Don Cautions Senate Over el-Rufai
From Lillian Okenwa in Abuja
Amidst the hue and cry over Senate's reaction to the statement credited the Minister of the Federal Capital Territory (FCT), Mallam Nasir El-Rufai, a law Professor and constitutional lawyer, Professor Epiphany Azinge has cautioned that the recommendation for the minister's removal if not properly handled may have negative impact on the nation's democracy.
He pointed out that while the minister's statement may be quite offensive, he has in no way, "apart from certain offensive remarks he made, offended or violated the oath of office he swore, arising from the 7th schedule of the constitution."
"What we should be thinking of is a situation that will not Snowball. An attempt of one arm of government to blackmail the other can boomerang or can also become an instrument that will also engineer another arm of government to either adopt a retaliatory approach or to also invoke such measures when the time arises.
"The example that one can easily give is a situation where if per chance tomorrow, a Chairman of a Committee of the Senate, or a Principal officer in the senate makes a derisive or offensive remark against Mr. President. Should we now expect that Mr. President, can now either instruct or direct that such an officer should forthwith cease to operate as a principal officer or a chairman of the committee, simply because he has been either insulted or offensive remarks made against him by such an officer?", he said.
"Azinge said by the time we work along that line, it seems that not just are we going to breach clearly the principles that formed the basis of the separation of power doctrine, but also we now find a situation where one arm of government would consistently and continuously dictate to the other arm of government and this I think is not in tandem with the principles of separation of power."
He maintained that though the remark may be offensive, what constitutionally does not seem appropriate is their taking a resolution requesting President Olusegun Obasanjo to sack him within 48 hours. "Their taking the resolution is what constitutionally does not seem to be appropriate. I do accept that the remarks may be quite offensive, saying that silence is the best answer to a fool. That not withstanding, the resolution requesting for his removal or sack by Mr. President is not in tandem with democratic practices as it relates to the implementation or application of the doctrine of separation of powers in places where they obtain, given the timing and minute details surrounding the application and implementation of the doctrine of separation of power," he explained.
Azinge said the position is that in principle, the three arms of government, are supposed to operate independent of one another and that unnecessary or undue incursion of one arm of government into the affairs of the other arm of government is totally unacceptable adding that does not in any way suggest that there should be no checks and balances.
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