The Misuse of Constitutional Powers

By

Victor E. Dike

A bunch of sycophants who often troop out to support any actions taken by Chief Obasanjo even if they are anti-democratic or a clear misuse of constitutional authority populates the Nigerian society. The recent selective declaration of a ‘state of emergency’ in Plateau State (and the suspension of its Governor and the Members of the State House) and endorsed by the Congress tells a much bigger story of what is wrong with our society and the Obasanjo administration. Other strange things have happened in the society under his tutelage. The promulgation of Sharia Law in some part of the North in defiance of the federal constitution, the chopping off of arms, stoning and flogging of poor citizens, in the name of religion for petty thefts, but Chief Obasanjo did not blink. And all of a sudden he woke up from slumber to set back the ticking clock of democracy in Plateau State under the pretense of controlling the crisis that has engulfed the state.

No doubt, Nigeria needs a lasting solution to the perennial ethno-religious crises in that part the society. The issue here is not whether a ‘state of emergency’ should be declared or not. There is nothing wrong in declaring a ‘state of emergency’ (as the constitution provides) where there is a break down of law and order or an area ravaged by a natural disaster. But it is awfully wrong and unbecoming of a President to misuse his constitutional powers by removing a democratically elected Governor. Nigeria would be heading down a wrong path if OBJ were given the powers to sack elected officials (no matter the circumstances) -a thing that has not happened in modern history. Appointing a Dictator to rule Plateau State is nothing but an affront on democracy and all it stands for. If one may ask, is this Nigeria’s brand of homegrown democracy? If Governor Dariye was incompetent and incapable of performing his duties (maintaining or securing peace, and stability in the state, as have been noted), a more appropriate and acceptable democratic method should have been adopted to deal with him - one of which is recalling him from office. And if the Governor was corrupt (as most of them are) the appropriate thing should have been to drag him to a court of law or to one of the plethora of corruption-fighting ad hoc committees (ICPC, etc) in the society. We are making history again, because OBJ is not using his ‘good mind’ properly. Thus, as Rene Descartes has noted “it is not enough to have a good mind; [but] the main thing is to use it well.”

Is OBJ already tired of democracy? It looks that he wants to bring back the military through the back door! As mentioned earlier, declaring a ‘State of Emergency’ in a community makes sense if it will improve the condition of things; it makes no sense if it worsens the situation. The appointment of Major-General Chris Alli to rule Plateau State will not solve the problem in the area. Recent reports show that the killings in the area have not stopped and the General is already yelling on top of his lungs ‘threatening’ the people with hell and fire and ‘military invasion’ should the bloodletting continues. The President should tackle the root causes of the problems facing the nation, because any cosmetic surgery will not work! However, it could be that the appointment of the General in place of the Governor to rule the state is a ploy by OBJ to put some dough in his friend’s wallet, as he has already requested some extra funds to administer the ‘Emergency Rule in Plateau State.’

Our political leaders should get serious about shaping the future of Nigeria with progressive social policies. If they have not been busy playing ‘dirty’ and ‘selfish politics’ they could have been able to tackle the complex problems facing the nation today in their infancy. Thus, because of their incompetence, irrational and extreme political behavior -‘the politics of unreason’- a General is now ruling a part of Nigeria - a supposedly democratic society! What is wrong with us? Why can’t we do anything right? Fufiakwa! Truly, many of our politicians are opportunists and crooks hanging on the fence waiting and looking for public funds to grab, and exploiting the ignorance of the gullible masses. Nevertheless, if the society allows Chief Obasanjo to abuse and misuse his constitutional powers he will silence his political opponents with his new found political sledgehammer - a ‘state of emergency declaration.’ With that the society would be heading down the path of social disintegration.

Victor E. Dike, CEO, Center for Social Justice and Human Development (CSJHD), in Sacramento, California, is the author of Nigeria and the Politics of Unreason: A Study of the Obasanjo Regime [London: Adonis & Abbey Publishers, Nov 20, 2003].