•The Chief Law Officer should obey the principle of separation of power
The Attorney-General of the Federation, Alhaji Abubakar Mallami, a Senior Advocate of Nigeria, has once again taken an action deemed to violate provisions of the constitution, and thus drawn the ire of members of the House of Representatives.
Following the division in the Kogi State House of Assembly and its inability to conduct the law-making responsibility in accordance with the law, the House of Representatives sent a 10-member panel to investigate the impasse and advise the House on what should be done. The panel recommended that, in line with section 11 of the constitution, the House of Representatives should take over the law making function of the state assembly in the interest of good governance.
Further, the House directed the Inspector-General of Police, Mr Solomon Arase, to seal off the House of Assembly Complex to forestall a breakdown of law and order as two factions of members were in open conflict.
All attempts previously made by the ruling All Progressives Congress (APC) and stakeholders to resolve the crisis failed. A faction loyal to Momoh Jimoh Lawal and believed to be sympathetic to the cause of James Faleke, a Representative comprises a majority of 15 of the existing 20 members. The members have however been barred from gaining access to the chamber. However, five members believed to be loyal to Governor Yahaya Bello purportedly impeached the Speaker and has been encouraged to make laws for the state.
The political undertone is understandable, but not the intervention of the AGF in instructing the Inspector-General of Police to ignore the National Assembly’s resolution. The AGF based his position on the provision of section 11 of the constitution. The senior lawyer said the constitution only envisages a take-over when there is violence in the state.
It is curious that the AGF volunteered his opinion uninvited on the matter. Neither the House of Representatives nor the IGP had sought his counsel. This suggests that there is more to the unsolicited legal opinion. The National Assembly has taken a strong exception to the interference and directed a 22-member ad hoc committee to look into the matter, interface with the AGF and the IGP and report to the House.
The constitution envisages that knowledgeable, experienced and sober senior members of the Bar should hold the office of the AGF. He is not only the Chief Law Officer; he is also the legal adviser to the President. He is the Minister of Justice and is expected to put the interest of the country and professionalism above partisan consideration. This does not seem to have been the case in the Kogi logjam.
When the crisis erupted last year, the AGF was quick to offer an opinion on what should be the line of action in deciding who should be candidate of the APC in the concluding part of the election. Despite the Independent National Electoral Commission (INEC) having a legal department and referring critical matters to a consortium of senior lawyers, the AGF controversially literally gave an order that enabled the APC shove aside the running mate to the late Prince Abubakar Audu, picking rather Alhaji Yahaya Bello.
We call on President Muhammadu Buhari to caution his AGF. He should be told to act within the confines of the law and the powers of his office. At a time when there appears to be tension between the executive and legislative arms of government, the AGF should not be seen as taking actions to denigrate the lawmakers. Besides, we reiterate our position that the office of AGF should be separated from that of the Minister of Justice. As a member of the President’s cabinet, the minister might feel drawn into political consideration. The Kogi impasse should attract the attention of all men of goodwill who accept that the primary purpose of government is promotion of the welfare of the people and security of lives. The Kogi people deserve more than the AGF is offering.
Credit: The Nation
