By Deacon Aluu Vincent

Constitutional breach is a very worrisome trend sweeping through the length and breadth of Nigeria. It is more worrisome because it is coming from the very Leader who should lead by example. Disregard for the laws of any land is a threat to democracy as breaches of provisions of the constitution undermines organs and institutions of state. While he took oath to safeguard and defend the constitution of the Federal Republic, the President has in reality embark on selective and wanton violations of its provisions.
The rate at which the President offends the sensibility of Nigerians through constant breach and disregard for the constitution, the laws of the land, has become a source of serious worry to right thinking Nigerians. Alas, we have a president who has failed to live above personal examples of leadership.

The rule of law is so valuable that it limits the arbitrary power of those in authority. It ensures that everything is done based on the law. It encapsulates such ideals as government according to the law, equality before the law and the independence, autonomy of the judiciary among others. to guide the excesses of man and constantly put him in check. Unfortunately, we have a President, who care less about what the law says and what the people feel about him.

In 2018, during an NBA General Conference, Mr. President said that national security and interest was superior to rule of law. Such comment can come from a leader who lacks proper understanding of the meaning of rule of law and democracy. Incidentally, it is this mindset that the President has cultivated while dealing with issues of governance.

This non-regard for the laws of the land has led to fundamental breaches of provisions of the 1999 constitution chief among whom are:
1. The purported suspension of Chief Justice of Nigeria from Office, Walter Onoghen on January 25, 2019.
2. The illegal purchase of the TUCANO Aircrafts in April 2018 for $496 million without approval of the National Assembly contrary to section 80 (3) and (4) of the 1999 constitution as amended.
3. Disregard for court orders in the case of Col. Sambo Dasuki, Ibrahim El-Zakzaky all granted bails but the President insisted he will not release them.
4. The approval of $1 Billion for Military expenditures before approaching the National Assembly.
5. Executive Order 006 on preservation of Suspicious Assets and related Schedules permitting security agencies to freeze assets of persons standing trial without recourse to the courts thus usurping the legislative and judicial powers of the National Assembly and Judiciary under sections 4 and 6 of the 1999 constitutions.
6. The President did the same shenanigan by flouting sections 2, section 12 (1&2) of the NDDC ACT and appointed an Interim Management and later Sole Administrator. Where exactly in the NDDC do we have provisions for IMC or Sole Administrator? Perhaps Mr. President has his own version of the NDDC ACT.

Interestingly too, the last few days has seen the President committing constitutional abracadabra. First, he appointed service chiefs who commenced duty without recourse to the National Assembly. When the backlash became unbearable, he remembered that he was supposed to send request for appointment to the Legislature. He placed the cart before the horse by not seeking legislative approval before replacing his military chiefs. This runs foul of sections 218 (1,2,4) (a&b). Also, a 2013 yet to be challenged judgment described the appointments of service chiefs without the concurrence of the National Assembly as illegal and unconstitutional.

A day ago, or so, the President flouted the laws of the land by extending for three months the tenure of the Inspector General of Police, Muhammed Adamu, whose tenure elapsed on February 1, 2021 on account of attaining mandatory 35 years of service. This has led to series of backlash to a government reputed for breaking laws. The President cited the needed for proper hand over as reason for extending the tenure. This is the lamest excuse I have heard in recent times. Was the President not aware that Adamu’s tenure was coming to and end? Was the Police Service Commission or Minister of Police Affairs not also aware that there was going to be a constitutional logjam should Adamu stay in office beyond his constitutional term limit? Is it that the barber is inefficient or that the tools are not sharp?

Section 215 and 216 of the 1999 constitution as amended provides modalities for appointment of the Inspector General of Police. Part 111 of the Police ACT states clearly the mode of appointment, removal, functions, and powers of the Inspector General of Police. Sections 5&6 states that the Inspector General shall only be removed from office by the President on the advice of the Police Council. It also states that the person appointed to the office of the IGP shall hold office for 4 years subject to the provisions of clause 18( of the ACT. As it stands, in the eye of the law, there is no Inspector General of Police. What we have is a retired IGP illegally occupying the Office.

If these quoted provisions are alien to the President, he should do Nigerians the favour of explaining where he got the powers from to make such appointments. Interestingly, Nigeria has a President who has since abdicated his duties to a cabal called the Presidency. He has not deemed it needful to even address Nigerians directly on national issues. It has always been either through recorded telecast or through proxy.

In all of these, the silence of the National Assembly, the body charged with the responsibility to make laws, is troubling and sends danger signals to the effect that it is seen as a rubber stamp and toothless bulldog. The law-making body whose rights and privileges are being trampled upon are not saying or doing anything about it. But if the matter has to do with sharing exchanging blows on the floor of the chambers, they will be alive and kicking. They seem to be enjoying the game of constitutional breaches so long as it favours them. This is totally unacceptable and must be nipped in the bud. The National Assembly has critical role to play in safeguarding our democracy and must be seen to be doing so.

When few weeks ago, a sitting US president incited a section of the population to commit insurrection, Congress rose in defence of the US constitution irrespective of political party affiliation. The outgone President was impeached for abusing his office.

Democracy thrives when institutions rather than individuals are strengthened and made to perform optimally. Successful democracies are creating impact because institutions are designed and allowed to keep leaders in check. The case is different in Nigeria where the occupier of the office dictates the tone for the institution. It is high time; relevant institutions stood to their feet and do the right thing for the sake of Nigerians. It is high time the President be told in unambiguous terms of his many sins and the attendant consequences. A stitch in time we are told saves nine.

Deacon Aluu Vincent, Ubokutomabasi Kiet of Akwa Ibom State, Publisher of Naija Eye Witness News.

Nigerians should stop crying...what you tunes to,you listens.

It is better we start crying ohhhh. Keeping quiet will embolden the man to continue to desecrate our land.

Nellyvin:
By Deacon Aluu Vincent

Constitutional breach is a very worrisome trend sweeping through the length and breadth of Nigeria. It is more worrisome because it is coming from the very Leader who should lead by example. Disregard for the laws of any land is a threat to democracy as breaches of provisions of the constitution undermines organs and institutions of state. While he took oath to safeguard and defend the constitution of the Federal Republic, the President has in reality embark on selective and wanton violations of its provisions.
The rate at which the President offends the sensibility of Nigerians through constant breach and disregard for the constitution, the laws of the land, has become a source of serious worry to right thinking Nigerians. Alas, we have a president who has failed to live above personal examples of leadership.

The rule of law is so valuable that it limits the arbitrary power of those in authority. It ensures that everything is done based on the law. It encapsulates such ideals as government according to the law, equality before the law and the independence, autonomy of the judiciary among others. to guide the excesses of man and constantly put him in check. Unfortunately, we have a President, who care less about what the law says and what the people feel about him.

In 2018, during an NBA General Conference, Mr. President said that national security and interest was superior to rule of law. Such comment can come from a leader who lacks proper understanding of the meaning of rule of law and democracy. Incidentally, it is this mindset that the President has cultivated while dealing with issues of governance.

This non-regard for the laws of the land has led to fundamental breaches of provisions of the 1999 constitution chief among whom are:
1. The purported suspension of Chief Justice of Nigeria from Office, Walter Onoghen on January 25, 2019.
2. The illegal purchase of the TUCANO Aircrafts in April 2018 for $496 million without approval of the National Assembly contrary to section 80 (3) and (4) of the 1999 constitution as amended.
3. Disregard for court orders in the case of Col. Sambo Dasuki, Ibrahim El-Zakzaky all granted bails but the President insisted he will not release them.
4. The approval of $1 Billion for Military expenditures before approaching the National Assembly.
5. Executive Order 006 on preservation of Suspicious Assets and related Schedules permitting security agencies to freeze assets of persons standing trial without recourse to the courts thus usurping the legislative and judicial powers of the National Assembly and Judiciary under sections 4 and 6 of the 1999 constitutions.
6. The President did the same shenanigan by flouting sections 2, section 12 (1&2) of the NDDC ACT and appointed an Interim Management and later Sole Administrator. Where exactly in the NDDC do we have provisions for IMC or Sole Administrator? Perhaps Mr. President has his own version of the NDDC ACT.

Interestingly too, the last few days has seen the President committing constitutional abracadabra. First, he appointed service chiefs who commenced duty without recourse to the National Assembly. When the backlash became unbearable, he remembered that he was supposed to send request for appointment to the Legislature. He placed the cart before the horse by not seeking legislative approval before replacing his military chiefs. This runs foul of sections 218 (1,2,4) (a&b). Also, a 2013 yet to be challenged judgment described the appointments of service chiefs without the concurrence of the National Assembly as illegal and unconstitutional.

A day ago, or so, the President flouted the laws of the land by extending for three months the tenure of the Inspector General of Police, Muhammed Adamu, whose tenure elapsed on February 1, 2021 on account of attaining mandatory 35 years of service. This has led to series of backlash to a government reputed for breaking laws. The President cited the needed for proper hand over as reason for extending the tenure. This is the lamest excuse I have heard in recent times. Was the President not aware that Adamu’s tenure was coming to and end? Was the Police Service Commission or Minister of Police Affairs not also aware that there was going to be a constitutional logjam should Adamu stay in office beyond his constitutional term limit? Is it that the barber is inefficient or that the tools are not sharp?

Section 215 and 216 of the 1999 constitution as amended provides modalities for appointment of the Inspector General of Police. Part 111 of the Police ACT states clearly the mode of appointment, removal, functions, and powers of the Inspector General of Police. Sections 5&6 states that the Inspector General shall only be removed from office by the President on the advice of the Police Council. It also states that the person appointed to the office of the IGP shall hold office for 4 years subject to the provisions of clause 18( of the ACT. As it stands, in the eye of the law, there is no Inspector General of Police. What we have is a retired IGP illegally occupying the Office.

If these quoted provisions are alien to the President, he should do Nigerians the favour of explaining where he got the powers from to make such appointments. Interestingly, Nigeria has a President who has since abdicated his duties to a cabal called the Presidency. He has not deemed it needful to even address Nigerians directly on national issues. It has always been either through recorded telecast or through proxy.

In all of these, the silence of the National Assembly, the body charged with the responsibility to make laws, is troubling and sends danger signals to the effect that it is seen as a rubber stamp and toothless bulldog. The law-making body whose rights and privileges are being trampled upon are not saying or doing anything about it. But if the matter has to do with sharing exchanging blows on the floor of the chambers, they will be alive and kicking. They seem to be enjoying the game of constitutional breaches so long as it favours them. This is totally unacceptable and must be nipped in the bud. The National Assembly has critical role to play in safeguarding our democracy and must be seen to be doing so.

When few weeks ago, a sitting US president incited a section of the population to commit insurrection, Congress rose in defence of the US constitution irrespective of political party affiliation. The outgone President was impeached for abusing his office.

Democracy thrives when institutions rather than individuals are strengthened and made to perform optimally. Successful democracies are creating impact because institutions are designed and allowed to keep leaders in check. The case is different in Nigeria where the occupier of the office dictates the tone for the institution. It is high time; relevant institutions stood to their feet and do the right thing for the sake of Nigerians. It is high time the President be told in unambiguous terms of his many sins and the attendant consequences. A stitch in time we are told saves nine.

Deacon Aluu Vincent, Ubokutomabasi Kiet of Akwa Ibom State, Publisher of Naija Eye Witness News.