National Conference as a Revolution. A National Conference does not lend itself to a common legal definition and it has become the most abused concept by politicians and journalists alike. While a coup d’etat is internationally recognised as a revolutionary means of change of government, it is doubtful whether the concept of National Conference enjoys the same chorus. The situation that necessitated the inauguration of national conference called into question the moral character or virtue of those who are now parading themselves as rulers at the various level or organs of government, for it determines whether they are in power to promote the common good or to undermine it by promoting only their own selfish good. The preservation of liberty requires that the three great departments of power should be separate and distinct, the part played by the executive arm of government as far as the nomination of members of this questionable national conference is concerned, is nothing short of usurpation of legislative power and functions. This violation of separation of powers comes from the incapacity of a large number of people, most especially at the legislative arm of government to sustain a process of deliberation and effective action as expected of a vibrant national assembly. The executive officers exploiting the confusion and collective indecision on the part of legislative organ, now appealed through propaganda and disinformation to the fears and uncertainty of the people—especially in the face of a perceived self-sponsored emergency, through the machinery of “Boko-haram”—horridly called for national conference for their own interests. That is, to ensure the continuity of their rule by a self-centered minority with great wealth, and thus with the power to maintain itself to the detriment of the majority. Be that as it may, now that we have two parallel governments with effect from today, the legitimacy or otherwise of the national conference will soon be judicially tested in the Nigerian politics, when distinction between constitutional conference and constituent assembly would have to be made. When the time comes, we may need to ask ourselves whether there is any justification for any national conference while there is a constitutional government in place, as today’s event has put into reality the existence of two sovereigns within the same state, and whether the recommendation of the national conference is going to be acceptable to either the presidency or the National Assembly because you cannot have two rival or competing entities at the same time. This has been responsible in a split of loyalty of the citizens between the existing government and the national conference. We need to be reminded that, the success or sincerity of the national conference at this material time is very doubtful, since there is a constitutional government in place as earlier explained, that has been empowered to attend to all national issues like resources allocation, devolution of powers, secularity, ethnic loyalty, and boundary adjustment to be discussed at the conference. For instance, in Togo, President Eyadema was almost stripped off most of his powers and reduced virtually to a ceremonial President by the National Conference. In his reaction, he had to resort to the Army which, in loyalty to him, landed a siege on the interim Government and surrounded the Prime Minister’s residence, thereby putting the Government out of action, unless and until certain of its policies were reversed, especially the ban on Eyadema’s party and its exclusion from the interim Government. Later, under duress, the Prime Minister accepted lifting the ban on Eyadema’s party and its inclusion in the interim Government just to avoid bloodshed. Two weeks later, the army struck, this time demanding an end to Interim Government, particularly its legislative arm. Whichever way the pendulum swings, the outcome of the national conference is not going to have any impact on the Nigerian politics, because if it is against the expectation of the presidency, it can be disbanded for lack of proper co-ordination, and if the outcome favours the presidency, the opposing group can jettison its legitimacy or constitutionality. Where a national conference is able to amend the constitutional making power of the National Assembly on national issues, where there is existing government in place, it becomes a revolutionary tool as the conference is created not in conformity with the old legal order, because a new legal order has been created with the convening of the conference.
Posted on: Mon, 17 Mar 2014 12:15:15 +0000
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