When creating Nigeria, Almighty God must have had in mind a replica of the United States of Africa. Here is a country (United States) not necessarily at war with itself everyday, but can hardly record a day in its history without national and indeed, national controversy. Murders in major cities are now a daily routine, giving way to massacre. Raging argument over interpretation of ambiguous sections of the Constitution? State and Federal Supreme Courts remain active as final arbiters.

Fun? Self help to assert anti-abortion stand? The position in America is that virtually, there is no life without some controversy. Imagine a man, who survived attempted suicide at a railway station only to turn round claiming millions of dollars from the rail authorities, both for his injuries and alleged failure of the mass transport company to secure the station against any suicide bid. And he won. In short, where there is no controversy, some cranky American will create one.

Nigerians seem to have an identical reputation, even though in our case, we laugh at ourselves except in the run-up to the civil war when, rather foolishly, on both sides, we went over. Otherwise, so many times, national arguments have always generated so much tension only to dramatically subside.
A good example is the current row over President Umaru Yar’Adua’s poor health and the demand for his exit even if temporarily, to allow his more stable lieutenant, Goodluck Jonathan. The certainty now is that in a way, Yar’Adua, even if upset at the initial stages of the controversy over his health, must by now be amusing himself with the ups and downs of evolution of sensitive sections of the Nigerian Constitution which now focuses on his person.

May God continue to give Nigeria level-headed, reasonable and ambitious men and women as leaders. Vice President Goodluck Jonathan, Senate President, David Mark, and House of Representatives Speaker, Dimeji Bankole, have remained unruffled, as they should be, despite demands they should sack President Yar’Adua and that Jonathan should unilaterally invoke section 145 of Constitution.

History is almost repeating itself. In December 1964, Prime Minister Tafawa Balewa was not ill, but the federal election conducted by his government generated much controversy and was hotly disputed on such scale that ceremonial President Nnamdi Azikiwe initially refused to invite Balewa to form a new government.
As usual, the hawks called on President Azikiwe to dismiss Balewa and assume executive authority in emergency over the federation. But Zik’s Legal Adviser, Dan Ibekwe, made it clear to him, he (Zik) had no such constitutional authority. Critics similarly thumbed down Zik as a coward.

In the present controversy, Jonathan, Mark and Bankole are the latest “cowards” as the Nigerian Bar Association claims.
To prove they are not cowards, what could Jonathan, Mark and Bankole have done? Critics (probably still) expect them to invoke section 145 of the Constitution to get rid of Yar’Adua and substitute Jonathan. Is it as simple as that?

First, section 145 of Constitution is the easiest to be understood and interpreted (perhaps technically) by lawyers. According to the section, “whenever the President transmits (repeat, whenever the President transmits) to the President of the Senate and the Speaker of House of Representatives, a written declaration (repeat, 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.”
It is therefore, clear that neither the Federal Executive Council nor National Assembly can activate or invoke section 145 of the Constitution in our present circumstances. Any bad step by Senate President Mark, Vice President Jonathan and Speaker Bankole will not only generate bad blood between the three on one part and President Yar’Adua on the other.

Either by accident or by design, President Yar’Adua, before proceeding abroad for medical treatment, never transmitted his circumstances in a written declaration to the National Assembly functionaries concerned. In which case, any attempt to invoke section 145 will be openly challenged by Yar’Adua successfully or Senate President Mark or Speaker Bankole will be asked to produce Yar’Adua’s written declaration that he is unable to continue discharging his duties as President of the Federal Republic of Nigeria.

Can it even go as far as that before being rejected? Section 145 cannot be operated without section 144 which mainly provides that the President or Vice President shall cease to hold office if “by a resolution passed by two thirds majority of all members of the Federal Executive Council of the Federation, it is declared that the “President… is incapable of discharging the functions of his office…. etc. How will Vice President Jonathan attract two-thirds support on this score? And once he fails, bitter recriminations will follow, while another set of Nigerians will now crucify him (Jonathan) as a victim of disloyalty and inordinate ambition. His impeachment will follow and nothing will happen. In fact, before the deed, tens of his fellow South-Southerners would have embarked on strong lobby to replace him.

With all these prospects, the only man who can activate section 145 of the Constitution today is President Yar’Adua himself with the constitutional requirement of a written declaration to the National Assembly that he can no longer discharge his duties. Otherwise, nobody can remove Yar’Adua from office.
There is this controversy that in fact, Yar’Adua wrote to the effect that he was travelling abroad, to enable Vice President Jonathan act for him and that the National Assembly Liason Officer, Senator Abaji blocked the letter. Abaji denied, but the newspaper stood by its report. Should the storty be true, Senator Abaji’s influence with Yar’Adua can only be stronger in that Yar’Adua will now regard Abaji as his saving grace.

Sections 144(1-5) and 145 of the Constitution were well-intended for avoiding a vacuum but as everything Nigerian, the pursuit for the invocation of these sections has now generated unnecessary ethnic mistrust if not animosity.
President Yar’Adua on his part should endeavour to comply with the constitutional requirements for his trips abroad, in the future. This is not to say that there is a big deal in his failure to declare in a written documentation to the National Assembly, anytime he travels outside Nigeria, unless, as we say in this part of the country, there is something behind the controversy. For eight years, nobody ever bothered if Olusegun Obasanjo declared to the National Assembly he was travelling abroad or if Obasanjo ever allowed Vice President Atiku Abubakar to act as President of the Federal Republic of Nigeria.

Or throughout Obasanjo’s various trips abroad, were sections 144 and 145 suspended? Why were there no clamour for transfer of powers to the Acting President of the Federal Republic of Nigeria?
Yes, (the then) Vice President Abubakar never complained. But has Vice President Jonathan complained? If he has not, why push him to rock the boat? Why was Atiku Abubakar not pushed to invoke section 145 (throughout Obasanjo’s trips abroad) and assume office unilaterally as Acting President?
Ideally, demands of our Constitution should be met as and when necessary. But then, Yar’Adua is just a fortnight away from the country even if for medical treatment. Last time, military President Ibrahim Babangida was away to France also for medical treatment for 30 days. There was no Acting President and Nigeria operated.

Factually but conveniently, Fidel Castro of Cuba has been cited as an example where he handed power temporarily. Before handing over power, Castro was for many months in hospital for medical treatment, though admittedly, he remained in Cuba for his treatment. But then, who was his acting president and later substantive president? Fidel Castro’s younger brother, Raul, estwhile Defence Minister. Raul Castro also emerged Defence Minister after Fidel Castro executed his fellow reolutionary Defence Minister, General Ochoa, for alleged drug offences.

By the way, on the face of it, this controversy is being wrongly zeroed in on Yar’Adua’s continued stay in office as President of the Federal Republic of Nigeria. Is he so much loved by his PDP men? Not necessarily. The PDP people are more concerned with their party’s hold on governance. That is why whether at the Federal Executive Council or the National Assembly, there can never be the constitutional requirement of two-thirds majority to (temporarily) remove Yar’Adua. Whatever anybody’s post or office in this government, continued PDP’s control of the government is their priority.

It is therefore, an illusion calling for or expecting any action on Yar’Adua’s continued stay in office. The party is not in the mood to risk a political or constitutional crisis.
This, of course, may be disturbing that PDP for selfish reasons, may not allow the Constitution to operate. Such posture is purely idealistic. Which political party anywhere in the world would risk, for whatever reasons, being thrown out of political power? Where, however, Yar’Adua is to be removed from office, that will be a unanimous decision of the PDP which even then, will still be made uneasy by ethnic/religious interests.

And no matter how deserving it may be for the PDP to be thrown out of power at the federal level, the party’s image was inadvertently enhanced last week by the very people demanding Yar’Adua’s exit. That is, after throwing the man and his party out of office, there should be credible alternatives.
Even while still trying to exit Yar’Adua (probably along with his party) their opponents/critics could not exhibit an ordinary requirement for holders of public office – honour and integrity.
Nigerians woke up last week to read the news of supposedly Yar’Adua out of office. Quite legitimate tactics in politics. But then, it appeared they either had no political base or did not consider themselves strong enough politically. The result was outright fraud by including names of people without their consent or by misleading them on the purpose of the document containing the demand for Yar’Adua’s dismissal.

How did the name of a former chairman of PDP, Audu Ogbe, get on that list? Law teacher Itsey Sagay was even misled about the purpose of their statement althouth he (Sagay) should have helped matters by identifying the man who lied to him. Former Senate President Nnamani told a similar story. From the list of over 50, we would never know how many of them were actually consulted to demand Yar’Adua’s dismissal.
And if on the way to the government, those demanding Yar’Adua’s sack could engage in fraud by cooking up figures, what should Nigerians expect when these people replace the PDP? No difference.

And while the row over Yar’Adua’s continued stay rages, the Independent National Electoral Commission (INEC) is trying to sneak one on Nigerians. At first instance, the impression may be that eventually, Maurice Iwu, INEC boss, has broken with PDP, at least in Anambra State.
During the week, INEC announced it was setting up a monitoring group for the state’s governorship race in 2010. Some improvement, may be. But, in these matter, Anambra State is not ordinary and should not ideally be the place for INEC to refurbish its image. INEC had the opportunity for such self-improvement last time at Ekiti State, but fumbled it.
What then is so special to INEC in the Anambra race next year? The controversy in the PDP on the imposition of ex-Central Bank governor Chukwuma Soludo as PDP’s candidate which portends an easy win for whoever is the party’s candidate. Litigations and counter-litigations in court now threaten Soludo’s candidacy to such an extent that INEC said it was obeying the last order that Soludo should stop (at least for now) parading himself as the PDP candidate for the election.

INEC’s stand is a matter of convenience. Let’s face it, somebody must get another somebody a top public job. This time, Iwu, ever gaffe-prone, angrily sniped at Soludo’s nomination by saying if a political party could not put its house in order by ordinarily complying with democratic requirement, such a party should not blame INEC.
The major loser in PPD’s imposition of Soludo as its candidate for Anambra governorship race was Andy Uba, widely-known to have got Iwu the INEC job. Uba himself must be unlucky with the total loss of all his various efforts to become Anambra State governor.
It seems Iwu has now reached the stage of allowing everybody to fight for himself, at least in Anambra. The purpose of INEC’s monitoring group in that state is to wash Maurice Iwu’s hands clean that a possible PDP defeat in that race was the people’s verdict confirmed by the monitoring group.