Posted by By OLA AGBAJE and BARUWA NAS ABIODUN on
Lagos lawyer and President of West Africa Bar Association (WABA), Femi Falana has described as treason the campaign for third term for President Olusegun Obasanjo.
Lagos lawyer and President of West Africa Bar Association (WABA), Femi Falana has described as treason the campaign for third term for President Olusegun Obasanjo.
Falana gave this verdict in Lagos Tuesday while addressing journalists on the state of the nation, citing several constitutional barriers against any enlogation of Obasanjo's tenure beyond May 2007.
According to him, 'the mission to enlogate Obasanjo's tenure a day beyond May 29, 2007 is absolutely impossible given the constitutional barriers against it."
He took a swipe at the National Chairman of Peoples Democratic Party (PDP), Ahmadu Ali who had likened Obasanjo's presidency to a gown that is neither dirty nor torn to warrant any change.
'He must have spoken out of his sheer ignorance of the law of the land. I am sure the man understands the language of military garrison and knows nothing about the language of our constitution.
'If he knows what the constitution says, he would not be talking of gown not dirty or torn. By May 29, 2007 the so -called gown would have become old-fashioned and any attempt to continue to wear it will become odium and that will attract unimaginable embarrassment."
The WABA boss took time to shed light on the salient issues surrounding the third-term agenda:
'The activities of third-term campaigners for President Obasanjo is treason. As at today, it is treasonable for anybody to campaign for third term. By the provisions of 1999 constitution only two Nigerians are barred from contesting the office of President.
They are the former President Shehu Shagari and Obasanjo because both of them were elected by the people to rule for two terms. What the campaigners are doing is clearly in violation of Section 1 (2) of the Constitution, which provides that no person or group of persons shall take control of government of Nigeria except in accordance with the provision of the constitution, which clearly stipulates two terms of four years each.
To carry out any amendment of the constitution in accordance with the provision of the constitution is a cumbersome affair. Section 9 (2) of the constitution requires the endorsement of any amendment to the constitution by the vote of not less than 2/3 of all members of the National Assembly. Section 9 (4) provides for the presence of all the elected members of the House and not just mere quorum members which means 240 members of the House of Representatives and 73 Senators to participate in the exercise.
Besides, before the amendment sought can scale through, it must also be endorsed by 2/3 of the State House of Assembly, which translates to 24 states out of the 36 states of the federation.
Clearly from both the constitutional barriers and the unfavourable political terrain, the third term agenda is impossible. It is a mission destined to doom. No amount of constitutional engineering and political manipulation can guarantee enlogation of Obasanjo.
If the constitution is amended to pave way for a third-term for President, Obasanjo can never be a beneficiary under the constitution. In the interpretation of the constitution, Section 318 (4) of the interpretation Act provides that in effect of the repeal of an enactment, it shall not affect any right, privilege, obligation or liability accrued or incurred under the enactment.
In effect, the rights of Nigerian people to be governed by Obasanjo for eight years has accrued while obligation of Obasanjo to remain in power has also accrued. Hence, there is no amount of constitutional engineering can legitimise the third-term agenda of Obasanjo," Falana said.