Restructuring: The Constitutional Powers Of The President.

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A Warri based rights activities and lawyer, Oghenejabor Ikimi has reacted to claims by President Muhammadu Buhari that the National Assembly and the National Council of State are the legitimate and appropriate bodies for national discourse as false saying, “by virtue of his position in accordance with the constitution, Mr. President has the powers to discourse the unity of Nigeria.”
President Buhari in a broadcast last Monday, while reacting to the clamour for restructuring in the country, had said: “The National Assembly and the National Council of State are the legitimate and appropriate bodies for national discourse.”

Reacting to the comments by Mr. President, Ikimi explained that by the virtue of his position as Head of State, Chief Executive of the federation and Commander-in-Chief of the Armed Forces, he has the constitutional powers and fiat to initiate any national discourse on the social contract that could bind Nigerians together.

 He said: “I wish to pontificate without mincing words that President Muhammadu Buhari by virtue of his position as Head of State, the Chief Executive of the Federation and Commander-in-Chief of the Armed Forces of the federation vested with executive powers of the federation in accordance with Sections 5(1) (a) and 130(1) & (2) of the 1999 Constitution as amended, has the constitutional powers and fiat to initiate any national discourse on the social contract that could bind us together as a nation including but not limited to the vex issue of restructuring our nation along the lines of true fiscal federalism within our present democratic framework via a constituent assembly or a constitutional conference in a bid to producing a brand new people oriented Constitution to guarantee unity, peace and progress in our country.

 “I agree with the Presidency that while Nigerians are free to comment on the vex issue of restructuring, calling President Muhammadu Buhari an enemy of Nigeria by some faceless persons on the social media was indeed in bad taste and I condemn same as satanic, but I however differ with all sense of responsibility with the press statement from the presidency to the effect that it is only the National Assembly and the Council of State that can handle agitations for restructuring and other constitutional changes in the country.” Puncturing claims of Buhari that the National Assembly and the National Council of State are the legitimate and appropriate bodies for national discourse, Ikimi said: “By Sections 4(2) (4)(a) of the 1999 Constitution as amended, the National Assembly can only make laws for the peace, order and good government of the federation in respect to matters included in the exclusive and concurrent legislative list as set out in part 1 and the first column of part II of the second schedule to the 1999 Constitution as amended.”

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