The Place Of The President And Vice President Under The Nigerian And American Constitutions (Part 2) By Mike Ozekhome, SAN

INTRODUCTION

It is the responsibility of individuals to know that the liberties of our country, the freedom of our civil constitution, are worth defending against all hazards, and it is our duty to defend them against all attacks. In the same vein, the constitutional provisions that clearly define the roles of the President and Vice President should never be undermined. The current “private visit”  by President Buhari to the UK, a foreign land with a differing territorial jurisdiction, but where he is busy signing Laws that govern NIgerians, has more than ever before brought to the fore the place of the Vice President in a presidential system of government that we operate. How could the president side-track his joint ticket VP to totally ignore him and act in a foreign land as if sections 142 to 145 of the 1999 Constitution were inserted for mere decoration? Where is our national honour, pride, dignity and self-esteem as a sovereign state? Last week, we considered some of the roles of the Vice President of America, to include, but not limited to presiding over the impeachment trials and the power to supervise electoral votes count. On this note, we shall continue with other informal roles of the American Vice President.

OTHER INFORMAL ROLES OF THE AMERICAN VICE PRESIDENT

The extent of any informal roles and functions of the vice president depend on the specific relationship between the president and the vice president, but often include tasks such as drafter and spokesperson for the administration’s policies, adviser to the president, and being a symbol of American concern or support. The influence of the vice president in this role depends almost entirely on the characteristics of the particular administration. Dick Cheney, for instance, was widely regarded as one of President George W. Bush’s closest confidants. Al Gore was an important adviser to President Bill Clinton on matters of foreign policy and the environment.

Under the American system of government the president is both head of state and head of government, and the ceremonial duties of the former position are often delegated to the vice president. The vice president will on occasion represent the president and the U.S. government at state funerals abroad, or at various events in the United States. This often is the most visible role of the vice president. The vice president may also meet with other heads of state at times when the administration wishes to demonstrate concern or support but cannot send the president personally.

THE VICE PRESIDENT IN NIGERIA

The Vice President of Nigeria is the second-in-command to the President of Nigeria in the Government of Nigeria. Officially styled and referred to as the Vice President of the Federal Republic of Nigeria, the Vice President is elected alongside the President in national elections.

The executive function of the Nigerian Vice President includes participation in all cabinet meetings and, by statute, membership in the National Security Council, the National Defence Council, Federal Executive Council, and the Chairman of National Economic Council (NEC). Although the vice president may take an active role in establishing policy in the Executive Branch by serving on such committees and councils, the relative power of the Nigerian vice president’s office depends upon the duties delegated by the president.

Section 141 of the Constitution of the Federal Republic of Nigeria (1999) (as amended) established the office of the Vice President.

Section 141 Provides:

There shall be for the Federation a Vice-President.

To further give weight to the office of the Vice President, the Constitution further provides in section 142 as follows:

142  (1) In any election to which the foregoing provisions of this Part of this Chapter relate, a candidate for an election to the office of President shall not be deemed to be validly nominated unless he nominates another candidate as his associate from the same political party for his running for the office of President, who is to occupy the office of Vice-President and that candidate shall be deemed to have been duly elected to the office of Vice-President if the candidate for an election to the office of President who nominated him as such associate is duly elected as President in accordance with the provisions aforesaid.

(2) The provisions of this Part of this Chapter relating to qualification for election, tenure of office, disqualification, declaration of assets and liabilities and oaths of President shall apply in relation to the office of Vice-President as if references to President were references to Vice-President.

It can, therefore, be argued that the Vice-President is NOT a “spare President”, because the Constitution has specifically assigned definite functions to him.

The Court of Appeal of Nigeria had an opportunity in the case of Atiku Abubakar v. Attorney-General, Fed. (2007) 3 NWLR (Pt 1022) 601 at 642, to give a thorough explanation as to the status of a Vice President. The Court held Per Abdullahi, PCA as follows:

“The President and the Vice President of the Federal Republic of Nigeria are jointly elected at a general election and the relationship between them is not that of a master and servant. In other words, the vice president is not an employee of the President or of the political party on whose platform they are both elected. In the instant case, the plaintiff not being an employee of the President or the political party on whose platform he was elected, he cannot be impliedly or constructively removed by either of them. “The Vice president, not being an employee cannot be impliedly or constructively removed. Assuming he qualifies as an employee, without, for a moment so deciding, his employer would most manifestly be the people of Nigeria, who elected him to the office, acting through their representatives in the national assembly but certainly not the President of the Federal republic of Nigeria nor the sponsoring political party. This assumption is based on the cliche that the power to hire is the power to fire embedded in Section 11 of the Interpretation Act. See Longe v. First Bank of Nigeria Plc (2005) ALL FWLR (Pt. 260) 65. In other words, this matter is a matter that falls squarely within the contemplation of Section 143 of the Constitution which expressly provides for the removal of the President and Vice President from office.”

On the strength of the above judicial decision, it is submitted that the relationship between the President and Vice President, is not that of master and servant as each of them is a creation of the Constitution and neither employs the other.

Unlike the Ministers, the President cannot remove the Vice President. The process of removal of the President or the Vice President is provided for in section 143 of the Constitution. It is through the process of impeachment, which is to be conducted by the National Assembly as set out in that section. Section 143(10) of the Constitution specifically ousts interference of the court from the proceedings leading to the impeachment of the holders of the two offices.

Section 143(11) defines what would amount to “gross misconduct.” Section 143 of the Constitution provides as follows:

“143    (1)        The President or Vice President may be removed from office in accordance with the provisions of this section.

(2)  Whenever a notice of any allegation in writing signed by not less than one-third of the members of the National Assembly –

(a)   is presented to the President  of the Senate;

(b)  stating that the holder of the office of President or Vice President is guilty of gross misconduct in the performance of the functions of his office, detailed particulars of which shall be specified.

the president of the Senate shall within seven days of the receipt of the notice cause a copy thereof to be served on the holder of the office and on each member of the National Assembly, and shall also cause any statement made in reply to the allegation by the holder of the office to be served on each member of the National Assembly.

(3)       Within fourteen days of the presentation of the notice to the President of the Senate (whether or not any statements was made by the holder of the office in reply to the allegation contained in the notice) each House of the National Assembly shall resolve by motion without any debate whether or not the allegation shall be investigated.

(4)       A motion of the National Assembly that the allegation be investigated shall not be declared as having been passed, unless it is supported by the votes of not less than two-thirds majority of all the members of each House of the National Assembly.

(To be continued).

THOUGHT FOR THE WEEK

“The Framers of the Constitution wisely understood that constitutional principles must not be sacrificed on the altar of political appeasement.” (Max Baucus).

LAST LINE

I thank Nigerians for always keeping faith with the Sunday Sermon on the Mount of the Nigerian Project, by Chief Mike Ozekhome, SAN, OFR, FCIArb., Ph.D, LL.D. I enjoin you to look forward to next week’s treatise.