LAGOS – The Federal Government has been urged to allow the judiciary do its work to avoid constitutional anarchy.
In a press statement jointly signed by Comrade Ifeanyi Odili and Dr Dapo Oluwole , President of Campaign for Democracy and Executive Director Transparency and Accountability Network (TAN) respectively, the group said the pillar of legitimacy of every variant of democracy “is the constitution on which it is founded.”
Addressing a press conference at the Airport Hotel, Ikeja the group noted that it is said among political scientists that if it is not constitutional democracy, it is not a democracy.
He stressed that democracy is more than just a game of numbers.”
The group noted that democratic process “is guided by a constitution that must be respected, adhered to and protected by every institution of government and the citizens at large.”
He stated that whenever questions arise that involves undermining the constitution by action or inaction of government or individuals, such questions must be answered via a thorough interrogation by the judiciary to make interpretations to clear all doubts and contestations in that respect.
According to the group, the 1999 Constitution of the Federal Republic of Nigeria (as amended) “may not be a perfect document as it had been variously analysed by many legal pundits and activists. remains Nigeria’s political legal tender binding on all Nigerian residents/citizen
According to the statement, until that constitution is amended through due processes as stipulated by the same constitution, “we must abide by its extant provisions to the letter.”
The group declared; “It is in this regard that we are intervening on the side of justice in order to save our democracy from a pending constitutional anarchy as currently being canvassed by the Federal Government through the office of the Attorney-General of the Federation.”
The statement further recalled that “it is public knowledge that 19 states in the country have approached the Supreme Court to determine whether the establishment of the Economic and Financial Crimes Commission, (EFCC), the Independent Corrupt Practices Commission, (ICPC) and the Nigerian Financial Intelligence Unit, (NFIU), followed constitutional due processes, which they believe it didn’t.”
The group opined: A quest for the clarity of due processes should not be subjected to unnecessary frustration, manipulation or outright sabotage by the Federal Government which ordinarily should be interested in upholding the country’s constitutional integrity.
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“The preliminary objection action instituted by the Federal Government on this matter smacks of anarchical tendencies. One would have expected the Federal Government to go to the court to argue its case against the 19 states, rather than apply for it to be struck out prematurely.
This, the group stated, had made many Nigerians to interpret the action to mean an attempt to intimidate the Judiciary into doing the bidding of the Federal Government.
“This is so uncalled for. The court should be allowed to determine whether these agencies were duly formed in line with the provisions of the 1999 Constitution (as amended) or not.
“If it was, that is the end of the case. But, if not, we would be presented with another opportunity to get it right this time around.
“From all indications, the establishment of these agencies were made by Federal Governments ‘s fiat by dwelling disproportionately on international conventions and obligations of Nigeria which are fundamentally inferior to Nigeria’s Constitution,’ the group noted.
The statement said “Our constitution is the supreme document to which all citizens and government institutions must subject themselves. Section 12, 1 & 2 of the 1999 Constitution of the Federal Republic of Nigeria (as amended) is unequivocal about this.
“If there are missing links in the establishment of these noble agencies, they are better fixed now before we run into serious constitutional crises that can frustrate our efforts to stamp out corruption from our national life.
“Any unconstitutional act by government or individuals, no matter how noble or beneficial, would eventually amount to a nullity under intense legal interrogations.
We can save ourselves all the troubles by allowing the Judiciary decide on this controversy without any attempt to apply federal might to scuttle the process.
“As a coalition of over 200 Civil Society Organisations (CSOs), we have instructed our lawyers to see the possibility of being joined in the suit with the 19 states who are already in court.
“If that is legally allowable, be rest assured that we will be fully represented in the matter because, being civil society, we are the conscience of our democracy and the course of justice in our nation.”
