Apart from his name, nothing else readily explains the incredible acceleration in his political career. Goodluck Ebele Jonathan, 52, former Zoology teacher, former deputy governor, former governor, former vice president and last week, had what many might call the mother of all luck. After nearly three months ding-dong over President Umaru Musa Yar’Adua’s health and argument on the need to transfer power to his deputy, the Senate and the House of Representatives, in separate resolutions, invested Jonathan with the full powers of the president in acting capacity. On paper, no fairy tale could be better than this. But in the days ahead, the new acting president must come to terms with the reality of his new job, not made easy by the circumstance that threw him into the number one seat.
If there are hints that the acting president would be sitting on the edge for as long as he held forte for Yar’Adua, Senate President, David Mark gave it. This was on Friday, the week before last. Bukola Saraki, Kwara State governor and chairman of the Governors’ Forum, GF, had led three of his other colleagues to Mark. Ostensibly, it was to pass on the resolution of other governors to the senate president to stop the tomfoolery over the president’s health and continued absence from duty. Earlier that week, the entire media industry in the country had joined the strident calls to have power transferred to Jonathan in the absence of the president as stipulated by law. It was at the meeting that Mark hinted at what has been gnawing at his innards. “Section 145,” he said, referring to the part of the 1999 Constitution that empowers an acting president during a temporary absence of the president. “We think it has a problem, we can quickly amend it here in the National Assembly and pass it on to you to help ensure concurrence by your state houses of assembly,” Mark offered. His reason? “To allay the fears that Yar’Adua has been removed from office,” said the Senate President. In the last three months since the president has been on AWOL, this particular section has been the most read, quoted and analyzed portion of the Nigerian Constitution.
Going by the massive response in protest over Yar’Adua’s failure to comply with the requirements of the section, there can be no doubt that part of the law of the land is not defective, as Mark wanted his audience to believe. Rather, it explains why the lawmakers have been reluctant to act in the face of the constitutional breach by the president. It also hinted, even though vaguely, that what the Senate would provide in the face of the logjam brought about by Yar’adua’s absence is a political solution, rather than a constitutional one.
At the National Assembly, last week Tuesday when the resolutions were made for the power transfer, other grey areas in the process that empowered Jonathan became apparent. Section 145 of the constitution recommends that Yar’Adua can only pass authority to his deputy whenever he expressly writes the Senate President and Speaker, House of Representative on the need to be on medical vacation. For those calling for the sack of the president, they viewed his action as gross misconduct, an impeachable offence stipulated in section 143 of the constitution.
However, the Senate saw the matter differently. In a two pronged debate, the upper legislative house brought about a curious interpretation of the law and foisted what might turnout to be a short measure for a crisis that needed a long term solution, on the nation. First, they moved that the Vice President should thenceforth discharge the functions of the office of the President, Commander-in-Chief of the Federal Republic of Nigeria as Acting President. The second part of the motion was that the Acting President will cease to discharge these functions when Yar’adua transmits, in writing, to the Senate President and Speaker of the House of Representatives, a notice that he has returned from “his medical vacation.” But the snag in the procedure is that, both houses needed to be written by the president himself of his intention to go on leave. This condition was not fulfilled.
The Senate based its decision on the purported interview Yar’adua had with the British Broadcasting Corporation, BBC in January 2010, where he supposedly promised to return as soon as his doctors considered him fit enough. The Senators said in their motion that the Senate President and the Speaker of the House, had read the declaration of Yar’adua in the media, and will assume it to be the required transmission – which implies that section 145 has been “complied with.” “If you go online, you will see what was said,” Mark said. But Senator Garba Lado, from Katsina state, disagreed with this interpretation. He argued that some Nigerians, including lawmakers, had questioned the authenticity of the interview, and as such, could “not understand the kind of decision where voice interview can be interpreted to mean a written declaration.” But his argument did not carry as most of the Senators seemed harried into pushing for a quick solution on the current logjam. In further defense of their action, deputy Senate President, Ike Ekweremadu, said the law gave no details of the mode of communication required except in asking for a written submission from the president. “Section 145 does not require the president to sign anything, the form is not prescribed,” he said. “If the president had sent a text message to the Senate President and the Speaker of the House, section 145 would have been fully complied with. In addition, the interview was transcribed and was written on the net.”
After two executive sessions, the House of Representatives also adopted a resolution making Jonathan acting President pending the return of Yar’Adua from his medical trip to Saudi Arabia. The resolution, which was read by the House leader, Tunde Akogun was to the effect that “for the peace, order and good government of the Federation, and consistent with the judgments of the courts, the Vice President, Goodluck Ebele Jonathan, GCON shall assume full presidential powers as acting president, pending the return of the President, Alhaji Umaru Musa Yar’Adua GCFR to office.” Members voted unanimously for the adoption of the resolution when the Speaker, Dimeji Bankole, put it to vote although there was some uproar and drama. The success of the resolution was preceded by two executive sessions which were characterized by intense disagreements. By this resolution of the National Assembly, Jonathan assumes full presidential powers and can officially communicate bills and letters to the National Assembly.
But in here lies Jonathan’s biggest albatross. While waiting for Tuesday’s decision, lawyers in the country had expressed fears that such a legislative resolution may be controversial considering the fact that the source of its authorization is not legally firm enough to empower the Vice President to act. Section 145 of the constitution requires that a holidaying or sick president sends a written letter to the leadership of the National Assembly before the Vice President can legally act in his stead. But again, Mark insist that the lawmakers did the right thing. He anchors his conviction on the ‘doctrine of necessity.’ “It requires that we do what is necessary when faced with a situation that was not contemplated by the law,” he argued.
By the ‘doctrine of necessity,’ a judge is allowed to do justice in situation not envisaged by specific provisions of the law. The doctrine, in other clime, like in the US, allows the Congress to adopt certain measures not provided in the law to fulfill an objective. But the question many ask is, was health matter concerning the president not captured or envisaged in the Nigerian constitution?
“If anything, our constitution makes no provision for a super human president. Section 144 explains how to deal with the situation, unambiguously. Section 145 also provides the path of honour to be followed by any president who finds himself in Yar’Adua’s shoes. What the National Assembly had simply done is to shield him and further put the country in jeopardy,” said a Italon Ramson, a constitutional lawyer, last week. Rather than quell opposition and angst, the action of the National Assembly has further raised anxiety. The worry here is aptly captured in the 11, February edition of national newspaper with strong presence in Abuja and most of the North. “What the National Assembly did in February 9 –conferring the status of acting president on vice president Goodluck Jonathan – might be popular and might have somewhat doused the tension in the polity. But to all intent and purposes, it is unconstitutional and therefore, not likely to stand any judicial action.” The newspaper believes that Yar’Adua should be impeached for the violation of section 145. Lawyers and critics are however divided on the whole matter. Before the decision by the lawmakers, the preponderant opinion was that the governance at the centre was rudderless. International community has shown concern in this state of things. But influential countries like the US have cautioned the country to toe the path of constitutionalism in resolving the crisis. Last week, before the National Assembly resolution, Johnnie Carson, US assistant secretary of state had paid a visit to Jonathan at the state house. As reported in some dailies, Carson told Jonathan that the US government will not accept anything outside legal and constitutional transfer of power. Insiders also told the magazine that the US official was in the country to tell the Federal Government of the growing impatience among world leaders over the impasses in the country.
As analysts see the situation, the ground over which Jonathan takes over as acting president is not firm enough given the enormous task he has on his hands. According to The Business Eye investigation, activities in government agencies are at lull. This much was pointed out by Dora Akunyili, Minister of Information and Communication in her now famous memo to the Federal Executive Council, FEC. Akunyili had stated that there are still permanent secretaries of various ministries waiting to be sworn in by the president. This, according to her, slowed the workings of the affected ministries. Also, there are policies waiting for approval, which can only be accented to by the president. Last week, in recap of the economic situation of the country, The Business Eye pointed out in its cover story that the various policy decisions of Yar’Adua are beginning to lose steam on account of the vacuum in the seat of power.
The statistics, facts and figures are troubling enough. Here are some of them. At 26 per cent performance, Budget 2009 is regarded as the worst. Many say it happened because Yar’Adua was far too busy attending to his health. By December last year, the president promised that it would have attained a 6,000 megawatts of power generation for the country. It never happened. Rather, a meagre 2,700 megawatt is what is available. Yet, the country hopes to be one of the 20 biggest economies by 2020. In the absence of adequate power generation, Nigerians spend an average of N796.4 billion, same amount spent for federal capital expenditure, annually for electricity generation, says the National Electricity Regulatory Commission, NERC.
Of course, there is the need to hastily shore up on the amnesty deal with militants in the Niger-Delta. In the course of the amnesty package said to have cost the presidency N250 billion, a landmark truce was achieved. Over 15,000 fighters were reported to have embraced the programme and surrendered their arms. Among them was Ateke Tom and Government Ekpemupolo, aka Tompolo, both, dreaded militants with huge cult followings. Between October and early January, the relative peace in the region allowed for oil revenue to grow by more than 100 per cent. But with government not sustaining the deal, the militants have since lost patience. 2010 according to World Bank is projected to be a year of recovery for the economy after the global financial squeeze. But World Bank says that countries hoping to fully recover must push for strong, consistent and decisive policy reforms. With an absentee president, this may not be achieved. There are other matters that need attention. The petroleum industry bill, PIB, debate over deregulation of the downstream oil sector, swearing in of the national commissioners of the Independent National Electoral Commission, INEC, security and fuel scarcity, that only abated last week, 2010 Budget, Agriculture, Nigeria’s image in the aftermath of the underwear bomber, Farouk Abdulmutallab, who attempted to blow up a US airliner, and so on.
Jonathan seems to realize this though. In his acceptance speech, he admitted that the circumstance under which he will be ruling is uncommon. In a broadcast that lasted barely five minutes, Jonathan itemized key areas needing his attention. In the eye of the public, Jonathan is seen more as an unknown quantity. “Everything tends to fall on his lap without him breaking a sweat” said a government official who does not want his name mentioned. But for Philemon Adjekuko, columnist, an investment and development analyst, “Jonathan needs to step forward to take the bull by the horn. He needs to quickly instill discipline and confidence in his subject.”
He told the magazine. In his opinion, the transfer backed by the law of necessity is a way out of the current logjam brought about by the president’s absence. “No judge in a court of law will rule that Jonathan’s rule is illegitimate especially when there have been instances of judges giving judgment on the basis of the rule of necessity in the country. “Rotimi Amaechi’s case is a classic case,' he told the magazine. But for a man whom little is known other than the fact that lady luck has special fondness for him, Goodluck Jonathan must do more to win the public’s confidence. He must show that behind his affable mien there is steel.
Even he seems to realize this. Barely 48 hours after transfer of power, Jonathan moved against Micheal Aaondoaka, most controversial, sinister, double speaking and mischievous minister of Justice and Attorney-General of the Federation. He was practically downsized from his former portfolio to an obscure Ministry of Special duty. But before then, a detachment of police were sent to wade him off from gaining access into his former office. For many, this showed that the acting president understands the first rule of survival: self preservation.