Why Buhari’s tenure should be extended beyond May 29 – Prof Nwokobia

By KEMI KASUMU

He clarified that the position he holds, which Baba-Ahmed also holds, does not create room for vacuum or Interim National Government as he said President Muhammadu Buhari has constitutional empowerment to continue in office beyond May 29, 2023 until the issues of his successor are resolved.

Professor Chris Nwokobia, Public Affairs Commentator and Member of the Obi-Datti campaign group, has called on the Attorney General of the Federation and Minister of Justice, Mallam Abubakar Malami (SAN), to be guided by the provisions of the Constitution and advise President Muhammadu Buhari appropriately regarding the issue of succession.

He pointed to the Attorney General, Director General of Department of State Service (DSS), Alhaji Yusuf Magaji Bichi, and others to let the President be aware of why he should not leave office until all litigations surrounding who his successor should be are resolved by the Presidential Election Petition Tribunal.

Speaking as guest on an Arise News interview programme, the professor defended Senator Yusuf Datti Baba-Ahmed’s recent statement saying inaugurating Bola Ahmed Tinubu as President on May 29 will mean the end of democracy.

He said it is impossible that a President will be sworn in while litigations surrounding his declaration as “President-Select”, according to his word for addressing the President-elect, are concluded.

He clarified that the position he holds, which Baba-Ahmed also holds, does not create room for vacuum or Interim National Government as he said President Muhammadu Buhari has constitutional empowerment to continue in office beyond May 29, 2023 until the issues of his successor are resolved.

He said in event that the President is tired and cannot continue in office, his Vice President Yemi Osinbajo should take over as President until all provisions of the Constitution are complied with, especially as regards the issue of 25 percent of votes in the Federal Capital Territory.

He spoke in details, saying that, “If you were to land in Abuja, what you see is the ‘Federal Capital Territory’. You do not see, like if you want to land in my home state of Delta, ‘Welcome to Delta State’. You see ‘Welcome to the Federal Capital Territory’.

“The Federal Capital Territory is a unique and distinct territory where the President superintends as it were not only as the President of the Federal Republic of Nigeria but, even if you want to borrow the state structure, the Governor of the Federal Capital Territory.

“The reason we are in court, and I am going to be in court and Nigerians are going to be in court tomorrow is simply to ensure that those who live in Abuja have the President who wins, as provided by the Constitution, 25 percent of votes in Abuja.

“Then number two, our argument is not creating a vacuum because the Constitution of Federal Republic of Nigeria in a Section 125 clearly provides for this kind of situation.

“Until the matter is determined, the subsistent President of the Federal Republic of Nigeria, in this case President Muhammadu Buhari, has the right under the Constitution – there is no vacuum, there is no call for an Interim Government – to remain in power as provided by the Constitution until this substantive matters are determined.

“And that is why I appeal to the Attorney-General and Minister of Justice, Malami, to take note and advise the President properly. If the President is too tired to continue then let the Vice President, Yemi Osinbajo, continue until these matters are determined.

“Let nobody force us into a 29th of May handover. The Constitution does not envisage that. It’s saying that 29th of May, in sub-Section 125 (2), is subject to the provisions of Section 125 (1) and so we need to know whether the President-Select is validly elected as provided by the law.

“And, so, what I am doing today in actual fact is great service to the law as the Constitution, is great service to our democracy. We are saying that the law must be followed simplicitas. The law must be followed and the intention of the draftsman effectively complied with and I am saying here that Nigerians want the President, who is not only popular but the President, that connects with them.

“As I speak to you, you wonder how and where the President-Select got to where he is. Kano, he didn’t win; Abuja he didn’t win; Lagos he didn’t win, Kaduna he didn’t win, Katsina he didn’t win. So, how did he get these votes?” He said.