Constitutions are documents drawn up by civilized democracies to establish the modus operandi for conducting state business and for defining the boundaries of relationship between the state and society. In many instances, the example of what a good constitution is, includes respect for the principles of separation of powers and the rule of law. Unfortunately, our nascent democracy which is being propelled by a rabid and opportunistic ruling class seems to exhibit all the worst attributes of what constitutional democracy is not: disregard for due process, thuggery of the deepest hue, criminality of the most unimaginable expression, acrimony and subversion.
Understandably, the 1999 Constitution of the Federal Republic of Nigeria was hurriedly patched up, originally designed for the perpetuation in office of an erstwhile dictator, and given vent by an eager to disembark military junta. To not a few people, the 1999 Constitution portends doom for the entity called Nigeria. It has been the basis of the call for a Sovereign National Conference for many years since the advent of the present political dispensation and without doubt, it also formed the basis for the ill fated “third term project” and the eventual drafting of the peoples’ constitution under the auspices of PRONACO.
Presently, Nigeria is experiencing growing discontent in the land over the reign of political restlessness being foisted by suicidal politicians who spare no unconstitutional procedures to achieve their objectives. The short of it is that, as long as we allow these untoward occurrences to thrive, our democracy is worse off and Nigeria is faced with the imminence of anarchy across the States of the nation. NAS International as an organisation of concerned Nigerians cannot but comment on the present dispensation with regards to the abuse, misinterpretation and perpetuation of illegalities across the country by politicians in general and especially members of the State and National Legislature. Of particular concern is the usurpation of duties in the bid to achieve determined goals. We make bold to say that no matter how well meaning and righteous an act is, it cannot be brought about by an illegal and criminal act.
Wole Soyinka, Nobel Laureate and revered leader of NAS International warned this week about the consequences to the nation of politicians abusing the nation’s constitution under the guise of fighting corruption. His words: “The courts have been disobeyed. The constitution subverted. Nobody says people should not go after criminals, thieves and corrupt people. We are all agreed on this. But if the methodology flouts the constitution of the land or the law or the methods being used, then we are in grave danger.” Where such is the case, it can only lead to a chain of “peculiar messes” akin to the much touted “time bomb”.
NAS International condemns in no little way the arrogation of a duty outside the provision of the Nigerian Constitution to the Ekiti State legislative by the members of the Ekiti State House of Assembly. The impeachment of the Ekiti State governor, Mr. Ayo Fayose, which may rightly be described as political thuggery is fraught with an illegality brought about by the removal of a sitting Chief Judge and the appointment of an Acting Chief Judge by the members of the House of Assembly, a responsibility reposed in the Governor of a State on the recommendation of the National Judicial Council as stated in the 1999 Constitution Chapter VII Part II A 271 (1)
“The appointment of a person to the office of Chief Judge of a State shall be made by the Governor of the State on the recommendation of the National Judicial Council subject to confirmation of the appointment by the House of Assembly of the State”.
Without prejudice to whatever misconducts the governor may be held accountable to or acts inimical to the constitution by the governor, unconstitutional processes, violation of due processes and continued rape of the rule of law have become the tool of the political class in their bid to out do one another and constitutes a big blot on Nigeria’s political democracy.
But Ekiti State is by no means the first State to experience the contradictions and inconsistencies in our fledging democracy. Before Ekiti, it was Anambra, Oyo, Baylesa and most recently Plateau State and yet again Anambra State. Across the country, the Political class is finding it difficult to maintain discipline and respect for the rule of law. We refer to the continued acts of arrogance and arrant display of little or no regards to the Judiciary by the federal government. This in fact has become the tool of the ruling party, PDP, in all the states of the federation.
NAS International condemns in its entirety the unconstitutionality being perpetrated by the Plateau State House of Assembly particularly the absurdity of seeking to foist the rule of the minority over the majority. Or how else can we explain the “mathematical magic” in the claim by 8 members of the House that in a House made up of 24 legislators, 8 constitutes two-thirds of the legislators required to initiate the impeachment process against Governor Joshua Dariye.
In the same vein, NAS International condemns the planned impeachment of Mr. Peter Obi, the governor of Anambra State by the PDP controlled Anambra State House of Assembly. No Nigerian needs a prelude of the robbery of the people by the Peoples’ Democratic Party in Anambra State. The Ngige-Uba saga will go down in the history of our nation as one of the many atrocities of a ruling party averse to the yearnings of the ruled.
Hardly in any country of the world have so many people been trampled upon by their rulers as the case has been in Nigeria. While we continue to urge the Nigerian people to learn from their pains, and stand up for their rights and the future of the unborn generations, the members of the Anambra House of Assembly should be cautious in their number-based vendetta against an elected servant of the people of Anambra State. Anambra State has been for most part of this political dispensation denied peace and political stability. Enough is enough.
The Federal Government, through the ruling party in its peculiar self has now papered up the illegalities of its members by the declaration of the state of emergency in Ekiti State. This is an absurdity in itself considering that the rule of law that was defied could have been appropriately made to correct the illegalities.
As the march towards the 2007 elections begin with the voters’ registration, we warn that subversion of the rule of law, illicit and brazen aggrandizement of powers vested in other arms of government, repugnant interference with independence of the judiciary and the resort to killing of opponents can only lead Nigeria to an abyss that will take generations to overcome.
The present democracy is one fought for with the blood of many of the down trodden masses of the country; posterity will not forgive or forget anyone under any pretense that helps the nation back to the ignoble days of the “metaphor of the mouth and the stomach”.
Signed:
PROF. OLATUNDE MAKANJU
NAS Capone
National Association of Seadogs (NAS)
October 24, 2006
