₦airaland Forum

By Chioma GABRIEL, Deputy Editor
For about three months, President Yar’Adua was absent and remained incommunicado. Several trips made by different groups to see him yielded no results.



The trips to Saudi were not well coordinated. It is only a doctor who could have said the true situation of his health. The delegates obviously did not go through the right channels and the people are no-nonsense people.

They are not like Nigerian authorities and if the delegates did not go through the right channels, there would be no progress. All those delegations could have gone through the Nigerian ambassador who would seek permission from either the Saudi Foreign Minster or the King
This problem has continued to generate problems in Nigeria. We are gearing up for elections but some issues remain unresolved.

Whether the President is back or not, we must hold elections. There is no doubt about that. We have not given up on the President’s health. No, no, no. Far from it. The President is sick and there is no big deal about that because anybody can get sick. Even in Saudi Arabia where the President went for treatment, their leaders had been sick at one point or the other. Even Sharon of Israel has been sick for months and was in coma when elections took place.

But in terms of information management, Nigeria did not handle things very well and that could portend danger.

Dora Akunyili is the Chief Information Officer. She is the one who should tell Nigerians what she knows about what was going on. All these talks all the while about lack of information was not necessary because Nigeria could have gotten in touch with the ambassador in Saudi Arabia who was in constant touch with the President.

So, what’s your opinion on the constitutional provisions and Senate resolution on section 145 of the Constitution?

You see, it is a misnomer to talk of acting President. There is nothing like that in the Nigerian Constitution and the Senate acted illegally by passing a resolution to appoint Jonathan as acting President because the Nigerian Constitution has no provision for such, just as there is no provision for acting Vice President, acting governor or acting deputy governor.

The President and the Vice President are elected on the same ticket. So, automatically, when the President is not there, the Vice President becomes the President and begins to perform the functions of the President. So, it is a superfluous resolution by the Senate to make Jonathan the acting President.

You cannot put somebody in a position which does not exist in the Constitution. And even if that is allowed to sustain, it means the Nigerian Senate or Assembly is amending the Nigeria Constitution unconstitutionally.

The constitution provides ways and methods of amending the Constitution. We have a formality for that and there must be a vote to that effect and two-third of the 36 states of the federation must agree to that, and that means that 24 states of the federation must approve. If that is not done, there is nothing like acting President because the President has no such provisions.

So, under the circumstances, what are you saying about Jonathan?

Goodluck Jonathan should continue to perform the duties of the President until the President is back but not as acting President because the resolution of the Senate is totally unnecessary and uncalled for. Once the President is not there, Jonathan is the President and not the acting President and he doesn’t need any resolution from the Senate for that.

And the Senate in any case has no powers to pass that resolution. and the resolution is not enough. Resolution is just a kind of suggestion, it is not a law.

It is the Doctrine of Necessity that informed the action of the Senate.

It is the doctrine of necessity that enabled Jonathan to be performing the functions of the President. Once, there is a clear provision in the constitution, then, the issue of doctrine of necessity does not arise. You don’t create something that does not exist. You should understand that Goodluck Jonathan is still the Vice President and not acting President because acting president does not exist.

Jonathan is not the president. He is merely performing functions of the president. He is not acting president because that does not exist. He is still the Vice President. If Yar’Adua confirms his inability to continue in office, then , we can be talking of Jonathan as President. He is still the Vice President, not acting President and the Senate cannot make him acting President because it does not exist in our Constitution.

And you cannot say that President Yar’Adua is incapacitated. He is not incapacitated. He has been in hospital, receiving treatment. And that doesn’t mean he is incapacitated. The action of the Senate is wrong. It is unconstitutional. It is illegal and it is needless. If the President is not there, automatically, the Vice President becomes the President. There is no need for any resolution for that as done by the Senate.

You cannot appoint acting President. A President is elected and a Vice President can only succeed a President who is dead or wrote a letter of resignation or cannot perform the functions of his office. And in that case, then, the Vice President will make a nomination to the Senate for a Vice President, when he becomes the President but it is not so in this case because Jonathan is still the Vice President and never acting President because there is nothing like that in our constitution.

There was an argument that not transmitting a letter to the National Assembly before the President traveled is an impeach able offence.

I don’t agree with that. If the President does not want to write a letter, he didn’t have to do it. As the President of Nigeria, he could lead Nigeria from Saudi Arabia because even if he was taking treatment in Saudi, he is still Nigeria’s President. He can sign bills into law from Saudi, he can make appointments and pass to the National Assembly through his advisers. He did not have to be around to do that and he can ask the Vice President to do certain things.

If you look at the Nigerian Constitution regarding the performance of the acting President, you will see that the Constitution makes a provision that the powers of the federation are vested in the President and the President can execute those powers through the Vice President, through his ministers, through his advisers, the civil service and anyhow he deems it fit.

So, the North is not cooperating with Goodluck Jonathan?

That is not true. We had a meeting today (Tuesday) and we expressed support for the Vice President. We had a resolution. You seem to forget that the Vice President was elected on the same ticket as the President. It is the media and the National Assembly that are confusing Nigerians. There is no conflict in this.

It is false to say the North is not cooperating with the Vice President. People should stop creating confusion that does not exist. He was elected on the same ticket with Yar’Adua. So, why belittle him? Why is the media belittling the Vice President that he cannot perform his functions until he becomes acting President?

He doesn’t have to be called acting President to perform duties of the President. So, the media should stop creating confusion. The North supports the Vice President.

You support the Vice President, not the acting President?

There is no such thing as the acting President. The North does not recognise that.

Is the North entertaining fears about 2011 with Jonathan on the saddle? Does the North fear it will not get Presidency 2011 if Jonathan conducts election?

That will not happen. That issue does not arise. We will not cross that bridge before getting there. It’s still some months before the election and President Yar’Adua can comeback anytime.

What if Jonathan becomes substantive President?

Umaru Musa Yar’Adua is alive, not dead. How can Jonathan become substantive President? Or do you want to kill the President?

All these speculations, fears, would only be doused by President Yar’Adua speaking with Nigerians or FEC members and communicating to us. We must see him to douse all the rumours.

You cannot blame the Saudi authorities for not allowing those who went to Saudi from Nigeria to see the President. They didn’t go through the proper channel and the Saudis don’t know who is who. And the Saudi authorities have the right to protect the President of Nigeria taking treatment in their place. Did these delegates go through the right channel? They have to protect the Nigerian President.

The media should stop creating confusion because they know the provisions of the constitution. The Senate gave a wrong resolution which it has no powers to do. There was a court ruling on this. How come nobody is following that or applying that interpretation? The Senate or the National Assembly ought to follow the constitution.

They are not supposed to breach it. Both the Senate and the House of Representatives ought to follow the constitution. They are not supposed to violate it like they did. They are not supposed to create a position which does not exist in the constitution unless there is a constitutional amendment done through the proper channel.

So, the North is loyal to the acting President?

The North cannot recognise the acting President because it does not exist and cannot exist without amendment of the constitution. The elected people have done the wrong thing by making Jonathan acting President and we must acknowledge that. And these are the people who swore with the Bible and the Koran to protect and promote the constitution and yet, they did not comply with that in doing what they did.

They created an acting President that is not in the Constitution. There is nothing like acting President, acting governor or acting local government chairman in our constitution.

When I was the governor of Kano State, on the occasions I traveled out of Kano, I wrote letters to the Secretary to the government to inform the House of my intentions and my deputy took over immediately from there until I returned. It was not the issue here and that is what we are saying. And anyway, Yar” Adua could return anytime to assume his responsibilities.
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The Federal Government has awarded N8.6 billion contract for the construction of second Liverpool Bridge in Apapa, Lagos in order to ensure free flow of traffic at Tin Can Island and Apapa ports. The contract which was awarded to Bornini Prono Construction Company is expected to be completed within the first quarter of 2012.

The new bridge is to run parallel to the existing one, commencing from Tin Can Island Port Second Gate to terminate at the Port Novo Creek, used by sand dealers across the road, and will also connect Apapa-Oshodi Expressway for easy exit for trucks and vehicles leaving the port. The aim it was gathered, is to reduce the bottleneck and constant breakdown experienced by truck drivers while trying to access the existing bridge.

According to investigations, government is also expanding the road between the two lanes at the Tin Can Island First Gate to accommodate the new bridge and ensure free movement of vehicles going to Apapa and the trucks waiting to take delivery of consignments at the Tin Can Island Port. Also government it was learnt, will construct an ultra modern truck park at the Port Novo Creek that will accommodate up to 400 trucks, to reduce the number of articulated vehicles parking on the road.

The Federal Controller of Works and Housing, Ejike Mgbemena, said government is concerned about the plight of the masses and would do everything possible to proffer solution to the lingering traffic jam in Apapa and Tin Can Island.

“When the work is completed it will reduce the man-hours which port users, commuters and motorists spend everyday before getting to their offices as a result of bad roads and chaotic traffic situations,” the controller stated.

The Liverpool Bridge was constructed over three decades ago when the ports were established and till date, no major work has been done on it, despite damages it suffered for heavy duty trucks making use of it

ElRazur:
Blame the white man, seun and kosovo. Also blame madam tpia too. What a yeye thread.

Ikengawo:
LMAO at "the color of our skin" ahahahaha

what's bad is i'll be the only one that see this as a ridiculous post.

TRANSFER OF PRESIDENT’S POWER: Why PDP, Govs back down
* Confirm existence of Yar’Adua’s letter to NASS
* Tip Yuguda for VP if…

By Jide Ajani, Gbenga Oke

The political deadlock foisted on the country by the leadership of the PDP and a cabal in the Presidency in the aftermath of President Umaru Yar’Adua’s medical trip to Saudi Arabia appears to be nearing its end after the party and the Governors Forum confirmed at the weekend, the existence of a letter from the President to the National Assembly on his absence from the country.

The cabal, the PDP and the Special Adviser to the President on National Assembly Matters, Alhaji Mohammed Abba-Aji not only fiercely resisted transfer of power to the Vice President, but also denied that the President ever wrote a letter, before his departure to Saudi Arabia, to the National Assembly on his trip and that power be transferred to the Vice President.

But within 24 hours of Wednesday’s memo from the information minister, Professor Dora Akunyili to the Federal Executive Council, FEC, seeking compliance with Section 145 of the Constitution, the polity began to witness twists that were unexpected.


From Left; Sokoto State Governor, Aliyu Wamakko; Niger State Governor, Babangida Aliyu; Katsina State Governor, Ibrahim Shemma; Kebbi State Governor, Usman Dakingari and the Kaduna State Governor, Namadi Sambo discussing after the meeting by a delegation of the Governors' Forum and the Vice President at the State House, Abuja. Photo by Abayomi Adeshida.
That is inspite of the fact that Prof. Akunyili’s colleagues in the cabinet shot down her memo which they then rejected outright, and Thursday’s meeting of northern governors in Kaduna where they rejected calls for formal transfer of power to the V-P.

On Friday, the same northern governors moved to Abuja for a meeting of the larger Governors’ Forum.
A strange face at the meeting was Alhaji Abba-Aji, who according to sources, “revealed some information” to the governors which led to a review of the situation on ground.

A source at the meeting told Sunday Vanguard that Abba-Aji “pleaded passionately that the governors should not make their decision public yet. He was the one holding them down”.

Sunday Vanguard leant that part of what used to be the concern of the governors in the past regarding a common front centred on pure sentiments.

First was the relationship between President Yar’Adua and some of the state governors when Yar’Adua served as chief executive of Katsina State.

The other had to do with the issue of Yar’Adua’s emergence and ascension to the presidency.
Chairman of the Governors’ Forum, Bukola Saraki, former governor of Delta State, James Ibori and a handful of other state governors were instrumental to the ascension of Yar’Adua to the presidency and, therefore, see in the present situation an opportunity to re-assert themselves.

The governors, Sunday Vanguard, gathered then agreed to find an immediate solution, the most important being to “procure” a letter from the President to the NASS as required by the Constitution.

This, sources said, may not be more than “dusting up the original letter” from the President but which was not delivered, which will now be taken to the National Assembly.

Meanwhile, the PDP announced on Friday that its national chairman, Prince Vincent Ogbulafor would be leading a delegation of the party to Saudi Arabia, today, to intimate the President with the situation at home and procure a letter to the National Assembly on his medical vacation.
Govs tip Yuguda as V-P
The governors, sources also said, agreed that in the event of the President not being able to resume and Dr. Jonathan becomes President, Governor Isa Yuguda of Bauchi State should be Vice President.
He is a son-in-law to the President.


Chairman Governors' Forum, Dr. Bukola Saraki with State House Correspondents after the meeting by a delegation of the Governors' Forum and the Vice President at the State House
Governor Yuguda himself is keeping sealed lips on the matter although he told reporters late on Friday in Abuja that the deadlock created by the President long absence would be broken not later than this week.

Said he: “By next week (this week), everything will be alright.
“You will recall that the governors in December at our forum addressed the press on the President’s health.
“We were thinking he would return on time and we must all believe life belongs to God and I’m sure before the President left, he never knew he would be there for more than two weeks.

“It has dragged on for long. At the time he was leaving, he should have spoken to the V-P to act and by that time he was incapacitated to write.

“The Constitution is clear on it. By next (this) week, the V-P will be acting President and everything will be over.”

The governors had an unscheduled meeting with the V-P in Abuja on Friday after which their chairman, Dr. Bukola

Saraki told reporters: “We associate ourselves with the court ruling that has been given, concerning the President and the Vice President and that we now agreed to meet with the leadership of the National Assembly to urge them to pass a resolution recognising the Vice President as the acting President of the nation”.

Reps ask Onovo to halt ejection of policewomen from barracks

Reps ask Onovo to halt ejection of policewomen from barracks
By John Ameh, Abuja, Published: Thursday, 28 Jan 2010


Inspector-General of Police, Mr. Ogbonnaya Onovo


The House of Representatives on Wednesday directed the Inspector-General of Police, Mr. Ogbona Onovo, to halt the ejection of female police officers from barracks across the federation.

The offence of the female officers is that they are married to civilians whom they (female officers) now accommodate in the barracks.

The House intervened in the matter following a petition some concerned female police officers sent to the House alleging discrimination against them by police authorities.

Onovo, in a December 15, 2009 circular, ordered all married female officers accommodating their civilian husbands in the barracks to quit before the end of January 31.

In a motion sponsored by a female member of the House, Mrs. Folake Olunloyo-Oshinowo, the lawmaker read the IG’s letter to the female officers on the floor of the House.

Lawmakers expressed shock, listening to Onovo’s reasons for ordering the policewomen to vacate their official accommodation.

The IG did not cite legal reasons but merely argued that it was against African culture for a woman to house a man instead of the other way round.

The Chairman of the House Committee on Police Affairs, Alhaji Abdul Ningi, confirmed on the floor that he also read the circular and was shocked.

Ningi informed the House that he immediately invited Onovo and sought for explanations but said the IG only raised “moral issues” that could not be legally-binding in the Force.

“Some of the reasons he gave were largely moral and not legal; that was where I had issues with the letter”, Ningi, a former Majority Leader of the House, added.

Olunloyo-Oshinowo, defended the motion, arguing that the police were discriminating against women.


She urged the House to ask Onovo to “stop forthwith the forcible ejection of women police officers married to civilians and refrain from all such discriminatory practices.”

She said, “This is discrimination; these women are married and they are the pillars of their families.

“Why are male officers married to female civilians? Are they going to leave the barracks too?”

“Both the male and female officer are professionals and they are entitled to accommodation on the basis of equality; why this discriminations?”

The House later endorsed the motion unanimously and directed that the resolution be forwarded to Onovo immediately.

The governor of Central Bank of Nigeria (CBN), Mallam Sanusi Lamido Sanusi, on Monday made good his threat to wrest banks from proprietors as the board of the banking regulator has pegged the maximum tenure of commercial banks’ managing directors/chief executives at 10 years.

Those who have already spent 10 years or more are to quit by July 2010 – meaning the Managing Director, Zenith Bank Plc, Mr. Jim Ovia, Managing Director, United Bank for Africa Plc, Mr. Tony Elumelu, and his counterpart at Skye Bank Plc, Mr. Akinsola Akinfemiwa, will have to relinquish their positions soon. They have spent between 11 and 19 years as chief executives of their respective banks.

Addressing newsmen on the latest development, CBN’s Director of Bank Supervision, Mr. Sam Oni, explained that the policy was designed to enthrone good corporate governance in the banking sector and institutionalise the arrangement of appointment of CEOs in banks.

He pointed out that the policy guideline was geared towards ensuring that banks put in place a good succession plan and avoiding the personalisation of institutions.

He said that even after the bank chief executive that has served a 10-year tenure must have left, he could only take up an appointment with the bank or any of its subsidiaries only after three years of his exit.

“Chief executive officers of banks shall henceforth serve a maximum of 10 years; All CEOs that would have served for 10 years by July 2010 shall cease to function in that capacity and shall hand over to their successors; Where a bank is a product of a merger, acquisition or takeover or any other form of combination, the 10 years shall include the pre and post combination service years of a CEO, provided the bank, which he served as a CEO was part of the new banks that emerged after the combination; Any person that has served as CEO for the maximum tenure in a bank shall not qualify for an appointment in that bank or its subsidiary until after a period of three years of his exit as CEOs,” he said.

Oni said given the new policy, affected bank chief executives are to draw up their succession plan towards their exit and institute a credible succession programme that would be approved by the board. Such, he added, would also be supervised and monitored by the CBN.

He said: “By July 31, 2010, the affected chief executives are to prepare a succession as approved by their board and to have a credible succession programme that will be monitored by the board and therefore subjected to some kind of supervision and monitoring by the CBN.”

Furthermore, he said: “All banks shall reflect the provisions of this guideline in the terms of engagement of their CEOs.
“In terms of the appointment of the CEOs of banks, the condition and terms under which they are appointed and approved by the board must also be ratified and approved at the Annual General Meeting. Such terms of appointment in the first instance shall not exceed five years and of course it’s renewable for another term provided that the period of service cumulative does not exceed 10 years.”

It has also emerged from the new policy of the banking watchdog that the CBN governor, his deputies as well as managing director/chief executives of the Nigeria Deposit Insurance Corporation (NDIC) could be appointed into a bank or any of its subsidiaries, only five years after his exit from respective positions in CBN and NDIC.

Oni said: “The governor, deputy governors of the CBN and the managing director/CEO and the executive director of NDIC, shall not be eligible for appointment in any capacity in banks and their subsidiaries under the supervision of the CBN and NDIC until after the expiration of five years from the date of their exit from the CBN or NDIC as the case may be.”

Similarly, he said: “The departmental directors of the CBN and that of the NDIC shall not be eligible for appointment in any capacity in banks and their subsidiaries under the supervision of the CBN and NDIC until after the expiration of three years from the date of their exit from either the CBN or NDIC.”

Earlier, during the briefing on the outcome of the Bankers’ Committee, Oni disclosed that the CBN had last Monday rolled out the minimum information disclosure for banks for the preparation of their account beginning with 2009 financial year.
This, he said, was with the view to ensuring that the banking system is effectively supervised.
According to him, the CBN had left the negotiation and sales/recapitalisation of the eight rescued banks to the banks’ management and boards.

He said following the meeting held with the management and key shareholders of the rescued banks last week, it was unanimously agreed that the apex bank should allow the boards and management of the affected banks to negotiate the sales/recapitalisation of their institutions.

Stressing that the CBN would only be a facilitator in the whole process, Oni recalled that the apex bank had appointed financial advisors for the rescued banks to commence the process of their recapitalisation.

The Bankers’ Committee comprising banks’ and other financial institutions managing directors and key CBN officials he also said, resolved that starting this financial year, the commercial banks would commence a longer tenure lending as part of efforts to assist the Federal and state governments in the resuscitation of infrastructure, which continues to pose a major challenge to Nigeria’s quest for development.

The Committee, he said, had therefore identified areas where banks would intervene to include small and medium enterprises (SMEs), power and agriculture.

Managing Director/Chief Executive of Access Bank Plc, Mr. Aigboje Aig-Imokhuede, who spoke alongside his counterparts at FinBank, Mrs. Susan Iroche; Standard-IBTCBank; Chris Newson; and Kakawa Discount House Limited, Mr. Laoye Jaiyeola, disclosed that arrangements on the financing model had been finalised .

He said the committee would meet and consult with agencies of the Federal Government and State Governments on ways to remove bottlenecks associated with projects and make them bankable.

Aig-Imokhuede said banks would this year embark on the development of bond instrument from where financial resources for longer credit facility for the infrastructure and real sector resuscitation would be realised.
This, he said, would enablethe banks to make longer tenure lending from seven to 20 years.