Wednesday, November 26, 2014

Re: FW: USA Africa Dialogue Series - On this Matter of Party Defections in Nigeria's National and State Assemblies {Re: [Naijaintellects] Chaos at National Assembly: Tambuwal Stopped, David Mark Orders shutdown

Stockholm, 18.20…

Lord Chief Justice Anunoby,

You are extremely judgemental especially when it comes to passing sentence on Hon. Muhammadu Buhari and Hon Aminu Tambuwal but you are brimful to overflowing with praises, love, forgive-ness and tolerance for your good man Goodluck Jonathan and some of the Lootocrats!

Please bear with me (indulge me a wee bit)

("My heart is in the coffin there with Caesar,
And I must pause till it come back to me
.")

I guess that perspective is a matter of background and in this case, I can't help thinking of the assassination of Olof Palme in the heart of Stockholm and of Anna Lindh in NK the Stockholm equivalent of London's Harrods, both of them walking unprotected and without any security detail whatsoever, walking in what was and largely still is our Open Society.  Nowadays, as far as I know, most politicians and indeed Ambassadors such as Israel's Ambassador always have at least one bodyguard - even on the way to the synagogue.

That your last line, "The law is usually not a matter of right and wrong. The law is a matter of the law. ",  transports me back  to a discussion I had with my daughter (a Gold Medalist in Law -University of London) in which she told me, " I love the law!".

 Well, she's not the only one who loves the law, King David sang in Psalm One:

"The praises of a man are that he did not follow the counsel of the wicked, neither did he stand in the way of sinners nor sit in the company of scorn

But his desire is in the law of the Lord, and in His law he meditates day and night."

Consider also, Psalm 119:24 and Psalm 119:92

In my mind (it's merely an act of imagination – what Keats called "negative capability") and invoking this "negative capability" I'm now imaginatively addressing you as the Lord Chief Justice of Lord Lugard's Nigeria, not the post colonial Naija:

Let's call a spade  by its real name Sir: What you are in fact supporting is vindictive politics and the withdrawal of security  for both Governor Chibuike Rotimi Amaechi ( because he fell out with President Goodluck Jonathan - even though he continues  as a governor of the president's home state ) and the withdrawal of the Speaker of Nigeria's National Assembly, the Hon. Aminu Tambuwal ( because he legally  resigned from being a member of  President Goodluck Jonathan's party ) – in both cases what we are seeing is nothing less than punitive measures  being carried out by a very vindictive government which apparently has no regard for the sanctity of the life of these two top Nigerian servants...

Callousness you say is too emotive a word for you to describe the circumstances which you think merit state-funded security/ life guards for the Hon. Aminu Tambuwal being withdrawn.  Since you give me poetic license maybe I should be talking about "You blocks, you stones, and you worse than senseless things"?  In my humble opinion, it is nothing less than another instance of man's inhumanity to his fellow man (as we all witnessed the initial lethargy that characterized Goodluck Jonathan's reaction to the kidnapping of the Chibok girls) it's nothing less than contempt for the value of human life, valuable human life and in this case, we both know that the role of speaker is a very important one in the democratic structure called representative government.

 Here in Sweden, Urban Ahlin, the man who was shadow minister of foreign affairs has now been elected speaker of the Swedish Parliament after the Social Democrats won the last elections, and in Sierra Leone, Sir Henry Lightfoot Boston the then Speaker of the Sierra Leone Parliament (also a lawyer like Hon. Aminu Tambuwal) was appointed Governor-General of the country, shortly after Independence. That's how elevated the position of speaker can be...

 You say that "If a speaker's legal standing as speaker is in dispute as Tambuwal's seems to be presently, the security detail may be lawfully withdrawn" Have a heart Lord Anunoby!  Have a heart for the letter and the spirit of the law!  Let us assume that the matter of whether or not Hon. Aminu Tambuwal is still currently speaker is not yet settled (legally and constitutionally) – since you say it is in dispute.  Then  Hon- Aminu Tambuwal  is in some sort of limbo so to speak, as his position /status has not  yet  been determined – for which reason you think it's perfectly OK  to expose  this valuable  human servant  of the state to danger  by withdrawing all protection for his vulnerable person?

What kind of person could think like that?  

I'm sure that when on pilgrimage abroad Goodluck Jonathan and his entourage praying on the banks of the River Jordan or in the Holy Sepulchre in Jerusalem, are fully concentrated on their prayers, confident of full security being provided for himself and his Nigerian pilgrims. Then how much more so must he not be concerned about security for those who serve parliamentary democracy in his motherland Nigeria?   Otherwise, you have no choice but must agree with Fela that when it comes to democracy in Nigeria, it's mostly a matter of "demo-crazy" and "Crazy demo"

 Lastly, and this is what puzzles me most greatly:  At this late stage of the game, doesn't Goodluck Jonathan want to win the North?  Or does he only hope to do so by smashing the opposition?  I would have thought that the best way of winning would be by winning people's hearts not by withdrawing or neglecting their protection and heartlessly leaving them to fend for themselves.  Just listen to what the Emir of Kano His Eminence Muhammadu Sanusi II and Hon. Atiku AbuBakr have been saying recently, that the people must protect themselves since the government is failing to provide protection. At this stage it looks like a national malady.

Last night I listened to part 12 of this series

And John Armstrong on Civilisation

Hoping that we will soon be supporting the same president...

For us

In Owerri or Dallas,

Sincerely yours,

Cornelius

We Sweden



On Tuesday, 25 November 2014 19:31:03 UTC+1, Anunoby, Ogugua wrote:

CH,

 

The practice in Nigeria is to assign a security detail to the speaker of the house of representatives so long as they are "legally and constitutionally" (your words) in the office of speaker. If a speaker's legal standing as speaker is in dispute as Tambuwal's seems to be presently, the security detail may be lawfully withdrawn. The withdrawal can be challenged in court of course.

It is not for you or I to claim or determine that a speaker's standing as speaker remains lawful in the situation that Tambuwal willfully created knowing fully well that there may be adverse privilege consequences. I would not characterize the decision of the executive arm of government or her agency to withdraw Tambuwal's security detail as an act of "callousness". It is too emotive for me. I respect your right to pick, choose, and use words as you please .

Not that it matters, but Tambuwal has been a Nigerian politician for many years. He should have seen what might come to him before choosing to act as he did. Some state governors have had their security details withdrawn. Governor Amaechi's was. It was okay then. Tambuwal as speaker, was vociferously silent. He was not legally obliged to take a position but it would have been well that he did. Had he done then, he  would be standing on firmer and high moral ground today, as he protests his loss of a speaker's security detail.

It is doubtful that Tambuwal is a principled politician. Given his choices and actions regarding his party affiliation at different times, might it be that Tambuwal is an adventurous, ambitious politician ruled by convenience, expediency, and opportunism? He has contested election as a member of different political parties. It is not clear that he stands for anything other than his personal gain. He seems completely inadvertent to the real consequences  of his choices and actions on his country. All the above I might add, are no reason for him to lose his security detail as speaker if he should not. All must wait however for his legitimacy as speaker to be determined by an appropriate court.  The law is usually not a  matter of right and wrong. The law is a matter of the law.

 

oa

 

 

 

 

From: usaafric...@googlegroups.com [mailto:usaafric...@googlegroups.com] On Behalf Of Cornelius Hamelberg
Sent: Monday, November 24, 2014 8:09 PM
To: usaafric...@googlegroups.com
Subject: Re: FW: USA Africa Dialogue Series - On this Matter of Party Defections in Nigeria's National and State Assemblies {Re: [Naijaintellects] Chaos at National Assembly: Tambuwal Stopped, David Mark Orders shutdown

 

Lord Anunoby,

I'm expecting a robust rejoinder from you Sir and not a mere  à la Lakunle something about "misunderstood by you/ and your race of savages, I rise above taunts/ and remain unruffled"

In this savage day and age of terrorism in Nigeria it is a sad day to see whoever it is that's  in charge of protecting life and property, withdrawing the security detail that should be protecting the life of the  Speaker of Nigeria's National Assembly the Hon Aminu Tambuwal whilst he is still legally and constitutionally in office and acting  as the Hon Speaker of Nigeria's National House of Assembly, simply because he decided to no longer be a member of the President's ruling party - so it's better if he is exposed to danger and unprotected...

 Out of a polite sense of deference so as not to "insult" anybody, I do not use stronger language to condemn such callousness...

About the Police raid on the APC data centre in Lagos this is my lamentation:

That  in some African countries, the State Police is seldom impartial when it comes to exclusively protecting the presidential hand that feeds them, that can promote or even retire/ dismiss (sack) them. That whereas some incumbent governments in Africa can and have used the police and military as their own personal tool in degrading their political rivals, even on some trumped up charges, planted evidence  - he blows up his own garage and says the opposition did it...the following morning  a cache of weapons and ammunition are "discovered" at the residence of the suspected member of the opposition and  a warrant is issued for his arrest. The reverse is seldom the case – and I don't know of any cases where the Police has raided the headquarters of president or the ruling party, ostensibly in search of incriminating evidence looking either for looted gold or for forged ballot papers, the manufacturing of counterfeit money or inflation / composing voter registers, tax evasion etc.

It would seem that the Police are not yet capable of acting that independently of Caesar's wishes in our fledgling democracies.

Of course in some African countries it's sometimes even worse than that, when the incumbent government is incapable of distinguishing between the national treasury and their election campaign war chest and  often, likewise refuse to give adequate space on national television to the opposition.

I hope that you don't think that I am being abstract or vague Sir, when there is evidence galore if you so desire, and since I don't think that you so desire, I hope that you get my drift....

I think that you too should stand up and condemn such things.

"when something isn't right it's wrong" As you yourself have told us before, "The only thing necessary for the triumph of evil is for good men to do nothing."

So, don't be afraid, please speak up Sir!

Sincerely yours,

Cornelius

We Sweden.



On Sunday, 23 November 2014 23:35:46 UTC+1, Anunoby, Ogugua wrote:

"We do not need to discuss whether Tambuwal is a legitimate Speaker or member of the House or not but, why the Police invaded the National Assembly."

 

We do. If there is an effect, there is most likely a cause. To successfully deal with an effect, one must deal with the cause. Tambuwal helped to fermented the crises. He switched political parties and wanted things to remain the same. He chose to gamble. He must face the music.   

We do not know for sure that the police did not have intelligence report on the invasion they claimed. The police are not obliged to share information with a Speaker or Senate President before taking necessary action depending on the nature and content of the intelligence report. What if the content pointed to the Speaker or Senate President being the architect of the thugs' oncoming assault? They are also not obliged to share the details of the report with the general public until it is safe to do so.

Is it too much to expect the Speaker, as a principal lawmaker, to dignify his high office by respecting the police enough to follow police instructions even if the police were out of order? He should have on the day. There are always available remedies that he could seek successfully. His conduct was roughish when it need not and should not be. He chose to escalate the situation when as Speaker, he should deescalate the situation? What about restraint? That is what good leaders are expected to show in similar  situations.  Thank goodness no lives were lost in the mayhem.

 

oa

From: usaafric...@googlegroups.com

 

From: Anunoby, Ogugua
Sent: Sunday, November 23, 2014 3:50 PM
To: usaafric...@googlegroups.com
Subject: RE: USA Africa Dialogue Series - On this Matter of Party Defections in Nigeria's National and State Assemblies {Re: [Naijaintellects] Chaos at National Assembly: Tambuwal Stopped, David Mark Orders shutdown

 

"We do not need to discuss whether Tambuwal is a legitimate Speaker or member of the House or not but, why the Police invaded the National Assembly."

 

We do. If there is an effect, there is most likely a cause. To successfully deal with an effect, one must deal with the cause. Tambuwal helped to fermented the crises. He switched political parties and wanted things to remain the same. He chose to gamble. He must face the music.   

We do not know for sure that the police did not have intelligence report on the invasion they claimed. The police are not obliged to share information with a Speaker or Senate President before taking necessary action depending on the nature and content of the intelligence report. What if the content pointed to the Speaker or Senate President being the architect of the thugs' oncoming assault? They are also not obliged to share the details of the report with the general public until it is safe to do so.

Is it too much to expect the Speaker, as a principal lawmaker, to dignify his high office by respecting the police enough to follow police instructions even if the police were out of order? He should have on the day. There are always available remedies that he could seek successfully. His conduct was roughish when it need not and should not be. He chose to escalate the situation when as Speaker, he should deescalate the situation? What about restraint? That is not what good leaders show in similar  situations.  Thank goodness no lives were lost in the mayhem.

 

oa

From: usaafric...@googlegroups.com [mailto:usaaf...@googlegroups.com] On Behalf Of Salimonu Kadiri
Sent: Sunday, November 23, 2014 2:37 PM
To: usaafric...@googlegroups.com
Subject: RE: USA Africa Dialogue Series - On this Matter of Party Defections in Nigeria's National and State Assemblies {Re: [Naijaintellects] Chaos at National Assembly: Tambuwal Stopped, David Mark Orders shutdown

 

The reconvened meeting of the National Assembly would have been the best occasion to decide if Tambuwal was still the Speaker of the House or not. Section 50, 2c of the 1999 Constitution says, "The Speaker of the House of Representatives or his Deputy, shall vacate office if he is removed from office by a resolution of the House of Representatives by the vote of not less than 2/3s majority of members of that House." We do not need to discuss whether Tambuwal is a legitimate Speaker or member of the House or not but, why the Police invaded the National Assembly. According to the Police, their invasion of the National Assembly was due to intelligent Reports that hoodlums and thugs were to cause mayhem at the Assembly. Yet, the Police did not inform the Speaker and the Senate President about the intelligent Reports before their action. Unintelligently, the Police behaved like street Urchins and treated Tambuwal and other APC members of the House as hoodlums and thugs. If the action of the police is not condemned, a Colonel in the nearest future can block the President from entering Aso Rock under the pretext of an Intelligence Report!!
 


From: Anun...@lincolnu.edu
To: usaafric...@googlegroups.com
CC: alu...@gmail.com; anthony...@yahoo.co.uk
Date: Sun, 23 Nov 2014 12:45:39 -0600
Subject: RE: USA Africa Dialogue Series - On this Matter of Party Defections in Nigeria's National and State Assemblies {Re: [Naijaintellects] Chaos at National Assembly: Tambuwal Stopped, David Mark Orders shutdown

 

"68. (1) A member of the Senate or of the House of Representatives shall vacate his seat in the House of which he is a member if -

 

"(g) being a person whose election to the House was sponsored by a political party, he becomes a member of another political party before the expiration of the period for which that House was elected;

 

"Provided that his membership of the latter political party is not as a result of a division in the political party of which he was previously a member or of a merger of two or more political parties or factions by one of which he was previously sponsored; or…"

 

It seems to me that the above is the on point section on this matter.

 

Tambuwal's election was sponsored by the PDP. He quit the PDP and joined the APC. There should be no trouble with that under the law. He and other elected members of the National Assembly are always free to come and go as they please. The question it seems to me is did Tambuwal quit the PDP because of  " a division… member" or " a merger… parties" or "factions… sponsored".

What needs to be determined by the courts and perhaps INEC without further delay is whether or not any or more of the following apply in this impasse:

i)                    Division

ii)                   Merger

iii)                 Faction

 

Tambuwal may not remain Speaker if he is no longer a lawful member of the House of Representatives. That issue must be determined without further delay by the courts. Any aggrieved party (including the PDP, Tambuwal's election opponent(s), one or more citizens represented by Tambuwal in the House) in "locus-standi " may bring the action and pray an appropriate court to declare Tambuwal's seat vacant. INEC may make its determination on whether or not Tambuwal, having jumped ship, is still a duly elected member of the House of Representatives too. Only then should the matter of whether or not Tambuwal may lawfully remain Speaker arise and be addressed.

Tambuwal cannot be Speaker except he is lawfully, a  member of the House. It is my opinion, that INEC should step in. INEC declared him duly elected. INEC may declare his seat vacant. Tambuwal, the APC, the PDP, and/or one or more members of the constituency that he represents, may choose to appeal unfavorable court or INEC decisions.  Lawyers must be crying hosanna. Christmas has again, come early for them.

I do not know that the assignment of security details to specific elected officials is not more a matter of protocol/administrative action than a constitutional one. If the Executive arm of government does not recognize Tambuwal as Speaker, it may withdraw the security details. Tambuwal may challenge the withdrawal in court. Why has he not if he has not is a good question?

Many elected public officials pride themselves in being called "your excellency", or "honorable". It is increasing clear and sad that some of them do not seem to know what the appellations mean including the responsibilities that come with them. Do they not know not to choose to eat their cake and still expect to  have it? Why are they not concerned about the dangers to the country of absurdity, impunity, and degenerating precedents? Why are they not concerned about doing things well- including implanting strong and true democratic practice and tradition? Are they not familiar with Nigeria's (political) history including the 1950/60s misadventures in, the Western Region House of Assembly (carpet crossing, UPGA/NNA crises), the Eastern Region House of Assembly (Professor Itta), the creation of the Midwest Region (Osadebey/Omo Osagie), the Northern Region House of Assembly (NPC tyranny) among others, and the heavy price the country paid and continues to pay for them? Why they continually and needlessly overheat the polity for the mess of self-interest porridge is beyond the conjecture of many truly concerned, peace-loving, and progress-oriented Nigerians.

The present political imbroglio in the national government might have been avoided if Tambuwal switched parties (he was always free to), resigned as Speaker, and submitted himself to another Speaker election as a member of his new party. A majority of right-thinking Nigerians would agree, that was and still is the decent, easy, honorable, proper, and right thing to do. He would cut his name in the stone of Nigeria's history if he did.  Recall Obasanjo' handover of power?  

Tambuwal's supporters in his party and outside the House, continue to claim that he is popular and remains the choice of a majority of members of the House for Speaker. Where is the evidence? Tambuwal should put himself up for re-election as Speaker as ultimate proof.

Nigeria's democracy is a fledgling one. It is inconceivable that Nigeria's politicians do not know this. The blame game should stop. There is too much drama already. Remember 1966? Nigeria's politicians have been and remain the greatest threats to sound democratic governance and progress in the country. It is about time they are strengths instead.  

 

oa

From: usaafric...@googlegroups.com [mailto:usaaf...@googlegroups.com] On Behalf Of Assensoh, Akwasi B.
Sent: Sunday, November 23, 2014 4:33 AM
To: usaafric...@googlegroups.com
Cc: alu...@gmail.com; anthony...@yahoo.co.uk; Afoaku, Osita; deji...@yahoo.com; ovau...@bowdoin.edu
Subject: RE: USA Africa Dialogue Series - On this Matter of Party Defections in Nigeria's National and State Assemblies {Re: [Naijaintellects] Chaos at National Assembly: Tambuwal Stopped, David Mark Orders shutdown

 

VC Aluko:
 
Your postings have been so lucid and helpful that anyone pretending not to hear you needs three human ears to correct any hearing defect the person has! For example, I was glad to learn from your posting about the sad" party defections" that, indeed, the Nigerian constitution has something serious and admirable: thus, if one is elected to parliament on the ticket of political party "A", if one wants to defect to party "B", one must vacate the seat when doing so. This, then, means one can go back to the voters to seek re-election on the ticket of the new party he or she has defected to. It will  then be the prerogative of the voters to re-elect the person on the ticket of party "B" that one has defected to. Is that not the case, VC Aluko? If it is so, then that is very great, as it provides checks and balances right there!
 
If that is also, then it means that Nigeria has some admirable stipulations from the national constitution.
And there, we have it!
A.B. Assensoh. 


From: usaafric...@googlegroups.com [usaafric...@googlegroups.com] on behalf of Mobolaji Aluko [alu...@gmail.com]
Sent: Saturday, November 22, 2014 5:56 PM
To: Ikhide
Cc: USAAfrica Dialogue
Subject: Re: USA Africa Dialogue Series - On this Matter of Party Defections in Nigeria's National and State Assemblies {Re: [Naijaintellects] Chaos at National Assembly: Tambuwal Stopped, David Mark Orders shutdown

 

Ikhide:

 

You still not do not seem to have read me or heard me right:  the Law PRESCRIBES how a defecting member's removal  should be done - and so far, outside of the 

illegal and hasty removal of his security aides - Tambuwal is still regarded as the Speaker by his peers, and actually presided over the brief meeting the other day at 

which Senate President David Mark met him on his seat, that is after being roughed up, or was it before sef?

 

So we have to learn to be patient with democracy - like Obama.

 

And there you have it.

 

 

Bolaji Aluko

 

 

 

On Sat, Nov 22, 2014 at 7:22 PM, Ikhide <xok...@yahoo.com> wrote:

...

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