Lawyer and human rights activist, Femi Falana (SAN), spoke to Sunday Oguntola on the legality of the awards and declaration of June 12 as Democracy Day
HUMAN rights activist, Femi Falana (SAN), commended the Muhammadu Buhari-led administration for declaring June 12 as Democracy Day.
He said: “The conferment of the posthumous national award of Grand Commander of the Federal Republic (GCFR) on Chief M. K. O. Abiola, the acclaimed winner of June 12, 1993 Presidential Election for his huge contribution to the restoration of democratic rule in Nigeria is historic.
“By declaring June 12 Democracy Day, the federal government has officially validated the integrity of the fair and free election that was criminally annulled by the Ibrahim Babangida junta.
“By recognising June 12 as Democracy Day, the federal government has put an end to the hypocrisy of May 29, which was proclaimed by the Olusegun Obasanjo regime.
“By conferring the posthumous award of national award of Grand Commander of the Order of Niger (GCON), the federal government has officially endorsed his enormous contributions to the titanic battle against military dictatorship and promotion of human rights in Nigeria.
“In addition to the historic gesture, the federal government should proceed to adopt Abiola’s Programme of Welfare to Poverty and respect the human rights of all Nigerian people, which Chief Gani Fawehinmi (SAN) defended in his life time.
“In particular, the federal government should mark the first national Democracy Day on June 12, 2018 with the release of all citizens being detained illegally all over the country and immediate compliance with all valid and subsisting court orders.
On legality of the national honours, Falana said: “The Honourable Justice Alfa Belgore, a retired Chief Justice of Nigeria, was reported to have questioned the legality of the decision of President Buhari to confer posthumous awards on Chief M. K. O. Abiola and Chief Gani Fawehinmi (SAN).
“Curiously, his lordship did not refer to any section of the National Honours Act or any other law that has been violated by the President. In like manner, some persons have alleged that the June 12 holiday, declared by the President is illegal on the grounds that the approval of the National Assembly was not sought and obtained.
“With profound respect to the Honourable Justice Alfa Belgore, the National Honours Act has not prohibited or restricted the powers of the President to confer national honours on deserving Nigerian citizens, dead or alive.
“No doubt, paragraph 2 of the Honours Warrant made pursuant to the National Honours Act provides that “a person shall be appointed to a particular rank of an Order when he receives from the President in person, at an investiture held for the purpose…”
“But paragraph 3 thereof has given the President the unqualified discretion “to dispense with the requirement of paragraph 2 in such manner as may be specified in the direction.”
“Therefore, since the national awards conferred on Chief Abiola and Chief Fawehinmi cannot be received by them in person, the President may permit their family members to receive same on their behalf.
“Furthermore, section 2 (1) of the Public Holidays Act stipulates that in addition to the holidays mentioned in the Schedule to the Act, the President may appoint a special day to be kept as a public holiday either throughout Nigeria or in any part thereof.
“It is crystal clear that the President is not required by law to seek and obtain the approval of the National Assembly before declaring a public holiday in the country.”
“In view of the combined effect of the National Honours Act and the Public Holidays Act, the legal validity of the well- deserved awards and the historic holiday has not been impugned in any manner whatsoever.”