Nigeria’s
Senate President Ken Nnamani’s recent outburst
before visiting U.S. Election observers including Dr Madeline Albright
(former U.S Secretary of State) as well as the call for an interim
National Government necessitates this examination of the role of the
National Assembly in contemporary Nigerian Politics. The Senate
President observed, inter alia, that the 2007 General Elections were
rigged by his Party the Peoples’ Democratic Party (PDP) using the
Nigeria Police and the Military. It is a fact that majority of the
members of the hallowed Assembly would not return because they failed to
secure re-nomination. Prior to these remarks, Senate President and a few
Senators had confronted the Party on the ground that their return as
candidates in those elections should have been automatic i.e. they
should have been fielded by the Party without Primaries and blame was
cast at President Olusegun Obasanjo’s feet for the fate that befell
them. Unknown to Senator Nnamani, the Party’s position dovetails into
the score emanating from an objective evaluation of the performance of
the National Assembly by discerning Nigerians. Of a fact, if and when
High public Officials are to be held accountable for
Nigeria’s current
travails the great role of the National Assembly cannot be discounted.
With great respect, this National Assembly (1999-2007) has been a
disaster to
Nigeria and should
a Constitutional Crises or impasse occur its members should be held
responsible. It is culpable negligence of the highest order tantamount
to treason that in eight years, eight good years these high Public
Servants received remuneration from taxpayer’s funds but failed to
deliver.
It is not as if they lacked time or
resources. A formal Bill was presented by the Presidency to amend or
re-pass the highly defective 1999 Abdulsalam Constitution but today
Nigeria has become
a laughing stock of the entire world and risks violent disintegration
due to the failure of its National Assembly to amend the constitution.
Eight good years down the drain and we are still at the point we were in
1999. By persistently confronting the Presidency and impugning the
integrity of the recent elections Senate President probably thought the
attention of Nigerians would be diverted from the failings of The
National Assembly. Perhaps the seeming scarcity of outrage by the common
man gives to the Hon Members a false sense of success performance or
even security. Perhaps those who should talk are busy evaluating the
Presidency and applauding the judiciary but the lacunae is obvious even
to Nnamani’s guests who know that the Senate President of the
United States,
whose Presidency Nigeria mirrors, is very much a part of the Government
including its failures or successes. Could it be that Hon Members felt
rivaled by the National political Reform Conference? Is it that Members
did not appreciate that Constitutional Amendment was a Major legislative
duty? Could it be that they just could care less for the consequences
of non-performance on themselves as well as on the polity? This National
assembly consisted of some of
Nigeria’s best
human materials most of them well educated and comfortable in their own
right but today what is the impression of the common man of them? They
are perceived as a bunch of corrupt hungry and mischievous Politicians.
Perhaps it was the same malaise troubling
Nigeria that
bogged them – competent leadership. A competent Senate Leadership would
have presented
Nigeria with a
parting gift of a brand new Constitution. That is the least expected of
it by the common man and the international community some of whom
listened to Nnamani on the fateful day. A competent Senate leadership
would not embarrass Nigerians by the display in the open monies
allegedly used to bribe Members and carried over the international
media. A competent Senate Leadership would not lightly make threats of
impeachment with some other the ulterior motive nor have to deal with
allegations of bribery and extortion from Ministers (for appropriations)
or Ministerial Nominees (for confirmation). A competent leadership would
not have to be frequently changed like changing shoes due to what is now
popularly referred to as “BANANA PEEL”. (graft) The height of this
legislative aggravation were Senators who perceived it to be their role
to confront and impede the Executive, work against the directives of the
Political Party that sponsored them and some even constituted themselves
into a “get-President Obasanjo” gang. A competent leadership would have
ensured that this National assembly would not go down in history as one
that resisted transparency by refusing to disclose or publish Members
remuneration and allowances.
Now, the 1999 Nigerian Constitution was
never made to be permanent. It was hurriedly put together by the
vacating Military Junta of General Abdulsalam Abubakar. It was never
subject to debate and many of its provisions have been faulted by
lawyers, judges, political Scientists and other Scholars. In some cases,
the said provisions just made no sense. Many hindered rather than
promote justice equity fairness and economic development. A host of them
were anti-Federalism or just plainly ridiculous. A good example was the
provision on Nigeria Police Force that created a Federal Force but went
ahead to prohibit any other. Nowhere in the whole wide world is this
travesty condoned. Abdulsalam and Nnamani should be held responsible
should
Nigeria
disintegrate violently. This document is just a time-bomb laden with
booby-trap of controversy and irresolvable conflicts. But because it is
the supreme law of the land only the National assembly is competent to
amend its unjust provisions. All other (sensible) laws passed before and
after 1999 are deemed void to the extent of their inconsistency. The
Courts as interpreters of the Constitution are deeply embarrassed by its
provisions which have resulted in many cases in unintended miscarriage
of justice.
Nigeria was not meant
to be administered permanently under such a manifestly defective unjust
and irrelevant document but day after day, month after month, our
legislators buck-passed, procrastinated, prevaricated or stonewalled
until eight good years passed and
Nigeria and its
courts are still stucked with its crappy provisions. Nnamani’s Senate
owes
Nigeria an account
as well as apology. This National Assembly has been a complete let down
to Nigerians and a sell-out to the black race.
Another example. The 1999 Constitution
recognizes dual Nationality but bars Nigerians with it from contesting
high National Offices. The Draftsman should have benefited from the
Indian example. Indians reside all over the world. Mahatma Ghandi the
great Indian Leader lived the first 28 years of his life in
South Africa yet
he rose in Indian Politics to become its greatest and most revered
leader. It is not the intention of Nigerians that children of Nigerians
born in the diaspora be ineligible to contest the highest offices in
their fatherland.
Today, the Lagos State Government and the
Federal Government of Nigeria are at logger-heads in court over creation
and finance of Local Governments because a strict interpretation of the
ambiguous provisions of the 1999 Nigerian Constitution resulted in a
judgement each party (Plaintiff and Defendant) claims, is in its favour.
The Military left
Nigeria a
Constitution that institutes its unitary command structure and practice
in national democratic governance. It is sad that the grumbling State
Governors themselves failed to push the National Assembly Members from
their States to action. Because of their selfish desire to take
advantage of and obtain refuge under it IMMUNITY provisions from
imminent prosecution by the EFCC for corruption abuse of office and
unconstitutional and anti-democratic activities. The loud silence of the
legal community was obvious when the ICPC, a body established to combat
corruption by the National Assembly, as well as the Code of Conduct
Tribunal were enjoined by Court orders from performing their
Constitutional duties. In a society that has identified massive
corruption as the greatest impediment to our developmental efforts
legislators and others should have spoken. Lawyers and Journalists were
helpless save to hail these court orders under understandable duress.
Attempts by outspoken Chief Gani Fawehinmi to caution sanity by
evaluating the logic of these decisions were condemned by some other
lawyers known to carry questionable democratic credentials but out to
pay eye and lip service to the judiciary for selfish professional ends
at the expence of national development. The vocal local press, focused
on criticism of the President's war against corruption abandoning their
traditional role of exposing it. Some of the write-ups and criticisms
were no more than paid advertisements by those under investigation.
The Vice President Alhaji Abubakar Atiku
obtained a court order making him virtually irremovable just because
“the constitution says so”. Is it in consonance with the desire and
conception of Nigerians and their democracy that the Presidency be
operated by a President from one Party and a Vice President from the
opposing Political Party? But that is what the
Hon Court decreed, yet
the authority established to right these wrongs stood askance unmoved by
the outcry of the Judiciary for constitutional and Statutory Amendments
as contained in Court Judgements.
The Nation’s Electoral Authority, the
Independent Electoral Commission has been inundated by numerous abusive
litigation brought by citizens claiming “rights” under the defective
constitution. The body’s performance of its lawful constitutional duties
has been hindered by vexatious litigation and orders of doubtful
validity. It is not the wishes of Nigeria’s democracy that its
candidates for electoral offices be screened by Courts of Law (and
courts alone) while its Electoral Commissions transforms into a mere
rubber stamp.
Nigeria
Governors who are fugitives from justice in overseas jurisdictions find
easy sanctuary in the provisions of Section 308 of the said Constitution
and have obtained court orders re-instating them to the very offices
they had abused. In one case, the Governor’s accomplices had been
convicted and the Governor declared wanted by INTERPOL for jumping bail.
Nigeria Police and Law Enforcement community including the EFCC are
considerably hindered while the International Law Enforcement Community
watches with a mixture of ridicule and disgust. They just wonder as we
neutralize each other’s efforts and later complain of victimization in
the comity of nations. A National Security issue is gradually brewing
but the Honourable Members have not been jolted into urgent patriotic
duty. Their attitude as well as the Court orders pursuant to these
defective provisions debilitate public morality, impede standards affect
norms and dilute the Common Man’s notion of right and wrong. Even the
Supreme Court observed that it was immoral for a Vice President to
cross-carpet to a different Political Party from the President’s but the
Court interpretation was that this is permissible under the provisions
of the 1999 constitution. Impeachment of High Public Officials, a
Political Process under the
U.S. Presidential
system has been turned into a legal proceeding wherein the criminal
standard of proof beyond reasonable doubts is required under the said
Constitution.
We must look back and take stock:
How did we get into this legal and Constitutional mess? Having
presented a DRAFT CONSTITUTION to the National Assembly, the Executive
has done its part. The judiciary also interpretes rather than change or
make the law, so, it too, is blameless. Wholesale blame for the mess
lies at the door of the National Assembly – for doing nothing when the
situation DEMANDED urgent Constitutional Amendment. Honourable Members
better go to prayers because responsibility for the mess is likely to go
beyond blames should a constitutional Crises occur. Now it is too late
and the job of giving Nigeria a brand new CIVILIAN as opposed to a
Military-imposed Constitution will be passed on to the in-coming
National Assembly 2007-2011. The job is unlikely to finish in two years
hence it can be safely observed that it has taken Nigeria 10 years to
amend or replace a Military-imposed but defective constitution. It took
the U.S congress just a couple of weeks after September 11, 2001 to pass
the Patriots Acts – the most comprehensive homeland security legislation
known to man. If only to stave off Military Coup, and foster democracy,
it was incumbent upon this National Assembly to amend or re-pass the
constitution. The fact that the Presidency’s Draft contained a tenure
elongation provision is no excuse. “Third Term” was merely a fixation
and obsession of the “get-Obasanjo” clique. Nigerians expect their
representatives to be circumspect enough to sieve the wheat from the
chaff and apply discretion to exclude provision deemed unacceptable. But
in this case, the National Assembly threw away the baby with the
birth-water. Nigerians waited in vain for its own version or just any
member’s draft but alas NO ALTERNATIVE was ever proposed.
The opportunity was missed but the tide in the affairs of
Nigeria hopefully
is not gone. This is inexplicable nay unacceptable. Abdulsalam the maker
and Ken Nnamani the negligent guardian must be held accountable if the
seething disgust and silent resentment of the Nigerian masses over the
lacunae transforms into violent demonstration or constitutional impasse.
Then, any steps taken while the mob is hot would only be tantamount to
medicine after death. The silence of the common man over the
non-performance of the National Assembly must not be mistaken for
approval or endorsement. Nigerian masses appreciate the implications of
a tacit endorsement by their representatives of the unacceptable
behaviour of Governors and the Vice President.
True, we cannot go back to the days of
Military Dictatorship makers of Decrees also executed but this
non-performance forces a questioning of the utility of a bi-cameral
legislature. It was also exasperating for Senate President Ken Nnamani
to call for a two-party system when he was there in the Senate for eight
good years and did nothing about it. Those hoping to profit at this late
hour from this legislative failure better have a re-think. There is no
provision for Interim Government under the 1999 Constitution. President
Obasanjo has shown irrevocable commitment to vacate power come May 29,
2007. The Senate President cannot legally transform into an Interim
President and thereby profit from his own wrong. If the elections
failed, he too, is a part of that failure. (He cannot also benefit from
notorious “set up” defence if he consents or endorses such plans and
the Newspaper counseling him to take over the Federal Government will be
the first sell news of consequences to its readers) The Vice President
steps down with the President come May 29, 2007. The two-term Governors
are already getting ready to go into retirement or to face trial where
allegations of corruption are pending. The Newly elected Governors
cannot be stopped from taking office nor can the incumbents refuse to
vacate even where cases seeking “tenure elongation” are pending in
court. The law is very clear, once elections have held
NO COURT has
jurisdiction to vacate elections except a duly constituted Election
Tribunal upon clearly defined statutory grounds. Tribunal Proceedings
are Statutory. There cannot be a vacuum. President Obasanjo can only be
succeeded by a President elected pursuant to the Constitution and
anything short of that is invitation to anarchy, chaos and violent
disintegration.
Ditto
State Governors.
Whichever way it is perceived, any take-over of the Federal or State
Government or any organ thereof other than as provided under the
constitution is treason. But somebody provided the opportunity (set this
trap) and Nigerians know now who to hold, to put it in popular parlance.
For the sake of posterity, Nigerians must
say NEVER AGAIN to this type of legislative dereliction of duty and
impunity. Nigerians must maintain a pro-active surveillance of
legislative and executive activity as well as evaluate judicial
performance. In the meantime,
Nigeria needs a
brand new National Assembly. One that will act with speed and commitment
upon our legislative concerns and work in harmony with the executive and
the judiciary. One that will demonstrate patriotic zeal, uphold
propagate values.
One that will not just demand but
demonstrate probity and transparency. One that will make a visible
difference and above all – a National Assembly that will amend, re-pass
or legislate a brand new civilian Constitution.
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