Elder statesman and former Senator, Edwin Clark, has urged the Senate President Godswill Akpabio to safeguard the institution of the national Assembly from being hijacked by anti-democratic influences within the National Assembly (NASS), .
In a letter, Clark commended Akpabio’s leadership but warned of a regrouping faction within the NASS aiming to undermine due process, particularly in altering the 1999 Constitution.
He referenced past attempts by this group to intimidate lawmakers and manipulate state judiciaries and local governments for political gain.
Clark urged Akpabio to uphold constitutional procedures and resist any attempts by the group to subvert the rule of law.
He emphasized the supremacy of the Constitution and called on all arms of government to ensure its compliance, highlighting the importance of democratic principles in these challenging times
The letter reads,
“Firstly, let me commend you on the positive observed changes in the manner you handle proceedings on the floor of the Senate.
“However, please permit to bring to your attention some things that may not be handled correctly in the National Assembly, having regard to your speech in Ikot Ekpene, Akwa Ibom State, during the flag presentation to the All Progressive Congress (APC) candidates for the forth coming State Local Government elections.
“Mr. Senate President, I am conversant with the workings of the Senate, having been a Senator myself in the 1980s, although for a few months before a military coup toppled the civilian government.
“As a Senator, I served as member of top Senate Select Committee, the committee saddled with the responsibility of appointing committees of the senate; this was in addition to been chair of two other senate committees.
“It is on this basis that it has became quite worrisome to some of us observing the brazen manner in which some things are done in the Senate/National Assembly.
“I wish to bring to fore, some of these anomalies. The 1999 Constitution of the country states in Section 9, the ‘Mode of altering provisions of the Constitution’, it says:
“The National Assembly may, subject to the provisions of this section, alter any provisions of this Constitution.
“An Act of the National Assembly for the alteration of this Constitution, not being an Act to which section 8 of this Constitution, applies, shall not be passed in either House of the National Assembly unless the proposal is supported by the votes of not less than two-thirds majority of all the members of that House and approved by resolution of the Houses of Assembly of not less than two-thirds of all the States.
“An Act of the National Assembly for the purpose of altering the provisions of this section, section 8 or Chapter IV of this Constitution shall not be passed by either House of the National Assembly unless the proposal is approved by the votes of not less than four-fifths majority of all members of each House, and also approved by resolution of the Houses of Assembly of not less than two-thirds of all the States.
“For the purposes of section 8 of this Constitution and subsections (2) and (3) of this section, the number of members of each House of the National Assembly shall notwithstanding any vacancy, be deemed to be the number of members specified in sections 48 and 49 of this constitution.
“The constitution also states how Bills should be passed. But we have a situation where members of the Senate do not even see some Bills before they are passed into law.
“There is every need to follow laid down procedures, because these procedures were not put in place for the heck of it; they no doubt, provide for an effective and democratic government.
“It has been observed, for sometime now, that there is a group which is anti-democratic, which do not want distinguished members to follow due process, and it is also the reason why we have two different Bills submitted on the same subject.
“This group in the 8th National Assembly intimidated, harassed and physically attacked the National Assembly (NASS) for no just cause, using the Department of State Service (DSS) officials in their combatant uniforms, to prevent members access to the complex, except die hard members/activists like Hon. Boma Goodhead who were ready to sacrifice their lives at ensuring that the right things were done.
“This action by the DSS, led to the sacking of its then Director General (DG), Lawal Musa Daura, by Vice President, Prof Yemi Osinbanjo, acting as President.
“Lawal was replaced with Matthew Seiyefa, a professional, who had just a year to go on retirement. This laudable action was, however, abominable to President Buhari, who when he returned to the country, removed Seiyefa from office.
“He appointed Yusuf Bichi Magaji from Kano State, because he felt that such a sensitive office should not be occupied by someone from the Niger Delta.
“Mr. Senate President, the information floating around town is that this dangerous, anti-democratic group in the NASS is regrouping, and want to control their various State judiciary and local governments.
“They want State account to be removed without debate as provided for in the Section 9 of the 1999 Constitution as quoted above; this group of persons have won the congresses of their political parties in their various States, and are now waiting to take over the party structures through dubious means because it is the NASS that can amend the Constitution as provided.
“Please this country is divided, and it is failing. This is the time for the various arms of government to perform their duties according to the law. Let us be wary of the ides of march.
“The purpose of this write-up, therefore, is to kindly appeal to you not to allow this nefarious group to hi-jack the public debates in the various State Houses of Assembly, where the debates will be held having regard to the powers of the State Governors and some mischievous, ambitious and “powerful” politicians over their State Houses of Assembly.
“Everyone, in this country, is under strict compulsion to obey the Constitution. I repeat here, Section 1 (1) which says:
This Constitution is supreme and its provisions shall have binding force on all authorities and persons throughout the Federal Republic of Nigeria. This includes the Supreme Court (Judiciary) the President (Executive) and the National Assembly (Legislature).”