NIGERIA: POINT OF LAW AND CIVIL DISOBEDIENCE

NIGERIA: POINT OF LAW AND CIVIL DISOBEDIENCE

POINT OF LAW AND CIVIL DISOBEDIENCE

Barrister Austin Okeke Writes From South Africa

SECTION 60 of the 1999 Constitution (as amended) of the Federal Republic of Nigeria states that the National Assembly has the power to *MAKE ITS OWN RULES* which includes *SUMMONING AND RECONVENING* of the National Assembly.

The Constitution does not give the power or grant the right of summoning or reconvening of the National Assembly to the Judiciary, Executive or any other agency or body known and unknown to the Constitution.

SECTION 63 of the 1999 Constitution (as amended) of the Federal Republic of Nigeria states that the National Assembly shall *SIT* (i.e. in plenary) for *NOT LESS THAN ONE HUNDRED AND EIGHTY-ONE DAYS* in a legislative year.

From the above, the Constitution places the functions, duties and legislative agenda of the National Assembly squarely with the legislative arm and cannot be railroaded into reconvening except in event of *WAR* or other *NATIONAL EMERGENCY*.

It cannot be reconvened by force of arms, thuggery or brigandage. That is *NOT* prescribed by the Constitution.

To those anti-democratic elements harboring unconstitutional moves to forcefully do the unthinkable, they should be reminded that it requires only 35 members to initiate impeachment proceedings.

As a consequence:

One thing baffles me though; why can’t our legislators return home in a boycott of the National Assembly, just as their counterparts in Cameroon did a while ago.

Let’s see how Buhari and cohorts will be able to run the country without the Legislative Arm of government.

I know that if we continue to talk and talk, and no action, help would not come from anywhere. We must make the move first.

We must walk the talk.

The siege at the National Assembly on the 7th day of August 2018 in Abuja Nigeria has revealed a positive and revolutionary attitude of the traders, passers-by and all and sundry that rose and revolted in defense of the Constitution and the Legislature.

It is evident that Nigerians are in need of leadership. They currently have none.

Nigerians must cultivate the habit of protesting against any form of bad governance and poor or no service delivery.

At this point in our history, civil disobedience is the next strategy to apply; we have had enough speeches and declarations that cannot be actioned without mobilizing the masses.

Therein lie our strength and our might.

I thank you.

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Austin Okeke
Austin Okeke 33 posts

Barrister Austin Okeke Writes From South Africa

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