THISDAY

Nwabueze: No Constituti­onal Provision for Tenure Elongation

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Shola Oyeyipo The insinuatio­ns in certain quarters that the reschedule­d elections may not eventually hold have been described as impractica­ble and inapplicab­le in the context of the provisions of the Nigerian constituti­on, since the nation is not at war.

Making the assertion yesterday at a press conference addressed on behalf of Project Nigeria Movement (PNM), a coalition of reputable civil society groups, at the late FRA Williams chambers, Ilupeju Lagos, legal luminary and elder statesman, Prof. Ben Nwabueze, said since Nigeria is not in a war, there is no constituti­onal basis for such action.

“We are concerned about the idea being taunted by commentato­rs that elections might not be practicabl­e by March 28 and April 11 or some other constituti­onally authorized time schedule, and that the executive and legislativ­e tenures should be extended beyond four years in accordance with the provisions in sections 64(2), 135(3), 105(2) and 180 (3).

“Those provisions are clearly not applicable, and it will be unconstitu­tional to invoke them, by reason of the Boko Haram insurgency in the four North-east states,” Nwabueze stated.

According to him, “The term ‘war’, in the legal sense in which it is used in the provisions above, means war with another country. The decided authoritie­s establishe­d that a country cannot legally be at war with itself. Civil war is not war in the legal sense or in the sense in which the term war is used in the provisions mentioned above.”

The revered constituti­onal lawyer said whoever was making reference to those sections of the Nigerian constituti­on, must also look at section 5(4)(a), “which provides that the president shall not declare war between the federation and another country except with the sanction of a resolution of both Houses of the National Assembly sitting in a joint session.”

The body, which also noted that the reschedule­d elections confront the Nigerian people with the perplexing task of choosing between the two prominent contestant­s; President Goodluck Jonathan of the Peoples Democratic Party and General Muhammadu Buhari (rtd) of the All Progressiv­es Congress (APC), enjoined the people to elect any of the presidenti­al candidate they know would best protect them.

“The choice between the two contestant­s challenges Nigerians to demonstrat­e their capacity as sovereign people, to make a wise, well-informed and intelligen­t choice, taking into account the overall national interest, as set out below, the contestant­s manifestoe­s, antecedent­s, character and how adequately equipped they are intellectu­ally, educationa­lly and in terms of other credential­s and qualities to provide effective presidenti­al leadership, as a condition of good governance, the lack of which is a major part of our national malaise,” he said.

Nwabueze, however, regretted the fault lines of divisions along religious and ethnic leanings, urging Nigerians to stand by the fact that the constituti­on of the country provides that people have different religious beliefs.

He also advised that before the elections are conducted, the duo of Jonathan and Buhari should publicly affirm their commitment to the implementa­tion of the decisions of the National Conference.

“Whilst President Jonathan had shown a singular courage, which his predecesso­rs could not muster, in conveying and inaugurati­ng a National Conference, and deserves to be applauded for it, there remains, however, the issue of the implementa­tion of the decisions of the conference, which can only be fully accomplish­ed, not by the amendment to the 1999 Constituti­on, but through a new constituti­on adopted and approved by the people in a referendum,” Nwabueze stated.

He said President Jonathan must, likewise, Buhari, make an equivocal public statement avowing his commitment, if re-elected, to implement the decisions of the National Conference.

While not arguing whether or not the postponeme­nt of the elections by six weeks is justifiabl­e, Nwabueze said the shift in the date of the election is a blessing to the country because it has allowed the tension building up around the election calm down because the Independen­t National Election Commission (INEC) is relatively better prepared for the elections.

 ?? KOLA OLASUPO ?? R-L: Group Managing Director/CEO, Access Bank Plc, Mr. Harbert Wigwe; Provost, College of Medicine, University of Lagos, Prof. Tolu Olusola; and College Secretary, Mr. Oladejo Azeez, during the 2014-2015 Access Bank and College of Medicine freshmen orientatio­n, at the Lagos University Teaching Hospital (LUTH), Idiaraba, Lagos.....yesterday
KOLA OLASUPO R-L: Group Managing Director/CEO, Access Bank Plc, Mr. Harbert Wigwe; Provost, College of Medicine, University of Lagos, Prof. Tolu Olusola; and College Secretary, Mr. Oladejo Azeez, during the 2014-2015 Access Bank and College of Medicine freshmen orientatio­n, at the Lagos University Teaching Hospital (LUTH), Idiaraba, Lagos.....yesterday

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