The nation newspaper(Sunday, February 7, 2010)

TRYING TIMES
No doubt democracy is under threat by the obduracy of President Umaru Musa Yar’Adua and his kitchen cabinet to do the needful on the president’s lingering absence from office, more than 70 days after leaving the country for medical attention in Saudi Arabia in November last year. The result is a major strain on democracy; but we believe that despite these unreasonable conducts, the democratic journey remains our best hope to greatness.
No doubt democracy is on trial in the country now; we are convinced that the solution does not lie in an undemocratic interference by any state institution or group, however well- meaning.
That is why the assurances by the Chief of Army staff, Lt.-Gen. Abdulrahman Dambazua and the Chief of Defence Staff, Air Marshall Paul Dike, that the military will not dabble into the political debacle is a welcome development. We commend the military chiefs and join in calling on them to ignore the on-going political crisis, and continue to uphold their constitutional responsibility of defending the country’s territorial integrity. Any undemocratic meddling in our politics is likely to exacerbate the crisis. We also condemn the politicians who, by their conducts, are trying to torpedo the democratic system, and ask them to have a rethink in the interest of the country’s future.
As we have said before, President Yar’Adua should obey the democratic imperative of section 145 of the constitution, by handing over power to the vice-president while he recuperates from his ailment. That single conduct would douse the tension in the land, and restore confidence in the democratic project. And, should the president fail to do that, then, the Legislature and the Judiciary should rise to the challenge.
We also call on other politicians, particularly those in power, to adhere strictly to democratic ethos. It is disheartening that the president’s wife and a number of government officials, including the chief law officer, Mr. Michael Aondoakaa (SAN), are among those fingered as being behind the president’s refusal to do the right thing.
But as a check on the recalcitrant attitude of the president and his few but powerful supporters, an amalgam of the civil society, including rights activists, the media, socio-cultural as well as religious organisations, and many other civil groups from all parts of the country have risen to ask that the constitutional provision for transfer of power when the president is indisposed should be obeyed. Following these pressures, the Senate has passed a resolution calling on President Yar’Adua to conform to the provisions of the constitution on this matter. It is increasingly believed that the House of Representatives would soon be forced by public pressure to do same.
Indeed, one of these groups made up of respected Nigerian leaders, led by former head of state, Gen Yakubu Gowon (rtd), and former President Shehu Shagari visited the two chambers of the National Assembly to press home the demand for constitutional transfer of power to the vice-president. Before them, the Save Nigeria Group led by Nobel Laureate Wole Soyinka, Pastor Tunde Bakare, and Femi Falana, among others, marched on the Presidency and the National Assembly, asking them to intervene in the crisis. Since then, another group of eminent personalities led by former Senate President Anyim Pius Anyim, have joined in the peoples’ chorus for a democratically ordered transfer of power, in accordance with the constitution.
The courts have also been approached for a democratic resolution of the imbroglio. While some of the judgments emanating from the Federal High Court have added to the confusion, it is noteworthy that the higher courts, made up of the Court of Appeal and the Supreme Court are yet to have their imprimatur on the matter. So, there is the possibility that these higher courts could still effectively resolve the matter. It is also interesting to note that one of the parties that took the matter to court for a judicial resolution has already approached the Court of Appeal to offer its opinion on the matter in accordance with the constitution.
To show that there is hope in the horizon, there are cracks now in the president’s cabinet, with the memo presented to members of the Federal Executive Council (FEC) at its meeting last week by the Minister of Information and Communications, Prof Dora Akunyili, asking that the council acts appropriately to ensure that the vice-president takes over in acting capacity.
Despite the difficulties in these democratic processes, we believe that the best way to go is for the democratic process to correct itself, as experience in several older democracies has shown. Our national history, compared to a country like India that stood firmly on the precepts of democratic governance despite the difficulties, signposts democracy as the best way to national development.
Moreover, we have had several military regimes that led to nowhere. That is why we are saying that the military should just stay clear of the present crisis, which is only a passing phase in our efforts at democratic governance.
(By the nation newspaper reporter)

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