As the conferment of posthumous award on M. K. O. Abiola continues to generate ripple across the country, Akwa Ibom Attorney-General and Commissioner for Justice, Uwemedimo Nwoko said from the point of law, President Muhammadu Buhari was not justified in doing so.
This is even as a former Chief Justice of Nigeria (CJN), Justice Alfa Belgore, a one-time chairman of the National Honours Award Committee, had averred that the award of Grand Commander of the Federal Republic (GCFR) cannot be bestowed posthumously, except on soldiers or other servicemen for bravery.
Nwoko, who is a graduate of University of Calabar, argued “From the point of law, I don’t think he is justified. The problem with this government is that they commit all the errors and then look for how to patch them.”
Commenting on the award, the constitutional lawyer with about 30 years in practice noted “The conferment has no strict precedent but it has procedure. There are many issues that are taken into consideration before the award is conferred. In this case in point, the president has put on hold Public Holidays Act.”
Speaking with Straightnews in a telephone interview Friday, he recalled that “Part of the pronouncement the president made- Public Holidays Act- shows he knows that the law does not empower him to declare the public holiday without an amendment to the act. Somehow because of what I consider as current exigency, my calculation is that in self-evaluation , All Progessives Party, APC, has honestly devaluated his performance and came to the conclusion that the president has failed Nigerian people.
“And so there is this desperate effort to clutch at every straw, and try to launch him back to acceptability in every area of the country, including subtle and deliberate breaches of exit doora. It is the desperate action of a sinking government riding on the highly depleted capacity of political parties. There is so much to look at, coming at the conclusion where they acted rightly or wrongly.”
Supporting this position, Hamid Ajibola Jimoh, human rights lawyer described it as illegal for the president to posthumously honour the dead who are by their death ex-Nigerian citizens.
“Such award is contrary to Section 2(1) of the National Honours Act 2004 (As amended). Only a living Nigerian citizen can be so awarded under the Act,” he said.
“The president lacks the constitutional or legal power to declare an election or the cancelled election in favour of Chief M.K.O. Abiola either directly or by implication as winner and such declaration is invalid, illegal, unconstitutional, null and void,” Jimoh added.
However, Bassey Edet did not support the position of Nwoko and Jimoh that the president is not constitutionally empowered to confer the posthumous award on Abiola.
Edet, a legal practitioner said “It is within the office of Mr. President to do so. Afterall, if the people recommend it, he is still the one to approve. If the award committee recommends any award and he does not approve, it tantamount to nothing. So, the president has exclusive preserve or prerogative right either on his own or through recommendation to bestow that award on anyone he deems fit to be so honoured.
“In a nutshell, I cannot substantiate my position with the relevant section of the constitution, but I have heard it from the senior lawyers who are actively practising and have laid the legal framework. Whatever I am telling you, I gathered from the mass media and social media, but I align myself with Femi Falana, the human rights lawyer.
Asked if Belgore is more competent to comment on this Act, he said “The law is subject to interpretation by learning. It does not mean because Belgore used to be the chairman of the award committee, he has superior understanding of the law. That does not bestow exclusive knowledge of the law on him. Any lawyer who has time to read through extant laws can pick up information to justify whatever position he takes.”
“I support the action of the president. There is what sociologists call social healing or social engineering where the president does something that brings about healing in the society. June 12 that was swept under the carpet by previous administrations in the country brought so much tension. By this singular action, healing has been brought to the country about June 12,” Edet maintained.
Jiti Ogunye, human rights and constitutional lawyer said: “There is no provision in the National Honours Act, Cap N43, Vol. 11, LFN, 2004 which supports the proposition or view that a national award cannot be made post humously in Nigeria. There is no specific provision in the Act prohibiting such post humous bestowal or investiture.
On the contrary, a careful perusal of the provision of Article 3 (3) of the Act clearly indicates that the President may dispense with the provision of Article 3 (2) of the Act, which requires that the recipient of the award appears in person at an investiture. Article 3(3) says that the President” may direct that that person shall be appointed to the rank in question in such a manner, as may be specified in the direction.”
“In other words, the physical presence of the person may be dispensed with, if situation and circumstances warrant it. We contend in this regard that a Nigerian citizen, be he a soldier or a leader , held in enemy territory , if and when Nigeria is at war with the country holding such a person may be presented a national award , through a representative or next of kin, in his absence . Thus, physical appearance at the investiture is not compulsory, if such a presence is waived in the instrument nominating the person for the award.
What does 2004 National Honour Award Act (as Amended) say?
“Subject to paragraph (two) of this article, a person shall not be eligible for appointment to any rank of an order unless he is a citizen of Nigeria,” section I, paragraph one of the act read.
“A person other than a citizen of Nigeria shall be eligible for appointment as the honorary holder of any rank of an order, and appointments made in pursuance of this paragraph shall be disregarded for the purposes of paragraph (three) of the foregoing article.
“Subject to the next following paragraph of this article, a person shall be appointed to a particular rank of an order when he receives from the president in person, at an investiture held for the purpose-
(a) the insignia appropriate for that rank; and
(b) an instrument under the hand of the president and the public seal of the federation declaring him to be appointed to that rank.”
Interpretation
The words that could raise questions on whether the honour can be given to a deceased person are “receives from the president in person”.
This can be loosely interpreted to mean that whoever is to be given a national honour must be physically present at the investiture ceremony.
However, the Act is silent on if the award can be received by proxy or posthumously.
