Tuesday, February 20, 2007

Atiku keeps hope alive

Atiku Abubakar is still VP.

5 comments:

the flying monkeys said...

How can he remain vice to the sitting president and member of a different party ? Utter madness! How can the lower court expect government to function effectively ?

In any event, when the matter was previously referred to the lower court (appeal court) by the CJ (kutigi), he requested it to formulate a basis for an earlier referral to his court (supreme court).

Today's ruling ultimately will be overturned by the upper court, albeit well after the termination of the current administration.

Chinyere Igwe said...

Unfortunately so. If there are any criminals or brazen individuals left who are still not part of our political system, I will advice them not to miss out on the action. As long as most Nigerians continue to stick their heads in the sand, you have nothing to fear.

Anonymous said...

Flying monkeys, go and read the Constitution and stop making lay statements. If you feel so strongly about it, then what you should be canvassing for is a constitutional amendment (as there seems to you to be a lacuna in the Constitution on how to deal with a Vice President who defects from his original party).

And this coming from a person who personally loathes Atiku, you bet it is a bitter bill for even me to swallow. There is a limit to judicial activism and the judges did the right thing. It is not "utter madness!".

As for it being overturned by the Supreme Court (SC), don't keep your fingers crossed. Believe me, the judiciary has become more resolute in many ways and it will be difficult for the SC to overturn a well-reasoned UNANIMOUS decision of the Court of Appeal. Not impossible but they will research the whole of the world's constitutional jurisprudence to find good reasons to rule against the Constitution.

the flying monkeys said...

Anonymous, with all due respect, in all that lies ahead, let us match strong convictions with respect and decency. It is not for me to call for a constitutional amendment. That is a matter for the President. An amendment to the Constitution is never to be undertaken lightly albeit resulting in an elongation of the current administration.

As the preservation of the presidency rises to this level of national importance, it is for the President to call for an amendment process to address such a serious matter of national concern. The union of a president and the vice should be one of the most enduring and honoring. The commitment of a vice to his president must be with regard to the stability of society.

the flying monkeys said...

Gani Disagrees with Appeal Court on VP
02.23.2007


Lagos lawyer, Chief Gani Fawehinmi, yesterday wrote to disagree with the position of the Appeal Court concerning the status of Vice President Atiku Abubakar saying such stand is laden with disturbing consequences.

According to the Senior Advocate of Nigeria, the judgement was contrary to the letters and spirit of the Constitution of the Federal Republic of Nigeria, 1999.

His statement reads: “On Tuesday, 20th February, 2007, the Court of Appeal unanimously decided that Alhaji Atiku Abubakar remains in his office as the Nation's Vice President despite the fact that he had joined another political party and has become the Presidential Candidate of that party - the Action Congress.
"I completely disagree with that decision which I consider to be constitutionally wrong, illegally untenable, technically illogical and politically dangerous for the sustenance of the nation's peace, order and good government. It is also capable of taking integrity out of politics, particularly party politics.
"The judgment is laden with disturbing consequences. For instance, if the President who is Peoples Democratic Party (PDP) dies today, the Vice President who was Peoples Democratic Party (PDP) but now of Action Congress becomes the President by virtue of Section 146(1) of the Constitution.
"He will then appoint an Action Congress (AC) Vice President subject to the confirmation of the National Assembly. He will also appoint Action Congress (AC) Ministers to administer the affairs of the nation with him. But the electorate did not vote in 2003 for an Action Congress (AC) President.
"Equally, the electorate did not vote for the programmes of the Action Congress (AC) as there was no Action Congress (AC) in 2003.
"Clearly, by Section 224 of the Constitution of the Federal Republic of Nigeria, 1999, every party must have a programme.
"At the moment, Atiku Abubakar is competent by this decision to attend the Federal Executive Council meeting as Vice President armed with the political, economic and social programme of the Action Congress (AC). What a new constitutional disorder!
"The decision of the Court of Appeal has spelt the death knew of the institution and constitutional importance of political parties as the basis of our constitutional democracy.
"In this respect, the Court of Appeal has by this critically unfortunate decision re-written a new but absolutely confusing constitutional order which has the tendency of causing political and constitutional instability in the country.
"I pray and hope that the Supreme Court will set aside this judgment, which in my view is contrary to the letters and spirit of the Constitution of the Federal Republic of Nigeria, 1999."