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.”
Operating under the umbrella of the Coalition of Civil Society Network, the group described the ruling delivered by Justice Obiora Egwuatu as unfair and contrary to the spirit of democracy, urging the judiciary to consider the will of the people in its final determination of the matter.
Justice Obiora Egwuatu of the Federal High Court, Abuja, had on Thursday, October 30, sacked Gummi for defecting from the PDP, which sponsored his election, to the APC.
In his ruling, Justice Egwuatu held that it was morally wrong for a politician to transfer votes from one political party to another, stating that “political prostitution must not be rewarded.”
He declared that voters elect candidates based on the manifestos and ideals of their political parties. Therefore, it was both legally and morally unacceptable for an elected official to abandon that platform without relinquishing the mandate.
The court also restrained the Speaker of the House of Representatives, Tajudeen Abbas, from recognising Hon. Gummi as a member of the House, and ordered him to refund all salaries and allowances received from October 30, 2024, to the date of judgment.
Justice Egwuatu further directed the Independent National Electoral Commission (INEC) to conduct a fresh election within 30 days to fill the vacant seat.
The suit, marked FHC/ABJ/CS/1803/2024, was filed by the PDP and its Zamfara State chairman, Jamilu Jibomagayaki, who argued that Hon. Gummi’s defection violated Section 68(1)(g) of the 1999 Constitution (as amended), as there was no division within the PDP to justify his action.
But convener of the coalition, Lukman Muhammad, who addressed journalists at a press conference in Abuja on Saturday, said Hon. Gummi’s defection was a direct result of the unresolved internal crisis within the PDP, which, according to him, crippled the lawmaker’s ability to effectively represent his constituents.
He said: “We believe the court’s decision was unjust and failed to consider the circumstances surrounding Hon. Gummi’s defection. Gummi’s decision to join the APC was necessitated by the unresolved internal crisis within the PDP, which hindered his ability to effectively represent his constituents.
“We affirm that Hon. Gummi’s right to choose his political affiliation is protected by the Constitution and should be respected. We stand for democracy and the rule of law, while also urging the judiciary to consider the will of the people and the greater good”.
He urged Justice Egwuatu to review the judgment, stressing that the ruling could set a dangerous precedent that undermines the principle of fair representation and the rights of elected officials.
The coalition further noted that the judgment has broader implications for Nigeria’s democratic process, as it raises questions about the extent to which lawmakers can exercise their constitutional freedom of association without fear of losing their mandate.
The parties stated that the APC was on the verge of collapse following the recent wave of defections from opposition parties into its ranks.
In separate interviews with The Tide source, spokespersons for the Peoples Democratic Party (PDP), New Nigeria Peoples Party (NNPP), and the Coalition of United Political Parties (CUPP) —Debo Ologunagba, Oladipo Johnson, and Mark Adebayo – respectively, said an implosion was imminent in the APC.
But the APC Director of Publicity, Bala Ibrahim, stated that recent defections to the party were voluntary and inspired by the ruling party’s achievements, not through coercion. He added that the APC was well-structured, capable of managing its internal affairs effectively, and therefore would not experience any internal crisis.
In recent months, the ruling APC has continued to receive several high-profile politicians from opposition parties, particularly the PDP. Among those who have joined the APC are Akwa Ibom State Governor, Umo Eno, Delta State Governor, Sheriff Oborevwori, and the PDP’s 2023 vice-presidential candidate, Ifeanyi Okowa.
Most recently, members of the Enugu State Executive Council defected to the APC, a move followed by Governor Peter Mbah’s official declaration for the ruling party on October 14 in Enugu.
On October 15, Bayelsa State Governor, Douye Diri, announced his resignation from the PDP. Although he has yet to join another party, speculation is rife that he is on his way to the APC.
Similarly, Taraba State Governor, Agbu Kefas, confirmed last Wednesday that he would be joining the APC.
Numerous other politicians, including several lawmakers, have also abandoned their parties to align with the ruling APC.
In his reaction, Hon. Ologunagba predicted an imminent crisis within the APC, expressing confidence that those who defected would eventually return to the PDP.
He stated, “This is the major political party (PDP), and it is the only democratic party in the country. It has structures cutting across all the local governments, all the wards, and of course all the states. In every home, there are members of the PDP, and that is why the APC are jittery, and that is why they are coercing our members, using state resources and state agencies to force members of opposition parties to join the ruling party.
“But in all this, we are sure and confident that very soon, the APC will implode because it is a multipurpose political vehicle that is not going to last. It is going to implode.
“Many Nigerians will see through it and know that the party is not a political party that protects the interests of the citizens. So, they are going to leave the party and move to the major political party, which is the PDP. We are optimistic that before 2027, many Nigerians will join us because this is the truly democratic party and the only party that is out there to protect their interests.”
On his part, Mr Johnson of the NNPP lamented that the wave of defections posed a serious threat to the country’s democracy.
Mr Johnson said, “This is bad for democracy. For our type of democracy, it is important to have a proper and effective opposition. Already, we’ve seen a blurring of lines between the legislature and the executive; some would even say the judiciary. I hope not. I think many people are observing the trend and are unhappy. However, we need to be a bit more patient and see what happens soon.
“When the PDP was in power for 16 years, it was the party many people rushed into. Over time, it imploded, and many of those who joined it turned against it. So, I see that happening to the ruling APC. Definitely. This is because of the nature of Nigerian politicians; many are driven by personal interests. I always say that Nigeria can never truly be a one-party state. Even if only one party exists, it will become factionalised, with different interests and power blocs. Those pushing the country toward a one-party system may not have studied Nigeria’s political history carefully.”
In his remarks, CUPP’s Adebayo stated that the pattern of defections among politicians, particularly governors and lawmakers, was a deliberate strategy by the ruling party to transform the country into a one-party state.
Mr Adebayo said, “It is not accidental; it is a deliberate and strategic effort to entrench a one-party dictatorship. Whether these defections are forced or coerced, one thing is clear: it is an intentional action driven by the ruling party, particularly the President.
“This development is unhealthy for our democracy. It is shameful and stands against everything democratic principles represent. It is inimical to the growth and development of Nigeria as a democratic nation and poses a grave threat to our political stability.
“The implosion of the APC will come before or once it loses power. Most Nigerian politicians lack ideological grounding or principles; their loyalty lies only with the party in power. Political affiliation is tied to ideology and conviction, not convenience. However, the ideology of most politicians is simply the ruling party. If tomorrow the ADC, Labour Party, or SDP wins the presidency, many of these same politicians will abandon the APC overnight. They have no shame, no conviction, and no conscience. Their only motivation is proximity to power.”
In response, Mr Ibrahim of the APC maintained the APC would not face any internal crisis, asserting that it has the capacity to effectively manage its affairs, unlike the opposition.
He stated, “The fact that the opposition are not organised and they cannot organise primaries, neither can they manage their parties, does not mean we are on the same boat with them. Our party, the APC, has been conducting primaries successfully and rancor-free.
“So, the fact that they don’t know how to manage their party does not mean that is the way we run our own party. The APC does not coerce anyone to join. Those joining are doing so willingly because of President Bola Tinubu’s Renewed Hope achievements. Our party is fully prepared. It’s not going to implode; it’s not going to have any issues similar to the issues they have been having.”
Senator Ndume, in a statement on Saturday in Abuja, accused both the executive and legislative arms of complacency, saying their failure to proactively engage the United States government on the alleged persecution of Christians in Nigeria led to the development.
The senator recalled that he had earlier sponsored a motion in the Senate on “Christian genocide” in the country. The motion, he said, led to resolutions mandating the Nigerian government to engage the U.S. with verified facts and figures.
President Trump, last Friday, announced the designation of Nigeria as a ‘Country of Particular Concern’ over alleged persecution of Christians.
President Trump made the announcement via a post on his Truth Social platform, which was also shared on the official White House X handle.
“Thousands of Christians are being killed. Radical Islamists are responsible for this mass slaughter,” President Trump wrote.
But the Nigerian government swiftly rejected the claims, insisting that President Trump’s assessment did not reflect the true situation in the country.
However, Senator Ndume accused the President Tinubu’s administration and the Senate of treating the allegation raised by US lawmaker, Riley Moore, with complacency, prior to President Trump’s declaration, and urged the federal government to take urgent steps to engage the US government with facts and figures on the activities of terrorists organisations which, he noted, were blind to faith.
“I have alerted the government, I even moved a motion. Nigeria is a sovereign state, it isn’t about what the United States can do to us, but about the misconception and the ripple effects of classifying us as a country of concern.
“We should engage the American government by presenting facts and figures. By engaging the US government, we should demand that they hear the other side of the story from the Nigerian government and the Muslim community. Muslims have been killed too. The genocide isn’t against Christians but Nigerians generally,” he said.
