Friday, February 23, 2007

After the Judgment

This is a dangerous precedence, and I must add that our parliament must quickly amend the constitution. The danger inherent in this is that, as soon as another government is installed, so long as the VP have the support of the house, he can change party and continue to remain in the opposition, simply because his allegiance is not to the President but the constitution. What a flaw in our constitution! Anyway, I want to believe that the supreme court will right this error of judgment.
That was my comments on Nairaland on the Appeal Court judgment that Atiku should remain the VP. It was a dissappointing judgment and leave a very bad taste in the mouth.
To confirm my fears, Chief Gani Fawehinmi wrote to shows his own dissatisfaction on the rulings too. Hear him.
"I completely disagree with that decision which I consider to be constitutionally wrong, illegally untenable, technically illogical and politically dangerous for the sustenance of the nation's peace, order and good government. It is also capable of taking integrity out of politics, particularly party politics.
"The judgment is laden with disturbing consequences. For instance, if the President who is Peoples Democratic Party (PDP) dies today, the Vice President who was Peoples Democratic Party (PDP) but now of Action Congress becomes the President by virtue of Section 146(1) of the Constitution.
"He will then appoint an Action Congress (AC) Vice President subject to the confirmation of the National Assembly. He will also appoint Action Congress (AC) Ministers to administer the affairs of the nation with him. But the electorate did not vote in 2003 for an Action Congress (AC) President.
"Equally, the electorate did not vote for the programmes of the Action Congress (AC) as there was no Action Congress (AC) in 2003.
"Clearly, by Section 224 of the Constitution of the Federal Republic of Nigeria, 1999, every party must have a programme.
"At the moment, Atiku Abubakar is competent by this decision to attend the Federal Executive Council meeting as Vice President armed with the political, economic and social programme of the Action Congress (AC). What a new constitutional disorder!
"The decision of the Court of Appeal has spelt the death knew of the institution and constitutional importance of political parties as the basis of our constitutional democracy.
"In this respect, the Court of Appeal has by this critically unfortunate decision re-written a new but absolutely confusing constitutional order which has the tendency of causing political and constitutional instability in the country.
"I pray and hope that the Supreme Court will set aside this judgment, which in my view is contrary to the letters and spirit of the Constitution of the Federal Republic of Nigeria, 1999."

That is vintage Gani for you. Please pause and ponder on what Gani posited above, the decision of the Appeal court is a bad precedence. I had not thought about the angle Gani raised. The judgement is preposterous, and it cannot pass through the Supreme court. Either the Appeal court judges are bribed or they are taking the issue of liberation of democracy too far, the judgment is too bazaar.

1 comment:

Anonymous said...

http://www.nairaland.com/nigeria?topic=42132.msg917054#msg917054

I don't know what you are going on about, I am telling you I don't agree with that court ruling.

The question is what do we vote for during election in Nigeria, is it party or individuals?HuhHuh?? If its individuals then the post of VP should be voted for differently from the post of President. But for now what we vote for is Party and thus the court Judgement that the VP has no allegiance to his party is totally wrong and I think the Judges in question should be ashamed of themselves.

Take UK for Example, the British people voted Labour Party in the last election because of their policies. Such that Now that the labour Party thinks they want a new party leader it then means by default that Blair will have to stand down as prime Minister, he can not say that after the British people voted me in I have no allegiance with the party anymore if you don't want me take your labour party leadership while I go to another party to continue as prime minister. The new Labour party leader Maybe Gordon Brown or whoever will become PM by default until the next general election where the British people will now have a choice to vote out labour if they like.

You know what?Huh??/I think those judges delivered that judgement through there pockets and they should all be ashamed of themselves. Because I don't understand how it is obvious that during elections we vote parties but yet politicians don't have allegiance to their party. This judgement will only aid the proliferation of more social clubs, in the name of parties, without ethics, values or morals. The judgement is both an assualt on contitutional democracy and party politics and I hope the supreme court nullifies it.

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