Sunday 10 January 2010

Our Nation, Our Constitution, Our President


Let me start by listing a section from our constitution.

Section 1(2) states; The Federal Republic of Nigeria shall not be governed, nor shall any persons or group of persons take control of the Government of Nigeria or any part thereof, except in accordance with the provisions of this Constitution.


It is not news that Nigerians have been asking questions about the true health condition of our president. Since November 23, 2009 when the Federal Government announced that the President will be traveling to Saudi Arabia for medical treatment, there have been conflicting stories about the state of his health.

There have been conflicting stories as well as as speculations on the state of the presidents health. The cloak of secrecy thrown around the president's condition has clearly thrown our government into chaos.

The Federal Executive Council (FEC) is also paralysed with the Ministers of Information, Foreign Affairs and Justice all singing different songs. Nobody has been able to give Nigerians an authentic and true position on the state of affairs.

With the turn of events it is most unlikely the Mr. president will be returning to the 'throne' in Abuja. Obviously the ruling PDP is scrambling to look for a suitable Vice President, since the current VP, Goodluck Jonathan would definitely become president if Yar'adua fails to return to office. It is also not news that PDP is looking for someone who will also run for Office of President come the next presidential elections in 2011.

One major question still remains unanswered; why didn't the president hand over to the vice president when he was going for treatment? We have heard all sorts of responses to this question, but nothing suffices for me but to think that it is greed and selfishness that made the president and his team do otherwise.

What does the constitution say about transferring Presidential Powers?

Section 145. 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 of his office, until he transmits to them a written declaration to the contrary such functions shall be discharged by the Vice-President as Acting President.

This doesn't seem to be a mandatory function but more of an obligatory one. This section can be argued in so many ways. However, if our president was to be concerned with the welfare of the nation and its peoples he would understand that the honorable thing to have done was to write the Senate asking that powers be transferred temporarily to the Vice President pending his return.

Also lets take a look at what the Oath of Office of President says:

Oath of Office of President

I, .............. do solemnly swear/affirm that I will be faithful and bear true allegiance to the Federal Republic of Nigeria; that as President of the Federal Republic of Nigeria, I will discharge my duties to the best of my ability, faithfully and in accordance with the Constitution of the Federal Republic of Nigeria and the law, and always in the interest of the sovereignty, integrity, solidarity, well-being and prosperity of the Federal Republic of Nigeria; that I will strive to preserve the Fundamental Objectives and Directive Principles of State Policy contained in the Constitution of the Federal Republic of Nigeria; that I will not allow my personal interest to influence my official conduct or my official decisions; that I will to the best of my ability preserve, protect and defend the Constitution of the Federal Republic of Nigeria; that I will abide by the Code of Conduct contained in the Fifth Schedule to the Constitution of the Federal Republic of Nigeria; that in all circumstances, I will do right to all manner of people, according to law, without fear or favour, affection or ill-will; that I will not directly or indirectly communication or reveal to any person any matter which shall be brought under my consideration or shall become known to me as President of the Federal Republic of Nigeria, except as may be required for the due discharge of my duties as President; and that I will devote myself to the service and well-being of the people of Nigeria. So help me God.


Has our President in anyway kept to this by his actions? My answer is no. He has clearly allowed his personal interest to influence his official conduct. He as also not devoted himself to the service and well-being of the people of Nigeria.
Rather they have run this country like it is a monarchy. While we do not wish the president ill, he, his family and cohorts need to understand that the office of President is bigger than any one person. He needs to respect and preserve the integrity of that office and not allow his selfishness cloud his judgement.

It is sad and very unfortunate that we have continuously had leaders who have no passion for the well-being of our people. The sycophants around us have not made this any better. Nigerians clearly live in an illusion and are nowhere close to reality. We never speak the truth and we believe whatever lies (no matter how silly) we are told by those in authority. We do not question authority.

We do not realise that in a democracy the leadership is there to serve the people. Yar'adu is our servant and not a King. He is answerable to us and we demand and have a right to know everything about him, his heath and well-being until the day he ceases to be president.

The position of President is also a voluntary one and comes with a lot of work. It is not a holiday or a jamboree, so no one going into office should complain about how difficult it is to rule. You can very well resign at any point in time.

We have also wondered why the president has not been removed from office. The Section of the Constitution that addresses this states that:

144. (1) The President or Vice-President shall cease to hold office, if -

(a) by a resolution passed by two-thirds majority of all the members of the executive council of the Federation it is declared that the President or Vice-President is incapable of discharging the functions of his office; and

(b) the declaration is verified, after such medical examination as may be necessary, by a medical panel established under subsection (4) of this section in its report to the President of the Senate and the Speaker of the House of Representatives.

(2) Where the medical panel certifies in the report that in its opinion the President or Vice-President is suffering from such infirmity of body or mind as renders him permanently incapable of discharging the functions of his office, a notice thereof signed by the President of the Senate and the Speaker of the House of Representatives shall be published in the Official Gazette of the Government of the Federation.

(3) The President or Vice-President shall cease to hold office as from the date of publication of the notice of the medical report pursuant to subsection (2) of this section.

(4) the medical panel to which this section relates shall be appointed by the President of the Senate, and shall comprise five medical practitioners in Nigeria:-

(a) one of whom shall be the personal physician of the holder of the office concerned; and

(b) four other medical practitioners who have, in the opinion of the President of the Senate, attained a high degree of eminence in the field of medicine relative to the nature of the examination to be conducted in accordance with the foregoing provisions.

(5) In this section, the reference to "executive council of the Federation" is a reference to the body of Ministers of the Government of the Federation, howsoever called, established by the President and charged with such responsibilities for the functions of government as the President may direct.

We have also wondered why the president has not been removed from office. The questions is can the Ministers appointed by the president vote him out of office? We lack the discipline and integrity to carry out such. The Ministers cannot even speak on the issue. They seem to be waiting for a miracle to happen. Well I am sure in a nation as 'prayerful' as Nigeria some miracle will surely happen.

As events unfold, we all await to see where they take us.

Like our pledge says, So help us God.