Tag: #Okoi Obono-Obla

 

I vividly remember the 29 May 1999 because it is one of the momentous events that have shaped and influenced the national life of Nigeria that took place that day.

It was the inauguration day of elected National and State leaders that were democratically elected after nearly 26 years of unbridled military dictatorship, in the country that resulted in the country becoming a pariah, among the comity of nations in the world.

On the 29 May 1999 was a bright and clear day in Calabar, and everyone was bubbling with enthusiasm and joy, on expectations of the inauguration of Mr Donald Duke, the third president democratically elected Governor of Cross River State.

I had mixed feelings; glad and apprehensive.

As a young lawyer, I had taken an active part in the struggle from early 1990 to 1999 to end military dictatorship in the country, and return of the country once again to democratic civil rule, but was truly lost on what prospects democracy would bring to the country.

On the morning of 29 May 1999 and in the company of my friend, the late Barrister Charles Duke, we went to U.J. Eusene Sports Stadium, Calabar, to watch the swearing into office as Governor of Cross River State, Mr Donald Duke, by the then Chief Judge of Cross River State, the Honourable Chief Judge, Honourable Justice Okonkon Ita (of blessed memory).
Simultaneously taking place in Abuja was the inauguration of the second democratically elected President of Nigeria, Chief Olusegun Obasanjo at the Eagle Square.

29th May 2024 will mark the 25th anniversary of the return of Nigeria to democratic civil rule.

Nigeria experienced military rule first on 15 January 1966, when the military toppled the post independence civilian Democratic administration.
The government of the Prime Minister, Sir Abubakar Tafawa Balewa, was supplanted by the military.

Major General Aguiyi Ironsi was to emerge as the Head of State and the Supreme Commander of the Nigerian Armed Forces.
The 1963 Constitution was suspended.
Also suspended were all the paraphernalia of democracy such as the Federal Parliament, which then comprised the Senate and the House of Representatives.

The military issued a decree also suspending/abolishing regionalism and replacing them with Group of Provinces, namely: Northern Group of Provinces; West Group of Provinces, Eastern Group of Provinces and Mid-Western Provinces.

From 15 January 1966 to 1st October 1979, the military ran the political governance of the country for 13 years.
After 13 years of running the country, the military decided to hand over to civilians in 1979.

On 1st October 1979, a former minister and teacher from Sokoto, Alhaji Aliyu Shehu Shagari, was sworn into office as the first democratically elected president of Nigeria
It also marked the transitioning of the country from a parliamentary system to a presidential system modeled after the American variant.

Unfortunately, that Democratic experience was ephemeral because on 31 December 1983, the military struck again and toppled the civilian government.
The military stayed in power from 1983 to 29 May 1999.

The celebration of 29 May 2024 is significant in so many ways.
Firstly, it marks the first time in the history of Nigeria, where a democratically elected government has run the affairs of the country consistently for 25 years in full stretch.

It has never happened because the democracy that was in place before the military coup of 15 January 1966 ended and lasted from 1960 to 1966, just six years.

I would not include the years from 1951 to 1959, because Nigeria was still under colonial rule, and even though its affairs were run by elected local officials, they were under the guidance and supervision of colonial administrators, who were taking fundamental decisions, from the colonial office in London.

Nigeria’s democracy is young and I dare say, even embryonic. Also, democratic institutions in the country are also young.

Expectedly, democratic culture, ethos, and values are yet to be ingrained on the people.

25 years in the life of a human being is nothing but a learning curve and process.

In May 2049, which is 25 years from now, democratic civil rule in Nigeria will have attained maturity and democratic culture and values more ingrained in our institutions, and people that will usher in economic growth, development and prosperity.

I believe no matter how imperfect our democracy is presently, there is a glimmer of hope that it is better than a military dictatorship.

Chief Okoi Obono-Obla

Disclaimer: The opinion expressed in this article is strictly that of the author, Okoi Obono-Obla and does not represent TheLumineNews, its agent or the organization the author works for.

 

The constitutional crisis in Rivers State continues unabated with Governor Sim Fubara using all the apparatus of power at his disposal to ensure that the Rivers State House of Assembly is totally emasculated and does not perform its constitutional responsibility.

After collaborating with three members with three members of the House of Assembly to secure an injunction restraining 25 members of the House of Assembly from sitting on 10 May 2024; Governor Fubara issued an executive order directing the relocation of the sitting of the Rivers River State House of Assembly to the Government House Port Harcourt.

What is an executive order ?
It is the declaration by the President or a Governor that has the force of law usually based on statutory power.

The Constitution makes provisions for three branches of government, namely the executive ,legislature, and judicial.
Each branch of government is a sovereign in itself and therefore independent.

The pertinent question is : Is it within the constitutional power of the Governor of Rivers State to issue an executive order to relocate the sitting of the Rivers State House of Assembly to the precinct of the Government House, Port Harcourt?
I submit that the executive order by Governor Fubara amounts to an interference with the legislative powers vested in the Rivers State House of Assembly.

The Constitution vests the power on the Rivers State House of Assembly to regulate its own procedure.
Section 101 of the Constitution provides that subject to the Constitution, a house of Assembly shall have the power to regulate its own procedure, including the procedure for summoning and recess of the House.

I therefore submit that it’s the Rivers State House of Assembly that has the power to decide where it should sit temporarily in view of the fact that the House of Assembly was gutted by fire recently.
It certainly does not lie within the plentitude of executive powers vested Governor Fubara to decide the place where the Rivers State House of Assembly should relocate temporarily.

If the venue of the Rivers State House of Assembly is unsafe, it is entirely within the constitutional purview of the House to decide on what to do.

The Supreme Court has declared that Executive Order 10 (EO10) signed by President Muhammadu Buhari on financial autonomy for the judiciary and legislature is unlawful.
In the case of 36 States versus Attorney-General of the Federation, the Supreme Court declared that Executive Order 10 (EO10) signed by President Muhammadu Buhari on financial autonomy for the judiciary and legislature is unlawful and unconstitutional.

The executive order of Governor Fubara is a dangerous precedent that must be thrown away into the waste basket of illegalities and unconstitutionalities.
@ Okoi Obono-Obla

Disclaimer: The opinion expressed in this article is strictly that of the author, Chief Okoi Obono-Obla, and does not represent TheLumineNews, its agent or the organization the author works for.