Flagrant Violation Of The Letters Of The Constitution: Remember Your Oaths!

By Abdulmuhsin A. Wakawa Esq

Since the recent decision and/or judgment by the apex court in the Jegede v Akeredolu’s case which is a clear and distinct issue from that which was submitted before it for determination to wit, interpretation of section 183 of the Constitution of the Federal Republic of Nigeria (as amended) which birthed series of opinions and commentaries in the media space on the 4:3 Judgement of the Court notably among which are from erudite writers like the Learned HAGF Abubakar Malami SAN, Learned Festus Keyamo SAN, Learned Niyi Akintola SAN, Learned Sylverster Udemezue (UDEMS) and my learning friend Mustapha Babalola Toheeb.

I must confess that the media space has learnt a lot and is still learning from the wealth of knowledge and experience poured into the different expository centred on burning constitutional issues. This indeed is a welcome development for constitutional law students and lawyers.

There is no gain reiterating that the office of the Justice of the Supreme Court is a constitutional office deriving its life from the CFRN hence the need for any occupant of that office to follow strictly the wordings and intent of the constitution. By the provisions of section 233 (1) CFRN which provides “The Supreme Court shall have jurisdiction, to the exclusion of any other court of law in Nigeria, to hear and determine appeals from the Court of Appeal,” the Supreme Court is bound to decide issues submitted before it by way of appeal and not otherwise.

In the light of the above, I will be forced to agree with the submission of the HAGF and UDEMS that the apex court has not on the MERIT decided the issue on the validity or otherwise of the continued occupation of office of the CNCC of APC by Mai Buni in line of the provisions of section 183 CFRN. The question begging for answer is, can the avoidance by the apex court be interpreted or construed to be a violation to the provisions of the constitution and their respective oath of office?

Again, lest we forget that the President of the Federal Republic of Nigeria on the 21^st August, 2019 announced himself as the substantive Minister of Petroleum for another period of four years having completed the first term of four years. This is coming after the Federal High Court on 16^th November, 2018 delivered a judgement in a suit filed by Dr Olisa Agbakoba SAN on the act of the President. Now, can we conclude that the president as the chief custodian who swore to protect and preserve the constitution of the FRN is not in continuous violation section 183 of the constitution and the judgement of the Federal High Court? Or should we construe the lack of acceptance of payment by the President for the occupation of the office of a honourable minister (in line of the argument of the HAGF in his rejoinder) to construe a waiver on the violation of the provisions of the Constitution?

Humbly, if we intend to enforce the wordings and letters of section 183 of the Constitution in a bid to protect the grund norm, then all hands must be on deck to challenge the occupation of the office of the Honourable Minister of Petroleum by the sitting President of the Federal Republic of Nigeria by enforcing the judgement of the FHC of 2018 and demand for a review of the decision of the Supreme Court in the Jegede v. Akeredolu’s case to address the issues submitted before the apex court to wit interpretation of section 183 of the Constitution and not otherwise!

Finally, the Constitution being the supreme law of the land provides in section 1 (1) that “This Constitution is supreme and its provisions shall have binding force on the authorities and persons throughout the Federal Republic of Nigeria” to this end, neither the President of the Federal Republic of Nigeria nor a Justice of the Supreme Court, nor any other person should be allowed to continuously and glaringly violate the express provisions of the constitution and disobey the decision  of a court without consequence.

“WE MUST STOP PAYING LIP SERVICE ON THE BURNING DESIRE OF GETTING NIGERIA ON THE PATH OF PROGRESS.”

Long Live Nigeria

Most Obliged.

ABDULMUHSIN A. WAKAWA ESQ,

Head of Chambers, The Ivylaw Practice Keffi., Chairman, Young Lawyers Forum, NBA Keffi Branch, muhsinwakawa@gmail.com