28 Dec 2006 |
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Ìbáà tínrín, okùn òtíto kì í já; bí iro tó ìrókò, wíwó ní wó (Even if it is flimsy, the thread of truth never snaps. Even though a lie might be as wide as an ìrókò tree, it will inevitably crash). Dr Gary K. Busch Nigeria is, once again, going through a series of major crises. As always, these crises occur because the rule of law is not respected. Those in power abuse the rules of the Constitution with impunity and ignore all reasonable constraints in the pursuit if their political agendas. The current overt crisis is over the statements of the President that the post of the Vice-President is vacant because the incumbent has chosen to run in the next presidential election on a party platform which is different than the one on which he was elected. The President has announced that he is canvassing for the replacement of the Vice-Presidency from among his friends. In the meantime, the President has announced that gubernatorial posts are also vacant and that the Senate is bereft of a large numbers of its member because they have chosen affiliation to different parties. Perhaps, one day, someone will read the Nigerian Constitution. Nigeria is not run by a parliamentary democracy. This was abandoned when the new Constitution was ratified. That means that it is not a party which is elected to power, but an individual. He personally stands as a candidate. There is no Prime Minister elected to lead a Parliamentary party. It is an Executive President and an elected two-tiered legislature. The President and the Vice-President are not leaders of any party (although they can be) and the party has no say in the governance of the country. Laws and budgets are made by the elected National Assembly and carried out by the Executive Branch. The Constitution is clear:” Subject to the provisions of this Constitution, the executive powers of the Federation: (a) shall be vested in the President and may subject as aforesaid and to the provisions of any law made by the National Assembly, be exercised by him either directly or through the Vice-President and Ministers of the Government of the Federation or officers in the public service of the Federation; and (b) shall extend to the execution and maintenance of this Constitution, all laws made by the National Assembly and to all matters with respect to which the National Assembly has, for the time being, power to make laws.” Nigerians don’t seem to have grasped this or acted upon their interests. Obasanjo once was a military dictator; in power because the Army was in control. He is now a civil dictator in power because the country is too venal and apprehensive to insist on the rule of law. The President has no right to appoint or fire the Vice-President. The Constitution is unambiguous on this point: “144. (1) The President or Vice-President shall cease to hold office, if -
(2) Where the medical panel certifies in the report that in its opinion the President or Vice-President is suffering from such infirmity of body or mind as renders him permanently incapable of discharging the functions of his office, a notice thereof signed by the President of the Senate and the Speaker of the House of Representatives shall be published in the Official Gazette of the Government of the Federation. (3) The President or Vice-President shall cease to hold office as from the date of publication of the notice of the medical report pursuant to subsection (2) of this section. (4) the medical panel to which this section relates shall be appointed by the President of the Senate, and shall comprise five medical practitioners in Nigeria:-
(5) In this section, the reference to "executive council of the Federation" is a reference to the body of Ministers of the Government of the Federation, howsoever called, established by the President and charged with such responsibilities for the functions of government as the President may direct. It is clear that none of the above have happened so there is no question of a vacancy created in the Vice-Presidency. Under Obasanjo, law is not policy and policy is not law. If the President took the trouble to read the Constitution he would find “138. The President shall not, during his tenure of office, hold any other executive office or paid employment in any capacity whatsoever.” Why has Obasanjo been allowed to be Oil Minister in clear contradiction to the Constitution? He has been Oil Minister because he says he is; the Constitution be damned. He has granted himself the right to set the domestic price of fuel. He has used his office for massive financial gain and the gain of his friends. He has awarded contracts and marginal fields to those who toady to him, including the recent Starcrest deal. His Presidential Library is a well-organised scam. While it is easy to attack the President for his abuses of the law as well as the excesses of his hunting hyena, Ribadu, it is not easy to feel much sympathy for the other characters involved at the top of Nigerian politics. It would require someone with a high degree of moral blindness to feel much sympathy for Atiku, Ibori, Odili or the host of others sucking on the Nigerian oil teat. Why should one expect loyalty from a President just because you send him 5% of the Derivation money coming into your state for over eight years? The FBI in the US and Special Branch in the UK have extensive files on all of the above and double that for Emeka Offor. The FBI estimates that of the 140,000 Nigerians east of the Mississippi, almost 40% are engaged in criminal activity (from 419 business to benefit fraud). The oil bunkerers are well known to the US, British and other Western authorities as, with the exception of some crude sent to West Africa, most of the crude stolen ends up in Houston. No one can really doubt the involvement of the Niger Delta governors in the bunkering business and the search for “justice for the Delta”. The mistake of Nigerians is to think that the oil companies care about what happens in the Delta. If the oil companies take their crude from onshore sites, they must pay a hefty proportion of the money to the NNPC under their PSA agreements. On the other hand, if on-shore oil is not available or dangerous there is plenty of spare capacity offshore (Erha, Bongo, etc.) to make up the OPEC quota. If the crude is offshore crude the proportions of payment are very different. The greatest bulk of the funds go to the oil companies, with only a fraction to the NNPC. Equally, the ‘dash’ to be paid offshore is a very small sum compared to onshore crude. This is why the oil companies make only a token protest about the Delta violent. Nothing is being said here that every Nigerian doesn’t already know. The problem is that Nigerians are not willing to do anything about it. The first Nigerian answer to any development is, invariably, “Wot then be my side?” Nigerian journalists openly take money from political candidates, as “sponsorship”. The NLC unionists are regularly “settled”. Politicians are rewarded, as in the Third term business with cash awards or oil concessions, or punished by harassment by the EFCC when Ribadu is directed to attack politicians and ministers. The rest of the world looks at Nigeria with complete contempt. How can such a rich country be so corrupt and so unwilling to change, Nigerians even take pride at being found at the bottom of the Transparency list for corruption. Nigerians travel the world as pariahs; treated as corrupt 419ers, drug couriers, benefit cheats or hookers. There are few jails anywhere in the world without a Nigerian in them. This is a pity as there are millions of hard-working, educated and honest Nigerians everywhere. However, the problem is that Nigerians are cowards. They are unwilling to face up to their problems and deal with them maturely. No foreigner can want democracy more for Nigeria than Nigerians want it for themselves. No one can help Nigeria if they are not willing to stand up for what they know is right. So, as we all watch the further erosion of democracy in Nigeria and the perversion of the political system by knaves and thieves, don’t expect any sympathy from the rest of the world. Nigeria is a disaster and the Nigerians have earned what they ultimately deserve. If they are not willing to fight for liberty and democracy they will never get it.
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