3rd Term: Abia Sues FG, 35 States

[Richard Akindele]

On-going schisms over constitutional amendment took a new turn yesterday as the Abia State government applied to the Supreme Court to stop the move that could offer President Olusegun Obasanjo and state governors an opportunity to elongate their tenure beyond the statutory limit of May 29, 2007.

In a suit filed by the state Attorney General, M.C. Kalu against the Attorney General of the Federation, the National Assembly and the Attorneys General of the remaining 35 states, the state wants the court to determine the propriety of amending the Constitution to elongate the tenure of the incumbent President and the governors.

The government would also want the court to determine whether the powers to amend the constitution as outlined in section 4(2) of the 1999 constitution meant the repeal of the entire constitution, and whether the present attempt for tenure extension would give other Nigerians a sense of belonging in the nation as contemplated in sections 14(3) and (4) of the constitution.

Specifically, it is praying the apex court for a declaration that the National Assembly can only alter any of the provisions of the constitution of the FRN (Federal Republic of Nigeria), for the peace, order and good government of the FRN.

It also wants:

-A declaration that the alterations of section 135(1) and 181(1) of the constitution for the benefit of any person who will be ineligible for re-election but for the said alteration is unlawful, and not intended for the peace, order and good government of the federation, such alteration being inherently in conflict with the principle of federal character expressed in section 14(3) and (4) of the constitution.

A declaration that the National Assembly has no powers under the constitution of the federal republic of Nigeria, 1999 to repeal the said constitution or to substitute therewith a constitution distinctly different in character and content, and A declaration that the National Assembly cannot exercise its powers to alter any provision of the constitution unless there is compliance with the provisions of section 48 and 49 of the said constitution.

The court was also urged to make an order of perpetual injunction restraining the defendants jointly and severally either by themselves or through the National Assembly or by any means howsoever from altering any of the provisions of the constitution of the FRN, 1999 in such a manner as to confer on any person holding elective office in the executive arm and whose tenure is stipulated in sections 130(1) and 176(1) of the constitution aforesaid, such enlarged tenure as would constitute as would constitute a clear and present danger to the continuance of democracy in Nigeria.

The plaintiff also sought an order of perpetual injunction restraining the 1st and 2nd defendants jointly and severally either by themselves or by any other means whatsoever from altering or taking steps to alter any of the provisions of the constitution of the federal republic of Nigeria, 1999 until all vacancies in the National Assembly are filled by an appropriate authority.
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[Richard Akindele]

Vice President Atiku Abubakar’s group has drummed up opposition among his people in the North East zone to the controversial third term agenda, just as President Olusegun Obasanjo has been called upon to drop the idea or face the wrath of the people of the zone.

Addressing a press conference on the issue on Saturday in Bauchi, North East political and opinion leaders and elders declared that “having failed to honour his pledge to defend the constitution of the Federal Republic of Nigeria and in view of his betrayal of the common will of the people and his working against the spirit of the Nigerian constitution, we hereby call on President Olusegun Obasanjo to resign forthwith, failing which the National Assembly should initiate the process of his impeachment.�


The group stated that “we want to make it abundantly clear that the Vice-President is not without a political base. We are comforted that he is at home everywhere in Nigeria and no amount of threat will deter him from visiting any part of this country just like no one can stop any other Nigerian from visiting their homes in any part of the country.�


In the statement which was read on behalf of all those who attended the meeting held at the Zaranda Hotel, Bauchi, by Gambo Lawan, the people of the North-East zone appealed to all Nigerians to suport their position because, according to them, “President Olusegun Obasanjo is undoubtedly the greatest problem of Nigeria today�.


It called on members of the National Assembly to rise up to the ocassion and help save the country by throwing out what they described as “unwholesome gambit that can only portend future woes for the people who are bearing the brunt of the whole reform�.


The group, which has members like Magaji Muazu, Ibrahim Hassan, Hassan Kareto, Tijjani Tumsa, Lynn Nathan, Aminu Dan Bauchi and others, declared that “let it be on record that we support all the recent comments of our son, Turaki Atiku Abubakar. We salute his courage in standing with the people in defence of the constitution, which he swore to uphold.�


It said there were now tension and anxiety in the country and blamed them on the government under the ruling PDP. It stated that the leadership of the PDP was now composed of military yes men.


The group also explained that the stand and not necessirily the ambition of Vice President Atiku Abubakar in oppossing the desire of the ruling clique to extend the tenure of President Olusegun Obasanjo is responsible for all the changes that the proponents of the now proverbila third term have sought to put in place.


Source : Nigerian Tribune