As the administration of General Mohammed Buhari suddenly draws close to the end of its honeymoon (first 100 days in office), it is becoming clearer that Nigeria is threading a new part of nationhood. Technically, the new pattern of governance is not entirely new, but the creepy circumstances are quietly creeping into the National subconscious culture. It is gradually gaining acceptance amongst those who are caught up in the band wagon of collective amnesia. It is definitely not a constitutional democracy; not a diarchy; not the usual military rule by Decrees, and but by all ramifications, a convincing government of “Body Language”.

In the run up to the 2015 Presidential elections, Buhari had told Nigerians that he was now a refurbished civilian – a converted democrat who believed in multiparty democracy. Nigerians believed. Powered by the demonization of the Jonathan Administration, the change Campaigners flooded the Nigeria with the message of change. The word “Jonathanian” was introduced into the National lexicon by Mallam Nasir El-Rufai (now the Kaduna State governor). “Clueless” became the most shared term both in the print and social media.

Since the inauguration of the Buhari Presidency on May 29, however, Nigeria’s constitution has been violated more than observed. The first Salvo from Buhari was to disappoint his entire party on the formation of a cabinet as required by this constitution. The framers of our constitution had envisaged a cabinet to help in the daily running of government to realise the hopes and aspiration of its people. It has now gone down in history that Buhari has been the only President since independence to govern without a cabinet for almost months, under a constitutional democracy.
Femi Adesina, the Special Adviser to President Buhari on Media through a press statement had informed Nigerians that President Buhari will appoint a Cabinet in the fullness of time. Soon after, President Buhari informed the world that amongst all the nominees for ministerial positions, who are predominantly his party members – the All Progressive Congress (APC), he has not found one individual worthy to serve as a minister. The puzzling questions are: did the APC as a political party decided not to form a cabinet four months in government? Would Asiwaju Tinubu have supported and sponsored Buhari if he knew he wasn’t going to form a government until September? Is this cabinet impasse a party decision or the body language of a maximum ruler?

Section 147 (1) of the Constitution of the Federal Republic of Nigeria 1999 as amended provides that “There shall be such offices of Ministers of the Government of the Federation as may be established by the President”. But the Buhari supporters would always be quick to misinterpret this statutory passage, with a pointless argument that cabinet appointment is discretionary. The provision of the constitution actually permits the President to decide the number of aides he would work with, and Buhari had reportedly reduced the current ministerial positions. But the appointment of ministers in a timely manner remains obligatory. For example, the word “shall” as used by the law gives no room for any discretion. But in complete revolt of the oath of the office he took, President Buhari has remained in utter violation.

With the dwindling oil prices and the reckless spending by State governments during the last general elections, President Buhari was confronted with months of unpaid workers’ across various states of country. Without the benefit of financial advice especially from a Finance Minister, President Buhari had embarked on a bailout mission for the States against the spirit and letters of the Constitution. It must be stated here that workers deserve their wages. The longsuffering Nigerian workers deserve to get more than their current take home pay. However the process of financial bailout for States is clearly spelt out in Section 164(1) of the 1999 constitution that, “Federation may make grants to a State to supplement the revenue of that state in such sum and subject to such terms and condition as may be prescribed by the National Assembly”.
Firstly, the “Federation” the law considers here does not apply to the President. Secondly, any grant or bail out by the federation must be appropriated by the National Assembly. But in protest to his sworn oath of office, President Buhari unilaterally approved and appropriated funds while the National Assembly was on recess. And since resumption of plenary by the National Assembly, no letter, motion or request has been brought before the National Assembly for ratification. Are we still running a democracy?

In pursuit of his disdain and relegation of the constitution which he swore to protect, Buhari had abandoned Section 150 which provides that “There shall be an Attorney –General of the Federation who shall be the Chief Law Officer of the Federation and a Minister of the Government of the Federation.” Mr President further went ahead and appointed an unconstitutional Advisory Committee on Corruption which has no backing of law and which as a result would render all its actions, advice, and recommendations detrimentally unconstitutional.

All these aberrations and rape on our constitutional democracy have been termed the “body language” of Mr President. The Body Language of Buhari is gradually becoming the acceptable grundnorm of the Nigerian Nation. Consequently, the current body language is synonymous with the usual military disdain for constitutionality – which is Buhari’s major command trait.

Almost 100 days into the life of a new government, the body language of Mr President has not given a clear road map and a policy direction in the various sectors of the economy. With the continuous fall in price oil price, the body language of Mr President has not articulated a clear position on how to annex the inherent mineral resources that abound all over the country. All we hear are praise songs from very scary quarters urging Buhari to carry on with his body language.

Gradually, as Nigerians, we are beginning to forget that we operate a constitutional democracy. While we await signals coming from the body language of President Buhari in every area of our national life, we hope that that the body language will not translate into the kind of cult followership obtainable in rogue nations like Iran and North Korea where every utterance from the maximum ruler is law.

Written by Oshiokpekhai Utu-Orbih, an attorney, broadcaster and media consultant.


http://www.today.ng/blog/08229032-nigeria-struggles-with-a-government-of-body-language/


Well written. This Man just put what I have in mind to writing.

Seun

Lalasticlala

what do you think.

Am still waiting for the body language of the president to bringbackourgirls, feed school children,pay unemployed youths,fight BH within one moth,fight corruption,make #100 to be equal to one dollar,create one milion job by may next year!

Everywhere you turn, the critics of this administration are constantly berating the government based on the sole fact that a cabinet has not yet been constituted, Ignoring the fact that the President is obviously cleaning the system, blocking leakages and loopholes that were inherited from the previous government. It is rather unfortunate that the critics keep on talking about a dictatorial government that only exist in their bitter hearts and minds. It is rather unfortunate that the critics ignore the fact that all appointments made so far are based on credibility and performance as against what was obtained in previous governments. It is most unfortunate that the critics don't want to give this government the benefit of the doubt that the delay in appointing ministers is because this administration is searching for in-corrupt, hardworking, and fearless ministers to draw up and drive the policies of the administration. I personally want the critics to know that Nigerians know what they want and no no amount of needless wailing will make the government be forced into making costly decisions that will eventually hamper its effectiveness in the long run and in turn rob us Nigerians of the dividends of democracy we have been waiting for since 1999.

Buhari came to power on Lies and propaganda. So he must use body language as a decoy to keep lying without speaking!
We know that Bubu has got nothing to offer except returning power to the North.

Ok.

Abeg, am still enjoying this body language while it last.
Buhari's administration came by necessity. After he lost his past elections, the burden of impunity and corruption brought Buhari up as a leader.

GEJ was a good man, he was tagged corrupt because he doesn't want to step on toes. I think for now we need a tough leader.

On the rule of law? He would change.

mars123:
Everywhere you turn, the critics of this administration are constantly berating the government based on the sole fact that a cabinet has not yet been constituted, Ignoring the fact that the President is obviously cleaning the system, blocking leakages and loopholes that were inherited from the previous government. It is rather unfortunate that the critics keep on talking about a dictatorial government that only exist in their bitter hearts and minds. It is rather unfortunate that the critics ignore the fact that all appointments made so far are based on credibility and performance as against what was obtained in previous governments. It is most unfortunate that the critics don't want to give this government the benefit of the doubt that the delay in appointing ministers is because this administration is searching for in-corrupt, hardworking, and fearless ministers to draw up and drive the policies of the administration. I personally want the critics to know that Nigerians know what they want and no no amount of needless wailing will make the government be forced into making costly decisions that will eventually hamper its effectiveness in the long run and in turn rob us Nigerians of the dividends of democracy we have been waiting for since 1999.

My friend, impunity cannot be fought with impunity. That we have been waiting for the dividends of democracy since 1999 does not mean that the constitution should be usurped for any reason. As the poster rightly mentioned, with fellows like you around, it won't be long before Buhari transforms into a maximum ruler in the mold of AK of iran. You should not, never take 3months to appoint a cabinet except he has become God otherwise even if he takes the next 1year, some of his appointees will still eventually fall short. A stronger message will be sent by hiring and firing anyone that falls short. I smell something sinister going on otherwise for a man who spent 12years of his life vying for an office and working with people to actualize it eventually and suddenly waking up not to find any of them fit for appointment gives serious cause for concern.

Nobody is above the constitution and if the constitution mandates him the president to appoint an executive team, then he should proceed without further delay and appoint them. By every rational standard, we should not be talking about the appointment of a cabinet now. We need to move on to other important issues of national concern. President Buhari is holding the entire nation to ransome. If indeed we the people are his employers then he is holding us to ransome rather than delivering on his mandate. As the popular saying goes, when a hand shake begin to extend to the elbow then one has to beware. We must all beware from henceforth.

Benzora:


My friend, impunity cannot be fought with impunity. That we have been waiting for the dividends of democracy since 1999 does not mean that the constitution should be usurped for any reason. As the poster rightly mentioned, with fellows like you around, it won't be long before Buhari transforms into a maximum ruler in the mold of AK of iran. You should not, never take 3months to appoint a cabinet except he has become God otherwise even if he takes the next 1year, some of his appointees will still eventually fall short. A stronger message will be sent by hiring and firing anyone that falls short. I smell something sinister going on otherwise for a man who spent 12years of his life vying for an office and working with people to actualize it eventually and suddenly waking up not to find any of them fit for appointment gives serious cause for concern.

Nobody is above the constitution and if the constitution mandates him the president to appoint an executive team, then he should proceed without further delay and appoint them. By every rational standard, we should not be talking about the appointment of a cabinet now. We need to move on to other important issues of national concern. President Buhari is holding the entire nation to ransome. If indeed we the people are his employers then he is holding us to ransome rather than delivering on his mandate. As the popular saying goes, when a hand shake begin to extend to the elbow then one has to beware. We must all beware from henceforth.

the basic fact is that you can't satisfy everyone, the constitution says a cabinet must be formed by a democratically elected president , it never gave a time limit. September is around the corner and you wailers have increased your voice...yes, i prefer a brutal Buhari to a lily liver president who can be taken for a ride by almost everyone under him. The president has shown that it isn't going to be business as usual, and that is something his ministers will know already before they take office.