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.”
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