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| Richarmond O. Natha-Alade |
It is no longer news that one of
the brawls that characterized the 8th National Assembly was the alleged
‘stealing’ of the mace, which is deemed to be the symbol of authority of the
Senate by Senator Ovie Omo-Agege, the Senator representing Delta Central
Constituency.
The Senator was alleged to have
dashed into the National Assembly complex, particularly at the Senate floor
during its plenary session sometime in April, 2018 with some unknown men in the
course of proceeding, and by joint action, Senator Ovie omo-Agege rescued the
mace of the National Assembly from the sitting senators. Although, this
singular conduct was adjudged to be stealing by many of the parliamentarians
and Nigerians home and abroad. I simply put, all the critics are simply
ignorant of the law.
All along, I had watched in amazement
the brazen castigation and all-manner opprobrium the action by senator Ovie
Omo-Agege attracted, which I belief are highly uncalled for, having been rooted
in ignorance and sentiments. I make bold to say that since our value system had
degraded and many Nigerian institutions are now treated with contempt and
ridden with utmost dishonour, everyone must continually live to live with the
consequences.
Against all odds, Senator Ovie Omo
Agege is not a mace thief, but a mace rescuer and saviour of the nation from
the anarchy and lawlessness of the 8th Nigerian Senate led by
Senator Abubakar Bukola Saraki.
In actual facts, Omo-Agege who is
now the newly elected Deputy Senate President of the 9th Assembly ought
to have been celebrated, crowned with gold, decorated with bronze laden with
diamonds and given national honour for his bravery and uncommon stand in
rescuing our parliamentarians from doom.
Unfortunately, the lawmakers who
are supposed to know better cannot differentiate their left from right as long
as they were led by Bukola Saraki, who had at all time been adjudged to love himself
far more than the nation and people he leads. His actions and inactions against
President Buhari and the entire nation in the course of his leadership as the
Senate President of the 8th NASS speak volume.
The law is clear on whose shoulder
it lies to enforce all judgement of court and on whose duty it is to defend the
constitution and promote Rules of law.
The constitution of the Federal
Republic of Nigeria, 1999 (as amended) empowers all men and institutions to
enforce the order of court, defend the constitution and promote rule of law.
Section 287(3) of the Constitution of the
Federal Republic of Nigeria, (1999) as Amended give illustrative directive on
how court orders and judgements can be enforced and same had been given
plethora of judicial imprimatur.
The Supreme Court in the case of NGERE & ANOR v. OKURUKET & ORS
(2014) LPELR-22883(SC) (Pp. 19-20,
paras. G-D) re-enforce the provision of Section 287(3) of the constitution of
the Federal republic of Nigeria where Per Rhodes-Vivour ,J.S.C in a lead
judgement held as follows:
“Section 287(3) of the Constitution reads:
"(3) The
decisions of the Federal High Court the National Industrial Court, a High Court
and of all other Courts established by this Constitution shall be enforced
in any part of the federation by all authorities and persons, and by
other Courts of law with subordinate jurisdiction to that of the Federal High
Court, the National Industrial Court, a High Court and those other Courts,
respectively."
“The judgment of a Court of competent
jurisdiction subsists until upset on appeal. While the judgment subsists,
every person affected by it or against whom an order is made must obey it even
if it appears wrong. Judgments take effect immediately they are delivered and every Court has inherent power to
proceed to enforce judgments at once. The enforcements on delivery can
only be interrupted by a stay of execution provided there is an appeal." Per
RHODES-VIVOUR ,J.S.C
Applying facts to the above provision
of law vis-à-vis the issue under discuss, you will recall that, during the term
of the 8th Senate, there was an inordinate suspension of Senator
Ovie Omo-Agege for performing his duty as a man of his party and as senator
lawfully representing his constituency; during which he accused many APC senators
including the Senate President, Abubakar Bukola Saraki (before he decamped) at
the floor of the Senate, of working against the interest of President Buhari
and that of the nation by adopting the amendment to Section 25 of the Electoral
Act outlining change in sequence of election. Although, the amendment was later
vetoed by President Buhari, Senator Ovie Omo-Agege was hacked, smacked and
suspended by the senate in an indistinctive voice votes, for making such accusation
at the floor of the Senate; as same was seen as anti-parliamentary by Bukola Saraki
and other senators.
The inordinate suspension of
Senator Ovie Omo-Agege led to a court action which was a success. By his legal
battle against his suspension, court nullified same by pronouncing the
suspension unconstitutional with the consequential order that Omo-Agege must be
reabsorbed into the Senate forthwith without any hindrance and all his
entitlement paid. The said order was not appealed against, no stay of execution
was filed in respect of same and yet same was not fully complied with by the
Senate, having pronounced the court order as under review; hence, the justification
of Omo-Agege enforcing same in person in line with the provisions and letters of the law by
rescuing the mace of the senate from the lawmakers in the course of proceedings.
By the intent and purport of
section 287(3) of the constitution, I see nothing wrong; morally or legally
from what Omo-Agege did. I therefore differ in entirety from the millions of Nigerians
who are enraged and of the critic vie that he stole and/or did the abominable.
Omo-Agege simply defended the constitution and by his conduct upheld the
sanctity of the institution of justice.
We need more positively driven
brave-hearted Nigerians like Omo-Agege to speak senses into the lawless lawmakers; characterized and typical of the past National Assembly and States House of
Assembly leadership; all along always believed they are above the law once they enter
into their chamber.
Take it or leave it, Omo-Agege is
loved by his people having came out to contest from APC in a state dominated by
PDP and still won despite the fact that the nation experienced for the first
time, an unprecedented massive sack of the NASS members generally perceived to
have failed woefully and constituted themselves as the enemies of the nation
Nigeria. The world celebrates the reasonably brave individuals; the reason
Omo-Agege won again and convincingly.
In person, I am happy Omo-Agege
made the 9th Senate, not just as member but as a principal officer
of the Senate. He is not a mace thief; He is the rescuer of rule of law and one
of the critical life-lines to the good leadership we are enjoying under President Buhari. I wish him well as I pray that he succeeds all the way.
Law and morality are two parallel
lines, Omo-Agege fulfilled both; debate it if you can.
Richarmond O. Natha-Alade is a legal
Practitioner and Principal Partner at
Sun Natha-Alade & Partners (SNATHAP)
lordricharmond@gmail.com
www.snathap.com
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