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What we see is not as dangerous as what
we do not yet know. This is probably the
best way to describe the theatre of the
absurd currently being played out in
Nigeria with regard to the illness of
President Umaru Musa Yar'Adua. And
because what we do not yet know may
prove to be truly dangerous, it is about
time we began to draw the necessary
lessons from President Yar'Adua's
incapacitation, in the expectation that
those whose moral authority has been so
openly called to question will feel
compelled to put Nigeria first. The
Yar'Adua event was a tragedy foretold,
but we all did nothing to prevent it.
Nothing can be more tragic than the
present season of uncertainty in which
Nigeria has found itself. It is a
complete mess, don't mind the fact that
the Americans and the British are
helping us to patch things together by
trying to give Goodluck Jonathan the
confidence that he badly needs.
Where were we all when Yar'Adua became
President? I have heard the view
expressed and I have also echoed that
view that it is human to fall ill, and
that certain other Presidents in other
countries have been ill before Yar'Adua.
The critical difference which we must
stress is that Yar'Adua was ill before
he became President. His condition was
not concealed before he sought our
votes. As Governor of Katsina State, he
was out of the state for six months
seeking medical help abroad. As
Presidential candidate, he was
perpetually struggling to show up on the
campaign trail. We were all here when he
travelled abroad and there were
speculations that he had died, prompting
former President Obasanjo to make that
phone call: "Umoru, are you dead?".
Obasanjo was deceiving other Nigerians,
he was playing games with our future by
insisting that only Umoru could succeed
him. And yet we all agreed. Obasanjo's
sick candidate won about 24. 6 million
votes in the election. He didn't win by
a narrow margin.
He won convincingly. Even if there have
been concerns that the election was
rigged, the INEC chairman sealed the
matter by declaring that Yar'Adua was
the most serious of all the candidates.
He got more votes than more than half of
all the 50 or so candidates put
together. The man had hardly settled
down in office before he began to travel
abroad for medical care. He has been in
and out of the country at least five
times in the last two years for medical
reasons. He was the sick President that
everyone loved to crack jokes about. We
did not take the connection between
Presidential health and national
security and stability seriously. The
moment the National assembly realized
that we had a sick President on our
hands, that was when the members should
have begun the necessary steps of
protecting Nigeria. But our National
Assembly is made up of unserious people.
If the picture painted by Wale Okediran,
a former member of that body in his
novel, Tenants of the House is to be
believed, then both the actions and the
inactions of the National Assembly must
be treated with suspicion.
We, the people, equally fell asleep. We
enjoyed cracking jokes about the
pigmentation of Yar'Adua's skin, or the
coughs with which he punctuated every
sentence. We did not see the need to
worry about a possible tragedy. And now,
the man is down, he is incapacitated and
we are all protesting that the rule of
law must be allowed to take its course.
The Yar'Adua tragedy is a comment on the
failure of the state. Because the
Nigerian state has failed, it is
possible for anyone to commit blue
murder and get away with it. In handling
the Yar'Adua health crisis, we have been
building up a catalogue of illegalities,
each illegality or moral failure is soon
covered up, everyone latches on to what
is expedient and we forget too soon.
That is why it is possible for the
Secretary to the Government of the
Federation to say that the president had
written a letter to the National
Assembly reporting his ill health and
desire to proceed on a vacation, only
for a messenger in the Presidential
palace to quibble about the same letter
almost to the point of calling the SFG a
liar, and up till this moment, the
National Assembly has overlooked the
exchange between Ahmed Yayale and
Mohammed Abba-Ajji.
A serious legislature would have
insisted on that letter being produced,
failing which it would initiate
impeachment proceedings against
President Yar'Adua on the grounds of
"gross misconduct." The National
Assembly faltered and we all overlooked
it. Then the same National Assembly
decided that a statement on BBC amounted
to a letter within the purview of
Section 145 of the Constitution (which
it is not), and it proceeded to
pronounce Goodluck Jonathan Acting
President and we all jubilated. Where is
the letter that Yar'Adua should have
written? Goodluck Jonathan began to act
as President and we all queued up behind
him, convinced that the Yar'Adua matter
had been laid to rest. With the events
of the last 72 hours, one clear lesson
is that a nation that fails to do things
right is bound to embrace crisis and
water the seeds of its own destruction.
Yar'Adua probably lost the gift of
consciousness about three months ago. We
all knew that the man was gravely ill,
and yet when some charlatans reported
that the man had signed Budget 2010, we
all accepted it. The country has since
then been operating a budget that may
well be truly illegal but we are okay
with that because it is convenient. So
why won't a cabal smuggle Yar'Adua into
the country in the night, and claim that
the country can move on without the
necessary questions being answered? Why
won't anyone order troops to the Abuja
airport without the Acting President
knowing about this? Who ordered the
troops out on Wednesday Feb. 24. That is
a question that still has to be
answered. The military hierarchy has
issued a statement accusing mischief
makers of trying to drag the military
into politics. But that statement
avoided the deployment of troops and who
did it.
The military hierarchy says it believes
in democracy and it has a duty to
protect our democracy. It should prove
that by telling Nigerians how solders
ended up on the streets without the
knowledge of the Commander-in-Chief of
the Armed Forces. That incident
disgraces the Nigerian military and its
claims to neutrality and
professionalism. But can you blame
Dambazzau and his boys? When the Jos
crisis erupted, the Commander in Chief
of the Nigerian Armed forces was in a
hospital in Saudi Arabia. Jonathan was
not yet an Acting President or Commander
of the Armed Forces. Who deployed the
troops then? What Yar'Adua's
incapacitation shows us is that a sick
President who is not in a position to
sign documents, treat files, and who
cannot be seen by concerned visitors
exposes his country to danger. For the
past weeks, we have all shown great
emotions about President Yar'Adua but
this is no longer about him, it is about
national security. The President's
family doesn't get it. The National
Assembly thinks this is about
gerrymandering. No, it is about Nigeria
and we didn't have to wait for
Condoleeza Rice to remind us that this
country is more important than
individuals. We knew but we lacked the
courage to act.
Where are we? We have a group of
power-mongers who keep using the
President's incapacitation to play the
game of Ludo with Nigeria. They throw
the dice, and they play what it comes up
with, meanwhile they are buying time and
privately pursuing their own unknown
objectives. By Wednesday, they had
issued a statement giving the impression
that Yar'Adua was back and in charge,
hence they referred to Goodluck Jonathan
as Vice President. Turai Yar'Adua, the
President's wife reportedly got carried
away and started summoning Ministers and
Presidential aides and for more than 24
hours she snubbed the same man who is
supposed to be covering up for the
President.
When that strategy failed, the same
Presidency changed its stance telling us
that Jonathan is acting President, "we
are all under him," and Turai suddenly
agrees to see the Vice President and his
wife. But up till this moment, the
Acting President cannot and has not been
allowed to see the President. On this
score, there has been unanimous
condemnation. It needs to be added that
although Nigerians voted for a sick man
as president, they couldn't have
expected that they would end up with a
President who would turn the
Presidential Villa into a maximum
prison, and he the President would be
thrown into solitary confinement. That
Presidential Villa is public property.
If Mrs Yar'Adua doesn't want her husband
to be seen and she is not willing to
subject herself to lawful authority, she
should take her husband to their family
house in Katsina.
The Nigerian Constitution says when a
President is incapacitated, he is not
fit to remain President. The test of
incapacitation is left in the hands of
members of the Executive Council of the
Federation. The lawmakers had thought
that members of that body will be
honourable men and women; they didn't
imagine that the Council will be filled
with careerists who will serve husband
and wife and bow and scrape just to
protect their spoils of office. Only one
person among the whole lot and that is
Dora Akunyili has taken a principled
stand. Weeks later, the bootlickers are
still dancing on one spot. This is why
the Yar'Adua tragedy is about all of us:
the greed of the Nigerian political
elite, the failure of institutions, and
the desperation of housewives. Only God
knows when last Yar'Adua uttered a word.
But in his name, Nigeria is being
throwing hither and thither.
What is incapacitation? Yes, Nigeria has
not dealt with this situation before,
but there are useful examples from other
jurisdictions. Commonsense may also be
useful. The Yar'Adua power bloc has
admitted that Jonathan is Acting
President (already they have defeated
their purpose of bringing the President
home, should they decide that he must
return to Saudi Arabia, they will need
to come up with new tricks). Step by
step, they are bound to shoot themselves
in the foot. The manner of President
Yar'Adua's return further confirms his
incapacitation. If he was resting after
a long flight, a period of 72 hours is
more than enough to shake off jet-lag.
And if he is recuperating, should that
prevent him from seeing the Acting
President? Mrs Yar'Adua and the small
clique who have access to the President
are unwittingly giving the impression
that the man has a contagious disease.
Is he in quarantine? Does the First Lady
wear gloves and overalls to be able to
approach him? Presidential
incapacitation is so dangerous to
national security that the Americans had
resolved not to play games with it since
the case of Woodrow Wilson in 1919.
Wilson had a stroke and his wife Edith
seized the machinery of the Presidency;
Wilson's Ministers and aides were not
allowed to see him for the remaining 17
months of his tenure. Everyone took
instructions from his wife. America has
shown that in a modern society, that
could prove fatal hence the 25th
Amendment of 1967 which was introduced
to cure the mischief of Presidential
incapacity and to prevent such vacuum
that could trigger instability. As
recently as 2001 when the 9/11 incident
occurred, the United States still took
another look at Presidential succession
to be sure that at no time is the
Presidency of the United States
uncertain. The Continuity of Government
Commission imagined a scenario in which
many leaders of government could be
wiped out in one day and how to
reconstitute the state machinery
immediately and keep the Government
going. Its second report was titled
"Presidential Succession." It is an
issue that Nigerians must focus on
intently and redefine.
America takes itself seriously. Its
leaders know that a vacancy in the
Executive Branch or any form of
uncertainty at the highest levels could
prove fatal for America's interests in
the world. We have all heard about the
secret nuclear codes that are known only
to the US President. It is equivalent to
the deployment of troops in Nigeria or
the management of the country's oil
resources. When Kennedy was assassinated
in 1967, it took exactly two hours
eighteen minutes for Lyndon Johnson to
be sworn in. When Reagan went to the
hospital for surgery on July 13, 1985,
he had to relinquish the Presidency to
then Vice President George Bush from 11.
28 am to 7. 22 pm. Both Clinton and
George Bush Jnr. have also had to deal
with the threat of Presidential
incapacitation.
On June 29, 2002, President George Bush
Jnr handed over power to Vice President
Dick Cheney for two hours to enable him
sort out a colon surgery. The attempted
assassination of Ronald Reagan in 1981
further drew attention to the crisis of
presidential incapacitation and the
implications for democratic stability. A
weak president weakens a nation. The
test of incapacitation is the ability to
remain conscious. Roosevelt was in a
wheelchair but that was not a problem:
he was conscious and alert. Perhaps a
useful study of Presidential
incapacitation in the United States is
Kevin McQueeney's "Incapacitation in the
Oval Office: Presidential Disability," a
paper presented at the annual meeting of
the Midwest Political Science
Association, Palmer House Hotel,
Chicago, IL, April 12, 2007. http://www.allacademic.com/meta/p196596_index.html.
McQueeney demonstrates that early
American Presidents also tried to hide
their incapacitation and did not readily
relinquish power, but that has since
changed with increased media scrutiny of
the Presidency. Nigeria should learn
from best practices.
Is President Yar'Adua conscious? Is he
in charge of his own affairs? Can he
take decisions? Or he is at the mercy of
his wife and a medical team? A President
who cannot be seen by visitors, who
cannot appear in public, and who cannot
even talk to his people after a long
period of absence is without any doubt
incapacitated. If he is no longer in a
position to decide for himself, the
National Assembly has a duty to rescue
Nigerians from the underserved
punishment of seeing our country
wobbling at the top. Our lawmakers must
not assume that Nigerians will soon get
used to the situation of having a sick
man in the house, a wife who calls the
shots illegally, and an Acting President
who has to keep looking over his
shoulders because he is not allowed to
act.
The Nigerian Presidency at the moment is
in a vague and indecisive mould. That is
frightening. If there is any office
where absolute clarity is required, it
is at the Presidency which is so central
to the democracy that we claim to run.
The way forward is for the National
Assembly and the Executive Council of
the Federation to set in motion the
processes for ensuring that Nigeria does
not continue to suffer the effect of
having a President who does not fulfil
Hamilton's suggestion in the US
Federalist Papers of "an energetic
executive, one that is not weak." This
should include relieving President
Yar'Adua of his position. The real
people on trial are the legislators.
Mamadou Tandja And
The Coup In Niger-By
Reuben Abati
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