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.”
Justice Peter Lifu of the Federal High Court in Abuja on Monday brushed aside the order of the Court of Appeal in Abuja which ordered him to stay proceedings in a suit that sought deregistration of the African Democratic Party (ADC), Accord Party and three others.
The Court of Appeal in a unanimous decision of a panel of three Justices had on May 22, 2026 directed the Federal High Court Judge not to proceed with the suit until an appeal pending before them and filed by Accord Party is resolved.
In a Certified True Copy Enrol Order of the Superior Court, Justices Mohammed Danjuma, Adebukola Banjoko and Oyejoju Oyewumi asked the lower Court Judge to stay proceedings until all issues on the appeal filed by the Accord Party were resolved
Governor Ademola Adeleke of Osun State had, through the Accord Party, applied to justice Lifu to join him as a defendant in the deregistration legal battle instituted by a group of former legislators.
The contention of the Osun State governor was that he had a stake in the Accord Party, being the platform he was seeking re-election in the August 15 gubernatorial poll in the state.
In his ruling, Justice Lifu on April 27 ruled against the Osun State governor, rejecting his request to be joined in the suit to defend his own position and interest.
Not satisfied with the Federal High Court decision, the Osun State governor, through his lawyer, Musibau Adetunbi (SAN), moved to the Court of Appeal in Abuja where he challenged the Justice Lifu decision to refuse to allow him join the suit.
After listening to the argument canvassed, especially that he has interest to protect as Accord Party gubernatorial candidate for Osun State governorship election, the three Justices of the Court of Appeal, unanimously directed Justice Lifu to allow them look into the grievances of the governor.
In specific terms, the Court of Appeal Justices directed Justice Lifu not to proceed further with the matter and fixed October 27 to determine the interlocutory appeal of the appellant.
However, when the certified enroll order and notice of appeal were served on Justice Peter Lifu by Mr Adetunbi (SAN), the judge rejected it on the ground that it was a ploy to arrest his judgment in the matter.
Although the judge had adjourned his judgment delivery in the matter indefinitely, he finally made a dramatic turn around on Monday and proceeded to deliver the judgment that has now proscribed the five political parties.
Actor turned politician, Mr Kenneth Okonkwo, has rejected the choice of former Rivers State Governor, Mr Rotimi Amaechi, as the running mate to Alhaji Atiku Abubakar in the 2027 presidential election on the platform of the African Democratic Congress (ADC).
In a statement on Monday, Mallam Bolaji Abdulllahi, the National Publicity Secretary of the ADC, announced the party’s choice of Mr Amaechi.
However in a statement, Mr Okonkwo said that the choice of Mr Amaechi from the South South strengthens the continued marginalization of people from the South East.
According to the former spokesperson of the Labour Party, any arrangement that would not factor a person from the South East either as president or vice president in the party is anti-Igbo.
He contended that Chief Raph Nwosu, who founded the ADC in 2005 and willingly surrendered it’s leadership to Senator David Mark did not do so to entrench Igbo marginalization in the party.
The former actor said: “I heard from the social media that ADC has picked its vice presidential candidate from the South-South. If this is true, it is unfortunate, as this will continue the crude marginalisation of the South-East.
“This geo-political zone has neither produced a president or vice president since 1999. To deny the South-East the opportunity to produce the president or vice president in the ADC in 2027, will amount to perpetuating the marginalisation.
“The ADC was founded by Ralphs Nwosu from the South-East in 2005. He made the sacrifice to give up the party in 2025 for the coalition to usher in a better Nigeria. He couldn’t have made that sacrifice to marginalise his own people.
“I did not join the coalition to assist in marginalisation of my own people further. I am of the opinion that if we made a sacrifice to give up the national chairman and the president, it will amount to unpardonable injustice to deny us the vice president in 2027.
“I joined politics to fight for a better Nigeria where no region, geo-political zone, or person will be marginalised.
“The only favour I asked Atiku Abubakar, who openly declared that he is the pathway to the presidency of the South-East, is to show it by choosing someone from the South-East to be his vice.
“If it is confirmed that he has chosen a candidate from the South-South, I wish him well. I am not favourably disposed to campaigning for any presidential ticket that does not have a person of South-East origin as president or vice in 2027”
The National Chairman of the All Progressives Congress (APC), Professor Nentawe Yilwatda, on Monday said that the numerous projects being executed by President Bola Tinubu across the states in the southeast will give him upper hand over other presidential candidates during next year’s general elections.
Prof. Yilwatda stated this at the Abakaliki Township Stadium during a mega rally organized by the Ebonyi State government and Minister of Works, Senator David Umahi, during which President Tinubu and other APC candidates for the 2027 general elections were adopted.
According to the APC National Chairman, no President had done for the southeast region what President Tinubu has done for them and expressed the confidence that the president would not only win in Ebonyi State but in the entire South East.
Prof. Yilwatda also used the occasion to address growing insinuations in some quarters that Ebonyi State had been conceded to the Peoples Democratic Party (PDP) ahead of the 2027 general elections.
Dismissing the claim, Prof. Yilwatda said the state would not allow the PDP to win any position in the forthcoming general election.
“We will return President Bola Ahmed Tinubu and Francis Nwifuru as Governor of Ebonyi State in 2027.
“We want to return all APC senators, members of the House of Representatives and House of Assembly candidates in 2027.
“Nobody has conceded Ebonyi to the PDP. Therefore, there is no vacancy in Ebonyi State. Ebonyi PDP has no place, and there is no vacancy at all in the Government House come 2027,” the APC National Chairman declared.
He commended the people of the state for their support for President Tinubu and urged them to re-elect him in the next presidential election in appreciation of what he has done for the state and the entire South-East through infrastructural transformation and human capital development.
Governor Francis Nwifuru, who also spoke at the event, said the state had no other presidential candidate for the 2027 general elections apart from President Tinubu.
He declared that Ebonyi remained a stronghold of the APC and vowed that the party would deliver the President in the state.
Gov. Nwifuru said President Tinubu had shown exceptional commitment to the state and deserved total support for appointing Senator Umahi as Minister of Works, a role he said Senator Umahi had performed creditably.
“Ebonyi has no other presidential candidate apart from President Bola Ahmed Tinubu, and we will return him in the presidential election.
“We are standing here today to tell the whole world, especially those using the President’s name to orchestrate division and confusion in this great state, that we have only one party, and that is the APC.
“This statement became necessary because some people are going around claiming they have discussed with Mr President and that he has handed Ebonyi over to the PDP. They are also saying that Chief Nyesom Wike is their leader and that Wike said the President has given Ebonyi to him.
“Ebonyi is not for sale. We are restraining ourselves because the people are with us. Nobody should push us because we have what it takes to confront anyone trying to destabilise us.
“We want to tell Mr President that he has earned our votes. He gave us what we had never had in Eastern Nigeria — the office of the Minister of Works. And this Minister of Works is not sitting idle; he is working,” he stated.
Senator Umahi, in his remarks, said President Tinubu had done what no other President had done for Ebonyi State and the entire South-East by executing numerous projects across the state and the region.
“Ebonyi State is a one-party state under Governor Francis Ogbonna Nwifuru. We are not going to repeat the mistakes of the past.
“President Bola Ahmed Tinubu has done a lot, not just for Ebonyi State but for the entire South-East and other geopolitical zones,” he said.