Unconstitutional Removal Of President Must Be Resisted — Sagay, SAN

*Right To Criticise Govt Guaranteed, Say SANs

An eminent professor of law, Itse Sagay (SAN), yesterday urged
security agencies to bring to justice anyone plotting to remove the
president undemocratically.

He was reacting to the Presidency’s claim that a plot to
destabilise the country and force leadership change was in the
offing.

Sagay noted that Nigerians had the right to criticise the
president, but condemned any attempt at illegal power takeover.

He told The Nation not, TheNigerialawyer: “If any activity
involves a breach of the law, then it should be dealt with in that
manner. They (those behind it) should be brought to justice.

“Anything that creates untidiness in succession to power at that
level can cause chaos and anarchy in the country and will result in
a lot of bloodshed and death.

“Anyone caught trying to remove the president illegally and
clandestinely outside the constitutional provisions deserves a very
stern action by the law enforcement agencies.

“Anyone can criticise the President if they feel he is not doing
his job effectively, but criticism must not constitute clandestine
removal.

“For instance, if all the insecurity is part of a move by people
to destabilise the country and give the impression that Nigeria is
ungovernable under the president, therefore, an unconstitutional
measure should be introduced to remove him, that is unacceptable,
otherwise he should be criticised by anybody who feels he is not
effectively dealing with the security situation in the country, and
there is nothing wrong in that.”

Two other Senior Advocates of Nigeria (SAN), Mba Ukweni and
Chino Obiagwu, emphasised that Nigerians were entitled to exercise
their fundamental right to freedom of expression under Section 143
of the Constitution.

The senior lawyers opposed the idea of criminalising the act of
expressing discontent with the government.

It was in reaction to the presidency’s claim that “these
disruptive elements are now recruiting the leadership of some
ethnic groups and politicians around the country, with the
intention of convening some sort of conference, where a vote of no
confidence would be passed on the President, thus throwing the land
into further turmoil”.

Ukweni said: “There’s nothing wrong in Nigerians meeting to
express their view on any particular issue.

“If the President is afraid that a particular gathering is going
to pass a vote of no-confidence on him, then he should do the
proper thing by resigning because that means that he is not
governing the country well.”

He argued that elections were not the only way elected officials
could be removed.

“It is not correct to say that the only way to remove the
president is by voting him out of office. There is an impeachment
procedure.

“The constitution in its wisdom has made provisions for the
removal of a president from office.

“Section 143 of the Constitution stipulates the procedure for
the removal of the president or vice president. If the provisions
of section 143 are complied with, the president leaves office,”
Ukweni said.

He said the constitutional grounds for removing the president
include gross misconduct in the performance of the functions of his
office and incapacity to perform those functions.

Obiagwu’s views were similar. He said: “There is freedom of
expression. So, people have a right to express their views about
government.

“Whether they’re satisfied or not, they have the right to
express their opinion. There’s nothing illegal about it. It is
everyone’s constitutional right.”

He wondered why the Presidency was worried about a vote of no
confidence, noting that “there is no provision for that”.

“The only way a president can be removed through a vote of no
confidence is through impeachment, which only the National Assembly
can do.

“The people have a right to call for the impeachment of the
president if they think he is not performing well, by rallying
their representatives at the National Assembly,” he said.

*Right To Criticise Govt Guaranteed, Say SANs

An eminent professor of law, Itse Sagay (SAN), yesterday urged
security agencies to bring to justice anyone plotting to remove the
president undemocratically.

He was reacting to the Presidency’s claim that a plot to
destabilise the country and force leadership change was in the
offing.

Sagay noted that Nigerians had the right to criticise the
president, but condemned any attempt at illegal power takeover.

He told The Nation not, TheNigerialawyer: “If any activity
involves a breach of the law, then it should be dealt with in that
manner. They (those behind it) should be brought to justice.

“Anything that creates untidiness in succession to power at that
level can cause chaos and anarchy in the country and will result in
a lot of bloodshed and death.

“Anyone caught trying to remove the president illegally and
clandestinely outside the constitutional provisions deserves a very
stern action by the law enforcement agencies.

“Anyone can criticise the President if they feel he is not doing
his job effectively, but criticism must not constitute clandestine
removal.

“For instance, if all the insecurity is part of a move by people
to destabilise the country and give the impression that Nigeria is
ungovernable under the president, therefore, an unconstitutional
measure should be introduced to remove him, that is unacceptable,
otherwise he should be criticised by anybody who feels he is not
effectively dealing with the security situation in the country, and
there is nothing wrong in that.”

Two other Senior Advocates of Nigeria (SAN), Mba Ukweni and
Chino Obiagwu, emphasised that Nigerians were entitled to exercise
their fundamental right to freedom of expression under Section 143
of the Constitution.

The senior lawyers opposed the idea of criminalising the act of
expressing discontent with the government.

It was in reaction to the presidency’s claim that “these
disruptive elements are now recruiting the leadership of some
ethnic groups and politicians around the country, with the
intention of convening some sort of conference, where a vote of no
confidence would be passed on the President, thus throwing the land
into further turmoil”.

Ukweni said: “There’s nothing wrong in Nigerians meeting to
express their view on any particular issue.

“If the President is afraid that a particular gathering is going
to pass a vote of no-confidence on him, then he should do the
proper thing by resigning because that means that he is not
governing the country well.”

He argued that elections were not the only way elected officials
could be removed.

“It is not correct to say that the only way to remove the
president is by voting him out of office. There is an impeachment
procedure.

“The constitution in its wisdom has made provisions for the
removal of a president from office.

“Section 143 of the Constitution stipulates the procedure for
the removal of the president or vice president. If the provisions
of section 143 are complied with, the president leaves office,”
Ukweni said.

He said the constitutional grounds for removing the president
include gross misconduct in the performance of the functions of his
office and incapacity to perform those functions.

Obiagwu’s views were similar. He said: “There is freedom of
expression. So, people have a right to express their views about
government.

“Whether they’re satisfied or not, they have the right to
express their opinion. There’s nothing illegal about it. It is
everyone’s constitutional right.”

He wondered why the Presidency was worried about a vote of no
confidence, noting that “there is no provision for that”.

“The only way a president can be removed through a vote of no
confidence is through impeachment, which only the National Assembly
can do.

“The people have a right to call for the impeachment of the
president if they think he is not performing well, by rallying
their representatives at the National Assembly,” he said.