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House of Reps seeks to avoid a repeat of succession dilemma
Thu, 25 Mar 2010 05:20


Rt. Hon. Dimeji Bankole, Speaker of the House of Representatives


Nigeria's House of Representatives recently held a public hearing on two important Bills. The first Bill seeks to address the issue of succession if the President or a State Governor is unable to carry out their executive duties. The intent of the second Bill is to modify the period of election so as to create enough time between the election and swearing-in. The following remarks were made by Rt. Hon. Dimeji Bankole, Speaker of the House of Representatives, at the public hearing.

Constitutional review is a major landmark in our country’s journey towards creating a more stable, viable, united, dynamic and prosperous democratic state.

The first Bill is an amendment which seeks to address the contentious issues associated with Section 145 and its related Sections 146, 190 and 191 of the 1999 Constitution of the Federal Republic of Nigeria. We are all witnesses to the challenges and tensions that recently characterised the interpretation and operation of certain sections of the constitution. This public hearing is therefore, of utmost importance essentially because the Bill seeks to address decisively the process of succession, to make proper provision for the Vice President and Deputy Governors whom are to assume and discharge the functions of the President/Governor during their absence or temporary incapacity.

The second Bill intends to amend Sections 76(2), 116(2), 132(2) and 178(2) of the same Constitution. The intendment of this Bill is to modify and reorder the period of election in the country so as to make for ample time between the election and swearing-in. One of the cardinal objectives of the Bill is to make for election to hold six months before the swearing-in of elected persons. This is to allow the relevant courts sufficient time for the proper and conclusive disposal of all pending election litigations on the election of the Federal and State Legislatures, President and the State Governors. We want to put behind us the frustrating and distracting experience of long election litigations, part of which resulted in the unenviable record of a post election petition that lasted about 40 months.

The event of today represents a responsive cum proactive approach by the Federal Legislature to fine-tune those aspects of our 1999 Constitution that have proved rather contentious and revealed that our grundnorm is defective in certain critical areas. There is no gainsaying the fact that any constitutional review exercise that does not carry the people along, cannot stand the test of time. I am gratified to note that the House Ad-Hoc Committee on Constitution Review has been consulting extensively with all stakeholders across the nation. I have no doubt that such wide consultations, including this public hearing, will not only give legitimacy but also confer credibility on our envisaged revised Constitution. I wish to suggest the need to explore the articulation of a comprehensive Presidential/Governorship Succession Bill that would establish a long order of succession to the Presidency and Governorship, so that even in the most foggy situations, the country or state will still have someone in charge.

Public opinion represents the views and feelings of our citizens, who, in reality, are the electorates and our masters that elected us to represent them. Above all, respect for public opinion necessitated the National Assembly to intervene with a resolution recognising the Vice President, Dr. Goodluck Ebele Jonathan as the Acting President. According to Justice Louis Brandeis “in a democracy the most important office is the office of citizen.” Today, it is very clear to all those who love Nigeria and are genuinely interested in her wellbeing that our decision was informed purely by the overall interest of our nation. As we meander the curves in the learning process of our democratic evolution, it has become necessary to reflect and take needed action that would forestall any derailment through acts of commission or omission. We are mindful of our past unsuccessful democratic experiments and are working very hard to overcome our present challenges in order to secure a stable and prosperous future for this and unborn generations of Nigerians. In this regard, we enjoin Nigerians to appreciate that laws, and indeed the Constitution, are made for man, and not the other way round. There is unanimity of opinion that at least the tension which the issue generated, has considerably subsided. As a firm believer in the principle of the rule of law and with all sense of modesty, I dare say that the National Assembly is determined to pull all stops in ensuring that this democracy undergoes steady maturity and eventually stabilises.

I wish to reassure Nigerians and other stakeholders that we are resolute to use this public hearing and other legislative organs to give our citizens hope that the occupation of public offices can be applied for the good of the overwhelming majority who yielded their rights and elected us as Senators, Honourable Members, Governors, Local Government Chairmen, etc to represent them and improve their wellbeing. I commend the House Ad-Hoc Committee members, under the distinguished Chairmanship of His Excellency, Honourable Usman Nafada CON, for organising this very important Public Hearing. I also salute distinguished guests and stakeholders for your attendance. In fine-tuning a constitutional document of our collective dream, I assure you that your informed inputs will be of tremendous benefit to us in the House of Representatives.

My fellow citizens, as a nation united by a common destiny irrespective of our heterogeneity, today, I respectfully make this appeal to you: let the peace, harmony, stability, economic growth and the happiness of Nigerians and the greatness of Nigeria always occupy your thoughts and actions.

Contact Details

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Abuja, Nigeria

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