The visit of the Presidential Media Team to Abuja House
in London on Saturday, August 12, 2017 is
Instructive. It confirmed the existence of the “PMB
Presidential Personality Cult (PMB-PPC) [a.k.a
The Cabal]”! The circulated footage of the visit showing
the interactions of the incumbent President
Muhammadu Buhari with Hon. Minister Lai Mohammed, Special
Adviser Femi Adesina and Shehu
Garba, Hon. Abike Dabiri-Erewa with Laureta underscore
the point that hitherto the cabal might have been responsible for the
sociopolitical management and media spins adopted by them without proper
authorization from PMB. Femi Adesina’s following-up interview performance and
featuring on Channels TV program Politics Today anchored by Seun Okinbaloye has
further reinforced the existence of a Cabal being in-charge. Thus, it is clear
that the Cabal is responsible for the dynamics of directing all issues
pertaining to the now controversial handling of PMB’s health challenges and medical
leave by The Presidency and the ruling All Progressives Council (APC). The
Cabal adopted style, orientation, approach and methodology have continued to
generate wide range of commentaries, controversies and recently protest
marches, if not clampdown on those considered belligerent by security and law
enforcement.
The protracted absence of PMB from Nigeria on Medical
Leave has become epochal in nature! PMB within a lunar calendar year has now
spent over 160days outside the shores of the country the citizenry elected him
to govern! On a given stretch he is the first serving President of any country globally
that has spent over 100days and still counting away from office on medical
leave with all attendant perquisites of office with attendant costs. This is the
first time any Vice-President worldwide would be serving in the capacity of
Acting President for and clocking 100days in office at any given stretch. This
is even as an incumbent President has continued to breach the Constitution he
swore to protect and defend. The breaching of the legal and policy frameworks
by PMB, ironically or advisedly, are best interrogated or discussed within the
notion of political correctness. Hence, the
Cabal has recruited and manipulated major stakeholders in
publicly declaring there are no breaches while they privately muse on the
breaches.
Meanwhile, the “push and pull factors” in public domain
are indicative of high-level and cobweb-wired conspiratorial politicking and
communication strategy, terse, opaque information management and intrigues
associated with the health status of PMB, the 2015 elected and sworn-in
President of the Federal Republic of Nigeria. The current dynamics inherently
exhibit elements of well-articulated and choreographed domestic and
international conspiracies that the “PMB Presidential Personality
Cult (PMB-PPC)”, The Cabal, largely coordinates. In other
words, as it is today, in Nigeria we actually are dealing with layers of thick
webs of conspiracies involving individuals, groups, governments, multinationals
and others. Thus, proving Professor George Obiozor right again, in his
asserting that politics is series of successive conspiracies in which the last
outwits others before it.
GOAL
The goal of this article is to contribute to the
strengthening and deepening of our democratic ethos and practice through the
neutral, objective and unbiased correlation of ALL Nigerian legal and policy
frameworks in the correct interpretation of any constitutional provisions
without political prejudices.
MOTIVATION
The motivation for this full-blown article emanates from
the desire to document for posterity the seeming alternate view(s) that may
currently be contrary to the politically correct views on the subject matter.
That is, in contribution towards a political paradigm shift, the appropriate
review and/or recodification of extant legal and policy frameworks on the subject
matter. This motivational clarification has become necessary after my statement
on determining the health status of President M. Buhari dated Monday, June 26,
2017 that some media platforms (online and print) published. The deliberate
efforts made by individuals to share the piece vide their various social media
platforms remain instructive.
Since then, I have deliberately refrained from public
commentary on the subject matter for the following reasons:
1. Avoid getting involved in the politicization of the
discourse;
2. Observe the reactions, disposition and commentary of
politico-legal actors, the APC led FGN and international community;
3. Digest and manage the feedbacks and politically
motivated warnings I received;
4. Note the selective compliance and highlight other administrative
procedures requiring attention and future compliance; and
5. Allow for the expiration of three months after the
commencement of the medical leave.
More importantly, I was interested in testing a
particular hypothesis to confirm its applicability or otherwise. The hypothesis
is the Luggard Continuous Administration Scheme or Proposal. Sir F. Luggard
requested running Nigeria six months from Europe and six months in (Africa)
Nigeria.
Thus, I have been desirous to determine or correlate the
linkages of contemporary Nigerian political history with the scheme. This is
mindful that presidential aides, political associates and their politico- legal
accomplices subscribe to the administration of Nigeria from anywhere under
Presidents Yaradua and Buhari. It is equally to ascertain the choice of London,
United Kingdom in the case of latter as opposed to Saudi Arabia under the
former.
The final motivation has to do with contextualizing the
published comments on the position of the
Senate of the Federal Republic of Nigeria as to the
probability or otherwise of PMB breaching the
Constitution or any known law. The interest herein is
underscoring that the Senate may have supported unwittingly the application of
the principle of “impares sub lege” whereas they should have adopted “pari sub
lege” pertaining to the 1999 Constitution (as amended) which they swore to uphold
and defend in this matter. If true, the Senate and the politico-legal
luminaries have now fully colluded with the Cabal to declare PMB “unus supra
legem”. In other words, the notion of political correctness has to do with
subverting the Constitution. Therefore, the question is “Non opus constitutionis?”
LESSON LEARNED FROM PUBLISHED PRESS STATEMENT
From the published statement on the health status of PMB
dated June 26, 2017 I have learned why
Myles Monroe, of blessed memory, in a sermon I once
watched noted that the ‘richest place on earth is the cemetery because of many
unfulfilled dreams; ideas, notions and principles that could improve the lot of
mankind are buried!’
This quote, equally credited to Les Brown, reads fully
thus:
The graveyard is the richest place on earth, because it
is here that you will find all the hopes and dreams that were never fulfilled,
the books that were never written, the songs that were never sung, the
inventions that were never shared, the cures that were never discovered, all because
someone was too afraid to take the first step, keep with the problem, or
determined to carry out their dream.
The Nigerian cemetery today has the remains of men (male
and female) buried as envisioned authors of articles and books never written.
They include proponents, who out of fear kept quiet; experienced failure of
trying due to poor enabling environment; and/or because contrary forces silenced
them out rightly... Interrogating national issues in Nigeria fall into this
spectrum. Ordinarily, the easy way out after some of my encounters would be
hibernating or keeping my perspectives on sensitive national issues restricted.
At best, share ideas within few circuits because I do not have “thick elephant
skin” to absorb the shocks of the negative vituperations that are often devoid
of deep intellectual reflections that are not politically correct.
Equally, I have come to terms with realizing that in such
seeming exclusive circuits are ‘self-seeking, self-aggrandizing and political
patronage seeking’ individuals. Their stock-in-trade is taking sound bites or
bylines from patriotic folks like me to go secure political appointments and/or
make money.
The most annoying is that some are old men who are part
of the elite structure. They are achievers of some sort and are not doing badly
for their age and stage in life. Therefore, I am compelled to ask myself to
what purpose are they advertising for, seeking the gain or what legacy do they
intend to leave behind; additionally, after the pecuniary gain or plump appointment
what next. Maybe they are the class of Nigerians the Ag. President was
referring to when he claimed some are making alternate contributions because of
job seeking. I weep for my beloved country.
As for me, I have never been involved in partisan
politics. I therefore find it difficult to cope with the misconceptions or
misperceptions that end up labeling patriotic contributions as being
politically partisan or laden with nepotism. Equally, I find it difficult
seeking to be “politically correct” because of filthy lucre. Truth remains
truth - declaring it as such for now and posterity my watchword.
Let it be clear that my contribution, as a patriotic
Nigerian, is a commitment to strengthening and deepening our nascent democracy.
The expressed alternate positions has benefited from utilizing the principles
of “Appreciative Inquiry” reflective of thinking outside the box in the face of
men who are seeking political correctness. It is being mindful of the need to
set the records straight and communicate using relevant normative underpinning
and framing to interrogate Nigerian discourses within theoretical and
empirically researched perspectives; articulating our views within legal and policy
dimensions without prejudice even as we project into the Nigerian political
space.
CONTEXTUALIZING PMB HEALTH STATUS
Unfortunately, many commentaries and reactions concerning
the Health Status of the incumbent
Nigerian President, Muhammadu Buhari GCFR, do not reflect
structured perspectives. They are predominantly emotional, sentimental and
political in orientation. We have equally observed that serious minded analysts
and commentators interested in highlighting deep issues are hardly able to bring
unto the fore some salient facts because of limited space and time when given
an opportunity, if ever.
In setting the tone for contextualizing the PMB Health
Status, the following assumptions are clear:
a. The man PMB is a mortal born of woman that is subject
to natural human frailties.
b. PMB has had the best of patriotic opportunities for
social mobility, successful career life of
public service to Nigeria; first as a military officer rising to the
enviable rank of General. He served the country as military Head of State
December 31, 1983 – August 27, 1985. The positive impact of his role as
Chairman, Petroleum Trust Fund abound.
c. PMB is personally committed to rule of law. His
sojourn as a converted democrat until now had contributed immensely to the
observance of rule of law; pursuing the legal option and contributing to
election jurisprudence in Nigeria by seeking redress for challenged presidential
elections in 2003, 2007 and 2011.
Regarding assumption (a), the Nigerian administrative and
governance structural systems supported by existing legal and policy frameworks
consciously, in recognition of the mortality of public officers, in the spirit
of the essence of government being “the welfare and security” of citizens, have
adequate provisions for the health and medical wellbeing of public officers. In
the case of the President, it has provided for the employment of a retinue of
medical personnel under the leadership of the Chief
Physician to the President.
Assumption (b) provides us an opportunity to attest that
PMB is hardworking and worthy of his attained profile of integrity. The third
assumption (c) supported by the high index of legal practitioners in the
Executive Council of the Federation with him attest to the personal commitment to
the strict observance of rule of law! The choice of picking consecutively legal
practitioners as running mates indicates that he would always seek to operate
within legality. Any aberration to this perception, in my view, is the
handiwork of the members of the PMB-PPC, the Cabal!
The Cabal is complicating issues. They are, allegedly,
behind some of the myriad of issues concurrently besieging, if not
overwhelming, the Nigerian-state in what some analysts have tagged
“Statecraft Psychological Operations”. This is to the
extent that that any patriotic individual seeking to objectively interrogate
and/or engage any discussion(s) pertaining to the Health Status of PMB as a
serving President of the Federal Republic of Nigeria may end up unwittingly in
the web of other contending issues.
However, the seeming scratching of the surface by
stakeholders and analysts, because of political correctness, have continued to
embolden the Cabal with attendant negative consequences on our polity, the
effective sustenance of the country as a united entity and the deepening of
Nigeria’s nascent democracy, if she does survive.
The role of the Cabal rather than support the incumbent,
President Buhari, it is fast diminishing him in peoples’ perception within the
country (contrary to the ongoing stage-managed pro-Buhari protests and
campaigns by them) and at the international level the CNN and BBC have started broadcasting
materials questioning and challenging the integrity of the quintessential
general.
In this article, by focusing on some obscure legal and
policy frameworks with which patriots can mirror or reflect on the subject of
determining of the health status of a serving President,
Commander-in-Chief in Nigeria; it is hoped that
discussions and engagement of attendant issues shall translate to putting
Nigeria first!
President Buhari left Nigeria in January 2017 it was
initially for a 10-days’ Vacation. To the naïve, there was no big deal
converting the vacation to Medical Leave since there were statutory correspondences
that duly informed the National Assembly, which is, further pursuant of Section
145 of the 1999 Constitution, as amended. The scoping of the responsibilities
and schedules of the Vice-
President, Professor Yemi Osinbajo GCON, as Acting
President then (January 19 – March 10, 2017) led to the reinvigoration of the
PMB led administration. As such, the absence of PMB did not adversely affect
the effectiveness and efficiency of governance services delivery. The
occupation of national political spaces by the Acting President, according to
some media commentaries, social and conventional was the best thing that have
happened to the PMB administration.
The media narratives and spins concerning the status of
the president’s health during January 19 –
March 10, 2017 period is not of my concern in this
article other than to use it to underscore that the
Cabal learnt some feedback lessons. They did! They are
very smart and witty! However, they can never outsmart patriotic Nigerians who
stick to the sociopolitical, legal and policy frameworks. The
All Progressive Congress (APC) led Federal Government of
Nigeria remains the first government that has chosen to operate with the
highest levels of “Prescriptive Programming Agenda”. The choices of having many
legal luminaries in the Cabinet and enlisting of the support of hitherto active
civil society and prodemocracy actors (individuals and groups) have helped them
significantly.
They (APC and PMB) have succeeded in outwitting and/or
surpassing President Ibrahim B.
Babangida’s famed “Maradonian styled leadership of the
Machiavellian School”. The PMB Presidency
IBB Presidency have displayed unique capacities of
engaging multiple scholars, professionals and civil society actors in the
development of “collaborative antitheses for synthetic maneuvering” of schema
that favors global concerns, the multiple Nigerian elites with an aura of
populism even though there may be negative consequences on the larger populace.
The number of professors and ex-this, ex-that that are functioning around and
for the system, the reported existence of strategic media consulting teams and
a number of social media intervention centers and actors further attests to
this fact. There equally exist strong linkages with the international community
because of the seeming subscription to globalists’ ideals and strong desires of
seeking to please the international community – who equally must manage the
Nigerian House of Cards from catastrophic falling with multidimensional
regional and global consequences. This is not to mention the pool of legal luminaries
assigned for special interests litigations.
It is now over one hundred days since PMB left the shores
of Nigeria, May 7 or thereabout, purportedly for the United Kingdom (UK) on
Medical Leave. That is, after he returned to Nigeria only in March after seven
weeks’ treatment in the same UK. Before his May departure, PMB operated from
the residence, and skipped several cabinet meetings or delegated others to handle
the few public engagements, that is, as reported in the media.
The current will be his fourth stay for medical treatment
in the UK since he assumed office in 2015. It is noteworthy that contrary to
the media spins during his January – March 2017 absence, the fragile- looking
President Muhammadu Buhari told the nation he had never felt “so sick”, but was
gradually recovering. Until now, there have been no official statements concerning
the status, nature and character of his health. This disturbing trend has made
the media and commentators to label his health challenge “mysterious illness”,
“a health saga” or sarcastically as “hale and hearty” in tandem with the
statements from public officials.
The health challenges of PMB have sapped his presidency
of strength and direction into the second half of the APC led administration’s
first term. Whereas, when he returned to Abuja from London in
March this year, as a confidence building measure he
reaffirmed his confidence and willingness to allow the statutory Vice-President
to continue in acting capacity stating that there was “no cause for worry” and
that the country was safely in the hands of Prof. Yemi Osinbajo GCON. Within
first two days, members of the PMB-PPC moderated his position and commenced
full-blown Cabal conspiratorial rule to the extent that they organized
syndicated “private audiences” for some highly placed public officials who only
emerged after a while, about an hour, to brief the media of their interactions
with the President, Commander-in-Chief. Some of these officers included the
Governor of the Central Bank of Nigeria, Mr. Godwin Emiefule and the Chief of
Defence Staff, General Olonisakin. Amongst others were other Service Chiefs,
Director-General of State Security
Services...the truth of what transpired in reality will
remain shrouded in utmost secrecy because these are public officials bound by
and with the “highest levels” the oaths of state secrecy!
The reign of the Cabal, have their imprimatur come upon
PMB’s presidential correspondences to the
NASS when departing in May. It contained a strange
phrase, which noted that the Vice-President will “coordinate” the nation’s
affairs while he is abroad for medical treatment. Senator Mao Ohabunwa, a
Peoples’ Democratic Party representing Abia North, raised objections on the
choice of language and the use of the phrase “coordinator” of the nation’s
affairs. The presiding officer of the Senate,
Dr. Bukola Saraki, successfully ruled Senator Mao
Ohabunwa out of order because of the quick intervention by a constitutional
citation from the Senate Leader, Ahmed Lawan i.e. Section 145 of the
1999 Constitution that says:
Whenever the President transmits to the President of the
Senate and the Speaker of the
House of Representatives a written declaration that he is
proceeding on vacation or that he is otherwise unable to discharge the
functions of his office, until he transmits to them a written declaration to
the contrary such functions shall be discharged by the Vice-President as Acting
President.
According to an investigative journalistic report from
Sahara Reporters:
President Buhari’s Chief of Staff, Abba Kyari, has been
named as the architect of the president’s controversial letter to the National
Assembly informing legislators that Vice
President Yemi Osinbajo was to be the “coordinator” of
government activities during Mr. Buhari’s latest trip to Britain to undergo
urgent medical care. The phrasing of the letter, a departure from President
Buhari’s previous ones where Mr. Osinbajo was explicitly named
“Acting President,” has generated widespread discussion
and a measure of political tension within Nigeria.
Several high-ranking sources at the Presidency confirmed
to Sahara Reporters that the decision to use the phrase, “the Vice President
will coordinate the activities of the
Government,” instead of expressing what the Constitution
stipulates, that the Vice President becomes “Acting President” with the
transmission of the letter, was singularly taken by Mr. Kyari.
Our Presidency sources added that they were not even
certain that Mr. Abba Kyari bothered to seek the opinion of the Attorney
General, Abubakar Malami, before drafting the much-discussed memo to the
National Assembly. However, the sources said President Buhari had in the past
insisted that the Attorney General should at all times be informed about such important
constitutional communication between him and the National Assembly.
One source said Mr. Buhari was irate on learning about
the political fallout from the ill-motivated decision to alter the usual
content of his letter to the National Assembly. “Abba Kyari has some
explanation to make to the President who was completely taken by surprise, “said
one source. The source asserted that the President signed the letter on Sunday,
after a quick glance, with the understanding that the letter was couched the
same way as the previous letter he signed when he went on an extended medical
leave last January. “I can assure you that he never knew of the ridiculous
insertion of the word ‘coordinating’ in his letter,” said the source.
Our intention herein is not to dabble into the veracity
of the claims by Sahara Reporters or otherwise. The rationale of quoting
extensively from the report is to underscore that this same medium has hitherto
been a veritable source of credible information from the APC led Presidency. It
is a further confirmation that the PMB-PPC exists and may be having cracks as
equally evidenced by the suspension of Engineer Babachir David Lawal as
Secretary to the Government of the Federation may. The inability of some of
close members of the cult to access PMB before his May departure is equally of
relevance to any patriot.
ADMINISTRATIVE ISSUES EMANATING FROM COMPLIANCE WITH
SECTION 145 OF 1999
CONSTITUTION
The fact that PMB, pursuant to Section 145 of the 1999
Constitution (as amended) transmitted letters to the NASS in order to translate
the incumbent Vice-President into Acting President is not in doubt. However,
within the prevailing extant administrative rules of procedures there are consequential
responsibilities. They include that of formal Handing Over. The President
proceeding on leave must prepare formal Handing over Notes in triplicate. The
responsibility entails the preparation of two versions, that is, the Open and
Secret. The President and Vice-President would keep a set of each and the third
under strict confidential cover of need-to-know, lodged with the Senate
President as the Chairman of NASS, the Legislature, statutorily empowered with
oversight responsibilities on the Executive.
Query: Do we have any formal handing over notes in place
covering the two periods of January -
March and May till date? In March, upon PMB’s return, did
the President and Vice-President Comply with the extant administrative
procedures of formal handing over? If the handing over notes existed, we wonder
about the delays experienced in swearing in of Senate cleared Ministers or the
Resident
Electoral Commissioners (RECs). The delayed deployment of
these appointees equally begs for a clarification on the existence of the
handing over notes.
Other issues that have continued to crop up since the
commencement of PMB’s Medical Leave with consequences under extant
administrative procedures, legal and policy frameworks include:
a. Tenure of Acting Appointment
The Nigerian Public Service system recognizes acting
appointments as procedural opportunity made only to fill the posts that are
temporarily vacant for a defined (limited) duration. The intention is not to
use it as a means of testing the suitability of officers for promotion. It must
have clear commencement and terminal/cessation dates. Concerning the President,
that is why the commencement date starts with the receipt and reading on the floor
of NASS the letter pursuant to Section 145. The NASS statutorily must cause the
letter to be published in the appropriate records of the legislature – the
order paper and records of proceedings and mansard. The cessation date
envisaged by the 1999 Constitution for Acting
Presidency as per Section 146 (2) is three (3) months.
This provision serves us with an insight that the spirit that guided the
letters of the law as crafted by the legal draughtsman did set a limitation as
per the principle of predetermined cessation period for acting as President of the
Federal Republic of Nigeria. Technically, therefore, even though the stated
terminal date only envisaged that the only protracted time the Office of the
President would experience such a dilemma was if both the President and
Vice-President were both not available for any reason and it is the President
of Senate that would occupy as Acting President. It is our humble submission
that the position of the legal and policy frameworks, ordinarily without any
political motif, is that none should serve in acting capacity beyond 90days. As
such, by the Cabal’s deliberate “evertentes lege” we already have in place “aut
anilis inducatur ac principiis legis” of Section 146 (2) that probably would
have led to exploring the viability of holding a replacement election since the
Cabal appears uninterested in having the Vice-
President become a substantive President.
b. Medical Board and Disclosure of Ailment
Within the confines of the Public Service Rules a Medical
Board reviewing of any public officer’s case is not negative in orientation as
partisan political actors are quick to construe from Section 144 of the 1999
Constitution (as amended). A medical board as designed is an objective way of
ensuring that no public servant is subjectively relieved of his/her appointment.
It is strictly for obligatory disclosure of status. We must remember that
Section
15(2) of the Constitution clearly prohibits
discrimination on grounds of “status” – including health status. Hence, the
Health Policy, the HIV/AIDs Policy amongst others stipulate that no
Nigerian should experience discrimination because of health
status. Thus, the task of a medical board is not to achieve a discriminatory
outcome. It is primarily to help the Nigerian- state provide the obligatory
responsibility of “security and welfare (as) the primary purpose of
government...towards the individual for continued participation in government”.
See Section 14(2)(b)and (c). This is because “the sanctity of the human person
shall be recognized and human dignity shall be maintained and enhanced” since
“governmental acts shall be humane”; particularly by ensuring that “conditions
of work are just and humane (with) the health, safety and welfare of all
persons in employment are safeguarded or abused”.
Furthermore, the Nigerian-state shall ensure the
existence of “adequate medical and health facilities for all persons”. See
Section 17(2)(b),(c) and (3)(b),(c) and (d).
The consequential query from this administrative legal
and policy framework has more to do with the determination of the existence of
adequate medical and health facilities for all persons if Mr. President does
not have in the country! May we therefore implore the
Ministers in the Health Ministry and the NASS Committees
on Health to do the needful? I refuse to join in the controversy of the
budgetary allocations to the State House Clinic that has not met the needs of
the principal officer of the State House system, PMB.
c. Phone Conversation as Valid Official Communication
The poorly managed media spins of “purported or alleged”
phone conversations with PMB created more controversies and tensions than
allaying the fears of Nigerians, particularly the pundits. As a matter of fact,
and in order to set the records straight, we submit that telephone
conversations are valid means of official communication recognized by administrative
procedures of the Federal Government of Nigeria. The legal and policy frameworks
only stipulates that (i) correct notes of telephone conversations shall be
kept; and (ii) records of phone communications kept in the appropriate Logs and
Files. Implicitly, we hope that the concerned officers are doing their due
diligence in this regards in both the
State House Complex (Villa) and the Abuja House in London.
We want to assume that the concerned public officers prepared appropriate Memos
sequel to the phone conversations referencing the specific Log Identification
(LogId). The officers that will need to come clean on this framework include
the Presidential Media Team. The State Chief of Protocol (SCoP), the Aide de
Camp (ADC), Chief Security Officer (CSO) and the Personal Assistants in Abuja
House, London should take note. d. Chief Physician to the
President and Records Keeping
The duties of this officer apart from being responsible
for coordinating teams of experts in providing medical care and access to
healthcare facilities for his principal the president include ensuring adequate
records keeping and issuing of appropriate medical certificates and bulletins
on the authorized treatments received by any Mr. President being served. It is hoped
that the serving Chief Physician has all his records intact because of the need
to submit his stewardship accountability reports to the Chief of Staff to the
President, if he has not been doing so periodically.
We can only extrapolate that previous Chief Physicians to
Heads of State and Presidents in
Nigeria may have denied the Nigerian-state an opportunity
to learn from the wealth of experiences acquired in the management of previous
heads of state and presidents, if there is no protocol for presidential medical
care or library of records on their tenures. For example, restricting ourselves
to the Chief Physicians, that served Generals Murtala Mohammed and Sani Abacha
and/or President Yaradua who died in office. Did they generate? Reports to
appropriate authorities? Did they face Peer Review Boards and/or Closed?
Investigation Panels to reflect upon the circumstances of
the medical conditions and death of their principals in office? The reports
from such should have served as veritable sources of materials to develop
robustly effective Standard Operating Procedures for caring for any serving
President in Nigeria.
The Nigerian Medical Association (NMA) and the regulatory
entity Nigerian Medical and
Dental Council (NMDC) have roles to play in contributing
to our having in place effective and efficient healthcare services for the
President of Nigeria in country. We implore the Chief
Physician convoke a forum to review or develop required
instruments for the effective performance of the statutory responsibilities of
catering for the medical needs of any serving
Mr. President. The forum should include all his living
predecessors, in collaboration with the
Chief of Staff to the President, Office of National
Security Adviser, the State House Clinic, the
NMA and NMDC
e. Retention of Presidential Aircraft in London
We assume that the Commander of the Presidential Air
Fleet has satisfactory justification, authorization and approvals for keeping a
national security asset such as the principal presidential plane out the way we
have had it so far. While it is acknowledged that the
United Kingdom is a very strong ally of Nigeria, in this
days of global terrorism we hope that the arranged security cover for the
aircraft where parked is adequate and under round the clock close watch by
Nigerian and British security officials.
f. Duty Tour Reports and Feedbacks by Accompanying
Officers
The prevailing administrative procedures stipulate that
all officers who have accompanied the President be bound to submit reports
periodically. I hope that they are. The detailed report upon the return of Mr.
President should help the Chief of Staff to the President and Secretary to the
Government of the Federation in the preparation of appropriate reviews to existing
frameworks in handling and caring for any President. Some of these officers by
the requirements of the principal agencies or services they belong may comply
with additional extant rules and regulations of reporting and feedbacks.
g. Visitation Reports by Public Officers
The prevailing administrative procedures stipulate that
all public officers who have had course to travel at the expense of the Federal
Government of Nigeria to London to visit PMB should submit reports to
appropriate authorities. I do hope that they have been doing upon return to
Nigeria. For example, the Acting President should have done his to the NASS;
the
State Governors and Ministers should have to the Acting
President and the Secretary to the
Government of the Federation. Democracy is all about
stewardship accountability.
POLITICIZING PMB’s HEALTH STATUS
The politicized medical profiling of General Muhammadu
Buhari came to the fore as part of the highly tensed electioneering campaigns
ahead of the 2015 Presidential Elections. The campaign structures of some APC
presidential aspirants fired the first set of salvos in Q3 of 2014 under the guise
of questioning his age as a septuagenarian. The PDP later escalated the
discourse and it became an issue of national significance. Thus, after being
sworn-in as the President, Commander-in-
Chief on May 29, 2015 as a mere mortal, PMB started
spotting noticeable medical challenges; the health status of the retired
General became a subject of high-stake politicking concern predominantly
because of the observed attitudinal disposition of some presidential aides’
vis-à-vis the politics of constitutional succession. Thus, the availability or
otherwise of the PMB in the office and at public events became sources of
suspicion and concerns. Thus, explaining the nature and character of partisan
politics that have to date emanated from within the Presidency and in all
extra-
Presidency relations with NASS and the Judiciary. The
relational dynamics spot ethno-religious coloration because of the envisaged
and probable constitutional succession; contributing to the political tensions
in the country.
To the discerning, it is clear that the “PMB Presidential
Personality Cult (PMB-PPC)”, a.k.a. cabal, took pains studying the
constitutional provisions on presidential succession and prepared strategic plus
tactical plans on how to mitigate the losses that may emanate from the
ill-health, probable medical incapacitation or death of PMB. They (members of
the PMB-PPC) have stuck to the strict implementation of their plans with
proactive programmatic management styles with robust monitoring and evaluation
(M&E) components and viable responses feedback management.
According to the observers using this framework of
analysis we can appreciate that the pendulum of political actions and inactions
swing at the dictates or in reaction to the manipulations of the PMB-PPC!
Let us look at some of the components of the strategic
and tactical plans of the PMB-PPC. They include but not limited to:
Lopsided
appointments: political offices, military, security and law enforcement
agencies
Deliberate
mismanagement of the Nomadic Herdsmen Security Concerns
Displeasure at the
emergence of Senator Bukola Saraki as President of the Senate of the
Federal Republic
Blocking of the
emergence of Honorable Femi Gbajabiamila as Speaker of the House of
Representatives
Clampdown on the
Judiciary
Macabre dance on the appointment and confirmation of ACP
Ibrahim Magu as Chairman of
EFCC
Sensationalized
media prosecution of the anticorruption crusade
Delayed
swearing-in of Senate confirmed Ministerial nominees
Exclusion of two
Senate confirmed nominees for the vacant Resident Electoral
Commissioners (RECs) slots
There are more, like the “Osbornegate” leading to the
suspension of Ambassador Ayo Oke as the
Director-General of the National Intelligence Agency.
Another being that of “Grasscuttergate” that culminated in the suspension of
Engineer Babachir David Lawal as the Secretary to the Government of the
Federation.
I will leave these issues for now to concentrate on the
sociopolitical dynamics that have some form of direct relevance to succession
politics. I will equally not dabble into interrogating the widely reported Mina
Meeting of three Nigerians of international repute and domestic political net
worth in the Nigerian project that on social media Nigerians and commentators
call the “Board of the Nigerian Project”, the “Landlords of Nigeria” and the “Facilitators
or Undertakers of Nigeria”. Equally, they are the Doyen, Prefects and Provosts
of the Class of 66. They are Generals Olusegun Obasanjo,
Ibrahim B. Babangida and Abdulsalam Abubakar all with the
national honors of Grand Commander of the Federal Republic. The fact that they
met is instructive. The fact that two wedding ceremonies took place in Mina and
Kaduna with the interlocutors of the Nigerian project about the early days of the
departure of PMB for this fourth round of medical tourism remains instructively
relevant. The media revelations that some members of the Class of 66 and their
national and international interlocutors/collaborators are already shopping and
proposing some individuals remain instructive.
PMB-PPC POLITICS OF COMPROMISING CONSTITUTIONAL
SUCCESSION
The preemptive forward thinking and actions in the cabal
politics of the PMB-PPC compromising of constitutional succession started even
before the administration had settled down. It is that of the travails of
Senator (Dr.) Bukola Saraki before the Code of Conduct Tribunal, according to a
school of thought in political circles, has correlations with elements of the
cabal politics surrounding the health status of PMB.
The school of thought is convinced that Senator Bukola
Saraki became a target because of his constitutional role as President of the
Senate of the Federal Republic. Whereas, most political actors will hardly
acknowledge publicly that they have discerned as much for fears of incurring
the wrath of the cabal surrounding the presidency. They insinuate this position
because of what they perceive as the probable existence of a scheme to activate
Section 146 (2) of the Constitution. That is, the provision allowing that “the
President of the Senate shall hold the Office of the President for a period not
more than three months, during which there shall be an election of a new
President who shall hold office for the unexpired term of office of the last
holder of the office”. When asked about
Section 146 (1) that has clearly provided for the
Vice-President of the Federal Republic to assume the role of constitutional
President since they came into government on a joint ticket the reactions had always
been anything is possible in Nigeria. The options that easily come out include
(i) the Class of
66 Option – another military intervention; (ii) Compelled
(or activated) Resignation of the incumbent
Vice-President; and (iii) the Kidnap or Political
Abduction of incumbent Vice-President.
The case for Option (i) became highly probable Q1 and Q2
of 2017 with “suspicious” military deployments, diverse military operations
commenced Q3 of 2016 and some redeployments or postings within the armed
forces. Thus, when the Chief of Army Staff and some other top military commanders
started debunking and allaying fears concerning the probability of a coup
occurring many just felt it was a confirmation that there was no smoke without
a fire. Especially when the statement from General Buratai was specific in
cautioning political actors from approaching the military for acts of political
maneuvers. The caveat emptor expressed by the international community, stating
oppositions against any military intervention in Nigerian governance and
political systems further confirmed the high probability of the scenario
playing out.
The disclosures in Mallam Nasir El-Rufai’s Accidental
Public Servant and Pastor Tunde Bakare’s interview on YouTube concerning the
dynamics around the latter’s candidature as the Vice-
Presidential Candidate with PMB for the 2011 Presidential
Election on the platform of CPC indicates the probability of and likely
existence of the instruments for Option (ii). Political Analysts have continued
to insinuate that the existence of the instrument for this option explains some
actions and inactions, political gaffe comments even in the face of syndicated
political attacks to diminish the authority of the incumbent Vice-President,
Professor Yemi Osinbajo. The last Presidential correspondence by PMB to the
NASS by PMB before his publicized departure for further treatment on highpoint
of the speculations in this regard.
What many Nigerians, political actors, media operators,
commentators and analysts failed to realize was that the APC / PMB
Corpsocrators succeeded in implementing a program and acting a script! The script
was within the legal and policy frameworks. PMB returned into Nigeria on the
49th day after the Medical Leave commenced in order to avoid the applications
of relevant extant rules and regulations. The current political developments in
the country, particularly the ejection notice by Arewa Youths is another in the
series of the PMB led FGN’s predictive programming.
Furthermore, the series of meetings by the Acting
President Yemi Osinbajo with Elders, Religious and
Traditional Leaders from the various geopolitical groups
are valid components of the script playing out. The now scheduled meeting of
the Acting President with ALL the Governors of the Federation is still part of
the desire and resolve to comply with the provisions of the relevant extant
rules and regulations, terse, the 1999 Constitution of the Federal Republic of
Nigeria, as amended. The meeting with the thirty-six Governors will coincide
with the need to consult on the application, not just applicability, of
relevant policy frameworks on the absence of an incumbent President beyond the
days stipulated for Medical Leave.
What are the relevant extant rules and regulations under
reference here? What is the significance of the rules pertaining to Medical Leaves
in the determination of a President’s Health Status? I intend to address these
queries in the following section.
PROCEDURAL DETERMINATION OF PRESIDENTIAL HEALTH STATUS
The discussions with many political actors, scholars,
media practitioners and analysts indicate that there is a dearth of knowledge
and understanding on the existence and weak capacity in connecting the dots
required in the application of existing legal and policy frameworks. The
majority are convinced that the only applicable law is that which is contained
in Section 144 of the 1999
Constitution, as amended. Painfully, there are other
procedural legal and policy frameworks applicable. Herein, I shall concentrate
only on the contents of the PUBLIC SERVICE RULES (2008).
Each time I have raised the relevance of this document
and applicability to the determination of the health status of a President
many, erroneously, often shout me down. Hitherto, I had taken the pains of
keeping quiet waiting for this kind of moment when it will be clear that as a
patriot I know what am talking about.
President Umaru Yaradua in 2008 signed-off for
enforcement, implementation and application the
Public Service Rules, terse, the Administrative Rules of
Procedures that is currently in force. In the
Foreword, he urged “all Public Servants to acquaint
themselves with these Rules and Regulations as well as other extant laws for
effective Public Service administration and to ensure their application in a
manner that would enhance the smooth functioning of the Public Service”. For
the avoidance of doubts, it is published as Federal Republic of Nigeria
Official Gazette No. 57, Abuja - 25th August,
2009 Vol. 96. That is, Government Notice No. 278.
Section 01010 1 emphasizes the applicability of the
document to the President as a Public Officer! In part, it reads thus:
These Public Service Rules apply to all officers except
where they conflict with specific terms approved by the Federal Government and
written into the contract of employment or letters of appointment. In so far as
the holders of the offices of: The President; The Vice
President; Chief Justice of Nigeria; Justices of the
Supreme Court..... And any other similar organs that derive their appointments
from the Constitution of the Federal Republic of
Nigeria are concerned, these Rules apply only to the
extent that they are not inconsistent with the provisions of the Constitution
of the Federal Republic of Nigeria in so far as their conditions of service and
any other law applicable to these officers are concerned.
To all intents and purposes therefore, the Public Service
Rules, contrary to pundits and the socio- politically naïve or legal
novices/mischief-makers, are glaringly applicable to the President of the Federal
Republic of Nigeria. It does not in any way conflict with the Constitution. It
only further reinforces, as procedures precedent, for compliance in activating
the provisions of Section 144 of the Constitution.
Chapter Seven (7) of the PSR treated exhaustively issues
pertaining to the Medicals of all publicOfficers. It provided for procedures,
benefits and sanctions. I have listened to Honorable Minister Lai
Mohammed address the media on the health status of PMB
stating that the cost of medicals incurred by PMB was of no concern to the
country and I laughed, shook my head and wept for Nigeria. On that occasion, he
spoke as if the PSR did not apply to the President. Unless this public official
is deliberately playing to the gallery as someone struggling to keep his
appointment or please the PMB-
PPC then am afraid we have truly lost it! This chapter
explains why the Nigerian-state has had to cover the cost of PMB’s travel,
treatment and upkeep, the deployment of the Presidential Aircraft, personal
aides (security and support) while in the course of medical leave. The chapter
provides the base for catering for the travels of the spouse of the President,
amongst others. I do not intend to concentrate on the disinformation or the
attempt to coerce Nigerians from seeking stewardship accountability in this
article. My concern is strictly on the applicability of the Public Service
Rules in the activation of Constitutional Provision contained in Section 144.
It is my considered opinion that the Nigerian Public
Service Rules, as per appearing before a Medical
Board, is applicable in the determination of the health
status of any Nigerian President or Vice-
President! They are public officers and subjects of the
extant rules and regulations to the extent that such are not in clash with the
provisions of the 1999 Constitution. The applicable rule is procedurally relevant
and applicable and emphatically more beneficial to the person of the incumbent
than the narrow (sanction laden) interpretation of Section 144.
The applicable rule has become necessary because of the
protracted absence of the public servant (officer) concerned! The public
officer has now been away for about one hundred calendar days at a stretch
excluding the fifty-seven during the January – March period. The public officer
during Q1 of
2017 was away for a total of fifty-seven days, ten of
those days was covered by vacation or annual leave (?). At least to the best of
my knowledge, a public officer as a creation of law is subject to the appropriate
laws of the land. That is, cumulatively he is about one hundred and sixty days
away from
Nigeria this year, unless the request of His Lordship,
Sir Fredrick Luggard in the management of
Nigeria by spending half his time in Nigeria and the
other half in London at the Colonial Office has now become applicable!
RELEVANT PUBLIC SERVICE RULES ON MEDICAL LEAVE
In deference to PSR 070301, President Buhari, as a
law-abiding citizen, has thus far complied with
PSR provisions, as a public “officer is ill and unable to
report for duty” and has procedurally “in writing or by any other means of
communication” informed the appropriate authority, the NASS of his “prolonged
absence from duty on ground of illness”. In his last correspondence to the
NASS, he noted that his doctors would determine the duration of his stay on
Medical Leave. This is still in order pending the provision of appropriate
certificates provided for by this rule. We really appreciate and commend
President Buhari; urging him to continue even as we plead with members of the
PMB-PPC to deactivate anything that may discourage his continued compliance.
We equally commend the NASS, which is, the Senate and
House of Representatives, for stabilizing the polity by approving the Medical
Leave pursuant to PSR 070314 as the proper authority and properly designating
and authorizing the Acting President status for Vice-President Osinbajo.
We are however concerned on the interpretation of PSR
070316 –
(i) The maximum aggregate sick leave which can be allowed
an officer, who is not hospitalized, during any period of twelve months shall
be forty-two (42) calendar days.
Where such an officer has been absent from duty on the
ground of ill-health for an aggregate
period in excess of forty-two (42) calendar days within
twelve calendar months, the officer should be made to appear before a Medical
Board with a view to ascertain whether he/she should be invalidated from
service. Any period of absence on ground of ill-health in excess of the
prescribed aggregate will be without pay and will not be reckoned for purpose
of increment for pension.
(ii) An officer who is incapacitated as a result of
injury sustained in the course of his official duties shall be entitled to draw
full emolument until he/she is discharged from sick leave or permanently
invalidated.
President Buhari has now been away from work for longer
that forty-two calendar days at this stretch again. This would be the second
time this year. From a simple logical reading of this rule, as a public
officer, President Buhari is now due for Medical Review by a properly
constituted Medical
Board! That is as provided for in Section 144 (1) (b) and
(4) of the 1999 Constitution as amended.
The interesting twist here is the provision of Section
144 (1) that expects the Executive Council of the
Federation to “by a resolution passed by two-thirds
majority of all members...declare that the
President...is incapable of discharging the functions of
his office”. Such a “declaration is verified, after such medical examination as
may be necessary, by a medical panel established under subsection
(4)”. Meaning “appointed by the President of the Senate”.
Page 14 of 15
I must quickly point out of the existence of PSR 070317
and 070318. The former deals with the situation where the medical board or
healthcare provider as a matter of professional integrity permanently
invalidates a public officer. The latter rule indicates that “Sick leave for a
period up to three months in the first Sick leave instance may be allowed on
the certificate of an approved
HealthCare rules...If at the end of that period the officer
is still hospitalized” the appropriate supervisory authority “must make an
arrangement for him to be examined by a Medical Board with a view to
ascertaining whether he should be invalidated from the service or allowed
further paid sick leave.”
The applicable PSR rules have major posers! They include:
Has the Chief
Personal Physician to the President, who definitely must be a high-ranking member
of the PMB-PPC, submitted any Medical Reports, Certificates as expected by law?
Will the Medical
Team attending to PMB be honorable enough, for professional integrity, to make
the required call should his health condition warrant it?
Will PMB-PPC, the Cabal, their domestic and international
interlocutors allow for the declaration?
LUGGARD CONTINUOUS ADMINISTRATION SCHEME
The genesis of the Presidency notion that a Nigerian
President can function from anywhere in the world, particularly London, United
Kingdom are poor students of the sociopolitical history of Nigeria.
The continued replication of this notion as was the case
during the Yaradua health saga originated from His Lordship, Sir Fredrick
Luggard prelude to the Amalgamation of Nigeria. To some of my close friends
reading this piece am sure they will say there he goes again Nigeria’s current
challenges must be traced back to the politics and dynamics of the Amalgamation.
Yes, the amalgamation for me remains foundational challenge of this country! In
order to avoid misrepresentation, I intend to lift extensively from pages 92 –
93 of John M. Carland’s book The Colonial Office and Nigeria (1898 -
1914). It is available for online reading through this
link https://books.google.com.ng/books?id=lDFEOHnOl-
0C&pg=PA85&lpg=PA85&dq=amalgamation%20of%20nigeria&source=bl&ots=L-
IqPng3Oz&sig=CcFNdHYGJguygz3okpAecKy4fZI&hl=en&sa=X&redir_esc=y#v=onepage&q=amalgamation%20of%20nigeria&f=false
The Luggard Continuous Administration Scheme or proposal
“would require the Governor to spend half of each year working in Africa, the
other half in England. The Governor will be on duty and not on leave while in
England. He would work in the Colonial Office, and have direct access to the
Secretary of State. Wherever he was, the Governor would
be the working head of his colonial administration. Continuity would be
assured. All correspondence with the Secretary of State would be handled by
him; all legislation would be submitted to him, as well as budgets and annual accounts.
He would interview private interest groups and present if they sent a
deputation to the
Secretary of State... The crucial aspect of his plan,
however, was the idea of a Governor doing the work of the permanent officials
at the Colonial Office, and at the same time beyond their supervision. The
officials understandably took exception to this. Ommaney described any attempt to
administer a colony from London as ‘the one rank heresy we all shudder at'.”
The key elements of the Luggard Continuous Scheme are:
Spend half of the year away from Nigeria without any
negative consequences, repercussions or sanctions;
Shall be on duty
and not on leave while in England (United Kingdom);
Shall work in the
Colonial Office and since Nigeria is now independent the Nigerian Mission facility,
The Abuja House, deemed an extension of Nigeria; Wherever he remains the working head of the Nigerian
administration;
Continuity under his watch would be assured;
All
correspondences would be handled by him;
All Legislation would be submitted to him, as well as
budgets and annual accounts;
He would receive
official delegations and hold court; and
At the same time
shall be beyond supervision.
I went to a secondary school in the bush where we used
the bush lantern to read at night and as such not very good at drawing
analogies. I can only expect readers to do their inferences as sincere patriots.
Any sincere patriot can observe that in compliance with
the Luggard Continuous Administration
Scheme President Umaru Musa Yaradua allegedly treated
legislations from NASS, particularly the
Supplementary Budget while hospitalized! Acting
President, Professor of Law and a Senior Advocate of Nigeria, indeed Grand
Commander of the Order of Niger, Oluyemi Oluleke Osinbajo could not sign the
2017 Budget until the PMB-PPC, the Cabal, authorized him. The Cabal informed
Nigerians that the medically challenged and officially on Medical Leave
President Buhari allegedly/purportedly sent a letter to the Honorable Minister
of Budget and National Planning that the Acting President could go ahead to
sign the 2017 Appropriation into law. Senior Special Assistant to the President
on Media,
Garba Shehu disclosed the information that the President
transmitted a letter to the said Minister who interestingly for crying aloud
formerly was a ranking Senator of the Federal Republic and painfully another
Senior Advocate of Nigeria! Are Nigerians so stupid and gullible? Maybe we are after
all.
May I ask in what capacity has PMB has continued from
Abuja House, London? How applicable are the principles of “de facto” and “de
jure”?
CONCLUSION AND WAY FORWARD
From the foregoing, there is the need for The Presidency
and NASS to empanel a Study Group on this subject matter. The proposed study
group should have representatives of the Nigerian Bar Association (NBA),
Nigerian Political Science Association (NPSA) and the Inter-Party Advisory
Council to reflect on the Constitutional provisions pertaining to Constitutional
Presidential Succession, an absentee President and the subject of Presidential
Medical Leave to help encapsulate a framework for engaging similar challenges
in the near future. This way we should have a systematic and structural schema
for integrating existing and relevant of these legal and policy frameworks.
I pray for Divine restoration of health and wish our
beloved President Muhammadu Buhari speedy recovery. I look forward to having
him return to his duty post, even if not as vibrant and resolute, as he was
when GOC3. I have chosen to draw attention to these issues for us to draw
copious lessons from them and wish all Nigerians the very best at times like
this.
Ayokunle FAGBEMI,
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