Lagos — Last Wednesday's rejection of a motion by the House of Representatives for ailing President Umaru Musa Yar'Adua to comply with Section 145 of the 1999 Constitution was characterised by high-wired intrigues and deft political manoeuvres. Kunle Akogun, who witnessed the session, reports

After much dithering and prevarication, the House of Representatives last Wednesday finally succumbed to national agitation to make its stand known on the ongoing political impasse thrown up by the prolonged absence of President Umaru Musa Yar'Adua without clearly mandating his deputy, Dr Goodluck Jonathan, to act in his stead. The Senate had earlier declared its own stand by unanimously asking the ailing President to comply with Section 145 of the 1999 Constitution by formally notifying it of his absence on medical vacation abroad.

For the first time, the House, in plenary, openly discussed the issue of the President's ill-health that necessitated his absence from the country since the past 80 days or so. It had previously done so in closed sessions probably for fear of exposing what had for long been obvious to keen watchers of its activities since the Yar'Adua health debacle broke out nearly three months ago. It will be recalled that on the first legislative sitting this year, when tension and anxiety were high with public expectation that the National Assembly would make landmark pronouncements on Yar'Adua's failure or refusal to formally invest Vice President Jonathan with the power to act as President in his absence, the House balked.

While the matter was at least discussed openly at the Senate's first plenary in the year, the House promptly dissolved into an executive session and discussed the matter behind closed door. At the end of that closed door session, rather than coming up with an affirmative action on the lingering vacuum at the nation's seat of power, the House announced its plan to send a delegation of its members to Saudi Arabia ostensibly on a solidarity visit to the President.

But at the end of last Wednesday's session, it was obvious that the federal lawmakers merely sought to score a cheap political point by even bringing the matter to open plenary attention: that of merely satisfying all righteousness and to parry the helluva of public anger already mounting against the lower legislative chamber that is increasingly being viewed as an unlistening, uncaring and aloof bunch of supposed representatives of Nigerians.

This much was very clear from the hasty manner in which the debate was conducted with only six members recognised to speak for or against the motion and the rather undemocratic manner in which the rejection of the all-important motion was railroaded through the less than two hours sitting.

The motion, which sought to ask ailing President Yar'Adua to comply with Section 145 of the 1999 Constitution by transmitting, within two weeks, a letter of vacation to the leadership of the National Assembly to enable the Vice President to step in as acting president, is in tune with the one earlier passed by the Senate about two weeks ago. It was sponsored by an ANPP member from Bauchi State, Hon. Muhammed Sanni Abdul.

Even before the day's sitting commenced around 2.40 pm, tension was so thick around the legislative chamber that it could be felt. Series of caucus meetings were held by the various camps as well as the House leadership. Indeed, the various caucus meetings were a carry-over of the political horse-trading that followed an alleged abortive move the previous day by some House members to initiate impeachment proceedings against President Yar'Adua. That Tuesday's session was hurriedly adjourned by House Speaker, Hon Dimeji Bankole, barely one hour into the sitting.

But last Wednesday, two distinct groups could easily be identified as the lawmakers trickled into the Green Chamber from their various pre-sitting caucus meetings. The first group is composed of the Pro-constitution lawmakers that are rooting for Yar'Adua's compliance with Section 145 of the 1999 Constitution, while the second group is made up of the Pro-status quo lawmakers that believe Vice President Jonathan is already discharging presidential duties in the absence of Yar'Adua and so the former does not require any special conferment of the "acting president" status.

The first real indication of the brewing tension between the two opposing camps came when the House members started moving into the chambers in groups of twos and threes. Their heated arguments could be heard at the gallery. And when the speaker led the usual opening prayer before taking his seat, their "Aameen!" by the legislators was obviously "pregnant" with intrigues.

Although it was not on the day's Order Paper, the motion that eventually formed the day's entire legislative business, came up as a point of order raised by Hon Muhammed Sanni Abdul (ANPP, Bauchi).

Hon Abdul was a little diplomatic in broaching his motion, as he initially hid under an earlier resolution of the House to send a delegation to visit Yar'Adua in Saudi Arabia. This was a subtle kicker to the lawmaker's real intent and it worked fine. Coming under a point of order, Abdul rose and reminded his colleagues that almost one month after they raised an ad-hoc committee to visit Yar'Adua in Saudi Arabia, nothing was heard of the matter ever since, as the House was yet to be told why the delegation had not gone to Riyadh.

On this, Speaker Bankole sought explanation from the leader of the delegation, Hon Baba Shehu Agaie. In his response, Agaie, who is also the deputy majority leader, blamed the delay in the delegation's trip on lateness in securing visas for the committee members. He however said they only got the visas the previous day, adding that the delegation was ready to take off as soon as funds were made available. The speaker again asked the Clerk of the House what was delaying the funds for the trip to which he said the funds were ready.

Apparently satisfied with the explanation over the delay in the delegation's trip to Saudi Arabia, but not yet done with his mission, Hon Abdul raised another point of order and he was again recognised.

He then told his colleagues to stop pretending that they were oblivious of what he called "the serious power vacuum currently existing in the country" as a result of Mr President's prolong absence from duty.

But before he could go on, two hands were up calling the House to order. Hon Ike Chinwo (PDP, Rivers) raised a point of order that any issue already discussed by the House cannot be revisited. But the Speaker ruled him out of order and called on Abdul to continue.

However, before Abdul could continue, another member, Hon Emmanuel Jime (PDP, Benue) interjected with another point of order. Again, Bankole ruled Jime out of order, saying "We don't want a situation where anybody will feel that he was not given an opportunity to be heard". The speaker then waived all rules of the House to allow Abdul present his motion while advising any member who have anything against the motion to raise their opposition only when it has been presented.

He then urged Abdul to go ahead with his motion, which was seconded by Hon Anas Adamu. Presenting the motion entitled "Motion urging Mr President to transmit to the National Assembly, pursuant to Section 145 of the Constitution of the Federal Republic of Nigeria 1999", Abdul noted that President Yar'Adua had been away from the country since November 23, 2009, lamenting that no notice of his absence had been transmitted to the National Assembly.

He observed that all Nigerians, including members of the National Assembly, were praying for the recovery and return of the President but expressed worry that controversies over the leadership of the country were overheating the polity.

The lawmaker said he was aware that majority opinion of Nigerians is that Mr President transmits a letter to the National Assembly as required by Section 145 of the 1999 Constitution. He then urged the House to pass the motion to ask the President to transmit the letter of his medical vacation to the National Assembly within two weeks.

Seconding the motion, Hon Henry Dickson (PDP, Bayelsa) stressed the need for elected officials to always strive "to uphold the constitution we all swore to uphold", adding that "it is therefore very important for the President to follow the rule of the game, follow the best practices in democratic norms and do the simple thing by transmitting the vacation letter to the National Assembly to cool the overheated polity".

He said if an absent permanent secretary is required to delegate his authority to the officer next in rank to him, how much less a president who was elected on the same ticket with the vice president.

He said the fear of the pro-Yar'Adua elements over the fate of the president's mandate if he submits a vacation letter to the National Assembly was unfounded, as whenever he returns, he would simply take his office back as soon as he informs the National Assembly of his return. Abdul said this arrangement is even in the best interest of Mr President as it would afford him the opportunity to properly take care of his health.

Also supporting the motion, Hon Femi Gbajabiamila (AC, Lagos) agreed that there is really a power vacuum in the country, saying "since the past two months that the President has been away, it is true the Vice President, the Senate President and the Speaker of the House of Representatives, the three officials in line of presidential succession, have not set eyes on the president".

He said the motion is not about compelling the President to transmit letter to the National Assembly but it is about asking him to exercise his discretion in the best interest of the country. But Speaker Bankole quickly reminded him of the prayers of the motion, which sought to give the President two weeks to transmit the letter, an ultimatum, which amounts to compulsion.

Continuing, Gbajabiamila pointed out that Vice President Jonathan has no presidential powers, he may have executive powers, saying "even a minister can be delegated executive powers".

"If really Jonathan is in charge, why did we have to fly the 2009 supplementary budget to Saudi Arabia for Mr President's signature; if he is in charge, why were we looking for another person to swear in a new chief justice of the federation?, he asked rhetorically, explaining that there is a world of difference between executive power and presidential power. "What is delegated by Yar'Adua to Jonathan is executive power and not presidential power.

I challenge the Vice President if really he has presidential power he should pick up the phone and call US President Obama to discuss the terrorism case involving our own Umaru Faruq Abdulmutallab. I am sure Obama would not speak with him, at best he could get an audience with Vice President Joe Biden."

Also backing the motion, Hon Idachaba (PDP, Kogi) said the country is presently sitting on a time bomb. He noted, "while we are sympathetic with the President over his sickness, we have to call a spade a spade.

Nobody is above the constitution, so the President should play by the rule." But leading the debate against the motion, Hon Abdul Ningi (ANPP, Bauchi) drew the attention of his colleagues to the issue of jurisdiction. "We must know our jurisdiction, we must know our limitations under the separation of power currently in operation in the country", he said, adding, "we cannot give what we do not have, we cannot usurp other people's powers, we cannot compel Mr, President to transmit a letter on his medical vacation to the National Assembly."

Advising that the matter be referred to the executive arm of government based on the principle of separation of powers, "as Section 145 deals with transmission of letter by the Executive arm to the Legislature (the National Assembly". He said he didn't have any problem if the Vice President becomes the President, "but we just have to follow the constitution", adding "right now, there is no constitutional vacuum in the presidency".

Also speaking against the motion, Hon Mohammed Ali Ndume said since the Vice President is a member of the Federal Executive Council (FEC) that recently came up with a resolution that Yar'Adua is still fit to perform his duties, why should anybody continue to hanker on the transmission of any vacation letter by the President?

Another member who spoke against the motion was Hon Aminu Tambuwal who observed that most of the agitations for the President to transmit a letter came before the pronouncement of Justice Daniel Abutu of the Federal High Court, Abuja on the NBA suit. Admitting that it is true that there are concerns in the country over the President's illness, he said "it is not true that there is a vacuum in the presidency, as Vice President Jonathan is competently in charge".

He said if the court judgment had come before the signing of the supplementary budget, "I assure you Vice President Jonathan would have signed it. And I assure you that if the 2010 Appropriation Bill is passed before the President returns, Jonathan will sign it".

Tambuwal then added a poser, "even if we pass the motion that the President should transmit the letter and he refuses to comply, what will the House do?"

Amidst the murmurings and rustlings instigated by Tambuwal's poser, the speaker put the question to voice vote, a master stroke that apparently caught the supporters of the motion unawares and off-guard. Before members realised that the Speaker had called on those in support of the motion to say "Aye", he had called on those against it to say "Nay", to which a resounding response of Nays" reverberated through the four corners of the chamber. And pronto, the gavel fell, and an obviously satisfied speaker promptly ruled, "the Nays have it!"

And so the matter was rested but not before a mild but deadly drama took place. A House member from Imo State, Hon Independent Ogunewe, who struggled to speak against the motion but was not recognised by the Speaker before the voice vote, suddenly started chasing another member from Kano State, Hon Ado Dogo. It was gathered that the drama ensued as Dogo was said to have jokingly told Ogunewe, who stood up before the end of the debate even when not recognised by the Speaker and made furtive attempts to speak, that he should be careful not to attract another suspension from the House for unruly behaviour. This rude joke, a sad reminder, was not palatable to Ogunewe, who was suspended last year over attempt to fight one of his colleagues.

Swimming Against the Tide?

But most observers within and outside the legislature thought the implication of the rejection of the motion could be very grave for the lower house and its leadership. While a House member, Hon. Jayeola Ajatta (AC, Lagos) said it was unfortunate that the House would choose to swim against the tide of public opinion, an Abuja lawyer insisted that the legislators merely jettisoned constitutionalism and personal integrity for political expediency. Another lawmaker, however, believed what he called "the Obasanjo factor" clearly played a crucial role in the direction of the debate and ultimate fate of the motion.

Speaking with THISDAY immediately after the decisive session, Hon Ajatta lamented the manner the motion was thrown out without allowing for a thorough and exhaustive debate on it. He said, "whereas more time and more contributors were usually allowed for debates on issues of lesser consequences to the polity and the general welfare of Nigerians, it is regrettable that a motion as crucial as one that seeks to end the lingering power vacuum in the country, that is capable of moving the country forward would be allowed less than two hours and only six contributions before being hurriedly decided upon. It is regrettable".

Predetermined Outcome?

He said there was absolutely no need to rush the debate on the motion as the Speaker tended to do, adding that many members were willing to contribute to the debate but were not given the opportunity to express themselves in a move that suggested that the House leadership already knew where it was going and only working towards a predetermined outcome. Ajatta said this was obvious from the conduct of Mr Speaker when the motion was put to voice vote. "Many members were not aware of the call for the "Ayes" vote before the call for the "Nayes" before the Speaker promptly hit his gavel to give it to the "Nays".

Obasanjo Factor

But another legislator believed there is much to the rejection of the motion than meets the cursory eye. The lawmaker, who craved anonymity "for strategic reasons", specifically fingered the recent outburst of former President Olusegun Obasanjo on the ailing President as "one sure issue that swayed the direction of the debate on Hon Abdul's motion in favour of the pro-status quo legislators". According to him, it was a sort of "sympathy vote", as the Obasanjo statement at the Daily Trust Dialogue unwittingly swelled the Yar'Adua support base in the House and depleted the ranks of the pro-constitution lawmakers that were initially in the majority.

He said, "many representatives who had earlier cast their lot for upholding of constitutionalism in the extant Yar'Adua's health debacle promptly changed camp as soon as Obasanjo made his infamous declaration that Yar'Adua should resign for Vice President Jonathan to step in". The lawmaker from the South-south said, "for these honourable members, it was not difficult to imagine Obasanjo's design for a Jonathan presidency, even in acting capacity".

Amending Section 145

However, in an apparent face-saving move last Thursday, the following legislative session, the House set in motion machineries to amend the contentious Section 145 of the constitution, which is believed to be full of loopholes that have invariably thrown up the on-going constitutional crisis in the country. The proposed amendment coming in form of a bill sponsored by Hon Suleiman Kawu (ANPP, Kano) and 33 others, seeks to set a time frame within which a President or governor must notify the National Assembly of leave of absence to enable his vice or deputy to assume and discharge the functions of their principals during the latter's absence or temporary incapacity. The amendment, if carried, will make it mandatory for the Vice President or governor to assume the position of acting president or acting governor and discharge the functions of their principals after 21 days of the continuous absence of the latter.

If that provision had been so clearly couched in the current constitution, the nation would have been spared the needless political impasse it is currently passing through and which has substantially slowed down, if not paralysed the business of governance these past 80 something days of President Yar'Adua's medical trip to Saudi Arabia.