The Nigerian Bar Association (NBA) has said that President Bola Ahmed Tinubu is legally the winner of the 2023 presidential election.
The body of lawyers said it was wrong for anyone to refer to Tinubu as an illegal president since his declaration by the Independent National Electoral Commission (INEC) has not been set aside by the Presidential Election Petition Tribunal.
Recall that the presidential candidates of the Peoples Democratic Party (PDP), Atiku Abubakar and Peter Obi of the Labour Party, are challenging INEC’s declaration of Tinubu as the winner of the February 25th presidential poll at the tribunal.
Reacting to a series of controversies surrounding the position of many Nigerians, and responding to questions during the presentation of a communique of the 63rd annual NBA conference in Abuja, NBA president, Yakubu Maikyau, dismissed insinuation that Tinubu is an illegal president.
He stressed that the insinuation could only be true when the court affirmed the petitions challenging his victory are true.
“As at today, there is only one president and Commander-in-Chief of the Armed Forces in the person of President Bola Tinubu,” he said.
We Are Misleading The People
Maikyau insisted that since Tinubu did not get to the presidential villa of his own volition but through what the constitution says and according to the body empowered to pronounce him as the winner of the process through which he won, he cannot be referred to as an illegal president.
According to him, such insinuation is considered as misleading the people.
Speaking on the controversy over his visit to President Tinubu at the Presidential Villa, Maikyau said it was unnecessary because his action did not contravene the constitution.
He said: “It is based on the provisions of the Constitution and the relevant extant laws promulgated by the National Assembly. No, we have the constitution. We have the Electoral Act, it prescribes everything. And then, we have the Evidence Act, which says that if a declaration is made by a public officer, that declaration is presumed to be right. And that everything needed to be done for that to happen had been done. There is nowhere you will find any law that says because an election is being challenged, then a person’s election that is being challenged is an illegal government, is unconstitutional.
“That is wrong, that is absolutely an abdication of our responsibility to give direction to the people of the country. We are misleading the people. And let me tell you, we (lawyers) are very influential because of the position we hold because the people of this country expect us to guide them on the provisions of the law.
“That is why we must be measured in the way we speak. We can’t afford to speak anyhow because of that responsibility. So, please, I went to the president because today, there is only one president and Commander-in-Chief of the Federal Republic. If you are a petitioner in the Election Petition Tribunal, the law calls you a petitioner, not president.
“And that is the law. If there’s anybody who questions this position of the law, let me know. So, that is why we went to him. We are very cultured people, if the law says this is what it is, we will follow it.”
The NBA called on the federal and state governments to refocus efforts on infrastructure development, improve power generation, improve agricultural productivity, and expand jobs in rural areas.
It also said there should be greater attention on youth employment through education and entrepreneurship skills training.
Reading the communique of the body of lawyers, Maikyau said: “Conference issued a cautionary message, highlighting the diminishing relevance of Nigeria’s current natural resources in the face of the imperative shift towards renewable energy solutions driven by climate change concerns. It stressed the urgency of embracing the new economic realities of the 21st century that will overshadow the significance of present natural resources.
“Beneficial policies for the revitalization of the Nigerian economy must be formulated and implemented for the sake of not just the current generation but for future generations as well. Some of these policies may have consequences that are not immediately comfortable but will be beneficial for the overall economy and in the long term. Citizens are therefore encouraged to be patient in the renewed hope for the development and growth of the economy of this great nation.
“The importance of a strong, independent judiciary was emphasised. The conference affirmed the need for an urgent upward review of judicial remuneration. The conference recommends the separation of Judicial Remuneration from the public sector, including the removal of the remuneration of judicial officers from the purview of the Revenue Mobilisation Allocation and Fiscal Commission (RMAFC.)
“Conference also recommended an independent salary scale for judicial officers, and that urgent attention be paid to the plight of magistrates and other lower court judges.
“The Conference recommended that the federal and state governments extend financial support to pro bono schemes in Nigeria to bolster their effectiveness.”
That there must be collaborative efforts between the Nigerian Bar Association and other relevant stakeholders to enhance the provision of pro bono services and narrow the gap in access to justice.
On security, the conference recommended practical strategies to address security concerns. These include community involvement in policing, youth engagement through job creation, enhanced regional cooperation, media sensitization, comprehensive police reforms, religious school regulation, strengthening the judiciary, and observance of human rights. The adoption of State security forces, proper land management, international resource acquisition, and meticulous implementation of approved plans were also suggested.
In addition, the NBA urged citizens to actively contribute to combating insecurity by being vigilant and speaking up. It called on the legal community to explore ways of enhancing Nigeria’s access to finance to support the fight against insecurity. Overall, the Conference underscored the need for comprehensive, multi-faceted efforts to address the nation’s challenges.
The association further recommended legislative intervention to address gaps in the Armed Forces Act and other legal frameworks, enhancing regulations and accountability for military personnel involved in low-intensity conflicts.
