Former presidential spokesman,
Reuben Abati, has spoken on ex-President, Olusegun Obasanjo’s statement,
advising President Muhammadu Buhari against seeking re-election in 2019.
Obasanjo, in a lengthy and
strongly-worded statement, said Buhari and his government have failed
Nigerians.
In an article on Tuesday titled,
‘Obasanjo and the extent of presidential powers’, Abati recalled that Obasanjo
accused Buhari of nepotism, lack of understanding of the internal dynamics of
Nigerian politics, blame-passing, condoning of misconduct and outright
incompetence.
He also gave insight to “cabal in
government,” noted that the underlying principle in Obasanjo’s statement is
that those to whom power is bequeathed must be accountable for the exercise of
such power.
“For me, there are a number of
projected questions. Can a president actually be held responsible for the
failings of the government he heads? Should the blame for an administration’s
failures be heaped on the head of a past government and its officials?
“Who can be held liable in the
circumstance – a cabal, former Ministers, or those exercising delegated
authority? For whereas Obasanjo holds every President accountable, I have heard
persons claim that he has no moral right to do so. It is even alleged that
President Buhari cannot be questioned because he is answerable only to the
people whose sovereignty he personifies.
“President Obasanjo, by heaping
the blame and the responsibility, on the head of President Muhammadu Buhari is
drawing attention to the full extent of the ascribed and inherent powers of the
President under the Constitution. The Nigerian Constitution in letter and
spirit makes the Nigerian President an Emperor with near-absolute powers.
“His powers are extensive and
expansive. Under Section 5(1) of the Constitution, he is empowered to either exercise
his powers directly or to delegate. His relationship with those to whom he
delegates authority is akin to that between an agent and a disclosed principal.
“Section 5(1) is instructive:
“Subject to the provisions of this Constitution, the executive powers of the
Federation – (a) shall be vested in the President and may, subject as aforesaid
and to the provisions of any law made by the National assembly, be exercised by
him either directly or through the Vice-President or Ministers of the Government
of the Federation or other officers in the public service of the Federation;
and
“Section 148(1) adds: “The
President may, in his discretion, assign to Vice-President or any Minister of
the government of the Federation responsibility for any business of the
Government of the Federation, including the administration of any department of
government.”
“It stands to reason therefore
that whatever is done by those agents, lawfully and within the bounds of
Presidential approval, are within the scope of the responsibility of the
President. In other words, the President cannot pass the buck.
“So, is it right to say Buhari is
a good man, but the problem is the cabal? Or to hold heads of MDAs liable for
acts that were carried out with Presidential authority and approval?
“The term or the group known as “cabal” is unknown to the
Nigerian Constitution but the Constitution knows the President. Section 148
also recognizes that Ministers are appointees of the President, exercising
delegated authority. This is why the National Assembly cannot impeach
Ministers; they can only be sanctioned or relieved of their duties by their
appointor, namely the President.
“In practical terms, this has been a source of problem.
Nigerian Presidents function like Emperors. How many appointees can stand in
front of a President and query his authority, or turn down his directive?
I align with the definition of responsibility in Obasanjo’s
review of the exercise of presidential authority. For instance, there are cases
in court against Ministers and advisers who served under the Jonathan
administration over matters such as the spending of security votes and sale of
oil blocks, but to what extent can they be held responsible for obeying
presidential directives?
“Today, in President Buhari’s Aso Villa, the Chief of Staff
in particular has been accused within the public domain of many things. Does
anyone really believe that a Chief of Staff can act on his own without
Presidential backing and not lose his job?”
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