Tinubu, we knew exactly what we were saying. Now Governor Douye Diri has erected APC campaign billboards across Bayelsa State without Tinubu’s picture. He is even afraid to associate himself with the photograph of the presidential candidate of his own party. How can this governor claim to be supporting President Tinubu?” he said.
The PDP, however, maintained that the governor’s public campaign posture raised questions about his commitment to the President’s re-election bid. Its allegation over the billboards now places the issue of the relationship between the state APC leadership and the party’s national campaign among the political questions likely to feature in Bayelsa’s preparations for 2027.
The PDP’s allegation has introduced a fresh political dimension to the APC’s preparations in Bayelsa, even as Governor Diri publicly called on party leaders and members to close ranks and mobilise support for all its candidates.
“Every person picked as a member of this campaign council was carefully scrutinised. I want to tell you that our campaign team is loaded. We parade the best candidates among all the parties in Bayelsa State, and there is no doubt about that,” he said.
He urged members to remain focused and united, warning that political opponents could exploit any divisions within the party.
“Our unity is very important because they would want to feast on our disunity. We will not give them that opportunity. Please, as you carry out this assignment, do not take your eyes off the target,” Hon. Ogoriba said.
SP Edafe explained that during the meeting, the organisers were briefed on the identified security threats and advised against embarking on an open-road procession.
Instead, the police reportedly recommended that the political activities be conducted at a designated venue where adequate security arrangements could be provided.
However, the Command alleged that the organisers disregarded the security advice and proceeded with the road procession.
Meanwhile, the Delta State Government has condemned the political violence that erupted in Asaba, the state capital, on Saturday, confirming that one person was killed while four others sustained serious injuries.
The government described the incident as unfortunate and unacceptable, warning political parties and their supporters against actions capable of threatening public peace, security and democratic participation in the state.
In a statement issued by the Commissioner for Works (Rural Roads) and Public Information, Mr Charles Aniagwu, the government reiterated its zero tolerance for political violence, intimidation and other forms of political misconduct.
Mr Aniagwu said the government had repeatedly cautioned political parties against engaging in activities capable of disrupting the peace, insisting that the incident could have been avoided if the organisers had followed security advice.
According to him, the police had advised the organisers to cancel the proposed street march and instead conduct their political campaign at a designated venue where adequate security arrangements could be provided.
He expressed concern that the advice was allegedly disregarded, resulting in a confrontation that claimed one life and left four other people seriously injured.
The government subsequently called on the police to conduct a thorough investigation into the circumstances surrounding the violence and ensure that anyone found culpable is brought to justice.
Mr Aniagwu further warned that the state government would not tolerate politically motivated attacks against any individual, regardless of political affiliation.
He maintained that Delta State remained safe for residents and visitors, stressing that the government would not allow the actions of individuals or groups to undermine the prevailing peace and security in the state.
The government also urged political parties, their leaders and supporters to conduct their political activities within the confines of the law and demonstrate respect for human life, public order and the rights of other citizens.
The latest development follows an attack on supporters of the Nigeria Democratic Congress (NDC) during a political procession in Asaba, which reportedly left several participants injured and campaign vehicles vandalised.
The government’s condemnation comes amid growing concerns over political violence and the safety of opposition supporters as political activities intensify ahead of the 2027 general elections.
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