Law & Human Rights

January 26, 2012

‘General insecurity across the country, portends great danger’

By  Abdulwahab  Abdulah
Prince Adetunji Orisalade, a lawyer of over 25 years is the Deputy Speaker of the Ekiti State House of Assembly. Orisalade,  a former Chairman, Lagos State Valuation Court in Badagry division between 1995-2000 in this interview spoke on the state of  the nation, arguing that  President Goodluck Jonathan  did not carry Nigerians along before the increase in the pump price of fuel.

He also condemned the spate of  insecurity in the nation, especially the attacks by Boko Haram sect which has claimed several lives and property in recent times. He said President Jonathan does not need to brief the National  Assembly before declaring State of emergency in any part of the country. Excerpts:

How would you respond to the argument that the deregulation program embarked upon by the Federal Government was so hasty and ill-timed, especially when majority opinions believe that it should be in  phases?

First and foremost, I want to say that the Federal Government committed a great blunder on the way it had acted on the subsidy issue. It did not appreciated Nigerians at all. It is not in doubt that we are now in a democratic setting with an elected President in place.

One would have thought that higher sense would dictate a rule via massive consultations across board on such sensitive issue. Nigerians, in the face of several deprivations and sufferings have continued to follow and obey their Leaders, without much ado.

The arbitrary increase in  fuel price and the strike action that followed had changed the  Nigeria’s political and economic climate.  How do you think the nation can survive its diverse challenges on fuel deregulation, kidnapping and terrorism?

Thank God the tension had eased out a bit with the suspension of street protests and eventual call-off of the strike. There would have been massive unrest all over the country and I saw those participating in the action as fully ready to dare the security agents.

The aftermath would have been colossal loss of lives and properties across the country. But I must tell you Nigerians are not happy even up till now and they see the Labour leaders as been compromised and manipulated out of the struggle.

Appropriate agencies

I still expect the President to apologise to Nigerians over the iron-fist rule he exuded and thereafter direct the appropriate agencies on the mass enlightenment of Nigerians on the Government’s intention.

The assumption was that a germane issue like the removal of fuel subsidy  ought to  receive  the blessing of the National Assembly before its implementation by the Federal Government, especially when the lawmakers expressed reservations over the issue. As a lawyer and lawmaker, don’t you think Mr. President went too far in his action?

I agree the removal of fuel subsidy is a germane issue that ordinarily, a listening and caring President ought to consult widely. But you see from the legal point of view, he is not under any restraint should he decides not to consult.

The withdrawal of subsidy is purely an economic issue that the National Assembly has no power to decide upon, though it can advise, as did the Federal House of Representatives. It is a matter purely within the Executive prerogative as encapsulated in Section 16(2) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).

The Section provides thus: “The State shall direct its policy towards ensuring (a) the promotion of a planned and balanced economic development; (b)that the material resources of the Nation are harnessed and distributed as best as possible to serve the common good.”

So one can not really say he went a bit far with the Constitution in mind. But respect begets respect,he ought to have consulted with the National Assembly at least as the peoples Representatives.”

The menace of Boko Haram and kidnapping have been a source of concern to many Nigerians at home and abroad. With the  sect insisting that Southerners should leave their area, what do you think this portend for the unity of the nation?

The two ugly phenomena of Boko Haram and nationwide kidnapping are terrible developments that ought not to have been allowed in this Country. They can really affect the unity of this country since some Nigerians have already been given quit notices to vacate their settlements. This portends great danger in the land as if care is not taken such senseless threats may be replicated in other parts of the Federation and the resultant effect would be monumental

As a lawyer what will be your reaction to the criticisms trailing the declaration of state of emergency by President Goodluck Jonathan in some local government areas in four northern states  without recourse to the Senate and the urgency attached  to the declaration?

By virtue of Section 305 of the 1999 constitution,  the President has power to proclaim and declare a state of emergency in any part of Nigeria and thereafter publish such proclamation in the Official Gazettee which would there be sent to the Senate President and the Speaker of the House of Representatives. He needs only 2\3 majority of members of each house to sustain the declaration. He may not approach them before making the declaration.

So far, how has the lawmakers in Ekiti state fared in terms of the performance of their civic duties in the formulation of good laws and be a watchdog over the executive arm in the state?

With the various capacity building tutorials we have had in the performance of our Legislative duties, we have been well-positioned and had made all these to bear on our assignments.

The Ekiti State House of Assembly is reputed to be the only Legislative House in the federation to commence the performance of Legislative duties on the day it was inaugurated. To its credit, it has passed about 30 Bills and several resolutions in just 7Months. The House have also not shied away from performing its oversight functions as bestowed upon it by the Constitution.

The leadership of the State Assembly of which you are the No 2 has been accused of being a rubber stamp to the executive. How true is this allegation?

The issue of being a rubber-stamp Assembly cannot by any stretch of imagination be attributable to us. All Bills passed so far have direct bearings on Ekiti development and they all equally passed through the requisite legislative processes before they were passed into laws with some going through public hearings.

The yardstick had been whether the passage of such Bills are in the best interest of our dear Ekitiland. The mere fact that we have a good working relationship with the Executive arm of government does not mean we do compromise our ideals as Legislators. I say emphatically that the present crop of Legislators in the Ekiti State House of Assembly are not men of straw, but of men of honour.

There have been agitations for convocation of Sovereign National Conference, SNC to adress challenges confronting the nation. Do you support the call?

On the issue of Sovereign National Conference, I wish to state that from the present circumstances of a democratic setting having in place elected representatives of the people, the same may have been overtaken by events.

The yearning for same was perfect under a Military setting, but now whatever form of agitation that we all may have can best be channeled through our duly elected Representatives at the various Assemblies. Furthermore, the process of amending the Constitution is still in place and advantage can also be taken of that Process to achieve what we intend to achieve via the Sovereign Conference.

It would be an aberration for an election to be conducted to elect representatives of the people again when some are still holding the mandates of the same people.