'We've Suspended Human Rights in Plateau State'
Amidst concerns that the National Assembly as presently constituted lacks focus concerning its duty to checkmate excesses of the executive arm of government, Hon. Patricia Udogu, a member of the Judicial Committee of the House of Representatives and member of the Pan-African Parliament, argues that Nigeria's nascent democracy cannot survive another round of executive/legislature feuding. In this interview with Chuka Odittah, she spoke on the ideology of partnership between the two arms and why the House backed the proclamation of emergency rule in Plateau State.
There is a growing concern that the present crop of lawmakers lack the competence or integrity to check the powers of the President. People are worried that the House of Representatives, and perhaps the Senate, are not capable of making laws that will meet the yearnings of the Nigerian populace. How do you react to this?
No, no, no. I don't share their view. I think instead that the present Legislature is made up of professionals, people of proven integrity and sound minds who have the mandate of their people at heart. The present Legislature in all modesty has gone ahead to champion the cause of the Nigerian people. Take for instance the position of the House during the just-ended fuel price strike. It has also inaugurated various committees and signed many bills into law, much more than the previous Assembly. It has also created charters, all geared towards improving the life of an average Nigerian and the society at large.
What people are probably not seeing is the usual cause posture between the Legislature and Executive. And I tell you, this does not necessarily take Nigeria anywhere. Those who did it during the past Assembly, what did they achieve for the country? Nothing!
The good relationship existing today between the Legislature and Executive makes for progress in the system of governance. It is indicative of the determination of both arms of government not to unnecessarily heat up the system, and to work in the right direction. It also goes to show that the present members of the National Assembly are experienced, mature and properly focused for the job. We deliberately disregard frivolities and distractions of any form, so that Nigeria can witness progress. For so long we have been under military subjugation and that has affected so many areas of our lives.
How would you rate the quality of legislation of the last Assembly, compared to the present House?
I cannot start comparing the quality of legislation in the last Assembly with the present, because in the first place I was not in the last Assembly. Now, within that time, I was into private practice as a lawyer and so you do not expect me to tell you something about what I practically was not part of. Nonetheless, I think every one knows how the last House was characterized by incessant squables with the Executive, without achieving much in terms of dividend for the people. So, we are constantly on the guard to avoid unnecessary rancour, while still ensuring that the right things are done at the right time.
Talking about the emergency rule in Plateau State which the House endorsed, many Nigerians including notable legal luminaries still believe that the suspension of Governor Chief Joshua Dariye and the State Assembly was unconstitutional as well as unwarranted. As a lawyer and a legislator, what is your position on the issue?
Well first of all, may be we'll start with the proclamation. I thought you will first of all ask whether the proclamation was constitutional or not. If you ask me if the state of emergence in Plateau was constitutional, I will tell you, yes it is. Because section 305 of the 1999 Nigerian constitution gives the President the power to proclaim state of emergency in the entire federation or part thereof that has a problem. And as soon as he does that and gazettes it, it is for the National Assembly to verify that proclamation. And the constitution went ahead under Section 305 (3) to enumerate instances where he can make proclamation of such state of emergency.
In the case of Plateau State, the justification of the state of emergence comes within sub-section 305 (3) C-D.
What do these areas stipulate?
Subsection 3 (c) said if there is actual break-down of public order and public safety in the federation or any part thereof to such extent as to require extra-ordinary measures to restore peace and security. Then subsection 3 (D) says if there is clear and present danger of an actual breakdown of public order, or public safety in the federation or any part thereof, requiring extra-ordinary meatures to avert such dangers, etc.
To my mind, these two provisions are relevant to Plateau State. In this particular case the President made the proclamation, gazetted it and forwarded the bill to us for ratification, which was subsequently passed by a majority of the members by both the Senate and House of Reps. In addition to that, the issue of suspension is also a consequence of that proclamation because if there is a state of emergency, the purport is that there will be robust presence of the military or police as the case may be. And with that kind of structure, Section 4 of the constitution which is on fundamental human right is automatically put on hold. This is because people are denied the rights enshrined in that part of the constitution. This is my own personal view. When such a democratically elected government is suspended or by implication tampered with, what do you expect? The democratically built structure should be in abeyance, until whatever warranted the state of emergency is rectified. Only then will democracy come back.
I am happy that the President was properly advised and he used the word suspension, not dissolution as people are saying. I am disturbed that some people are insinuating that the suspension is the same thing as dissolution of the government. Ordinarily, I am saying that the Plateau Government is only on suspension because the same provision of the Nigerian constitution, Section 305 (6)c also provides for a period of six months within which the proclamation of state of emergency will elapse. And if it does, the President has the power with the permission of the National Assembly to extend it further down. The provision also stipulates that after a period of six months has elapsed, the National Assembly may before the expiration of six months extend the period of the proclamation to remain in course for a further period of six months by the resolution in like manner.
People are saying that the clamping of emergency rule was not really called for as at the time it was proclaimed, and that the suspension, of the governor and the State legislature was a belated attempt at solving the problem in Plateau State, more so when it is was not stipulated in the constitution that the President had powers to suspend a governor?
I already said that the suspension of the Governor of Plateau, to mind was necessitated by the facts that the democratic structure cannot stand side by side the of security apparatus put in place to restore normalcy. We referred to this earlier. The governor cannot be functioning along side the security structure put in place to restore peace in a statewhere law and order had broken down in the name of religious crisis with fatal consequences and threat to national security. In a nutshell, Governor Joshua Dariye was suspended alongside his state legislators, as an implication consequent upon that proclamation
Some analysts observe that what happened in Plateau State was a clear case of vendetta, because far more disturbing cases of death have been recorded in some states without a corresponding punishment. Do you think the suspension of the state legislature was also right?
The state executives and legislature are both democratic structures. They are all on suspension for six months. If General Chris Alli (rtd) who is the State Administrator is able to achieve stability in the state within the six months, the suspension will be lifted.
What is your view of the recent fuel price hike to a little over N50. per liter. Are you worried about this, or even the last but one strike called by NLC?
I can't talk on that without being sure of why they increased the price. There must be reasons for the increase. Inasmuch as it affects me, its affects my constituency and the entire Nigeria, I cannot comment on it. I am not in a position to delve into that. It affects all of us I will leave it to the executive arm and the technical people who know why they effected the increase to comment.
Still on the Plateau issue, do you believe that the state governor was liable for breakdown of law and order as it happened and not the security apparatus in the state?
The governor is the chief executive of the state, he is the commander-in-chief of the state. He receives security vote. Clerics and other religious leaders are not entitled to security vote. If they were, this proclamation would not have been visited on the governor. It lies or the governor to maintain or create an atmosphere for peace in the state. Although I did not visit Plateau to be able to assess the role played by the governor in the situation in the state, we were informed that there were instances of evidence, of neglect of duty by the Plateau Governor. I wasn't there myself so I don't have first hand information. But I don't have reason not to believe the President and leaders of political parties who also visited the state. We were also informed that the President consulted widely with traditional rulers and other leaders before the decision to suspend the governor. I don't have any doubt in mind that the President did all that he needed to do. But I only pray that the issues there are properly sorted out so that he gets back to the job.
Many people hold the view that the House of Representatives was lobbied and probably induced with money to give assent to the emergency power bills. Do you have any fear about what this may portend for democracy?
I am a legislator of the Federal Republic of Nigeria. I am a notary public in my profession as legal practitioner. Nobody gave me a kobo. I attended the meeting of Caucasus of South East. No such thing came up on that particular day. Some honourable members from the South East even voted against the state of emergency bill. It wasn't like we all ganged up or were induced with money as people think. We had diverse opinions. If we were induced with money then there would have been no dissent at all. A majority voted in favour of it while about half of the House was against it.
You are a member of the Pan-African Parliament. Tell us about your experience
I am a member of the Pan-African parliament which was inaugurated about threemonths ago. Nigeria sent in five legislators into that's parliament just like every other country. Every country was required to send in five members of its parliament or legislators. There was also a I condition that at least a female must be a member. I am the female representing Nigeria in the African Parliament. After the inauguration, we had a session for a few days, after which we formed ad hoc committees to come back in July for another session. The parliament will among other function focus on effective legislation, particularly as it affects member countries with a view to achieving collectively beneficial objectives.
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