Don’t Cause Constitutional Anarchy: CSOs Warn FG On EFCC VS Govs Case

BEING TEXT OF A PRESS CONFERENCE HELD BY 200 CIVIL SOCIETY ORGANISATIONS AND READ BY COMRADE IFEANYI ODILI, PRESIDENT OF CAMPAIGN FOR DEMOCRACY CD, OCTOBER 22ND, 2024 At LAGOS AIRPORT HOTEL, IKEJA, LAGOS

AVOID CONSTITUTIONAL ANARCHY; FG MUST ALLOW THE JUDICIARY TO DO ITS WORK

Compatriots, fellow Comrades, ladies and gentlemen of the Press, our gathering here today is to address a fundamental issue regarding the security of our democracy.

The pillar of legitimacy of every variant of democracy is the constitution on which it is founded. That is why it is said among political scientists that if it is not constitutional democracy, it is not a democracy. Democracy is more than just a game of numbers. It is a process guided by a constitution that must be respected, adhered to and protected by every institution of government and the citizens at large.

Therefore,  whenever questions arise that involves  undermining the constitution by action or inaction of government or individuals, such questions must be answered via a thorough interrogation by the judiciary to make interpretations to clear all doubts and contestations in that respect.

The 1999 constitution of the Federal Republic of Nigeria as amended may not be a perfect document as has been variously analyzed by many legal pundits and activists, including those of us on this table. But, for now, it remains Nigeria’s political legal tender binding on all Nigerian residents/citizens, political actors and, even, the government. Until that constitution is amended through due processes as stipulated by the same constitution, we must abide by its extant provisions to the letter.

It is in this regard that we are intervening on the side of justice in order to save our democracy from a pending constitutional anarchy as currently being canvassed by the Federal Government through the office of the Attorney-General of the Federation. It is now public knowledge that 19 states in the country have approached the Supreme Court to determine whether the establishment of the Economic and Financial Crimes Commission, EFCC , the Independent Corrupt Practices Commission, ICPC and the Nigerian Financial Intelligence Unit, NFIU, followed constitutional due processes,  which they believe it didn’t.

Such a quest for the clarity of  due processes should not be subjected to unnecessary frustration, manipulation or outright sabotage by the Federal Government which ordinarily should be interested in upholding the country’s constitutional integrity. The preliminary objection action instituted by the Federal Government on this matter smacks of anarchical tendencies. One would have expected the Federal Government to go to the Court to argue its case against the 19 states rather than apply for it to be struck out prematurely, which many Nigerians have interpreted to mean an attempt to intimidate the Judiciary into doing the bidding of the FG.

This is so uncalled for. The Court should be allowed to determine whether these agencies were duly formed in line with the provisions of the 1999 Constitution as amended or not. If it was,  that’s the end of the case. But, if not, we would be presented with another opportunity to get it right this time around. From all indications, the establishment of these agencies were made by FG’s fiat by dwelling disproportionately on international conventions and obligations of Nigeria which are fundamentally inferior to Nigeria’s Constitution. OUR constitution is the supreme document to which all citizens and government institutions must subject themselves. Section 12, 1 & 2 of the 1999 Constitution of the Federal Republic of Nigeria as amended is unequivocal about this.

If there are missing links in the establishment of these noble agencies, they are better fixed now before we run into serious constitutional crises that can frustrate our efforts to stamp out corruption from our national life. Any unconstitutional act by government or individuals, no matter how noble or beneficial,  would eventually amount to a nullity under intense legal interrogations. We can save ourselves all the troubles by allowing the Judiciary decide on this controversy without any attempt to apply federal might to scuttle the process.

As a coalition of over 200 CSOs, we have instructed our lawyers to see the possibility of being joined in the suit with the 19 states who are already in Court. If that’s legally allowable, be rest assured that we will be fully represented in the matter because, being Civil Society,  we are the conscience of our democracy and the course of justice in our nation.

Thank you all.

Sgd.

Comrade Ifeanyi Odili,

President of Campaign for Democracy

And

Dr. Dapo Oluwole,

Executive Director,

Transparency and Accountability Network (TAN)