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State of the Nation: A Call for Constitutional Supremacy

December 6, 2009

For about two weeks now, the Nation has been subjected to all manner of speculations based on uncertainties surrounding President Umaru Musa Yar’Adua’s health. Since Thursday, November 26, 2009 when Mr. Segun Adeniyi, the spokesman of the President, informed the nation that President Yar’Adua has Pericarditis, the condition of Mr. President has been a subject of public speculation.


The Nigerian press is fully charged with unsubstantiated and very worrisome information largely fuelled by communication gap that has today characterized official relations between citizens and the federal government. In the circumstance, the management of both the information and the circumstances surrounding the health of the President, and by extension efficient functioning of the Executive arm of government is becoming a source of disagreement, and to that extent, a source of division in the country.

As an organization that is committed to national development founded on the establishment of truly democratic institutions and culture, the Good Governance Group (3G) hereby states as follows:

1.    The rising wave of speculation surrounding the state of President Umaru Yar’Adua’s health is caused by the inability of Mr. President to “transmit to the President of the Senate and the Speaker of the House of Representatives a written declaration that he is proceeding on vacation” as provided by section 145 of the 1999 Nigerian Constitution.

2.    The increasing politicization of Mr. President’s health condition arising from the inherent gap due to his current absence from the country without complying with the enshrined constitutional process of authorizing the Vice President to serve as the Acting President of the country as provided by section 145 of the Constitution further sharpens divisions and encourages all manner of political permutations, including some contemplated unconstitutional, undemocratic and clearly desperate manipulative arrangements.

3.    The absence of any form of direct contact between Nigerians and President Yar’Adua is a major source of legitimacy for all the speculations and the contemplated unconstitutional permutations. Interestingly, the response of Federal Executive Council (FEC) as stated by Alh. Yayale Ahmed, Secretary of the Government of the Federation as reported by the Punch of Wednesday, December 3, 2009 is to the effect that “issues that would require Mr. President’s express approval, contacts are being made and such approvals do come” is further disturbing. This confirms the absence of legitimate Presidential authority in Nigeria.

While wishing Mr. President speedy recovery and pray for him to return home quickly to resume work as President of the Federal Republic, we call on the Federal Executive Council to, as a matter of national importance organize a video conference to enable Mr. President address Nigerians and rest all the speculations that have dominated public discussions in the country of recent.

We further call on the ruling party, PDP, and FEC to be dispassionate and show restraint in a matter that is clearly a national issue with spelt out constitutional provisions of managing its resolution. If for any reason President Umaru Yar’Adua is faced with any kind of health condition, which requires his official absence or indisposition to serve in the official capacity of the President of Nigeria, it is important that both the FEC and the legislative branch of government take appropriate steps to address the matter based on the provisions of sections 144, 145 and 146 of the 1999 Nigerian Constitution.

Finally, we wish to call on the FEC to rise to the challenges of providing leadership to Nigerians on matters relating to the sanctity of the Nigerian Constitution.




Sen. Ken Nnamani GCON
Chairman, Steering Committee
 

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