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View Full Version : On Bakassi: Untill we the people say yes - by Tola Oresusi



Admin 2
Dec 3, 2007, 10:38 PM
Those who claim that all the National Assembly must do is to ratify the Bakassi ruling, even if it is in conflict with the Constitution have got it wrong. In my view, because of their experience, they lack an important understanding of Democratic Constitutional Government.

The Bakassi matter raises two fundamental principles: which law is supreme; international law or domestic law, and how must a sensible government handle the imposition of that foreign judgment over domestic law when the judgment is contrary to the essence of the state.

There is a hierarchy in constitutional analysis of the law, domestic or foreign. It is generally understood that in a Federal system, The Constitution is the supreme law of the land. Second to the Constitution are the laws passed by the National Assembly and followed closely are International treaties "ratified" by the National Assembly.

Any law contrary to the Constitution is repugnant to the Constitution and must be declared illegal. The only way to properly address the Bakassi matter must be through a Constitutional laid down procedures for such matter. Meaning, a legislation becomes law when it is passed by the legislative arm of government and then signed by the president.

Ratification is an issue only where a treaty is involved. Here, we have a foreign judgment which we can choose not to abide by even though we voluntarily submitted to the ICJ. The good reason simply is that we the people through our Constitution have stated Bakassi is part of the indivisible Nigeria. Therefore, nobody can give away what it has no power to give. Our collective consent to cede governance to the Legislative and Executive branches of government is limited to their obeying the letter of the Constitution and if there is any need to deviate from the Constitution, it shall be only through passing amendments to the Constitution otherwise the holy book becomes meaningless.

It is jungle analysis of a serious and weighty subject to say all the National Assembly should do is "domesticating the decision of ICJ without further delay". And a rather cavalier dismissal of Bakassi as being an interregnal part of Nigeria coming from a lawyer is an outrage. Ajibola has simply got it wrong. His self-interest dictates that he must express dubious theory where an elementary understanding of the law says otherwise. We are blessed with "kaki" promoted individuals who can now make claim to knowledge and wisdom when we know they had lost wisdom a long time ago to self-interest and self-promotion.

Whatever disquiet the revisit of Bakassi has brought is long overdue. It is a second rude awakening of the excesses of the Obasanjo regime after the third term debacle. The Obasanjo boys, like their master, selectively lack the willingness and the ability to comprehend the must basic of all things: follow laid down procedures so that we can begin to create a semblance of a system.

Viable oppositions have raised alarm that there are many elements still in the corridors of power that live and breathe only by command and control. They have cultured their thought pattern to obey and use no initiative. What late Fela Anikulapo called Zombie. In other words, they have zombie servitude mentality. We cannot allow their debilitating leprosy to infect the thought psychic of the nation.

We the people can choose to domesticate Bakassi if we so desire. But it must be done only through laid down constitutional procedures.

I stand to be corrected.

Tola Oresusi

fuguez
Dec 4, 2007, 02:45 PM
Tola - what are people to make of an Executive that signs laws that are then deemed to be illegal by his county's own constitution?
It is not for outsiders to worry about whether our Presidents actions are constitutionally-legal, or is it?

Maybe we can claim that he was insane - there is enough evidence to support it.

Nonyellum
Dec 15, 2007, 01:51 AM
Bakassi issue is another Okada action waiting to happen.

Wake up giant of Africa and take your rightful position.

Wake up NA, Senate, we wan hear debates on the issues. Earn your keep!!!!!