Supreme Court can’t stop N’Assembly from amending constitution – Senate

May 11, 2015

President of the Senate, David Mark
| credits: File copy

The Senate on Sunday said the Supreme Court lacked the power to stop it and the House of Representatives   from performing their legislative duties as far as the process of amending the 1999 Constitution was concerned.

The Chairman, Senate Committee on Information and Public Affairs,   Eyinnaya Abaribe, said this just as the House Deputy Majority Leader,   Leo Ogor, described the apex court’s order that the status quo be maintained as a “temporary setback.”

A seven –member Supreme Court panel led by Chief Justice   Mahmud Mohammed had last Thursday   fixed June 18 for further hearing on the case, by which date the tenure of the current assembly would have ended.

But Abaribe, in an interview with journalists in Abuja, said that the apex court was wrong to stop the lawmakers in the performance of their legislative duties.

He said, “ The law does not allow one arm of the government to stop another arm of government from performing its duties.

“The Supreme Court cannot stop us from legislating and if they say that it (Supreme Court) is stopping us from making laws, it is misleading and it amounts to misreading the powers of the Supreme Court.”

But Ogor   said on Sunday that the review of the constitution   was not over in spite of the decision of the Supreme Court halting the process.

Ogor   told The PUNCH in Abuja that the apex court only directed the parties in the matter to “maintain the status quo” and did not imply that the powers of the National Assembly to amend the constitution had been withdrawn.

He said, “It is not yet over because the process of seeking interpretation willl continue.

“The   National Assembly lawyers will follow it up for the remaining part of the issues involved and we are hopeful that judgment will be delivered in our favour at the end of the day.”

However , Ogor admitted that it was not likely that the matter which he said was “not yet over,” would be disposed of before the expiration of the tenure of the current 7th Assembly on June 5.

He said that the incoming 8th Assembly would carry on the “battle till victory is won.”

The lawmaker explained that the 8th Assembly would no longer have to start the process of amending the constitution afresh if the case was decided in favour of the National Assembly, but would simply re-commit the bill to the Committee of the Whole for passage.

Ogor said, “The 8th Assembly will fall back on our Standing Orders and Rules of Proceedings to continue work on the constitution.

“The constitution amendment bills, being bills for which the President withheld his assent, will be listed for consideration in the Committee of the Whole without being commenced de-novo.

“This provisions is clearly spelt out in Order XII, Rule 94 of our rules.”

President Goodluck Jonathan had withheld his assent to the 4th Alteration Bill to the 1999 Constitution.

The bill had already been passed by the National Assembly and the 36 state Houses of Assembly before it was forwarded to Jonathan for his signature.

The President cited alleged breaches of Section 9 of the same constitution, arguing mainly that the lawmakers did not meet the mandatory four-fifth majority approval to alter the document.

Jonathan followed up his refusal by dragging the legislature to the apex court in a suit filed by the Attorney-General of the Federation and Minister of Justice,   Mohammed Adoke (SAN).

Among others, the Federal Government is seeking the nullification of Sections 3, 4, 12, 14, 21, 23, 36, 39, 40, 43 and 44 of the Fourth Alteration Bill, 2015.

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My ministers and I’ll face persecution – Jonathan

May 11, 2015

President Goodluck Jonathan
| credits: File copy

President Goodluck Jonathan has given an insight into the fate that awaits him and his ministers   after May 29, saying he believes they will be persecuted.

He stated on Sunday during   a thanksgiving and farewell service organised in his honour at the Cathedral Church of the Advent, Life Camp, Gwarinpa, Abuja that the persecution would happen   because of the “ hard decisions” his administration took while in office.

Jonathan told the congregation that he understood clearly that “ hard decisions” had their own cost and was therefore   ready to pay any price for them

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He   said that experience had shown him that people would at a time desert anybody who took   “hard decisions” like he did while in office.

Jonathan added   that he had always   believed that more of his friends would desert him after May 29.

The President recalled the story of the last ruler of apartheid South Africa, Frederik   de Klerk, who was divorced by his wife for accepting to abolish minority rule in the country, and said jokingly that he hoped his wife, Patience,   would not also divorce him after the end of his tenure on May 29.

Beaming with smiles, Mrs. Jonathan, who on March 16 declared that she was not ready to feed her husband in prison, replied with a shout of “Nooooo.”

Her response was greeted with a loud applause by congregation members.

The President   said, “I believe there are reasons for everything. Some hard decisions have their own cost; and there is no doubt about that.

“That I have run the government this way that stabilised certain things, the electoral process and other things that brought stability to this country. They are very costly decisions which I must be ready to pay for.

“Some people come to me and say this or that person, is he not your friend that benefitted? Is it not your government that this person benefitted from? But this is what the person is saying.

“But I used to say that worse statements will come. If you take certain decisions, you should know that those close to you will even abandon you at some point.

“And I tell them that more of my so-called friends will disappear. When de Klerk took the decision to abolish minority rule in South Africa, even his wife divorced him. I hope my wife will not divorce me. But that is the only decision that has made South Africa to be a global player now. If they still   have minority rule,   by this time, nobody will be talking about them.

“If you take certain decisions, it might be good for many but it might affect others differently. So, for ministers and   aides who served with me, I sympathise with them because they will be persecuted. They must be ready for persecution.

“Quoting Tai Solarin, may your ways be rough, I say to   my ministers, I wish you what I wish myself. They will have hard times, we will all have hard times. Our ways will be rough.”

Jonathan however said he was happy that ordinary Nigerians appreciated what he did and that, according to him, is most important.

He said it was not what the elite talk about or say about his administration that mattered to him but what the majority of the Nigerians felt about his actions and inactions.

The President expressed delight that he came to Abuja with his family peacefully and was leaving peacefully.

Jonathan also looked back at all the benefits that had came his way as a Nigerian, saying he was ready to pay the supreme price for the nation.

He said considering what God had done in his life, he wished he could dance like the biblical King David.

Jonathan said, “I want to thank God for what he has done for me and my family. I wish to dance more than David, if I tried to dance, I missed my steps.

“I have all the reasons to thank God. Very few of those in my age bracket have been that lucky. All through my education, I was on government scholarship. I have not suffered lack not because I am hardworking, but it has been God’s grace.

“When I look at the whole picture of my life up to when I became the President of this country, I say that if soldiers and policemen that have not received 0.5 per cent of the benefits that I have had from the state can lay down their lives for this country, I should do anything in the interest of Nigeria, including paying the supreme price.

“As long as live, I will continue to do my best for the state because the state has helped me as a person.

“I have to thank Nigerians, especially the people of my state(Bayelsa) for giving me the opportunity to serve as deputy governor. I thank all Nigerians   who gave me the opportunity to serve as Vice President and President. I had their support to   complete the tenure of the late president(Umaru Yar’Adua) and later serve as President from which I am exiting now as a very happy and fulfilled man.”

The President also thanked the church   for standing by him even at his most difficult times.

He said even on the March 28 presidential election which he lost to Buhari, there were many people who supported him nationwide.

Jonathan promised to continue to pray for the country and the incoming government of Muhammadu Buhari .

He said that Buhari won the March 28 election   because God wanted it to be so.

The President added, “Even for the election, we had people who supported us all over the country but things went the way they did because God wanted them that way for a purpose.

“We will continue to pray for the peace of the country and for the success of the incoming administration.

“When the country is in good shape, people benefit. When things are going well, people are happy. You don’t need to know Mr. President or Mr. Governor.

“The issue is not about Jonathan or Buhari or any other person. The issue is how the government functions in terms of stability and a buoyant economy that will enable Nigerians to move forward and live happily. That is our interest; that is my prayer point.

“All religious groups should pray for the country.”

Jonathan thereafter requested that his favourite him, “Stand by me” be sang again.

He said apart from inspiring him, the hymn “makes him to be aware of the fact that whatever one does, there will always be storms.”

Earlier, a former Minister of Information,   Jerry Gana, said Jonathan was favoured by God in many ways.

Gana thanked God for what Jonathan was able to achieve during his tenure.

The former minister, who headed the President’s fundraising committee during electioneering , said “Jonathan is a man of favour. He is highly favoured by God. We thank God for what He has done for Nigeria through him.

“Despite the big positions he occupied in the country, he has remained humble and he has succeeded in deepening democracy in the country.

“He revived the rail system; he brought back hope to Nigeria and to cap it all; he conceded defeat to his opponent in a heroic manner.”

The Minister of Power, Chinedu Nebo, also praised the President while reeling out some of his unique qualities and achievements in office.

He said, “He (Jonathan) is humane, gentle and unassuming. He has transformed Nigeria. He is not vindictive. He loves the youth. He empowered, mentored and motivated youths and women.

“He is a listening leader. He listens to everyone in the Federal Executive Council before passing judgment. He fixed the electoral process and brought credibility to it. He is Nigeria’s greatest leader.”

In his sermon entitled, “Thanksgiving,” the Primate of the Church of Nigeria, Anglican Communion, Most Revd. Nicholas Okoh, said although Jonathan was leaving office as President, the world would still need his services in different capacities.

Okoh said leaving office at this time did not translate to the fact that Jonathan had expired.

He explained that what happened to the President was that he had graduated into a class of statesmen and women.

Turning to the President, the clergyman said, “You have graduated and entered the distinguished class of statesmen and women.“In your new office, you are a peacemaker. Nigeria, Africa, the black world and the world will need you. You are relevant; you have just started; you have not expired.”

He recalled that at the inception of his administration, Jonathan did a similar thing by giving thanks to God.

Okoh   thanked God for the President’s contributions to the growth of the country, adding that some of the projects he initiated had been completed while others are at advanced stages.

He said, “Whatever stage the projects may be, generations yet unborn will read about Jonathan that he governed from so so time to so so time.

“It will be studied by our children in history books. So, we should thank God.

“Again, you are leaving the (Presidential) Villa alive. Only God knows what would have happened. There is nothing greater than life.

“We give thanks for what God did through you in your distressed situation. Your humility saved lives and our enemies were disappointed. There were many people who came and pretended to be your friends, but were sadists. They came with cameras recording, but were disappointed.

“What God is doing in your life you may not understand, it might take years, but you need to be patient to understand because deeper meaning of the event will unfold later.”

Nigerians misunderstood Jonathan’s calmness –Okupe

Meanwhile, the Senior Special Adviser to the President on Public Affairs,   Doyin Okupe, has said Nigerians misunderstood the President’s   calmness for indecisiveness.

Okupe,   on his facebook page on Sunday, said     “In a few days, President Jonathan will bow out of office gracefully and graciously.

“President Jonathan has done well and served his country well. He exits office as a great President; perhaps Nigeria’s greatest President for all times. Greater than the best before him. He excelled in achievements, in humility, tranquility and simplicity.

“Nigerians misunderstood meekness for weakness, Restraint for lack of strength, reticence for inaction and calmness for indecisiveness.”

Okupe said that history would judge Jonathan   differently, adding that he(Jonathan) would “be remembered as a great man, a good man, humble and humane, purposeful and focused. A great African hero who fought against all manners of evil and conspiracies: Religious, ethnic, national and international, and lost the war.

“But ultimately, he triumphed because of the inherent goodness that God Almighty deposited in Him.”

The presidential aide urged Nigerians not to weep for Jonathan but “rather   pray that our nation will remain, united and stable; that its people will prosper and that God will guide our incoming leaders.”

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PDP’ll be buried if I resign – Mu’azu

May 11, 2015 

National Chairman, Peoples Democratic Party, Alhaji Adamu Mu’azu

The National Chairman of the Peoples Democratic Party, Alhaji Adamu Mu’azu, and the party’s National Working Committee on Sunday dared members threatening to factionalise the party.

Muazu, who spoke through his Special Adviser on Media, Mr. Tony Amadi, in an interview with The PUNCH, said that he would not resign despite the threat of some members to form a faction of the party.

The national chairman said that the PDP would be buried if he succumbed to calls that he should resign.

Sunday PUNCH had reported that there were moves by some aggrieved members to form a faction of the party.

But Mu’azu and the National Publicity Secretary of the party, Chief Olisa Metuh, said those making the threat should go ahead and carry it out.

But in a swift reaction, the Ekiti State Governor, Mr. Ayo Fayose, said, “The PDP cannot break under any circumstance. Secondly, Mu’azu as chairman or not, cannot and will not break the PDP. Mu’azu is not a force enough to break PDP.”

Fayose said that Mu’azu did not have the clout to break the PDP, adding that if he (Mu’azu) ceased to be the chairman, the party would not die.

“How can a man who cannot win his ward, local government and state say the PDP will be buried if he resigns?” he asked.

The Ekiti State governor added that even if he (Fayose) left the PDP, the party would continue to exist.

He insisted that Mu’azu could not restructure the PDP, which he said needed restructuring.

But Mu’azu insisted that he would not resign.

Reacting to the threat by some members to form a PDP faction should he remain in office, Mu’azu said, “Let them go and form their parallel party and let us see where they are going to get their votes from.

“The only reason Mu’azu doesn’t want to resign is because if he does, those who want the PDP buried will succeed.”

The national chairman said he was not the problem of the PDP, adding that what should be uppermost in the minds of genuine party leaders should be how to rebuild it.

He said that he had remained committed to the cause of the PDP, whose member he had been since its formation in 1999.

He lashed out at Fayose and other chieftains of the party calling for his resignation.

Mu’azu asked, “Why are these people trying to create problems for themselves and the outgoing President? The President has said let us sheathe our swords; that is why we have not said anything for the past one week and we obeyed the President. He is our leader; why are they doing this?”

He wondered why some individuals were bent on heating up the polity with their conduct and utterances.

“I thought that we have finished elections, we have got a President-elect and we are going to hand over to the President-elect. Why are they taking us back? Please, let them cool down, Mu’azu is not the problem.”

Also, Metuh described the call for the sacking of the National Working Committee members of the party as a mere distraction.

He said in a telephone interview with one of our correspondents on Sunday that those calling for the dissolution of the NWC lacked the power to take decision for the party and, as such, they did not deserve a response from him.

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Buhari’ll be fair to all zones, says Tambuwal

May 11, 2015 

Speaker, House of Representatives, Mr. Aminu Tambuwal

The Speaker, House of Representatives and Governor-elect of Sokoto State, Alhaji Aminu Tambuwa, on Sunday, said that the President-elect, Muhammadu Buhari, would not discharge his duties based on party affiliation.

Tambuwal, who was reacting to statements that the former military Head of State would only focus his attention on the All Progressives Congress, on whose platform he was elected, said Buhari was elected as President for all Nigerians.

The Speaker stated this at Opoji, Edo State, shortly after receiving a traditional title, Onosejile (Godsent) of Opoji kingdom by the Onojie of Opoji, His Royal Highness, Ehidiamen Aidonojie I.

Tambuwal, in company with Edo State Governor, Adams Oshiomhole, had earlier paid a condolence visit to the Minority Whip of the House, Samson Osagie, at Urhokosa, in Uhumnwonde Local Government Area of the state.

He also stated that the President-elect would ensure justice for both the people of the South- South and South-East in the sharing of political positions.

He said the leadership of the party was still consulting on zone political offices across the country and would make its decision public soon.

He also dismissed claims that the APC was being torn apart due to its inability to work out an acceptable formular.

He said, “It is only God Almighty that gives power and he takes it away from whoever he wants at any time. Let me assure all Nigerians that our party, particularly the President-elect, Gen. Buhari will do justice to all manners of people of this great nation.

“He is a great man that is aware of the enormity of responsibilities as President of all and not President of a political party. And indeed, in particular, the people of the South-South and South- East, President Buhari will be fair and very kind to all of us as soon as he assumes office come May 29.”

Tambuwal also noted that Nigerians had become calm and hopeful for better days to come since the emergence of Buhari.

While expressing his appreciation to the people of Opoji and the traditional ruler, Tambuwal added, “I am particularly happy with His Highness for all his prayers both when I was attacked with tear gas at the National Assembly by the police and during my election as governor. Opoji is my second home and I am very grateful for this title.”

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Adoke’s friend leaked plot to abduct me – Kashamu

May 11, 2015 

Mr. Buruji Kashamu

Ogun-East senator-elect, Buruji Kashamu, has said that he got wind of the plot to abduct and take him to the United States to face charges of illicit drugs through a friend of the Attorney General of the Federation and Minister of Justice, Mr. Mohammed Adoke (SAN).

He said this in a petition dated April 15, 2015, to the National Human Rights Commission, seeking the commission’s intervention.

Buruji said in the petition that the plot to forcibly extradite him to the US was leaked to his lawyer, Ajibola Oluyede, by another lawyer (name withheld) who was Adoke’s friend while on a flight from Lagos to Abuja.

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According to Oluyede, who authored the petition on behalf of Kashamu, the friend of Adoke witnessed an occasion when former President Olusegun Obasanjo was mounting pressure on the minister to extradite the senator-elect to the US.

The petition read in part, “On a flight to the Federal Capital, Abuja, from Lagos sometime in October 2014, a colleague and friend of our principal partner, R. A. Oluyede, a Senior Advocate of Nigeria who is also very close to the AGF, informed Mr. Oluyede of the tremendous pressure that Chief (Olusegun) Obasanjo was bringing upon the AGF for the extradition of Prince Kashamu and that, in one discussion between the AGF and Chief Obasanjo, witnessed by him (the SAN), Chief Obasanjo had boasted that he was making arrangements with some US officials in the region to have Prince Kashamu abducted and flown in a private plane to the US.

“He advised that Mr. Oluyede tells Prince Kashamu, known widely to be his client, to be very careful. Prince Kashamu’s enquiry about this information revealed that indeed, there had been moves made by US officials within the region to secure the assistance of the Head of the INTERPOL division in Nigeria, Mr. Solomon Arase, a Deputy Inspector General of Police, (now acting Inspector General of Police) for the arrest and delivery to the US officials of Kashamu for transport to the US without following the due process required by the Nigeria Extradition Act.”

Kashamu had since sued the Chairman, National Drug Laws Enforcement Agency and 11 others to court over the alleged plot to extradite him to the US.

In a fundamental rights enforcement action he filed before a Federal High Court in Lagos, the senator-elect is seeking a declaration that the move to abduct and forcibly transport him to the US amounted to a violation of his right to liberty, freedom of association and freedom of movement as protected by sections 35, 40 and 41 of the Constitution

But Adoke, in an exclusive interview with one of our correspondents, said the alleged extradition move only existed in Kashamu’s imagination. Adoke said the PDP chief was only being pre-emptive in his approach to the matter because there was no extradition request concerning him currently before the Federal Government.

The minister also explained that if and when such a request was received, the government would only send such to the court for a decision to be taken.

He said, “Kashamu is only being pre-emptive by his claims. His claims are based on imagination. As of now, there is no extradition request on his case before the Federal Government. Even when such request is received, it is not the Federal Government that will take a decision on it. Such request is usually forwarded to the court for a decision to be taken.’’

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