Constitutional breaches: Atiku writes US, UK, EU over Onnoghen, Dasuki, Zakzaky
*Alhaji Atiku Abubakar
(Nigeria) Peoples Democratic Party, PDP, Presidential Candidate, Alhaji Atiku Abubakar, has written the United States of America, USA, United Kingdom and European Union, over the persistent breaches of the constitution and court orders by President Muhammadu Buhari.
(Nigeria) Peoples Democratic Party, PDP, Presidential Candidate, Alhaji Atiku Abubakar, has written the United States of America, USA, United Kingdom and European Union, over the persistent breaches of the constitution and court orders by President Muhammadu Buhari.
Atiku in the letter, said “I have chosen to write this
letter to Your Excellency for the enviable role that your country plays as
champion of Democracy and the Rule of Law. I am also writing you as Nigeria’s
international development partner working together to deepen and strengthen our
democracy as well as to help in the transformation of our economies and
societies for the better.
“President Buhari is threatening our democracy by serially
breaching the provisions of our constitution and undermining organs and
institutions of State in order to advance his personal interest. While the
President has ironically taken oath to safeguard and defend the Constitution of
the Federal Republic of Nigeria, the reality of his selective and wanton
violations of its provisions means that his oath is observed only in the
breach.
“And as Your Excellency very much knows, respect for the
rule of law is integral to promoting and preserving the values and principles
of democracy. Sadly, however, by the actions of the government of President Buhari,
one is forced to think otherwise.
“As a Presidential Candidate in the forthcoming General
Elections that will be conducted and supervised by the Government of President Buhari,
I feel the urgent need to share with you some of these key violations of the
provisions of our constitution and to demand that you pile pressure on the
Federal Government to desist from these violations and ensure a level playing
field for the General Elections that are only a couple of weeks away. We
acknowledge with profound appreciation the positions taken by some members of
the International Community in Nigeria and urge Your Excellency to add your
country’s very strong voice against these breaches of Nigeria’s constitution.
Your Voice is very important to the survival of Nigeria’s democracy.
“Some of these constitutional infractions are highlighted
below for your information and action as you may deem appropriate.1. The
Purported Suspension of CJN Onnoghen. On
Friday, January 25, 2019, our nation woke up to the shocking news of the
unilateral and extra-constitutional suspension of the Chief Justice of Nigeria,
Justice Walter Onnoghen and the immediate appointment and swearing in of
Justice Tanko Muhammad, as the new acting Chief Justice of Nigeria, CJN. This
action of President Buhari, not only breaches the Nigerian Constitution, but
has also managed to undermine Presidential democracy by assaulting one of its
hallowed doctrines of separation of Powers. For the records, Justice Onnoghen
is the head of one of the Tripartite but mutually independent organs that form
the government of the Federal Republic of Nigeria. To attempt to muscle out the
Chief Justice of Nigeria using phony charges at a time when His Lordship was
primed to play a central role in the fast approaching nationwide electoral
process represents the boldest steps in the march to undermine our democracy.
This is undoubtedly an anti-democratic act which my political Party and I
reject without reservation and for which I urge Your Excellency to condemn
unequivocally.
“Need I say, this brazen authoritarian and imperious stride
of President Buhari is the latest action in a series of carefully planned
onslaught on our nation’s hard earned democracy by an extremely power hungry
and anxious President and the cabal that feeds fat around him as February 16,
2019 draws nearer.
“The fact that the unlawful suspension of Chief Justice
Walter Onnoghen was announced just as it became public knowledge that the CJN
was constituting the election petition tribunals is not lost on discerning
Nigerians and the international community. This act of desperation is geared
towards affecting the outcome of the 2019 Presidential elections. Indeed, it is
not just the CJN that has been "suspended", it is the Nigerian
Constitution that has been infracted and, in effect, suspended, under the guise
of the suspension of the CJN.
“The case involving the legality or otherwise of the charges
against Chief Justice Walter Onnoghen is in court, as it should be. So far, the
judiciary has ruled in Justice Onnoghen’s favour.. So, why not allow the court
to adjudicate on the matter? What is the pressing urgency about this matter?
“Let me therefore take the opportunity of this letter to
urge your country and all well-meaning members of the International community
to mount pressure on this government and all its anti-democracy functionaries
know that their actions will have consequences. Strong consequences.
"2. The illegal
purchase of the Tucano Aircrafts: President
Buhari sometime in April 2018 approved the purchase of Tucano Aircrafts for the
Nigerian Military at the sum of $496 million (Four Hundred and Ninety-Six
Million United States Dollars). This, he did, without seeking prior approval of
the National Assembly contrary to Section 80 (3) and (4) of the 1999
Constitution (as amended) which states very clearly, how the President can
spend monies belonging to the Federation. It provides: “(3) No money shall be
withdrawn from the Consolidated Revenue Fund or any other public fund of the
Federation, except in the manner prescribed by the National Assembly.”
“(4) No monies shall be withdrawn from the Consolidated
Revenue Fund or any other public fund of the Federation, except in the manner
prescribed by the National Assembly”
3. Disregard for Orders of Courts: The Buhari administration
has serially violated court orders, going against the rule of law especially in
three known cases. a. Col. Sambo Dasuki
(Former National Security Adviser): Various courts have granted Col. Dasuki
bail on at least six different occasions; the Buhari led government has
persistently refused to comply with the court orders.
* Federal High Court in Abuja presided by Justice Adeniyi
Ademola in 2015 ordered the release of Col. Dasuki’s passport and granted him
permission to travel abroad for three weeks on medical grounds. Despite the
order made on November 3, the Department of State Security Services, SSS
refused to release Col. Dasuki.
* Again, the former NSA and four others were granted bail on
December 18, 2015 on a similar condition with a N250 million bond by Justice
Hussein-Baba Yusuf.
*Similarly, the former NSA; a former Minister of State for
Finance, Bashir Yuguda; former Sokoto Governor, Attahiru Bafarawa; and three
others were granted bail by Justice Peter Affen on December 21, 2015 by the
Federal Capital Territory High Court in the sum of N250 million each and two
sureties in like sum. The Federal Government cherry-picked the order whilst
disobeying the part that concerned the former NSA.
*The ECOWAS Court presided by Honorable Justice F.C. Nwoke
on October 4 2016 granted the former NSA bail and ordered the Nigerian
Government to pay N15 Million to the defendant as damages for his “illegal and
arbitrary detention”.
* On 17 January 2018, a Federal High Court sitting in Abuja
reaffirmed previous court orders granting Col. Dasuki bail.
*Also on April 6, 2018 the Abuja Division of the Federal
High Court affirmed, for the umpteenth time, its decision for the release of
Col. Dasuki.
*b. Ibraheem
El-Zakzaky, Leader of a Shiite Group, IMN: Sheikh El-Zakzaky has been in
detention without trial for over 3years after his followers were massacred in
broad daylight; his wife and family killed and his home burnt, in a gory and
shameful show of brute force by the Nigerian Army. This particular state
violence is nothing short of genocide.
* On December 2, 2016
the Abuja Division of the Federal High Court Presided by Justice Kolawole
ordered the release of Sheikh El-Zakzaky and berated the Nigerian government
for violating his rights.
"4. The approval of $1
billion for military expenditure before approaching the National Assembly:
The Nigerian government through the National Economic
Council NEC, again in contravention of Section 80 (3) and (4) of the 1999
Constitution (as amended), granted approval for the release of $1 billion from
the Excess Crude Account, ECA, for the procurement of military hardware and
other equipment to fight insecurity in the country, ahead of the 2019 General
Elections without recourse to the National Assembly. Mansur Dan-Ali, Nigeria's
Defense Minister disclosed this at the end of security chiefs meeting with
President Buhari at the Presidential Villa, Abuja, on Wednesday,
April 4, 2018. By this act, the Federal Government acted contrary to the
provisions of the Section 80 (3) and (4) of the 1999 Constitution, which
states:
“(3) No monies shall be withdrawn from any public fund of
the Federation, other than the Consolidated Revenue Fund of the Federation,
unless the issue of those moneys has been authorized by an Act of the National
Assembly.
"5. Executive Order
No. 006 (On Preservation of Suspicious Assets and Related Schedules):
The enactment of the controversial Executive Order No. 006
as an Executive legislation which permits security agencies to freeze the
assets of persons standing trial or undergoing investigation without recourse
to court orders. This is a usurpation of legislative and judicial powers of the
National Assembly and the judiciary as enshrined respectively under sections 4
and 6 of the Constitution of the Federal Republic of Nigeria and reminiscent of
the military era of decrees.
"The above, and many
more that did not make it into this very short letter, are the unfortunate
actions of the Government of a man who merely pays lip service to being a
reformed democrat.
General Elections are upon us yet again. I urge you to
partner with Nigerians to defend our constitution and play an active role in
building our country. The choices facing all of us is either to stand aside and
watch Nigerians reelect a President who has been in constant violation of the
laws of the land without remorse; or to support them show him the way out and
elect a true democrat. We must send a clear message that the Nigerian Nation is
bigger than any individual.
"Even if Nigerians opted not to elect me as President, the
incumbent must go into the polls on his own record of lack of respect for the
Rule of Law and not on the spurious perception of his “Integrity”. We need to
set precedence for successive leaders not to take democratic mandate for
granted."
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