Femi Falana, a senior advocate of
Nigeria (SAN), says President Muhammadu Buhari is not prohibited by law to
confer national honours on deserving Nigerians, dead or alive.
Falana said this on Thursday in
reaction to a statement by Alfa Belgore, a former chief justice of Nigeria
(CJN), describing as illegal, the conferment of Nigeria’s highest national honour
on MKO Abiola, presumed winner of the June 12, 1993 election.
The retired judge said the
national honours can not be awarded posthumously, “much less the GCFR”, which
is the highest honour in the land.
Falana, however, said the ex-CJN
did not refer to any section of the National Honours Act or any other law that
has been violated by the president.
“With profound respect to the
Honourable Justice Alfa Belgore, the National Honours Act has not prohibited or
restricted the powers of the president to confer national honours on deserving
Nigerian citizens, dead or alive.
“No doubt, paragraph 2 of the
Honours Warrant made pursuant to the National Honours Act provides that ‘a
person shall be appointed to a particular rank of an order when he receives
from the president in person, at an investiture held for the purpose…’ But
paragraph 3 thereof has given the president the unqualified discretion ‘to
dispense with the requirement of paragraph 2 in such manner as may be specified
in the direction.’
“Therefore, since the national
awards conferred on Chief Abiola and Chief Fawehinmi cannot be received by them
in person the president may permit their family members to receive same on
their behalf.”
Falana also addressed the
legality of the June 12 holiday declared by the president, which has been
argued to be illegal on the grounds that the approval of the national assembly
was not sought and obtained.
He said, “Furthermore, section 2
(1) of the Public Holidays Act stipulates that in addition to the holidays
mentioned in the schedule to the act, the president may appoint a special day
to be kept as a public holiday either throughout Nigeria or in any part
thereof. It is crystal clear that the president is not required by law to seek
and obtain the approval of the national assembly before declaring a public
holiday in the country.”
He concluded that in view of the
combined effect of the National Honours Act and the Public Holidays Act, the
legal validity of the well deserved awards and the historic holiday has not been
impugned in any manner whatsoever.
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