By Obi Nwakanma
Let us think of the Deputy President of the
Nigerian Senate as, like a co-pilot. His hands
are on the same lever with the president of
the senate, navigating the nation through the
storms of nation-build. That is right: nation-
building does not happen at the executive
office, it happens in the chambers of the
nation’s legislative houses.

This is a fairly clear axiom of democracy:
without the parliament, there is no republic.
It is the parliament that legitimizes a free
democratic state. It is the very source of all
powers of governance. The parliament of the
land is the most powerful institution of
state, not the office of president, as most
Nigerians, still steeped in military-era
mentality tend to think. The President is a
servant of the elected, and constituted
National Assembly.

While the National Assembly is both the
voice, the ears, and the eyes of the public in
the system of democratic rule. They do not
answer to any other person – neither to the
courts nor to the president – but to the
people. That is why, whenever there is a
coup, the first institution that is abolished is
the parliament of the land. For as long as
the parliament is in session, the nation
exists. But wherever a parliament is
abolished, the nation goes into a hiatus. In
that instance, the president answers to no
one. That is the meaning of absolutism.

The only power parliament accounts to is the
people. I need to emphasize this again.
Which is why I was both startled and
personally horrified this past week on
reading the silly letter to the US Congress,
the EU, the UK, and the UN, by the Deputy
president of senate, Mr. Ike Ekweremadu,
complaining that Nigeria’s democracy is
threatened. I am horrified that the Nigerian
press that consented to dignify such a
middling letter by publishing it, did not go,
as part of its obligation to the public, to ask
Mr. Ekweremadu what he expected the UN,
the US Congress, the UK, and the EU to do
with his letter of complaint. I do not
especially recall that the Speaker of the UK
Parliament wrote to Nigeria, or the AU, or
the US Congress, or the UN when the “Yes”
vote carried on the Brexit referendum, or
whenever the Labour Opposition fought with
the ruling Conservative party in the
Commons. Nor have I even heard, or seen
any self-respecting African nation misusing
its sovereign mandate so much as Nigerians
in making such silly appeals to the
“international community.” Yes, Africans now
call Nigeria: “the big fool.” It is such a
remarkable transition, from the “giant of
Africa” to the “big fool of Africa” because
Nigerian public officials are colonized,
sanitized, hypnotized, and perhaps in fact,
lobotomized so much that they misconstrue
their place on the world stage.

Nigeria is currently an inferior nation
because she is run by inferior men and
women. Many of us feel utterly ashamed by
the quality of individuals that we have
managed to hand over the sovereign
mandate, and it is my view that the full
measure of Ike Ekweremadu as a legislator
and politician can be taken in the weight and
significance of his letter. The US Congress or
the UK government or the UN does not have
voting rights in Nigeria. Ike Ekweremadu did
not write to his constituents whom he
represents in Enugu, nor to the Nigerian
people, whose views and actions, and
interests, matter in this question. He did not
write a straight and unambiguous letter to
the president to back off. He did not write
to his legislative colleagues to drive home
the necessity of protecting the republic from
the intrusion of a rampaging elephant in a
China shop.

He wrote to some alien powers whose
opinions are really inconsequential to
whatever might become of this rapidly
evolving situation. And I’m sorry to say that
Ekweremadu’s letter only proves that he has
no business wearing the shoes of mighty
men. He has also proved the average
Nigerian politicians utter disrespect of the
Nigerian electorate from whom they derive
their mandates. He has also demonstrated
that he lacks a basic grasp of the nature of
his own mandate as a senator of the
republic. Perhaps I should outline this
basically by saying that the president’s
actions, for instance, in these anti-
corruption probes, usurps the power of the
legislature. President Buhari has no mandate
to probe corruption or misuse of public
funds.

The only institution mandated by the
constitution to probe any person or any
institution of government is the National
Assembly and the various Houses of
Assembly. Here is what the Nigerian
constitution says without ambiguity: “ 85.
(1)
There shall be an Auditor-General for the
Federation who shall be appointed in
accordance with the provisions of section 86
of this Constitution.

(2) The public accounts of the Federation and
of all offices and courts of the Federation
shall be audited and reported on to the
Auditor-General who shall submit his reports
to the National Assembly; and for that
purpose, the Auditor-General or any person
authorised by him in that behalf shall have
access to all the books, records, returns and
other documents relating to those accounts.

(3) Nothing in subsection (2) of this section
shall be construed as authorising the
Auditor-General to audit the accounts of or
appoint auditors for government statutory
corporations, commissions, authorities,
agencies, including all persons and bodies
established by an Act of the National
Assembly, but the Auditor-General shall -

(a) provide such bodies with -

(i) a list of auditors qualified to be appointed
by them as external auditors and from which
the bodies shall appoint their external
auditors, and

(ii) guidelines on the level of fees to be paid
to external auditors; and

(b) comment on their annual accounts and
auditor's reports thereon.

(4) The Auditor-General shall have power to
conduct checks of all government statutory
corporations, commissions, authorities,
agencies, including all persons and bodies
established by an Act of the National
Assembly.

(5) The Auditor-General shall, within ninety
days of receipt of the Accountant-General's
financial statement, submit his reports under
this section to each House of the National
Assembly and each House shall cause the
reports to be considered by a committee of
the House of the National Assembly
responsible for public accounts.

(6) In the exercise of his functions under this
Constitution, the Auditor-General shall not
be subject to the direction or control of any
other authority or person.”

The National Assembly can also summon
anybody before it, including the president of
the republic, as well as cause the removal of
anybody from office by impeachment,
including the president or his Attorney
General. The National Assembly can mandate
the Attorney General to try the president for
treason, if it finds the president to be a
threat to the republic. The National Assembly
can defund the office of the Attorney
General, the EFCC or any statutory office of
government, or cause it to go into abeyance.

The National Assembly can stop the functions
of the federal government by de-authorizing
any presidential expenditure. That is the
extent of the power of the legislature. With
regards to the current distraction of trial for
“forgery” of the president and deputy
president of senate, one is thoroughly
shocked that these gentlemen consented to
appear in court! No court of the land has
the authority to summon any legislator to
court on questions around procedures,
discussions, or actions carried out within the
chambers of the National Assembly. This is
the practice all over the world.

The allegation of “forgery” of senate rules is
a distraction because the rules of senate are
subject to change, and is what it is, when a
sitting senate votes to use, amend, or
discard it as the case may be, as its guiding
frame. It is not subject to the intrusion of
any court, much less the presumption of
crime by the Attorney General. This, Mr.
Ekweremadu and Dr.Saraki ought to know,
and should be properly advised, as an act
honoring their mandate, to desist from
appearing any further before any courts on
this matter, and take charge of their
legislative duties.



http://www.vanguardngr.com/2016/07/president-no-constitutional-mandate-probe-corruption/

Ok

Please add paragraphs to your writeup.
Regards

What a pile of embellished rubbish.

No one is above the law, and saying Saraki and Okoromadu are not answerable to the courts is just ridiculously senseless.

One thing the writer is right about though is that the cry letter sent to the UK and other foreign parliaments is an indicator of the sender's inadequacy to wear the shoes of mighty men.

K

Vendoor:
Please add paragraphs to your writeup.
Regards

ok, thanks

fulanimafia:
What a pile of embellished rubbish.

No one is above the law, and saying Saraki and Okoromadu are not answerable to the courts is just ridiculously senseless.

One thing the writer is right about though is that the cry letter sent to the UK and other foreign parliaments is an indicator of the sender's inadequacy to wear the shoes of mighty men.

If you believe a part of what he wrote, then you should believe all. His presentation is without ambiguity as he made reference to the nigeria constititon which is the operational code of governance in this country. His essay could be likened to a man who owns an electronic gadget, but has never bothered to read the operational manual, we should all be horrified at this exposé. Moreover he is Ekweremadu's kinsman so no tribal colouration would ne added to the article. Finally, if you hav a superior argument present it and stop dismissing with a wave of hand a properly written epistle as this.

I believe the Senate president and his deputy ought to know wether it is constitutionally allowed to change d Senate rules or not, and as it is, they can simply go to d court and clarify or defend themselves if at all the Senate rules are subject to change.

The president seems to be the one fighting his perceived corrupt enemies rather than the anti graft agency and the Nigerian bar association,nba,are not telling the president that it is not his constitutional duty to do such.

Mr. Obi Nwakanma, just a couple of questions for you:

1. Who is the Chief Law Enforcement Officer of Your country?

2. What is the chief function of a law enforcement officer?

3. Why do people whose name(s) bear a semblance to yours always have an affinity to crime and seem to dislike the idea of a society run with law and order?

Obi Nwakanma!! Why would anyone be surprised??

If they aren't supporting Shiite terrorists and calling for their leader El Zakzaki's release, they are busy showing strong support for Boko Haram or Niger Delta terrorists.

Drug pushing, raising bastard children in baby factories, armed robbery, support for terrorists, very strong support for corruption, these are the things they are most adept at.

How could a supposed human being wake up and write down such supper pile of crap?? Tomorrow, you'd find them crawling all over the web claiming everyone hates them. How could one possibly like an animal that shows such strong affinity for anything sleazy and disgusting??

Hell, what exactly is wrong with Ugandans for God's sake??

Look at the name of the author.

Not surprised or amused.

Good write up spot on d rode to power tru a gud democratic system n setting n his here d tyrant destroying it

Some people are enormously and bountifully endowed with a vast amount of stupidity!!!


Such is the OP!

Oksman:

If you believe a part of what he wrote, then you should believe all. His presentation is without ambiguity as he made reference to the nigeria constititon which is the operational code of governance in this country. His essay could be likened to a man who owns an electronic gadget, but has never bothered to read the operational manual, we should all be horrified at this exposé. Moreover he is Ekweremadu's kinsman so no tribal colouration would ne added to the article. Finally, if you hav a superior argument present it and stop dismissing with a wave of hand a properly written epistle as this.

Such a pile of crap can only impress the simple minded. I did not bother picking holes in the article because of the overwhelming senselessness which should be obvious to the dimmest of lights.

Where in the constitution was the AG given the exclusive power to probe public accounts?

Are you aware of the supremacy of the rule of law as enshrined in the same constitution? The blindness of justice?

How can even a half educated imp state that any Nigerian without immunity is above appearing before the courts?

Are you aware that the auditor general's primary duty is to investigate compliance of public accounts with financial regulations and not investigating corruption by public officials?

Are you aware that forgery is a criminal offence?

Of course the writer knew he could find a gullible audience so it's no surprise he penned this embellished pile of crap.

seun ooooooooooo, come see wetin I'm seeing.
seun; aburo, who be dat?
me; weyrey.
seun; for where? why?
me; @p, he talk sey some people dey above the law according to Nigeria constitution.
seun; you are right, he is truly maddin, in short, he is mad,madder,maddest