By Ochereome Nnanna
Section 145 of the
Constitution of the Federal Republic of Nigeria, 1999, (As Amended) has this to
say about the power of the Vice President in the absence of the President:
“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”.
“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”.
*President Buhari and VP Osinbajo |
Because of the cynical nature of Nigerian
politics which is sadly rooted in religion, ethnicity, sectionalism and
familial interests (factors that corrupt and debilitate our constitutional
democracy), a constitutional enactment as precise and self-explanatory as the
Section 145 is still made to seem hard to grapple with.
President Muhammadu Buhari, who has done very well in respecting the
Constitution by transmitting such letters to the leaders of the National
Assembly on each of the two occasions he went abroad to tend to his health
problems, however, introduced confusion into the issue when he said Vice
President Osinbajo would “coordinate” the activities of government in his
absence. The President was heavily criticised for this strange definition of
the status of the Acting President, though it hardly matters since it is the
Constitution, not the President that defines roles played by everyone in our
democracy.
This is the second regime in which our President had to be taken out of
the country for an extended stay out of power. When the case of the late
President Umaru Yar’Adua took place late in November 2009 he did not transmit
any letter as Buhari does. By February 2010, murmurs over a power vacuum became
cacophonous and Yar’ Adua’s handlers caused the British Broadcasting
Corporation to air an “interview” he granted to show he was not incapacitated.
Nigerians would have none of that. An “interview” was not the same thing
as transmitting a letter as the Constitution demands. Based on this need to end
the power vacuum, the Senate on Tuesday, 9th February 2010, invoked a “Doctrine
of Necessity” (which is not found anywhere in our constitution) and conferred
Acting President on Vice President Goodluck Jonathan. A brief look at Acting
President Goodluck Jonathan and Acting President Yemi Osinbajo shows some
dramatic differences in how each embraced his new status.
Jonathan and Osinbajo share a similar streak of being mild-mannered and
seemingly apolitical, which were probably the qualities that made them
attractive as vice presidential picks. However, when Jonathan became Acting
President, he was more emphatically assertive than what we have seen of
Osinbajo so far. For instance, Jonathan was appointed Acting President on
Tuesday 9th February. On Wednesday 11th February, he presided over the Federal
Executive Council and sacked the Attorney General and Minister for Justice,
Chief Mike Aondoakaa (SAN), who was a very outspoken votary of President
Yar’Adua. Aondoakaa had bluntly opposed the appointment of Jonathan as Acting
President. Jonathan also appointed Mohammed Adoke (SAN) as Aondoakaa’s
replacement and released the sum of $2 billion to states and local governments
from their share of the Excess Crude Account. The same thing cannot be said of
Osinbajo. He appears to have maintained the Buhari cabal’s expectations of him
as a mere “Coordinator”, taking care not to do anything that President Buhari
might see as an act of “disloyalty” to him.
You know, in Nigeria ,
loyalty is not to the nation. It is to the leader and his well-known political
interests which a cabal is always on hand to hold in trust for him because their
own interests are involved. Osinbajo has always been the chief diplomat of the
Buhari government. He played a central role in quieting militancy in the Niger
Delta and cooling the Biafra protests.
He is playing the same role in reducing tension after the recent hot exchanges
between Biafra separatist
agitators and some Arewa Youth who spoke bigger than their mouths by issuing
fellow citizens a comedic “quit notice”.
But Osinbajo has not been able to swear-in ministerial nominees cleared
by the Senate for over four months now. It took a letter of authority that
ailing Buhari sent through his Minister of Budget for Osinbajo to sign the 2017
budget. If he cannot swear-in already cleared ministerial nominees, can he be
expected to drop or appoint new ministers like Jonathan? The Nigerian people
did not tolerate the continued attempt by Yar’ Adua’s cabal and his wife,
Turai, in running the government once Jonathan became Acting President. But in
Osinbajo’s tenure as Acting President, ministers are reportedly going behind
his back to take files to Buhari in London ,
though other reports indicate that the President is in no position to look at
any file.
Buhari also issued an Id el Fitri Sallah message to
Muslims in Hausa, instead of our lingua franca, the English language. There are
bold evidences that Buhari is not really absent from power and that Acting
President Osinbajo is not really exercising the full powers of the Presidency
as the Constitution demands. This amounts to a measure of power vacuum, which was
absent in Jonathan’s time as Acting President. How long can this go on?
What can Osinbajo do about the quit notice the Benue State Government
issued Fulani herdsmen who are not ready to abide by the newly-passed anti-open
grazing Act, which Minyetti Allah have vowed to resist? The case has been
brought before the Presidency. What can Osinbajo do if diplomacy fails? It is a
pity that in Nigeria ,
the office of the President, which belongs to the nation, is stolen by the
President’s family, friends, tribesmen/women and regional hawks, thus holding
the nation to ransom and miring everyone in a morass of political impasse. That
is the situation we find ourselves under the rule of two presidential
incumbents.
*Nnanna is a columnist with the Vanguard newspaper
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