Fawehinmi may sue govt over loan to Ghana, Sao Tome
From Niyi Bello, Akure
LAGOS-based lawyer, Chief Gani Fawehinmi (SAN), may again initiate legal proceedings against the Federal Government over the loan to Ghana and Sao Tome.
To him, the unilateral action of President Olusegun Obasanjo, which had failed to seek the approval of the National Assembly prior to the granting of the loan, was a "gross abuse of the constitutional process and a serious misconduct on the part of the President".
The Senior Advocate who spoke with journalists at the weekend shortly after he was honoured with an award of excellence by the Akure, Ondo State branch of the Nigerian Bar Association (NBA), said it was to check this abuse and "other drawbacks on the country's collective democratic aspiration" that he had decided to go to court.
Fawehinmi pointed out that the President had acted against the provisions of section 164(2) of the 1999 Constitution.
That section, he explained, states that the permission of the National Assembly must be sought before any financial grant can be made to foreign bodies.
According to him, "the President has actually taken the National Assembly for a ride and the legislators should view it as a serious misconduct. His action is clearly contrary to Section 164 sub-Section two of the constitution.
"That section states that grants to foreign governments and international institutions can only be made in accordance with the laid down conditions of the National Assembly, which must be adhered to before any grant is made".
He raised alarm on the various allegations of constitutional abuse against the President, stressing: "Obasanjo's path as the President of this country is littered with illegalities, unconstitutionality, arrogance and obstinacy in the way he governs the country.
"He is not governing this country according to the law or constitutional order, but according to his personal whims and caprices. This posture is capable of stalling our democratic process and as a matter of fact, derailing it".
Fawehinmi also argued that the poor financial position of the average Nigerian vis-�-vis the enormous potential of the people at the helm of affairs in the country was another factor that should have acted against any desire by government to offer assistance to other countries.
He said: "The President does not care about the level of poverty in the country. He is doling out money to needy nations like a Father Christmas.
"The United Nations has attested to it that Nigeria has become the second poorest country in the world and this is in contrast with the huge wealth that our leaders are squandering on daily basis.
He remarked that a responsible government should have used the enormous resources of the country to better the lots of its citizens instead of doing things that are at variance with the wellbeing of the people it has sworn to govern.
Other awardees at the Law week, which climaxed with a dinner on Saturday night, included Chiefs Afe Babalola, Wole Olanipekun, the National President of the NBA and Prince Adetokunbo Kayode, all Senior Advocates of Nigeria (SANs), who along with Fawehinmi, bagged the Award of Excellence.
Others were the wife of the Ondo governor, Mrs. Olufunke Agagu, Otunba Adetunji Adeleye and Chief Jimoh Ibrahim, who bagged the Role Model Award, while Special Recognition were given to Chief Samuel Ogedengbe and Anthony Adeniyi.
