[size=20pt]The Constitution and Jonathan’s dilemma[/size]

The Constitution of the Federal Republic of Nigeria 1999 places those who occupy number two positions in precarious situations. Severally, they have been called spare tyres, sidekicks and such derogatory names. This is so because the constitution does not assign specific roles to the Deputy Governor and the Vice President.

In the case of Nigeria’s Vice President, only the administration of President Olusegun Obasanjo gave meaning to that office during its first term, when Vice President Atiku Abubakar was really in charge.

The constitutional provisions are unambiguous, the Vice president is a stand in President in name but he is far too exposed to the perpetual fear among loyalists of his boss who readily play out the insinuation-‘here is the man who is waiting for the death of our man’.

Section 136 of the 1999 Constitution further gives vent to such fears in these words: 136(1): “ If a person duly elected as President dies before taking and subscribing the Oath of Allegiance and oath of office, or is for any reason whatsoever unable to be sworn in, the person elected with him as Vice-President shall be sworn in as President and he shall nominate a new Vice-President who shall be appointed by the President with the approval by a simple majority of the National Assembly at a joint sitting.”

Section 146 also states as follows: 146. (1) The Vice-President shall hold the office of President if the office of President becomes vacant by reason of death or resignation, impeachment, permanent incapacity or the removal of the President from office for any other reason in accordance with section 143 of this Constitution.

(2) Where any vacancy occurs in the circumstances mentioned in subsection (1) of this section during a period when the office of Vice-President is also vacant, the President of the Senate shall hold the office of President for a period of not more than three months, during which there shall be an election of a new President, who shall hold office for the unexpired term of office of the last holder of the office.

Another section that gives a hint of the usefulness of the Vice President is section 144. Which indicates as follows: “ (1) The President or Vice-President shall cease to hold office, if -

(a) by a resolution passed by two-thirds majority of all the members of the executive council of the Federation it is declared that the President or Vice-President is incapable of discharging the functions of his office; and (b) the declaration is verified, after such medical examination as may be necessary, by a medical panel established under subsection (4) of this section in its report to the President of the Senate and the Speaker of the House of Representatives.

(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:-

(a) one of whom shall be the personal physician of the holder of the office concerned; and (b) four other medical practitioners who have, in the opinion of the President of the Senate, attained a high degree of eminence in the field of medicine relative to the nature of the examination to be conducted in accordance with the foregoing provisions.

Much of the duties of the Vice president or the deputy governor in the state are at the whims of their bosses who will never cease receiving reports of alleged disloyalty of the number two from the ubiquitous hangers on.

Vice President Goodluck Jonathan is a man who has been in that shoe before now. He was deputy governor in Bayelsa State under governor DSP Alamieyeseigha. He was reputed to have discharged himself as a loyal man until a crack evolved between him and his boss, following the impeachment of the governor and the passage of a resolution by the House of Assembly, compelling the deputy governor to take over.

Even in the midst of that crisis occasioned by Alamieyeseigha’s arrest in London over money laundering charges, Jonathan tried to maintain his innocence to the chagrin of those pushing for the removal of his boss. He was said to have gone incommunicado at the critical stage of the plot against Alamieyeseigha was forced out of his hiding by the search party constituted by former President Olusegun Obasanjo.

Even at that, the former Bayelsa governor, Alamieyeseigha did not believe Jonathan was innocent of the plot that outsted him and saw Jonathan sworn in as governor.

As soon as Alamieyeseigha miraculously re-entered Nigeria after escaping arrest in London, his loyalists were up in arms against his former deputy. A disappointed Jonathan was said to have left the Yenagoa Government House in anger for his Otuoke village home to cool off.

At the end of it all Jonathan emerged the governor following the victory scored by Alamieyeseigha’s traducers in the State’s House of Assembly.

For a man who has gone through that kind of crucible, the last thing that would ordinarily be on his mind is to emerge as deputy to anyone anymore, especially as reports indicated that he was mostly idle while serving Alamieyeseigha.

But fate threw him into that position once again, while he was busy preparing to seek election into the office of the governor in 2007. It would have been his original shot at the governorship seat but the hierarchy of the Peoples Democratic Party (PDP) summoned him and trusted on him the slot of vice Presidential candidate to Alhaji Umaru Yar’Adua. It would ordinarily appear like an elevation, but to the man in question, it would easily appear a bitter sweet, the slot cannot be rejected, yet the alternative would have been preferred, where you can easily be your own man.

Jonathan has been in this situation since 2007. Insiders in the villa said that the man has this time round vowed that he would do nothing to suggest disloyalty to his boss. He has practically adopted a see no evil and hear no evil approach.

But in the past two years, it cannot be said that the Vice president has been accorded even the right of a spare tyre.

When the president could not attend some international engagements, he found it difficult to assign Jonathan. The candidate has always been the minister of foreign affairs, Chief Ojo Maduekwe, who diplomats say cannot take the position of the head of Government.

In the running of the government, we have seen some unpleasant movements from especially the office of the Secretary to the Government of the Federation (SGF), especially during former Ambassador Babagana Kingibe. The office of the Vice President really was glossed over by the SGF in the days of Kingibe and there were no indication that changes were being effected by the SGF under Alhaji Yayale Ahmed until recent developments cut the ego of that office in government circles.

Since the declaration of the official position of the state of health of President Yar’Adua on Thursday, it is not clear how long the man will stay in the Saudi hospital.

The Vice president has a lot to contend with in Yar’Adua’s absence. How does he deal with the perceived bloated ego of those commonly referred to as members of the Katsina mafia in government?

How does Jonathan deal with those ministers who are used to taking orders directly from the President and those who have been flaunting the “we are in government and in power syndrome since 2007?”

How does he handle briefs from someone like the attorney General of the Federation (AGF) and Minister of Justice, Mr. Mike Aondoakaa, the minister of Agriculture, Dr. Sayyadi Abba Ruma and such functionaries seen as members of the nebulous “kitcken cabinet”?

No matter how long the President stays in the hospital, it is clear that the Vice president will remain in charge. But how does he contend with the ever suspicious forces within and outside the villa? How does he handle the levers of power in a way that he will not be easily branded a power hungry deputy? These are the challenges Jonathan will content with in the days of Yar’Adua’s absence.

Sunday Tribune reliably gathered from sources very close to the president that he was on line from the hospital to some political leaders, specifically three serving governors on Saturday.

He was said to have assured them that he was responding well to treatment and would soon return to the country. Though the schedule of the president’s return was not clear as at press time, it was learnt that he may return early hours of Monday or Tuesday.

http://www.tribune.com.ng/29112009/news/news1.html

he is already two times lucky (becoming Gov and VP), i think the question should b whether he would be three time lucky!!