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WHERE IS MY PRESIDENT?
By Louis Brown Ogbeifun | December 21, 2009
Three weeks ago, the President of Nigeria, President Umaru Yar’Adua took ill and was said to have been flown to Saudi Arabia. Since then, there has been open discourse on where he is, what is wrong with his state of health and the way forward for the filling the vacuum created by his absence. There are several postulations of where the President is that I am tempted to ask, where is my President? This should not be. As a citizen, I deserve updates on the whereabouts of my President because I have people outside this country that also ask me the same question. A sheep without shepherd runs the risk of straying into the lion’s territory and in no time becomes a mince meat for the king of the jungle. So it is with a country without an effective leader, such country runs the risk of straying into a lawless state with profound consequences. It is even worse if the country has myriads of societal challenges like we have presently in Nigeria.
It is often said in my place that only stones do not fall sick. The President like any other human being is capable of falling sick. In any case, several Presidents have been ill even in times of adversities without their countries going through guess games on what next as we are presently grappling with. In the United States of America, Presidents Woodrow Wilson, Franklin Roosevelt, Dwight Eisenhower, John Kennedy and Ronald Reagan suffered one form of ailment or another during their tenures. In Cuba, Fidel Castro handed over Raul Castro when he could no longer perform State functions due to ill health. So taking ill as a President is not new, it did not start with President Yar’Adua and it is not likely to stop with him. What is however new is the way Nigerian authourities are handling this matter. What is new is that while those other Presidents were ill, their countries did not have a vacuum the way we now experience. What is new is that state matters ran smoothly without any damage to their countries’ internal dynamics like we are having in Nigeria. This is the kernel of the matter.
What helped the United States and Cuba is the existence of effective structures in place to address such issues. Everywhere, the Constitution is the supreme authourity that determines how state powers are derived and used for the good of the people. Any step taken that is not in consonance with the Constitution or laid down procedures will be courting trouble.
In the case of Nigeria, there are reasons for the apprehension being expressed by the various groups. Some of the reasons are:
- Nigeria’s democracy is still very fragile
- The country is faced with a lot of dysfunctional ties.
- Lack of appropriate institutional framework. Where they exist they are weak to deal with this type of emergency because of self centeredness of our leaders.
The relevant sections of the Nigerian Constitution that deal with the President’s absence either due to illness or vacation are:
- Section 144 of the 1999 Constitution, which contains provisions on the necessary steps to be taken to determine if a President’s illness will make him or her incapable of ruling the country because of permanent disability.
- Section 145 states ‘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”, albeit on acting capacity.
As of today, except a medical team has been empanelled according to section 144 of the Constitution, and such decision of permanent disability making governance impossible, transmitted to the Federal Executive Council, we can only hope that the President will return someday to his beat.
Since this has not been done, we are left as a people with only one option, “transmission of a written message to the President of the Senate and the Speaker of the House of Representatives declaring that he is proceeding on vacation or that he is otherwise unable to discharge the functions of his office”.
I do not think this will be too much to ask from Mr. President if he truly loves Nigeria. This is the only path of honour left for him at this time so that when he is fully recovered, he transmits another message to the Senate and the House of representatives that he is back to his beat. So shall it be.
The refusal to do this means that critical state functions cannot be performed because the Vice President, Goodluck Jonathan cannot assume such responsibilities. Some of these functions that will or have already suffered consequential setbacks are:
- The conferment of National Honours can only be done by Mr. President. This has been stalled.
- Execution of crucial elements of the Amnesty Programme, which Mr. President started.
- By January 2010, the Judiciary, which is the third arm of Government, will also become a ‘sheep without Shepherd’ because the position of the Chief Justice (CJ) of the Federation would have been vacant. This is because it is only the President that can appoint and swear in any newly appointed CJ of the Federation. The CJ is retiring this December.
- 2009 supplementary Appropriation Bill has been passed by the National assembly and awaiting Mr. President’s ascent. This has severe implication for the country because most of the Niger Delta amnesty projects are tied to this Bill.
- 2010 Appropriation Bill if passed may also remain unsigned.
- Representation at international fora requiring the attention of Presidents will be seriously compromised.
The fall out of (5) above will have very serious spiralling effects of unprecedented magnitude on the economy, Nigeria and Nigerians. The establishments will be totally grounded. Salaries of the ministries and the Armed Forces are going to be affected. Nigeria is presently an import dependent country. This will mean that the queues we currently witness at the filling stations will be child’s play. Banks will crumble under the yoke of a cashless environment. Pension payment to pensioners will remain largely unpaid. This will be chaotic and no one should wish this happen.
Politicking with the soul of Nigeria should stop. Every actor in the politicization of the President’s illness should consider the fate of Nigeria above all other things. Those jostling for the President’s job should remember that it is only God that gives and takes power. This situation calls for caution. If not handled with care, the explosion that will follow may seriously harm our democracy.
Mr. President, in the interest of Nigeria and in your own interest, you should without further delay transmit a message to the two leaders of the National Assembly that you are not immediately available for State duties so that your Vice can hold forth for you until you are well enough to resume State functions. I cannot forget in a hurry the peace the President brought to the Niger Delta region, the good it will do to the oil and gas industry and by extension the economy. You need to come back to finish the good work. Irrespective of this, you can only achieve the necessary results with optimum health. Therefore, you need to channel all your energies towards getting well now so that you can be of better service to Nigeria. Your immediate family and indeed the masses of this great country need you alive in other to continue to serve them. State duties will always be there for you to return to. The present discourse and the way your associates are handling the matter will only worsen your stress level and illness state.
Those asking you to take time off through the instrumentality of the Constitution are your real friends. Those who want you to hang on at the detriment of your health are sycophants and your enemies per excellence. They are only protective of the largesse they get through your goodwill or to enable them hang on to different political offices. We saw this before. They did it to IBB and Abacha. When the equation changed they also changed, not only their tongues but their whole direction. Beware of these people Mr. President. They sing different tunes during the day and at night, The truth shall be revealed someday.
I wish you a speedy recovery Mr. President. God bless you, God bless Nigeria.
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December 21st, 2009 at 6:58 am
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