Mrs. Jonathan, as a First Lady, here are lessons on the power of the Chief Executive of a State.
Her Excellency, Mrs. Dame Patience Jonathan like every well-meaning daughter or son recently went on a two-day official visit to her home town in the Rivers State of Nigeria.
Madam, there must be pride in among the Okrika people to see your presence in their midst. Also, there is more international pride to your home background as evidenced as having come from the Okrika Island of the Rivers State, especially from an area called Obama, a great and passionate name at best.
First Lady Jonathan, as history tells us for over 400 years the people of Okrika have gone through various struggles, starting as a midpoint of Euro-American slave trade and in the early part of the 20th century the land and the people of Okrika were overshadowed by the city of Port Harcourt.
As an Ijaw woman who has watched the long standing exploitation of the area of Niger River Delta of Nigeria by the Euro-American Oil Corporations, one understands your current sentimentalities.
Madam, here is the problem. You appeared to have crossed the line when you openly went into tantrums with Governor Chibuike Rotimi Amaechi, the Chief Executive of the Rivers State. While this writer has never met you or Mr. Amaechi and has no relationship to any of you, there is something that is worth noting in this write-up.
Mrs. Jonathan, there is a bit you need to know about an executive system of government which not only includes the Presidency but the gubernatorial rule or the power of Governorship especially.
As you may be aware of the Nigerian Constitution is modeled after the American constitutional and executive system of governance.
Madam, as one who currently occupies the office of the First Lady of Nigeria you are the number one Hostess to the presidency. Therefore, by tradition your role is ceremonial, social and in our contemporary times you may engage in causes that are dear to you, and this you have done very well with your promotion of women issues.
Madam Jonathan, at the time of this writing you do not have any electable power, governmental role and executive function in the Nigerian government. But privately you could serve as an adviser to the President or any Governor and again this should only, only happen privately. Period!
As we now know from media reports, while recently in your home town of Okrika to launch one of your initiatives for women, during the last day of your two-day visit, and right in front of the people of the Rivers State, you displayed incivility to the Chief Executive of the Rivers State.
As we rightly know, the issue of land is important to the Okrika people and reasonably sentimental to you, therefore any worry you have on this issue should have been communicated to the Chief Executive of the River state, privately.
Thereafter, any public comment on the matter by the Governor as it was during your side by side presence with the Governor should have received silence from you, non-verbally and verbally.
Madam, among your reported utterances and behaviors, here is the one that constitutionally, was almost destabilizing to the functioning of the government of the Rivers State. That is , the verbiage in which you reportedly raised your voice and told the Chief Executive of you State, “Listen! You must listen to me.” Madam, Nigeria is not yet a banana republic where utterances like these are all too common.
Madam, you need to know that the position that Chibuike Rotimi Amaechi of Ikwerre occupies is so powerful and authoritative that it could have been worst for you in terms of the overall frustration over this whole matter.
It is reported that the Governor after your unruly acts towards him and during a reception for you stayed in his car. He could have been thinking of putting you on official notice or taking other Stately measures towards you? We will never know.
But what is clear is that you were apparently recalled back to your official home in Abuja, a far lesser dishonor compared to any other executive consequence from the Chief Executive of the State.
Madam, in an executive democracy like Nigeria the power of a Governor is huge. He as in the case of the Honorable Amaechi is the sovereign head of the Rivers State. That means, within the Federal system of Nigeria, the Governor retains independent power and he is not subordinate to anyone including the President, in this case your husband, Dr. Goodluck Jonathan.
The Governor like the President is equally subservient to the rule of law or the Constitution. Madam, in a truly and functional nation with an executive system of government, the Governor by virtue of being elected by the people of the State has the statutory power to implement any executive order he wishes and, not even the State legislature could stop him.
Madam, when you reportedly told the Governor in his face that he should not use the word “Must” in reference to the demolition of buildings in place for space for new schools, you committed a grave error.
Why, because no one, not the even President, the King, or the legislature could stop him from his “must” to do list except the Courts.
Madam, now you see why your air evacuation was so sudden without completing your planned visit to the prisons and to a newly built school.
Madam, such is the nature of the extensive power of an executive, independent and sovereign head of a State. You may not recognize the constitutional and political influence wielded by a Governor but your husband certainly does in his capacity as a President in an executive system of government.
Madam, you almost pushed the State “to go into crises” the very concern you publicly posed to the Governor. Thank God for airplanes, as you left so quick in that some oppositional or troubled minds could have taking advantage of this confusion and provoke more problems.
Madam, any reasonable person knows you met well to your people given the long history of the exploitation of that area of Nigeria. So your concerns must be welcomed by any Nigerian leader but madam, learn to present your issues privately as such is the duty of the first lady of the nation and the role of the first hostess to the Presidency.
Madam, to do otherwise especially when your husband could be in power for the next eight years could further compound the functioning of a society that is almost at its breaking point.
What every good faith Nigerian should see next is the breaking of kolanut or the sharing of soft drink between the First lady and the Governor in the Okrika town or at the Governor’s compound, all for the sake of harmony. There is no need for police or official investigation, all that is needed now is just a kolanut or a fizzy drink summit for peace sake and for the future progress of the people.
~ By John Oshodi
John Egbeazien Oshodi, Ph.D, DABPS, FACFE is a practicing Forensic/Clinical Psychologist and the Interim Associate Dean of Academic Affairs-Behavioral Science, North Campus, Broward College, Coconut Creek, Florida. joshodi@broward.edu.
Showing posts with label Nigerian Constitution. Show all posts
Showing posts with label Nigerian Constitution. Show all posts
Tuesday, August 31, 2010
Friday, July 9, 2010
Senator Yerima : Ambiguity In The Nigerian Constitution Proclaims Yes And No To Child Marriage
Senator Yerima : Ambiguity In The Nigerian Constitution Proclaims Yes And No To Child Marriage
Now, the National Agency for Prohibition of Traffic in Persons and Other related matters (NAPTIP) have apparently uncovered the inherent conflict surrounding the constitutional declarations on Child right’s law.
As a consequence it appears unable to gather adequate legal evidence to charge Senator Ahmed Sani Yerima of Zamfara State to Court. However, it has reportedly ‘zoned’ or referred the matter to the Federal Ministry of Justice.
Assuming the Ministry of Justice will follow up with the case it will have to look at the apparently hurriedly prepared Nigerian Constitution of 1999; known for its mark of the three Axis of Religion in regard to family affairs.
Firstly, there is the Customary or Tribal practice, which allows an innocent girl to be plucked up into a marriageable life with an adult male. A marital arrangement that is usually secured through a monetary exchange and consent from the girl’s parents, the father in particular.
Secondly, there is the Islamic side of the Constitution that protects the rights of Muslims. One of the liberties is the right of an adult male to marry a girl of any age.
Lastly, there is the Euro-American/Judeo-Christian type proclamation in the Nigerian Constitution known as the Child’s Right Act which authorizes a marriage only if the female is not below the age of 18 years.
Clearly, this Axis of legal-religious declarations in family law leaves the Constitution in a state of an embattled document.
In describing the U. S. Constitutional system, a system taken on by Nigeria, President Barack Obama noted in his world wild speech in Turkey in April of 2009, that “America in not a Christian, Jewish or Muslim Nation”.
Exactly, a year later, President Jonathan, in his acting capacity asserted in a CNN interview with Political Anchor Christiane Amapour in April, that “We (Nigerians) are a very, very religious society”.
Some days later, following Jonathan’s religious affirmation in Washington, D.C; Senator Ahmed Sani Yerima confirmed in a BBC interview that “As a Muslim, as I always say, I consider God’s Law and that of his Prophet above any law”. “I will not respect any law that contradicts that and whoever wants to sanction me for that is free to do that” “ I don’t care about the issue of age since I have not violated any rule as far as Islam is concerned”.
In this regard the split minded Nigerian Constitution protects his religious rights that allow him to marry any innocent female girl of any age. Sections 37 and 38 of the 1999 Constitutional law of the land appear to guarantee his Islamic beliefs on marriage.
As far as Senator Yerima is concerned, the Judeo-Christian clothed Child’s Rights Act of 2003 that is anti-child marriage, as it relates to marriage to any female below 18 years is an invasion of his right to privacy. He views the Child’s Right Act as an antithesis to his right to propagate, and an infringement on his family make- up.
In the face of these inherent ambiguous, equivocal or oppositional declarations in the Constitution, the Nigerian Constitution, clearly potentially victimizes every girl in the country.
As it stands now, no one is sure of what represents the highest supreme law on this issue in Nigeria. But in the case of Nigeria’s Constitutional parent, America, its Rule of Law bars any religious test to anything, including marriage.
So what needs to be done is not an easy answer but if it true that Nigeria is a “religious society” as proclaimed by President Jonathan, every religious faith is free to decide what constitutes marital arrangements under the ideologies of their faith.
Along the same lines, the government should be free to use its statutory power to reject or accept any marriage in terms of legal recognition.
To avoid any one circumventing the legal process in family/ marriage rights, a new national definition of marriage or marriage protection amendment is warranted.
Also, the legislative bodies and the Supreme Court should make it clear to persons of all faiths or non-faiths that they have the absolute right to believe in their beliefs.
But the liberty to act out those beliefs must not intimidate the safety of a democratic society. Most especially, religious beliefs must not threaten any one deemed psychologically, biologically and communally vulnerable.
So if Nigeria wants to preserve its democracy it should tell everyone what marriage law supersedes different religious marriages?
The people need to know directly from the President if on a federal level, marriage is legally defined as between two adults? For example, do he and she have to be at least of 18 years old irrespective of religious/ethnic background? Also, does such legal mandate apply to all Nigerian States?
Also, should another State be compelled to recognize an adult –child marriage performed in another State like the Qur’an toeing Katsina or Sokoto.
How would such an inter-State movement turn out, for example, as it relates to a purported pregnant Muslim girl child of about eleven and half years old being able to benefit from family medical leave from her school in a predominantly non-Muslim State like Enugu?
How would such situation work out, for example between her 51 years old husband and a secular or a Christian physician, and the Headmaster of her school?
It is certainly difficult to predict what type of road lies ahead on matters like child marriage.
But as long as Nigeria functions as one part of a Global democracy where the safety and liberty of the susceptible is constantly being affirmed the President, the Supreme Court and the federal/State legislatures cannot just push this matter aside.
We are looking at a situation that could threaten the overall unity of the people and rip apart the collective future of the Nigerian Republic.
~ By John Oshodi
John Egbeazien Oshodi, Ph. D, DABPS, FACFE, Clinical/Forensic Psychologist and the Interim Associate Dean of Behavioral Science, Broward College, Coconut Creek, Florida. joshodi@broward.edu
Now, the National Agency for Prohibition of Traffic in Persons and Other related matters (NAPTIP) have apparently uncovered the inherent conflict surrounding the constitutional declarations on Child right’s law.
As a consequence it appears unable to gather adequate legal evidence to charge Senator Ahmed Sani Yerima of Zamfara State to Court. However, it has reportedly ‘zoned’ or referred the matter to the Federal Ministry of Justice.
Assuming the Ministry of Justice will follow up with the case it will have to look at the apparently hurriedly prepared Nigerian Constitution of 1999; known for its mark of the three Axis of Religion in regard to family affairs.
Firstly, there is the Customary or Tribal practice, which allows an innocent girl to be plucked up into a marriageable life with an adult male. A marital arrangement that is usually secured through a monetary exchange and consent from the girl’s parents, the father in particular.
Secondly, there is the Islamic side of the Constitution that protects the rights of Muslims. One of the liberties is the right of an adult male to marry a girl of any age.
Lastly, there is the Euro-American/Judeo-Christian type proclamation in the Nigerian Constitution known as the Child’s Right Act which authorizes a marriage only if the female is not below the age of 18 years.
Clearly, this Axis of legal-religious declarations in family law leaves the Constitution in a state of an embattled document.
In describing the U. S. Constitutional system, a system taken on by Nigeria, President Barack Obama noted in his world wild speech in Turkey in April of 2009, that “America in not a Christian, Jewish or Muslim Nation”.
Exactly, a year later, President Jonathan, in his acting capacity asserted in a CNN interview with Political Anchor Christiane Amapour in April, that “We (Nigerians) are a very, very religious society”.
Some days later, following Jonathan’s religious affirmation in Washington, D.C; Senator Ahmed Sani Yerima confirmed in a BBC interview that “As a Muslim, as I always say, I consider God’s Law and that of his Prophet above any law”. “I will not respect any law that contradicts that and whoever wants to sanction me for that is free to do that” “ I don’t care about the issue of age since I have not violated any rule as far as Islam is concerned”.
In this regard the split minded Nigerian Constitution protects his religious rights that allow him to marry any innocent female girl of any age. Sections 37 and 38 of the 1999 Constitutional law of the land appear to guarantee his Islamic beliefs on marriage.
As far as Senator Yerima is concerned, the Judeo-Christian clothed Child’s Rights Act of 2003 that is anti-child marriage, as it relates to marriage to any female below 18 years is an invasion of his right to privacy. He views the Child’s Right Act as an antithesis to his right to propagate, and an infringement on his family make- up.
In the face of these inherent ambiguous, equivocal or oppositional declarations in the Constitution, the Nigerian Constitution, clearly potentially victimizes every girl in the country.
As it stands now, no one is sure of what represents the highest supreme law on this issue in Nigeria. But in the case of Nigeria’s Constitutional parent, America, its Rule of Law bars any religious test to anything, including marriage.
So what needs to be done is not an easy answer but if it true that Nigeria is a “religious society” as proclaimed by President Jonathan, every religious faith is free to decide what constitutes marital arrangements under the ideologies of their faith.
Along the same lines, the government should be free to use its statutory power to reject or accept any marriage in terms of legal recognition.
To avoid any one circumventing the legal process in family/ marriage rights, a new national definition of marriage or marriage protection amendment is warranted.
Also, the legislative bodies and the Supreme Court should make it clear to persons of all faiths or non-faiths that they have the absolute right to believe in their beliefs.
But the liberty to act out those beliefs must not intimidate the safety of a democratic society. Most especially, religious beliefs must not threaten any one deemed psychologically, biologically and communally vulnerable.
So if Nigeria wants to preserve its democracy it should tell everyone what marriage law supersedes different religious marriages?
The people need to know directly from the President if on a federal level, marriage is legally defined as between two adults? For example, do he and she have to be at least of 18 years old irrespective of religious/ethnic background? Also, does such legal mandate apply to all Nigerian States?
Also, should another State be compelled to recognize an adult –child marriage performed in another State like the Qur’an toeing Katsina or Sokoto.
How would such an inter-State movement turn out, for example, as it relates to a purported pregnant Muslim girl child of about eleven and half years old being able to benefit from family medical leave from her school in a predominantly non-Muslim State like Enugu?
How would such situation work out, for example between her 51 years old husband and a secular or a Christian physician, and the Headmaster of her school?
It is certainly difficult to predict what type of road lies ahead on matters like child marriage.
But as long as Nigeria functions as one part of a Global democracy where the safety and liberty of the susceptible is constantly being affirmed the President, the Supreme Court and the federal/State legislatures cannot just push this matter aside.
We are looking at a situation that could threaten the overall unity of the people and rip apart the collective future of the Nigerian Republic.
~ By John Oshodi
John Egbeazien Oshodi, Ph. D, DABPS, FACFE, Clinical/Forensic Psychologist and the Interim Associate Dean of Behavioral Science, Broward College, Coconut Creek, Florida. joshodi@broward.edu
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