NIGERIANS DESERVE AN APOLOGY

In a democratic set up like ours, the legislature is the chief custodian and preserver of the constitution, the executive is the chief custodian and preserver of the policy of government and its execution, whilst the judiciary is the custodian to the interpretation of the constitution. By this configuration a constitutional tripod is established.

In the clear words of Honourable Justice Niki Tobi, Justice of the Supreme Court (as he then was,) in the very important case of AKOJU V ADELEKE (2007) All FWLR (pt 353)3, 122, he succinctly opined that: “One major role of a custodian is to keep under lock and key, the property under him so that it is not desecrated or abused.

The legislature as a custodian is expected to pet the provisions of the constitution like the way the mother pets her day-old baby. The legislature is expected to abide by the provisions of the constitution like the way the clergy abides by the Bible and the Imam abides by the Koran.

And so, when the legislature… is responsible for the discretion and abuse of the provisions of the constitution in terms of patent violation and breach, society and its people are the victims and the sufferers…”.

His lordship admonished further that: “Society and its people are not totally hopeless, as the judiciary in the performance of judicial functions under section 6 of the Constitution, is alive to check acts of violation, breach and indiscretion on the part of the legislature”.

Arising from the above therefore, the legislature more than any other arm of government represent the voice-mail of the collective will of the people because they hold the mandate of the people to speak for them. Perhaps this may be the reason why at every military incursion to disrupt civil governance, the first causality to be disbanded completely is usually the legislature.

By reason of the sacred role of the legislature a responsibility is owed to always elect legislators who are capable of making laws for the peace, order and good governance of the sovereign and who do not pursue their personal interest but uphold the collective will of the people.

It is common knowledge that for some time now, it is that our legislators either want to become perpetual members of the legislature or must be NEC members of their political parties. All aimed at protecting their interest. May God help us to direct our democracy now gone mad.

However, the recent judgment of the Federal High Court, Lagos by Justice Okeke in the suit by Olisa Agbakoba (SAN) challenging the propriety of the decision of the National Assembly to amend the 1999 Constitution without presidential assent may have technically and temporarily put to rest the avoidable arrogance and unnecessary ego and controversy deliberately introduced into the matter by the National Assembly.

The judgment has further demonstrated that the judiciary is capable of checking the excesses of the legislature or any arm of government. Nigerians are therefore not totally hopeless, as the judiciary is alive to strike down acts of legislative arrogance and rascality.

To those of us who before now have questioned what was there to be achieved by the leadership of the National Assembly over a matter as simple as requiring the assent of the President as provided in section 58 of the 1999 Constitution to make a law valid, other than the infestation of ego virus, we are by this judgment vindicated.

The questions one is tempted to ask are: What exactly does the National Assembly set out to achieve by blocking the assent of the President?Is it that members no longer believed in the doctrine of separation of power?Or that signing of an act or bill into law is a mandatory executive function?

What will the National Assembly suffer if presidential assent is given?Is it an indirect way to frustrate the 2011 general elections?We have respected lawyers in the National Assembly who know that it is better to err on the side of surplus age by allowing the amendment to be signed than to err on the side of restrictiveness and fail asis the case now?

If Mr. President signs the amendment into law and the court later says he ought not to have signed, the National Assembly and the Nigerian people suffer nothing. The President’s signature is struck down and all steps taken by INEC in pursuit of the amendment remain valid. This is the surplusage excused by law.

Mr. Utum ETENG , a lawyer, writes from Calabar, Cross River State.