By Igbini Odafe Emmanuel
SOME Nigerians and groups have, according to media reports, strongly condemned the recent decision of President Muhammadu Buhari to create an Economic Advisory Council to replace the Vice President Osinbajo-led Economic Monitoring Team and redirecting some Federal Government agencies hitherto under the supervision of the vice president to seek his approval.
One would not have bothered reacting to these condemnations because these decisions taken by President Buhari are not unusual and are similar to some decisions taken by other Nigerian presidents before him.
Moreover, these decisions are clearly and rightly within his constitutional powers as the President of Nigeria; but we are constrained to react in order to set the record straight since highly respected Yoruba group, Afenifere and other prominent Nigerians have publicly reacted to it.
Some of them reportedly condemned or insinuate that President Buhari is deliberately embarking on making Vice President Prof. Osinbajo irrelevant, redundant and incapacitated and alleging that it is a Northern agenda against the South-West ahead of the 2023 Presidency.
First, we want to state without any equivocation or sentiments, that by the provisions of the 1999 Nigerian Constitution, as amended, the offices of vice president and deputy governors of Nigeria are redundant, ab initio, and only made slightly relevant by the benevolence of any president of Nigeria or governor of a state who chooses to and to what extent and duration he so chooses.
This has been the case from May 29, 1999, with former President Olusegun Obasanjo and many governors being benevolent to empower their deputies to an extent and for some duration before withdrawing such benevolence for reason best known to them, but which they did within their constitutional powers.
For purposes of setting the records straight on this matter, we here cite some relevant sections of the 1999 Nigerian Constitution, as amended, and NEMA Act. Section 5(1) of the Constitution states: Subject to the provisions of this Constitution, the Executive Powers of the Federation shall be vested in the President (of Nigeria) 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 and ministers of the government of the federation or officers in the public service of the Federation.
Section 130 (1) says: There shall be for the Federation a President and shall be the head of state, the chief executive of the Federation and Commander-in-Chief of the Armed Forces of the Federation; while section 148(1) states that: The President may, in his discretion, assign to the 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.
Part 1 of third Schedule, paragraphs 18 and 19 of 1999 Nigerian Constitution, as amended, also state that there shall be National Economic Council which shall comprise the following members – (a) the Vice-President who shall be the Chairman; the Governor of each State of the Federation; and the Governor of the Central Bank of Nigeria and this Council shall have power to advise the President concerning the economic affairs of the Federation, and in particular on measures necessary for the coordination of the economic planning efforts or economic programmes of the various Governments of the Federation.
From the above-stated provisions of the 1999 Nigerian Constitution, as amended, it is clear and unambiguous that the vice presidents of Nigeria do not have any final commanding or approving authorities over ministries, departments and agencies of government.
In addition, the chairmanship of National Economic Council is merely advisory since the Council’s constitutional mandate is restricted to advising the President of Nigeria; advise that the President is at liberty to reject as we have seen in the cases of some former presidents of Nigeria.
We also want to remind Nigerians that not too long again, former President Goodluck Jonathan made Finance Minister, Dr Okonjo-Iweala, Coordinating Minister and was fully in charge of the Nigerian economy. Also, Obasanjo in his first four years, out of benevolence, delegated so many of his constitutional powers to his Vice President, Atiku Abubakar, which he later withdrew in his second term in order to fully take charge of his responsibilities as President of Nigeria.
Concerning the reported directives by President Buhari to NEMA and other agencies to seek his approvals, we here cite some very relevant sections of the NEMA Act. Section 22 states that: “Subject to the provisions of this Act, the President may give to the Agency directives of a general nature or relating generally to matters of policy with regard to the performance by the Agency of its functions and it shall be the duty of the Agency to comply with the directives”.
Other sections of the Act state that: “The Agency shall not, without the approval of the President, borrow money which exceeds, at any time, the limit set by the President. A member of the Council may be removed by the President if he is satisfied that it is not in the interest of the Agency or the interest of the public that the member continues in office. ‘Member’ means a member of the Council and includes the chairman…”
In conclusion, President Buhari has only continued to decide how he chooses to exercise the executive powers of the Federation vested in him as the President of Nigeria either directly by himself, or through the Vice President, ministers of the Federation or any other officer of the public service of Nigeria.
He has, therefore, not acted unconstitutionally and unusual. When before now he chose to delegate most of his constitutional powers to Vice President Osinbajo, he was not condemned by Afenifere and others. What then is wrong when now he chose to take full charge and discharge his functions directly by himself in order to be held fully accountable by Nigerians?
Vanguard