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Engr. Atsar Terver
Public Commentator
Port Harcourt
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I stand to be counted among those who strongly oppose the unconstitutionality being perpetrated by the president and the PDP. Any impeachment plan against Atiku must follow the due process specified by the 1999 Constitution in sections 143 and 144. As it is today, Atiku constitutionally remains (until otherwise decided by the National Assembly) the Vice-President of Nigeria. The office and the occupant must be treated with decorum.

GOD HAS LEFT OBASANJO ALONE
by Engr. Atsar Terver

It has always been my conviction that Nigerians made the greatest mistake in this century by electing OBJ as their president in 1999. I say this because; in 2003 he used the power of incumbency to reinstall himself. He was not elected. If Nigerians have known the kind of leader OBJ would turn out to be, they could have urged Abdulsalami Abubakar to continue.

Since 1999 we have witnessed systematic destruction and the denigration of the Nigerian Constitution by no other person than the very man who is supposed to be the chief protector of the constitution. He swore twice under oath to protect and uphold the Nigerian constitution but has turned round to do the opposite. He has foisted veiled dictatorship, covered with lies and hypocrisy in the name of fighting corruption upon the unsuspecting masses of this nation, who by the way are too burdened with the challenges of daily living to notice his antics.

His latest insult on the collective morale of Nigerians and the Nigerian constitution is the purported sacking of the Vice-President on the grounds that he has left the PDP. It is very elementary knowledge that the president lacks the powers to do this in the manner he did. We don’t need a SAN to interpret this obvious provision in the Nigerian constitution. That OBJ could not understand sections 143 and 144 of the constitution that spells out how to remove the Vice-President (as well as the president) from office is a clear justification why he needed to go back to school.

I am sure it was after making the reckless and arrogant pronouncement to the effect that the Vice presidents seat has become vacant that some of his legally imbecilic hangers-on ‘advisers’ saw the need to point it out to him that the way to go was to seek a court pronouncement even though,even this approach is not prescribed by the constitution. The court cannot pronounce the vice presidents office vacant without due process and approval by 2/3 majorities of all the members of the National assembly. It is obvious that OBJ knows the Senate and the House of Rep. are not in a hurry to impeach the VP following their resolve to investigate the PTDF scandal instead, hence his quest to achieve his vengeful desire through a back door. This is in the simplest words shameful.

Reading through the case filed by his lawyers, one begins to wonder if these lawyers themselves believe they have a case or they simply are out for their legal fees. After all ‘man must wack’, so they say. But If I were a SAN, I would not want to tarnish my image by pursuing such a non-case. The constitution of the federal republic obviously did not envisage that a President, Vice-President, Governor or Deputy Governor would move to another party after election and so it does not make any provision for what to do in this circumstance. It does not say that if an elected governor moves to another party different from the one on which platform he was elected then the president of Nigeria could declare his office vacant.

The constitution states that a president must be elected alongside with a running mate in the same party. But does not forbid any of them from leaving the party on which platform they were elected. Atiku’s election cannot be voided in isolation to that of the president except by impeachment, death, or insanity or medical incapacity. If we are to buy OBJ’s argument, then, the defection of Atiku’s to another party has voided not just the election of the VP but also that of the president himself since he is not deemed to be validly elected without a running mate. So the honorable thing for OBJ to do is to resign instead of resorting to petty witch-hunting.

Even though I am not a lawyer I know that you cannot quote what the constitution does not say. Obj’s assumptions as to regards the morality or otherwise of Atikus action does not constitute constitutional provisions upon which a court could base judicial pronouncement. They remain his wrapped up wishes and nothing more. Any judge who is worth his salt in the profession would not wish to waste his time on a case like the one OBJ filed against Atiku. The case belongs to the dustbin and nowhere else.

It is obvious that those who drafted the Nigerian constitution, (including Atiku who was a member of the constitution drafting committee) did not imagine that a ruling party could become so illegally minded to abandon their (party) constitution and adopt an unwritten constitution dictated by the president. They did not imagine that the ruling party would for no just reason sack the Vice President who is their member even against the ruling of a court to the contrary and by so doing disenfranchise him from participating in elections. They did not imagine that the President would take it upon himself to decide who will and who will not succeed him.

It is apparent therefore that the constitutional crisis so generated by Atiku’s defection is not his creation but that of the PDP and their self appointed party leader-OBJ. Atiku has not violated any aspect of the Nigerian constitution by moving to another party to exercise his right to contest any election for which he is qualified in this country. The constitution guarantees his freedom of association and that is to say, he can choose which party he wishes to belong to. It behooves on the PDP to make their party attractive enough not only to retain their important members (such as Atiku) but also to attract new members.

When Jigawa State Governor, Saminu Turaki, crossed over to the PDP, did anyone say
anything about removing him from office? Even on the floor of the Senate, more than 10 Senators have moved from one party to another and their seats have not been declared vacant. So, why is Atiku’s case different? If Atiku is as corrupt as OBJ and his cohorts want us to believe, then why is he afraid to allow him run and face the shame of loosing?

On the other hand the Vice-President through his revelations to the senate implicated the President and his men in the management of the Petroleum Technology Development Fund (PTDF). What has OBJ done to prove his innocence? What moral right does he have even to remain the president to even be talking of sacking his deputy whose only offence is aspiring to rule his country in line with his rights as guaranteed by the constitution?

Atiku stated the reality when he declared in his acceptance speech at the AC convention in Lagos that ‘We are in grave danger of surrendering our country to a cabal of opportunistic, greedy and hypocritical clique, which hides under the guise of high moral principles to debase our democratic institutions and practices. This clique hounds and persecutes political opponents, while systematically cornering the collective resources of Nigerians for their collective use.” This is what every one that loves Nigeria should arise to fight. This fight is not an Atiku affair. It should be seen by all as a patriotic responsibility to secure the future of democracy in Nigeria and by extension, a bright future for our children yet unborn.

The PDP leadership and OBJ with his aides has constituted themselves into hypocritical cabal headed by President Obasanjo, wishing to subdue this nation to their whims and caprices. This cabal has no respect for the constitution. It has no regard for the legislature, the rule of law, and democratic tenents. The cabal remains the greatest enemy of this democracy, yet it points the accusing finger to Atiku describing him as a fifth columnist.

Unfortunately some people believe Atiku is going through a personal travail borne out of personal choice and should fight alone. Some like Jubril Aminu are eager to see him go down so that they could be ‘appointed’ VP. Some think Atiku is doing all these because he wants to be president at all cost. This is far from the truth. He could have decided to play the President’s game till the end of this administration and later come up with belated expositions. For him to have taken on the President while still in power means there is an iota of principle in his fight. There is something this man is seeing which the quest for political favour from the president has blinded many politicians from seeing. This is indeed very sad for our nation but one thing I know is that when the history of Nigeria is written for our future generations, Atiku’s name will appear in gold.

I call on the Senate and the House of Representatives to call Obasanjo to order. They should resist the temptation to sit on the fence for fear of political persecution. A position must be taken on an issue like this by the National Assembly. It is either they agree with what President Obasanjo has done, that is, jettisoning the Constitution or not. It is important to say whether the President is right or wrong. There should be no room for compromise aimed at promoting illegalities.

I stand to be counted among those who strongly oppose the unconstitutionality being perpetrated by the president and the PDP. Any impeachment plan against Atiku must follow the due process specified by the 1999 Constitution in sections 143 and 144. As it is today, Atiku constitutionally remains (until otherwise decided by the National Assembly) the Vice-President of Nigeria. The office and the occupant must be treated with decorum.

The tragedy of any mortal soul resides in his inability to know his limits. The President is one man who has failed to know his limits both as a man as well as Nigeria’s president. He is going too far. It is obvious that such extreme personalization of power by OBJ will only heat up the polity and put the 2007 elections in jeopardy with regrettable consequences. The President and his Party (PDP) have continued to show serious disdain for judicial decisions and the rule of law. Choosing only to obey the law when it favors their wicked agenda.

There is a time when even God decides to leave a man alone to his antics so that he will go far enough to be destroyed. I believe God has started ignoring him already preparatory for judgment. That is why the Scripture Hosea 4:17, says - Ephraim is joined to idols: let him alone. I think OBJ has reached that stage and would soon drink the dregs of the cup of God's furry. Unlike Ephraim who joined himself to Idols, OBJ has become an idol himself, a cult figure and an evil omen for our country. Let him go ahead and sack the VP, the National Assembly and Governors, but one thing is sure, nemesis must catch up with him one day, except he repents.