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B N W: Biafra Nigeria World News |
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Power to crush rebellion?
SIR: The news item on page 1 of (The Guardian of Wednesday, September 29, 2004) titled "Council of States grants Obasanjo power to crush rebellion" requires attention.
The powers of the Council of States are listed in the Third Schedule, Part 1 (B) of the Constitution of the Federal Republic of Nigeria and one would decipher from its content that the role of the Council of States is purely advisory and that is why Section 154(B) vests the power to appoint the membership of the body absolutely on the President. That section states:
In exercising his power to appoint a person as the chairman or member of the Council of States... the president shall not be required to obtain the confirmation of the Senate.
Therefore, the body cannot grant the power it does not have to the President. For avoidance of doubt, the powers of the Council of States as contained in the constitution of Nigeria is reproduced below:
The Council shall have the power to :
a) advise the president in the exercise of his powers with respect to the
i. national population census and compilation, publication and keeping of records and other information concerning the same;
ii. prerogative of mercy;
iii. award of national honours;
iv. the Independent National Electoral Commission (including the appointment of members of that commission);
v. the National Judicial Council (including the appointment of members, other than ex-officio members of that Council) and
vi. the National Population Commission (including the appointment of members of that commission); and
b) advise the President whenever requested to do so on the maintenance of public order within the Federation or any part thereof and on such other matters as the President may direct.
The phrase "...and on such other matters as the President may direct" suggests that the Council derives its power from the President and not vice-versa. Consequently, one hopes that Chief Olusegun Obasanjo would not succumb to this unconstitutional expression of the "power" of the Council of States to clamp down on dissenting voices in the land.
However, the above does not translate to support for subversive activities in the land but that the Presidency should evolve other more peaceful and more democratic solutions to calm the restiveness in the land. It is becoming increasingly clear that there is no alternative to the conference of ethnic nationalities in the country and the President should let the voice of the people prevail.
Rasheed Ojikutu,
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