Presidential Research & Communications Unit

OF ETTEH AND YAR’ADUA: BETWEEN CONVENIENCE AND CONVICTION
Press Statement By Olusegun Adeniyi, Special Adviser to the President (Communications)

In his contribution to the Melbourne University Rule of Law Series in November 2001, former Australian Chief Justice, Mr. Murray Gleeson argued that as an idea of government, “the essence of the rule of law is that all authority is subject to, and constrained by, law. The opposing idea is of a state of affairs in which the will of an individual or a group is the governing force in a society”.

That thesis by Gleeson reiterates the conviction of President Umaru Musa Yar’Adua that while the position he has taken concerning the crisis in the House of Representatives may not appeal to some critics, it is the only way to demonstrate his avowed commitment to promoting democracy anchored on due process, rule of law and separation of powers.

Today, Nigerians are resolved that democracy remains the only route to national restoration. Nigerians are also resolved on the need to vigorously tackle corruption in the public arena. President Yar’Adua shares these two convictions which represent the pillar of his policy thrusts.

Unfortunately, these are the ideals some critics ask the President to jettison to satisfy expediency rather than principle while circumventing due process and the rule of law by appropriating to himself powers he does not legally possess.

In seeking a short-cut route to resolving the crisis in the House of Representatives, the President, according to some critics, should demand the resignation of Speaker Patricia Etteh. His refusal to heed this call has therefore led to all kinds of name calling and unfair comments, some indeed bordering on blackmail.

The benefit of hindsight, especially with regards to recent experience, should teach that executive interference in the internal affairs of other arms of government (be it legislature or judiciary) is antithetical to the promotion of democracy anchored on the rule of law, no matter the seeming short-term advantage.

People forget that we had a similar situation in the past when, following a crisis which also bordered on allegations of corruption and abuse of office in the legislative arm, the then President, in a national broadcast, told the world that certain members of the National Assembly took bribes.

Now, of the two former House of Representatives members publicly indicted in that unfortunate episode, one is a Governor and the other a Senator. Instructively, neither of them was even indicted in the report compiled by the same government before the April elections, raising questions about the propriety of executive intervention on an issue that is better internally resolved by the legislature or at best adjudicated upon by the judiciary.

President Yar’Adua has sworn to act within the law at all times and in all circumstances; while at the same time respecting the integrity of the judiciary and the legislature.

As it is becoming very clear, the judiciary has risen up to the challenge of their independence in the current enabling environment and the President believes the same can happen with the legislature if only members will live up to the burden of their enormous responsibility.

The argument of people calling on the President to directly intervene is that the crisis in the House of Representatives is capable of derailing our democracy. On the contrary, the crisis can, and indeed should, act as a catalyst to propel the honest and genuine interactions that will not only ensure its resolution but in turn help deepen our democracy.

The hope of the President, and that of well-meaning Nigerians, is that the good people in the House of Representatives - from both sides of the debate – will rise beyond partisan narrow interests, and using their own rules and internal process, resolve this crisis in the national interest.

The danger, however, is that if these good members do not muster the requisite courage and strength of character that times like this demand, the essence of the moment will be lost. However, if they all care about the future of their institution and the people they represent, they will rise to the occasion by resolving the logjam without any recourse to illegality or external intervention.

The importance of the rule of law, which has become an article of faith for President Yar’Adua, and adhering strictly to the principle of separation of powers, lies partly in the arbitrary powers it denies to individuals and the discipline it imposes on all and sundry.

It will therefore amount to a negation of the values he believes in for the President to demand the resignation of the Speaker as some people want him to do.

Olusegun Adeniyi
October 24, 2007