Olusola Fabiyi, Eniola Akinkuotu, John Ameh, Leke Baiyewu and Ade Adesomoju
Human rights lawyer, Femi Falana (SAN), has described as illegal President Muhammadu Buhari’s ‘private visit’ to London and his refusal to inform the National Assembly.
Falana said this during an interview with SUNDAY PUNCH on Saturday
The senior advocate said Section 145 of the 1999 Constitution stated expressly that whenever the President was travelling out of the country on vacation, he must transmit a letter to the National Assembly.
The activist said, “No doubt, the President is entitled to embark on local and foreign trips to attend the engagements of family members and friends like other citizens.
“But the President is not permitted by the constitution to abandon the enormous responsibilities of his office for 10 days on account of a private visit to the United Kingdom or any other country whatsoever.
“Since President Buhari’s current private visit to the UK for an undisclosed mission has made it impossible for him to preside over the meeting of the Federal Executive Council and perform other functions of his office, he should transmit a letter to the President of the Senate and Speaker of the House of Representatives in compliance with Section 145 (1) of the Constitution.”
He said as long as the President could not fully carry out the functions of his office, he ought to inform the legislative arm of government.
Falana stated, “Having regard to the facts and circumstances of the controversial private visit, President Buhari is deemed in law to be on vacation or leave of absence for 10 days.
“Whether the President is on vacation or not is not in dispute, but that he is unable to discharge the functions of his office for 10 days. To that extent, the President has to comply with Section 145 (1) of the Constitution which states that, ‘Whenever the President is proceeding on vacation or otherwise, unable to discharge the functions of his office, he shall transmit a written declaration to the President of the Senate and the Speaker of the House of Representatives to that effect, and until he transmits to them a written declaration to the contrary, the Vice President shall perform the functions of the President as acting President’.”
He wondered why the Presidency refused to inform the nation of the President’s mission to the UK as Buhari remained the chief public officer.
Falana said, “The official claim that the President is not on vacation has failed to address the constitutional implications of the privacy of the visit of the Head of the Federal Government which is administered on the basis of accountability and transparency.
“Under the current democratic dispensation, the movement and activities of the No 1 Public Officer in the country cannot be shrouded in secrecy.”
Also, in an interview with SUNDAY PUNCH, another human rights activist, Chief Mike Ozekhome, said the President’s decision to travel out on a private visit was not only unconstitutional but immoral.
The senior advocate said the President, as the number one public office holder, had no right to embark on a private visit without informing Nigerians of the purpose of the visit.
He wondered why the President, who had been informing the National Assembly of his previous travels and had been delegating power to Vice-President Yemi Osinbajo as acting President, would suddenly change.
He said, “The entire journey is not only illegal, it is also unconstitutional and immoral. It is immoral in the sense that the President travelled with the tax-payers’ money.
“The day the President was sworn in, he ceased to be a private citizen and he became a public figure whose public outings must be known, especially when he is outside Nigeria.
“The visit is illegal and unconstitutional because he did not transmit a letter to the Senate that till he returns, the Vice-President will be the acting President and perform the duties of the President.”
Also, another SAN and Queen’s Counsel, Prof. Fidelis Oditah, said although the trip might not be illegal, it violated constitutional provision that required the President to transfer power to the Vice-President whenever he was on vacation.
Oditah, whose QC title is the England’s equivalent of the Nigerian SAN, said the President’s “private” trip abroad qualified as a vacation.
He added, “How is the trip illegal? I think it is better to say that the President violated the provision of the constitution which requires him to transmit a letter to the National Assembly transmitting power to the Vice-President.
“I don’t know if that, by itself, makes the trip illegal. But I suppose it’s a matter of semantics.
“I think the Constitution is clear that whenever the President wishes to go on vacation, he is required to inform the National Assembly and to transmit a letter that he is transferring the reins of power to the Vice-President.
“I am not sure of what the President says he is doing, but if the President were to be on an official duty outside the country for five or six days, he would not be required to transmit a letter. But here he says he is making a private visit to the United Kingdom for 10 days, and I think that will count as a vacation, whether he says it is a vacation or not.”
But another Senior Advocate of Nigeria, Mr. Paul Ananaba, said the trip was not illegal, stating that every issue should not be politicised.
He said, “The trip is not illegal. Transmitting letter has to do with whether the Vice President should act or not. We should not politicise every issue in the country.
“Transmitting letter or not has to do with which role the Vice President will play when the President is on a foreign trip and not the illegality or otherwise of the trip.”
When contacted, the spokesperson for the All Progressives Congress Presidential Campaign Organisation, Mr. Festus Keyamo (SAN), said he was not competent to speak on the issue but the President’s spokespersons.
Expect more ‘I don’t care’ attitude from Buhari –PDP
In its own reaction to Buhari’s trip, the main opposition party, the Peoples Democratic Party, said Nigerians should expect more daring actions from the President in coming days.
It said this was one of the many reasons why the President and the All Progressives Congress were making moves to install their cronies as the heads of the two chambers of the 9th National Assembly.
The National Chairman of the PDP, Prince Uche Secondus, who spoke with SUNDAY PUNCH on Saturday, said the President and the APC were planning to undermine the 9th National Assembly.
Secondus stated, “We now see one of the reasons why the President and his party are desperate to force their cronies on both the Senate and the House of Representatives.
“The President wants a National Assembly that will not ask him questions. He wants a leadership that will pass bills as presented without subjecting them to public hearing and debate. The President wants to leave the country without anyone asking him his whereabouts.
“That will not be possible in a country like Nigeria. How will he leave for 10 days without informing the National Assembly and also hand over to the Vice President? This is wrong.”
Secondus asked Nigerians to get ready to confront the President in the coming days, wondering why he (Buhari) would not show commitment to end the killings in many states, including Katsina.
Buhari can rule from anywhere within short absence –Presidency
But the Presidency said on Saturday night that Buhari could govern the country from anywhere in the world.
It stated that so long as the President’s absence was for a short period, he did not need to inform the National Assembly.
The Presidency also said Buhari, while in the UK, was exercising authority as the President since his absence would be for 10 days and not up to 21 days.
In a response to an enquiry on the issue by Sunday PUNCH, the Senior Special Assistant to the President on Media and Publicity, Mr Garba Shehu, made a reference to Section 145 (1)(2) of the 1999 Constitution to make a defence for Buhari.
When asked why Buhari did not inform the National Assembly of his trip, Shehu replied that it was not necessary.
He stated, “No, that is not necessary. The President can exercise authority from wherever he is as he is currently doing.
“This is a relatively short absence. If you check Section 145 (1) and (2) of the Constitution, you will see that the law is only infringed upon when such absence extends to 21 days.”
The President had jetted out of the country on Thursday, last week.
Meanwhile, both the presidential liaison officers in the National Assembly and officials in the offices of the President of the Senate and Speaker of the House of Representatives could not confirm the transmission of a letter by Buhari notifying the legislature about his trip as of Saturday night.
When contacted on Saturday evening, the Senior Special Assistant to the President on National Assembly Matters (House of Representatives), Mr Umar el-Yakub, declined to speak to one of our correspondents.
The SSA on National Assembly Matters (Senate), Senator Ita Enang, also did not confirm transmission of the letter. “I will be able to speak about it on Monday. Right now, I’m home for family and political matters. When I return (to Abuja) I will officially speak next week; I will officially speak on Monday,” he said.
Also, the Special Adviser to the President of the Senate on Media and Publicity, Alhaji Yusuph Olaniyonu, could not confirm receipt of the letter by his principal as of Saturday night.
Olaniyonu, however, noted that the letter might have been transmitted to his principal after the plenary on Thursday and might be made public to members at the next sitting on Tuesday.
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“The rule of law must be subjected to the supremacy of the nation’s security and national interest. The law can only be optimally practiced in a Nigeria that is safe, secure and prosperous.”
Godwin Tsa, Abuja
President Muhammadu Buhari has declared that the nation’s security cannot be sacrificed on the altar of individual rights and rule of law.
He told a gathering of lawyers yesterday, in Abuja, that when national security is threatened, the rule of law must take a back seat.
President Buhari, who spoke while declaring open, the 2018 Annual General Conference of the Nigerian Bar Association (NBA), said: “The rule of law must be subjected to the supremacy of the nation’s security and national interest. The law can only be optimally practised in a Nigeria that is safe, secure and prosperous.
“Our apex court has had cause to adopt a position on this issue and it is now a matter of judicial recognition that; where national security and public interest are threatened or there is a likelihood of their being threatened, the individual rights of those allegedly responsible must take second place, in favour of the greater good of society.”
He tasked lawyers ahead of the forthcoming general elections to work for national cohesion and unity, “through your speeches and public positions and, most importantly, in your advocacy in court.”
The president said the theme of the Conference is important ”in view of the fact that it demonstrates the willingness of the NBA to address issues, not only related to the immediate practice of law but, more importantly, to solutions of wider society’s problems.
”Since the inauguration of this administration, I’ve had the privilege of observing, at first hand, how societies experience transition, attempt transformation and build or strengthen institutions to manage these processes.
As you will recall, this administration’s emergence marked the first successful civilian transition in Nigeria’s democratic history, following the outcome of the 2015 general elections.
Given the enormity of the challenges we inherited, and the yearnings of a citizenry, earnestly desirous of a new way of running national affairs, our first challenge was to transform our country speedily into a society where impunity in the management of national resources would be replaced with a culture of accountability and transparency.
“We needed to deploy our resources to address our common needs, rather than the greed of a callous few. In order to achieve this, we have had to disrupt age-old assumptions and unsettle ancient norms in the management of our national patrimony, as you have all witnessed in the last three years.
“While we have made appreciable progress in several sectors, including public awareness of the need to challenge the corrupt and the brazen in our midst, we have also learnt useful lessons on the dynamism of our society.
“However, elements within every society, including some lawyers, can equally become unduly resistant to change, even where it is proven that such change is to serve the interest of the larger society. At worst, corruption fights back.
“As we gradually move into another season of intense political activities, preparatory to the 2019 general elections, I enjoin you to remember that by reason of your profession, you all have a responsibility to work for national cohesion and unity through your speeches and public positions and, most importantly, in your advocacy in court.
“In the context of opinions and narratives about our past and present political and socio-economic experience, you cannot afford to jettison rational and proper analysis of issues in a manner which builds, rather than destroys the nation.
“I also urge you to work to uphold and improve the sanctity and integrity of our judicial and electoral institutions, which play a fundamental role in the sustenance and growth of our democracy.” (The Sun)