Tag: impasse

  • Facts behind Nigeria’s impasse

    Facts behind Nigeria’s impasse

    Demands for the restructuring of Nigeria have become an irresistible flood. In desperation, opponents of it are saying strange things. The strangest in the past week is the claim by some in the northern political elite that it is the North that has always provided the revenue for developing the rest of Nigeria! In the interest of truth, and especially in the interest of our youths, most of whom are now so disenchanted as to want Nigeria dissolved, there is need to state the basic and well-known facts of Nigeria’s history. It may not help to save Nigeria – Nigeria seems to have passed that point. But it would, I believe, eliminate some serious errors in our youths’ perception of the course of Nigeria’s failure.

    Before the British came as empire-builders, hundreds of different nations inhabited what is now Nigeria. Each nation had, and still has, its own homeland where it has lived for millennia, its culture and language, and its pattern of governance. The British empire-builders conquered or made treaties with these nations. By and by, the British established two protectorates – a Southern Protectorate and a Northern Protectorate. In 1914, they amalgamated the two to make the one country which they called Nigeria.

    But, in spite of the amalgamation, the British continued to rule the two protectorates separately and differently. The only thing connecting the two was that, because the Northern Protectorate could not generate enough revenue to fund its administration while the South generated surplus revenues, funds were taken from the Southern to pay for the Northern administration.

    It was not until 1949 that the two protectorates were at last given the same constitution as one country. In effect, therefore, Nigeria really became one country, not in 1914, but in 1949.

    In the 1949 Constitution, Nigeria was organized as three regions. The Northern Protectorate was preserved as one region, while the Southern Protectorate was split into an Eastern Region and a Western Region. It was generally understood that Nigeria would soon become an independent country.

    In the course of the 1950s, all the leaders of the three regions (with Sir Ahmadu Bello leading the Northern leaders, Chief Obafemi Awolowo leading the Western leaders, and Dr. Nnamdi Azikiwe leading the Eastern leaders) agreed on a federal arrangement. In a number of Constitutional Conferences, they spelt out the details of the federal arrangement. The leaders from the Northern Region proved the most difficult to persuade about the arrangement. The Northern Regional leaders were fearful that their region was in danger of being relegated to the status of a second-rate part of Nigeria after independence, because the Western and Eastern Regions were very far ahead of the Northern Region in Western education and modern development generally. The northern regional leaders insisted on much autonomy for their region. On occasions, they proposed that Nigeria should be split into three separate countries joined together only by a customs union. On other occasions, they even wanted to secede from Nigeria altogether. So strong was their desire for regional freedom and autonomy.

    Ultimately, the agreed federal structure was finalized and sealed in 1957, giving the three regions, and other regions that might be created afterwards, much freedom over their governance, resources, and development. Each region had its own constitution, coat of arms, and even its own representative in London. On the basis of this federal constitution, each achieved considerable socio-economic success – by developing its own resources: groundnuts and some mining in the North, palm produce and some mining in the East, cocoa, some mining and port revenues in the West. Among these agricultural export products, cocoa was the biggest revenue and foreign exchange earner, making the West the richest region. Federal revenues were derived mostly from subventions from the regions.

    But, in the preparations for independence, the British manipulated Nigeria’s politics and elections, and imposed the northern regional leadership over control of the federal government. They wanted to hand Nigeria to “a friendly people” that they could depend upon to protect British interests after independence.

    And the northern leaders then took advantage of their new position to begin to widen the control of the federal government over the regions – in sharp rejection of their earlier stand for regional autonomy. They planted northerners in key positions in the military.

    Their urge for control resulted in the federal declaration of an emergency, and the imposition of a federal sole administrator, over the Western Region in 1962 – and the rigging of elections in order to impose a federally dependent regional government. These actions provoked a rebellion in the Western Region, and that resulted in January 1966 in a military coup, which removed federal and regional governments and replaced them with a military dictatorship. The coup planners and the resulting military dictator happened to be of Igbo origin. Attempts by this military ruler to cancel the regions infuriated the northern leaders. And the first mass killing of people in Nigeria began, with northern masses killing tens of thousands of Igbo citizens in northern towns. In the course of this, in July 1966, the northerners in the military took over through a coup. The killing of Igbos continued in the North. The Igbo then tried to secede, and a 30-month civil war ensued, resulting in nearly two million Igbo deaths. Thereafter, northern military officers organized coup after coup, and appointed northern military dictator after northern military dictator. Hausa-Fulani control, and the centralization of power over Nigeria, advanced.

    As these conditions have worsened, more and more Nigerians, mostly from the South (especially, at first, from the South-west) have raised their voices to demand that Nigeria should return to the federal structure agreed upon in 1957. In the face of escalating poverty and chaos, the cry for “restructuring” has become very widespread and intense.

    But most of the northern political elite have rejected restructuring point-blank. Some have even threatened that their North would start a war rather than agree to restructuring.

    What, then, are these northern elite fighting for by resolutely defending the present structure of Nigeria? First and foremost, the present structure represents a very high level of success of the Hausa-Fulani ambition to dominate Nigeria. They see Nigeria today as, more or less, their “conquered territory” – and they cannot resist behaving like conquerors. And then, there are the enormous material gains from their position of dominance. It is commonly publicly stated that at least 80% of the allocation of oil blocks from the Niger Delta are, at any time, held by northerners. In fact, the northern elite often cannot restrain themselves when talking about the Delta oil. For instance, in a recent meeting whose deliberations became public worldwide – a meeting of highly placed elders of the North – speaker after speaker rose to claim that the oil of the Niger Delta does not belong to the people of the Niger Delta but to the North. Some have even made the strange claim that the oil should belong to the North because it originally flowed from the North to the Delta! The northern elite are also defending the present structure of allocation of funds from the federal centre to the states. The federal allocations are mostly from revenues derived from the Delta oil as well as the Value Added Tax (VAT) derived mostly from Lagos State. That has left most of Nigeria’s resources undeveloped.

    In contrast to this, those advocating restructuring want that each state should develop its resources, develop much Internally Generated Revenue (IGR) just like the pre-independence regions, and thereby make its own contribution to the overall progress of Nigeria. The northern elite mostly reject it; they want the federal centre to remain all-controlling, rolling in funds, and generating wastefulness and corruption.

    Frightening chasms now separate our different nations? We have allowed over-centralization to do irreversible damage all round. Almost all the youths of all our nations now want separation. And we their parents mostly agree. Most of our nations are tensed up, and bloody conflicts lurk close to the surface. Must we wait until violence, war, chaos and streams of blood actually materialize?

  • Resolving Gambia’s political impasse

    SIR: The current political impasse in The Gambia is a by product of a democracy-driven political contestation that has gone sour. It was a struggle for power and authority to control the highest office in the land, the presidency. The election in question actually produced a winner in the person of opposition leader, Adama Borrow, who defeated the incumbent, Yahya Jammeh, who is a legend of a sort now in the comity of long-serving African leaders or heads of state.

    The good news, until recently, was that the outgoing president, the defeated “father” of the nation, congratulated the in-coming president immediately after the election. However, when the opposition shouted on their rooftops that, the outgoing elder statesman and president will be comprehensively probed, the papa of the nation smelt a rat, revisited the done election, saw some holes, and shouted back – I will no longer accept the election as a free and fair one. The election must be nullified and a new one must be conducted. So The Gambia landed itself in a deep, still brewing political impasse that may explode the nation.

    All known and well-respected individuals including presidents of all the nations and multinational and multilateral organizations have denounced the volte-face of the out-going president. Some have threatened fire and brimstone. Surely, a war is in our hands. And what do we do as peace lovers and advocates?

    Number one fact is that the in-coming crop of leaders made a mortal mistake. The mistake is this; they began to eat their cakes ever before the cakes are given to them. Why announce to the whole world that the outgoing president will rot in jail? This is an error, The Gambia like most countries in Africa is a near failed state in transition, therefore, an incumbent should be settled/pampered/paid like brutal warlords with comparative advantage, to leave the stage.

    As a solution, the outgoing president, Yahya Jammeh, should be allowed immunity against all probes and prosecution as long as he lives. Former president of Ghana, J. J. Rawlings still enjoys a similar legal cover.

    War, cannot be an option in The Gambia. Let us avoid it. We cannot afford to take actions that would result in loss of innocent lives of ordinary poor Gambians. International terrorists with weapons of mass destruction, drug gangs and other war entrepreneurs such as the “developed” countries’ defence industries, will cash-in on the situation in The Gambia if we let it degenerate into a war.  The result will be a long war that may consume all of us. Therefore, let us together ease the big masquerade with all fanfare out of the village square.

    • Charles, Alfred (PhD)

    Federal University Wukari, Taraba State.

  • Ikpeazu seeks halt to solidarity visits on governorship impasse

    Abia State Governor Okezie Ikpeazu has called for a stop to solidarity visits to him, following a court declaration of Dr Uche Ogah as the governor.

    The governor urged Abia State residents to live in peace and focus more on developmental issues.

    In a statement at the weekend by his Chief Press Secretary, Enyinnaya Appolos, the governor said he had been overwhelmed by the outpouring of love and solidarity, following the court verdict.

    The statement reads: “I wish to thank Abians for the massive and unprecedented outpouring of love and solidarity from all segments of the society to me since the attempted coup against my government by desperate power seekers.

    “I am particularly grateful to those who prayed for me, paid solidarity visits and called to express support to me and my government. I pray that the Almighty God, who alone richly rewards and answers all good prayers, reward and answer your fervent prayers, in Jesus name.”

    Ikpeazu enjoins Abiam residents and friends to continue praying for him and his government.

    The governor, who prayed for the wisdom of Solomon, quoted from 1King 3:9, asking: “Who is able to govern this great people” of God without Him?

    The statement added: “I have taken note of the cost and risk of Abians who mobilise to Umuahia (the state capital) to pay solidarity visits to me, almost on daily basis, and wish to underline the fact that their sacrifices are well appreciated.”

    Ikpeazu pledged to serve Abia residents better and take decisions that would enhance the wellbeing of the people.

    The governor advised the residents to perform their daily pursuits and stop further solidarity visits on the governorship impasse.

    rule of law and stopping corrupt individuals from using illegally acquired wealth to buy immunity from prosecution through the backdoor.

    He said his administration would always support the war against corruption because he was convinced that corruption was antithetical to peace and development.

    Ikpeazu advised his political opponents and those interested in Abia development to join hands with his administration to ensure its progress.

     

  • Southeast elders urge CJN, others to  resolve Abia impasse

    Southeast elders urge CJN, others to resolve Abia impasse

    A group of Southeast elders has appealed to the Chief Justice of Nigeria (CJN), the Attorney-General of the Federation (AGF) and the Department of State Security (DSS) to compel the Chief Judge (CJ) of Abia State to swear in Dr. Uche Ogah as governor.

    The group, under the aegis of Ndigbo Bu-Otu Union, said allowing Dr. Okezie Ikpeazu to continue in office as governor could trigger a major constitutional crisis in the state.

    In a statement yesterday in Abuja, the group said the decision to involve the highest judicial and security institutions in the Abia State governorship impasse was part of the resolutions the group took at an emergency meeting in Aba.

    The statement by the union’s National President, Igwekala Ugomaduefule, said it was illegal for Ikpeazu to remain in office as governor after his Certificate of Return had been withdrawn by the Independent National Electoral Commission (INEC).

    Ugomaduefule said it was the first time in the nation’s political history that someone was occupying an elective office without a Certificate of Return issued by the electoral body.

    The group argued that Ikpeazu should be made to quit his seat while pursuing his appeal against the judgment of a Federal High Court which sacked him and ordered that Ogah be sworn in.

    It said: “If he eventually succeeds in the appeal, he will return to office after the INEC must have issued him another Certificate of Return.”

    Citing Section 71 of the Electoral Act, Ndigbo Bu-Otu Union, noted that INEC was mandated to issue a Certificate of Return within seven days to a candidate who has won an election as proof of his/her win.

    It noted that in a case where a court declares another person the successful candidate in an election, the Certificate of Return should be issued to the successful candidate within 48 hours.

    The statement said: “The Attorney-General of the Federation and Minister of Justice, as the Chief Law Officer of the Federation, must rise to the occasion and forestall a political crisis in Abia State by directing the Chief Judge to immediately swear in Dr. Uche Ogah, who, in the eye of the law, is today the only legitimate governor of Abia State.

    “The CJN should equally cooperate with the Attorney-General of the Federation to ensure the Abia Chief Judge performs his constitutional responsibility unhindered by swearing in Dr. Ogah immediately.”

  • Governors’ Forum worried about Abia impasse

    The Nigeria Governors’ Forum (NGF) is worried about the political stalemate in Abia State, where two courts of coordinate jurisdiction have issued conflicting judgments on the governorship seat.

    Chairman of NGF Zamfara State Governor Abdulaziz Yari, said the governors are working behind the scene to ensure there is no breakdown of law and order in the state.

    He spoke yesterday in Sokoto while addressing traditional rulers from Abia State during a condolence visit over the death of renowned politician Umaru Shinkafi.

    Yari pleaded that claimants to the governorship seat should respect the courts and avoid acts that will lead to violence.

    The royal fathers were led by the Chairman of South East Council of Traditional Rulers and Abia State Traditional Rulers’ Council, HRM Eze Eberechi N. Dick.

    “As a forum, we are concerned about what is going on in Abia and we are working to ensure all sides respect the courts, and uphold peace. Abia is known for peace, as such we should not do acts that will disturb the peace of the state,” Yari said.

    Sokoto State Governor Aminu Waziri Tambuwal said Sokoto state has a long-standing relationship with the people of the South East and the visit of the traditional rulers on a condolence had reaffirmed that relationship.

    Tambuwal said rather than lay emphasis on things that divide the country, Nigerians should dwell on those things that unite the nation.

    “We are all on journey to unity, stability and progress of our dear country.

    “The Abia State governor is a very good friend of mine, so I am praying for him to overcome the present challenges he’s facing as a public officer,” he added.

    On Shinkafi, Tambuwal described him as a man of wisdom and integrity who enjoys the respect and admiration of all Nigerians.

    “No doubt, Shinkafi is the father, and architect of Nigeria’s modern security apparatus. His ideas and handwork gave birth to our present security structure, so he fully deserves all the enconmiums that have come his way since his passage,” the governor added.

    Eze Eberechi commended the Sokoto State government for the warm relationship between indigenes and residents of other states, especially those from South East, living in Sokoto.

  • Presidency, lawmakers meet to resolve impasse

    Presidency, lawmakers meet to resolve impasse

    To avert a fresh lockdown on the 2016 Budget, a government delegation led by Minister of National Planning, Sen.  Udoma Udo-Udoma yesterday began talks with Speaker of the House of Representatives,  Yakubu Dogara and top leaders of the National Assembly.

    Senate President  Bukola Saraki is expected to join the reconciliation team today (Monday) after cutting short his trip abroad.

    But a  former Vice Chairman of the Senate Committee on Interior, Senator Olubunmi Adetunmbi, yesterday asked the Presidency and the National Assembly to avoid a budget showdown.

    He said the budget impasse must not be allowed to proceed beyond now.

    He said the absence of a National Development and Implementation Plan  is largely responsible for this annual budget imbroglio.

    According to investigation, the two arms of government opened reconciliation talks to resolve the eight sticky points in the budget details forwarded to President Muhammadu Buhari last Thursday.

    A top source said: “The Presidency and the National Assembly leaders on Sunday started talks on how to address the eight grey areas in the budget details sent to Buhari.

    “I may not be able to give you the full list of those at the session but I know that the government delegation was led by the Minister of National Planning and the National Assembly’s team headed by Speaker Yakubu Dogara.

    “The two arms of government are trying to resolve all issues raised by the Executive amicably before the President returns from China.

    “Certainly, the discussion so far on Sunday has been cordial. The President of the Senate, Dr. Bukola Saraki, who travelled abroad has decided to cut short his trip in order to join the harmonisation talks.”

    Responding to a question, the source said: “One of the issues which generated debate at the session was the lawmakers’ anger about the expunging of the Calabar – Lagos rail  line from the budget details.

    “The lawmakers said the project was not part of the Appropriation Bill submitted by the President. They said they were shocked that the government could be scandalising  them in the press.

    “But the government delegation insisted that it was part of the amendments submitted to the National Assembly after the padding was detected.”

    The areas of talks last night are as follows:

    • Removal of the Coastal Railway project after N60b counterpart funding was provided
    • Expunging of the Calabar – Lagos rail  line
    • Reduction of votes for the completion Idu-Kaduna rail project by N8.7b
    • Drastic reduction of allocations for the completion of all major road projects,
    • NASS inclusion of new roads by which studies have not even been conducted.
    • Proposals made for the purchase of essential drugs for major health campaigns like Polio    and AIDs  removed
    • Allocations  for diversification projects under Agriculture and Water Resources to were either removed or reduced
    • Diversion of funds to rural health facilities and boreholes for which provisions have been made before.

    But a  former Vice Chairman of the Senate Committee on Interior, Senator Olubunmi Adetunmbi, yesterday asked the Presidency and the National Assembly to avoid the budget showdown which had been affecting  the country since 1999.

    Adetunmbi, who made his views known in a statement in Abuja, said: “Legislative oversight on budget and appropriation should neither be a battle of wits nor a contest of will power. This appears to be what has informed the fiasco between the National Assembly and the Executive Arm of government.

    “ It is rather confounding that the expected fraternal relationship that should exist between the Parliament and the Executive, controlled by the same party, has given way to a national en passé with negative consequences for the delivery of economic development which the change agenda promised the Nigerian people.

    “Without prejudice to the constitutional doctrine of separation of powers between the Executive and the Parliament, the timely passage of budget is a fundamental responsibility of state on which both arms must of necessity collaborate in the best interest of the nation, in furtherance of good governance and delivery of the dividends of democracy.

    “ Given the nature of Nigeria’s ethno-religious plurality, our democracy must strive to be participatory and inclusive to avoid petty political schisms, the type we are currently witnessing. This can be achieved without compromising the time valued doctrine of constitutional separation of powers.

    “The fighting for turf between parliamentarians and the Presidency on matters of national budget has been a harrowing recurring decimal and bone of contention since 1999.

    “ It is neither new nor peculiar to the 8th Assembly and the Buhari Presidency. It is an excruciating debacle and foreboding culture that is detrimental to the implementation of any budget which must not be allowed to proceed beyond now.”

  • Unravelling Kogi governorship impasse

    Unravelling Kogi governorship impasse

    The recent inauguration of Yahaya Bello as governor of Kogi State without a deputy is a novel development. To resolve the matter requires the intervention of the court to provide clarification, RAYMOND MORDI and LEKE SALAUDEEN, who spoke to lawyers and other stakeholders, report. 

    Kogi State made history recently as its fourth elected governor, Yahaya Bello, was sworn in without a deputy. The person who was supposed to be his deputy, Abiodun Faleke, is challenging the legality of the emergence of Bello as the All Progressives Congress (APC) flag bearer, following the demise of the former governorship candidate, Prince Abubakar Audu. With the current state of affairs, the party has mandated Governor Bello to choose a deputy he can work with.

    But, opinions are divided among legal practitioners on the matter. Senior Advocate of Nigeria (SAN) Chief Albert Akpomudje, believes the governor represents the substance and that it is only when the governorship candidate is not in place that there will be an issue. He said: “The main man is there. It is only when he is not there that there can be serious issues. The governor can be sworn in while the issue of his deputy can be regularised subsequently.”

    Similarly, the APC National Legal Adviser, Dr. Muiz Banire, said there is no law that says a governor must be sworn in with a deputy governor. What the law provided for, he added, is that a governorship candidate must contest with a running mate and Yahaya Bello fulfilled the condition. He added: “The governor contested with a deputy. Secondly, no law says that a governor cannot be sworn in, in the absence of a Deputy. Hence, the requirement of the law for valid nomination has been met.”

    Former Chairman of the Nigerian Bar Association (NBA), Ikeja Branch, Mr. Monday Ubani agrees. He said swearing-in Governor Bello without his deputy in attendance is not strange. According to him, it was not Bello’s fault. It was the deputy governorship candidate nominated by his party that failed to make himself available at the swearing-in. Ubani pointed out that Bello had a deputy at the time he was declared winner of the governorship poll.

    Ubani explained: “There is a provision in the constitution for a governor-elect who failed to turn up for swearing-in to be replaced by his deputy but the same constitution does not make such provision for the deputy governor-elect. Since Mr. James Faleke has declined to serve as deputy governor, Bello has the right to pick a new deputy and send his or her name to the State House of Assembly for approval. He said the fact that a deputy governor-elect stayed away from the swearing-in ceremony cannot stop or invalidate the event.

    Civil rights activist Comrade Moshood Erubami aligned himself with Ubani’s position. Erubami, who is the President of the Nigeria Voters Assembly (VOTAS), said: “It is not correct to say that Governor Bello is without a Deputy or portray the political scenario in Kogi as a deliberate error on the part of the APC, given the circumstance that underlined  the events that led to the swearing of the governor who was sworn in because he was the preferred candidate of the party”.

    Erubami recalled that Faleke was the appointed Deputy to the late Audu and he remained in that position until he withdrew. He said: “The non-appointment of a deputy could without prejudice be due to two reasons: Firstly, Faleke would have been automatic deputy if not that he rejected the offer and sought the intervention of the court to determine who should be governor in the event of the death of the candidate in an inconclusive election?

    “Secondly, In my view, since there are pending court cases on the issue, it will be wrong for the APC to pre-empt the court final determination of who should be the Governor hence the party did not appoint anybody for now. A new deputy will be appointed immediately the court/tribunal dispose the case before it.

    A lawyer, Mr. Kunle Adegoke, agreed that it was the death of Prince Audu that led to the situation that warranted the swearing in of Bello without a deputy. He said: “Following the death of Audu, the APC made a replacement as requested by the electoral commission and what the party did was to pick the runner-up in the governorship primaries and that was Bello who came second in the exercise. The party, however, retained Faleke as deputy governorship candidate.”

    Adegoke said if Faleke decided to pull out of the arrangement, Bello now has the right to pick a new deputy acceptable to the party and seek approval of the State Assembly.

    Erubami explained further: “It would seem that it was Faleke’s refusal to be deputy that made the Chief Judge to swear in Yahaya Bello as Governor without a deputy, the legality of the action is as novel like the death of Alhaji Abubakar Audu and will be decided by the tribunal after due consideration and whatever the decision of the Court will settle the current debate and strengthen both the Electoral Act, the Constitution and our growing democracy.

    “In my layman’s view, it is an indisputable fact that Hon. Faleke withdrew to be deputy and since it is his right to do so, and since he has also sought the intervention of the court to determine the validity of his party’s action, against his own claim, we would need to wait for the court to pronounce the legality of the two actions, the end of which nobody could object once it goes through the whole hog. The scenario thrown up in Kogi is good for our law and democracy having underscored the fact that all legitimate laws cannot be enacted in a day. The makers of our laws are human beings and they are not infallible.

    “As it is, it is the court that has the final say because the sword of justice is double-edged and the person carrying it is blindfolded, she can cut either side. We should look up to the Supreme Court to set new rules to be quoted in the future as precedent.”

    But, Mr Jide Eniola, a lawyer, sees it differently. He said the constitution made it mandatory that, for a governorship candidate to be qualified to run election, he must have a deputy because both of them are to run on a joint ticket. Eniola insisted that Bello ran the supplementary election without a deputy because Faleke did not accept to be his running mate.

    According to him, Faleke wrote the APC and the Independent National Electoral Commission (INEC) to that effect. Then, who was Bello’s running mate, he queried. It was a breach of the Constitution to run governorship election without a running mate, he argued.

    The APC Publicity Secretary, Lagos State, Mr. Joe Igbokwe, who spoke in his personal capacity, stated that while the system have decided to swear in Mr. Bello, he saw “a travesty and an aberration” in the development.

    Igbokwe said: “The truth here and nothing but the truth is that the late Chief Abubakar Audu/ James Abiodun Faleke won the November 21 2015 Governor election fair and square before Audu’s death in the early hours of Sunday, November 22, 2015. When the news filtered into the public space that Audu had died what the State INEC Returning Officer, Professor Emmanuel Kucha would have done is to do an urgent truthful and honest consultations, carry out a simple arithmetic, check the number of registered voters, check the number of those with PVCs in 91 polling Units.

    “The world was told that there are 49,000 registered voters in the remaining 91 polling units and out of that 49,000 voters, only 25,000 have PVCs. But, the late Audu was leading with 41,000 votes. Assuming that all the 25,000 persons with PVCs voted for the PDP, Abubakar Audu would still have beaten Governor Wada silly with 16,000 votes. This professor turned sound reasoning upside down by saying the election was inconclusive and ordered for supplementary election in the remaining 91 polling units. Now what was the result? Only about 10,000 votes were garnered in the futile exercise that wasted everybody’s precious gift of time, energy, money, strength and power.

    “Now a combination of ethnic politics, primordial sentiments, and fear of the unknown led the APC Kogi and the APC National to do the unthinkable by pushing Alhaji Bello who lost the primaries, and may not have supported the APC candidate in the cause of the elections proper to steal the mandate won by Prince Audu and James Faleke in a keenly contested exercise fraught with excruciating pains, doubts, apprehension, anxiety, fatigue, panic and unease. What was their excuse? Faleke did not partake in the primaries. Do deputy governors take part in primaries? This is the absurdity that led to the emergence of Bello.”

    Adetunji Fadairo (SAN) said swearing in Bello without a deputy is constitutionally not tidy because the constitution did not support such. He said: “If there is no deputy governorship candidate, I think there is a constitutional provision for somebody to act, probably the Speaker. I don’t think the governor is allowed to be sworn in without a deputy. Constitutionally, it is untidy.”

    Against this background, Lagos-based lawyer Ogunlami Olumuyiwa Babatunde said the inauguration of Bello as governor without a deputy is a novel development that requires the intervention of the courts to provide clarification.

    He said: “It is a new development in our jurisprudence. Basically, what people should know is that the constitution cannot provide for everything under the sun just like the constitution never envisaged the death of former governor, Abubakar Audu who contested the election. He can appoint a deputy any moment from now, probably before the court makes pronouncement.”

    Lawyer and human rights activist Adetokunbo Mumini agrees with those who argue that since the constitution did not give any specific role to the deputy governor, he is more or less like an appointee of the governor.

    Nevertheless, he believes that the Kogi matter is for the court to decide. He said: “It has never happened before that a governor would be sworn in without a deputy. I think that what should have happened is that the APC should have appointed another deputy governor-elect immediately Faleke declined, so he would be sworn in together with the governor. That is what the law provides for.”

  • Needless impasse

    Needless impasse

    THE Federation Accounts Allocation Committee (FAAC) is in recent time riddled with avoidable turbulence. The toga of rancour in the assemblage of 36 states’ commissioners of finance and officials of the Federal Government has been unduly overheating the polity. Sometime ago, commissioners from the states staged a walkout on Yerima Ngama, Minister of State for Finance, over unresolved differences in revenue sharing, including the delay in the distribution of arrears of N160billion outstanding monies since February.

    Mr Timothy Udah, Chairman of Forum of Commissioners of Finance of Nigeria (FCFN) puts it succinctly after the walkout: “We are aggrieved over the non- implementation of decisions and resolutions taken at FAAC plenary sessions in the past. The most recent was the one held in May, 2013, which by all implication still remained inconclusive. As the arrears of February remain unpaid, we are yet to be briefed and no clue is given…”

    We deprecate a situation where the Federal Government will treat the component states as worthless appendages. The essence of the stipulation that FAAC should meet monthly is to allow the federal and state governments, through their commissioners of finance, consider and share revenue accruals to the three tiers of government. Why should FAAC refuse to implement resolutions reached at such meeting?  Nigeria is not a unitary but a constitutionally guaranteed federal entity where the component units have outlined duties and responsibilities to perform. It is ultra vires the powers of the Federal Government to arbitrarily determine when to give the states their legal shares from the consolidated revenue account that belongs to the entire country.

    Although the matter is reportedly being resolved, we consider as lawless the delay or outright denial of revenue-sharing rights of the states. The states are not beholden to the Federal Government, and as such should not be treated as mere subordinates whose rights can be trampled upon with impunity. It is unfathomable that the said February agreement was reneged upon. This is the second time that the commissioners, for incongruous reasons by the Federal Government, would be compelled to stage a walkout at FAAC meetings.

    We are aware that issues have been raised over the correct amount that the nation generates because the states usually do not get carried along in such matters. What they know of, especially on oil export, is what the Nigerian National Petroleum Corporation (NNPC) unilaterally declares, without any means of verifying its figures. The same applies to other money-spinning areas of the economy.

    Under such circumstances, it would be difficult to believe assertions that a shortfall in government revenue is delaying arrears owed the states. Who determines when there is a shortfall? The decision of whether or not a shortfall occurs should be that of two parties as against the current practice of one. Despite this anomalous situation, the Federal Government still, surprisingly, pretends to be operating an ideal federation.

    It is sad that the Federal Government is using the FAAC to fight its battle in the Nigerian Governors Forum (NGF). Unfortunately, this is not done in the collective interest of the nation but merely to satisfy the interest of President Goodluck Jonathan. But the president should note that he is not above the law, and as such should not play politics with what is due to the states.

  • The 2013 Appropriation Bill impasse

    An assortment of invigorated back and forth arguments and submissions have appeared on the current impasse of the non-passage of the 2013 Appropriation Bill.

    Lining up on one side is the group which submits that the President is not bound by the provisions of Section 58(4) of the Constitution, but rather by Section 59(4) and that flowing from that, the President does not come under the full command of the use of the word “shall”. In order words, they submit that the combined provisions of Sections 58(4) and 59(4), merely makes it discretionary for the President to sign the Appropriation Bill within 30days and that in any case, even if his assent fails to attend the Appropriation Bill within 30days, he can still conveniently sign thereafter, and such in their opinion will not amount to an illegality.

    Arrayed on the other side, is a second group which argues that the President is not only constitutionally but mandatorily bound by the provisions of Section 58(4) of the Constitution, particularly as it relates to the pre-eminence of the use of the word “shall” and that the plethora of case-law and retinue of judicial decisions particularly from the Supreme Court on the mandatory nature of the word “shall” gives no room for further argument on the matter.

    They submit rather stoically that where the President purports to assent to the Bill a day after the mandatory 30days, he would be seen to have committed an illegality. With profound respect to all shades of opinion, I adopt the latter position as mine. Section 58(4)provides “Where a bill is presented to the President for assent, he shall within thirty days thereof signify that he assents or that he withholds assent”.Section 58(5) provides “Where the President withholds his assent and the bill is again passed by each House by two-thirds majority, the bill shall become law and the assent of the President shall not be required”.Section 59(4) provides “Where the President, within thirty days after the presentation of the bill to him, fails to signify his assent or where he withholds assent, then the bill shall again be presented to the National Assembly sitting at a joint meeting, and if passed by two-thirds majority of members of both houses at such joint meeting, the bill shall become law and the assent of the President shall not be required”.

    The considered view of this writer is that Section 58(4) & (5), has cited above is one that without equivocation caters for all kinds of bills that would come before the National Assembly, the Appropriation Bill inclusive (this emphasis is of importance). To that extent, no bill is excluded by the provision of Section 58(4) and (5). It is important to establish this.

    This section prescribes a mandatory 30days time-frame for presidential assent and it is deep-rooted legislative pronouncement anchored powerfully on the word “shall”. The unquestionable power vested in the use of the word “shall” has been settled by the Supreme Court of Nigeria.

    Thus, if the above provision where to be paraphrased, it would simply mean, without any shade of equivocation that all bills, no matter their nomenclature presented to the President shall be assented to within 30days.Section 59(4) now comes into the picture. In this instance, it does not stand on its own, rather it operates as a back-up provision, to buttress what had earlier be stated in Section 58(4), this time loudly pronouncing it as it principally relates to the Appropriation Bill.

    Given very nature of importance that an Appropriation Bill hold, it was necessarily important for the makers of the law to further strengthen its existence in Section 59(4) by holding that even as all bills shall be assented to by the President within 30days, which doesn’t leave out the Appropriation Bill, where that fails to happen so, so and so must necessarily follow.

    Thus, Section 58(4) is nothing but a fore-runner provision to Section 59(4). It is trite and salutary law that you cannot put something on nothing and expect it to stand, as there will be nothing to support the something. Section 58(4) is the something on which section 59(4) stands confidently.

    Given the core importance of the Appropriation Bill as the life-wire of the nation, more importantly as a document whose passage cannot be left in abeyance, the constitution goes ahead to provide in Section 59(4), that where the President, within 30 days fails to signify his assent, the bill is presented to a joint sitting of the National Assembly and thereafter passed into law.

    It is totally inconceivable that the spirit behind the phrase “where the President, within thirty-days fails to signify his assent”, would mean for it to be simplistically interpreted as giving the President the latitude to give his assent a day after, or perhaps so long after the mandatory 30 days. Thus, the logic rooted in Section 59(4) is a constitutional reassurance of the right of the legislature to the full exercise of its powers, where the President for whatever reason fails to signify its assent.

    If the constitution had not earlier mandated the President to assent to the Appropriation Bill within 30 days, why will it further give a direction where the President fails to do so within that time? The logic therein presupposes that the situation of failure to assent referred to in Section 59(4) can only arise because of the mandatory stipulation of time earlier provided.

    It amounts to nothing but standing logic on its head, to assume that it was the intention of the makers of the law from the outset to give any President in Office, “time infinitum” within which to assent to any Appropriation Bill, the contending issues notwithstanding. Obviously, the issues militating against the passage of the 2013 Appropriation Bill are clear; however this apparent clarity does not suggest that any solution is in the horizon.

    This is because there are simply too many imponderables involved to permit any easy conclusion, except that we can still sufficiently infer that there is just one thing central to the whole shenanigans – power. That is the burden our politicians have since become. As always, it is on the altar of the peoples’ livelihood and sustenance that they find it convenient to flex their muscles and massage their ego, which inordinately tells our national story upside down.

    Of course we are not the only country with a constitution, though we appear as one country whose rulers rejoice when that constitution is dragged in the mud. It is a significant fact, frequently not realised by the people, that again this new episode of legislative-executive recklessness once more underscores their seeming powerlessness (assuming, but not conceding it is so) as the real custodians of the collective destiny of our country in the midst of ruthless and indifferent power-mongers. Tragically, it is not anything preordained or celestial that now confronts us as the reason for our stunted national growth. It is the instrument of silence and apathy that the people have since fashioned. I make bold to say that in the ongoing Arab spring, the Egyptians have been very exemplary, taking their destiny in their hands and demanding for better governance on a daily basis.

    Now when Egypt turns out a better country tomorrow, Nigerians will be the first group of people to flood Egypt in search of greener pastures and then quickly lament when they are labelled as second class citizens. Chiefly, the ever-present threat to our democratic journey lies ominously in the vast and inscrutable forces in government, who are persons without a yard of love for their fatherland, concerned only with the safeguard of their political interest cum ambition, their growing heap of ill-gotten wealth and their primitive pursuit of vanity. Unarguably, no better time offers itself for us to question our apparent sense of abandonment to hopelessness than now, save that, we seem to have come to enjoy being taken for this ride as always.

    •Adegbite, Esq; a lawyer and writes from Abuja.