How Jonathan Signed Himself Into Trouble with Fourth Amendment Bill 2015

Ex-president resisted intense pressures to use impeachment, emergency declaration to annex more states ahead of 2015 polls

Sizzling details of some of the behind-the-scene power games during the five years reign of former President Goodluck Jonathan are beginning to surface, one of which was how the former president had already signed himself into trouble with the Fourth Amendment Bill 2015, if not for the last minute intervention by his former Minister of Justice and Attorney General of the Federation, Mohammed Bello Adoke.

Apart from this, the former president also endured intense pressure from prominent members of the political class, who wanted him to use his office to annex more states ahead of the 2015 general election, using the impeachment tool and the declaration of a state of emergency in supposedly vulnerable states.

Sharing some of these personal experiences in his latest book titled: “Burden of Service”, Adoke, who claimed to have travelled shortly after the 2015 elections, returned to his desk to discover the president had signed the Fourth Amendment Bill 2015, without running it by his office, as was the normal practice.

Unfortunately, by signing the controversial bill, initiated by the seventh National Assembly into law, it would mean that certain crucial powers of successive presidents would have been taken away and handed over to the federal lawmakers, the senate especially, because they were purely self-serving provisions, he argued.

For example, Adoke noted in his book that the law would have “taken away the power of the president to assent to constitutional amendments. That meant that the legislature would, on its own amend the constitution and it would become operational without the consent of the president of the Federal Republic of Nigeria.

“Two, the bill sought to make presiding officers of the National Assembly life members of the National Council of State. Only former presidents/Heads of State and Chief Justices of Nigeria were permanent members.

“Three, the bill sought to put presiding officers of the National Assembly on life pensions irrespective of the duration of their service. Four, the bill also granted immunity to the lawmakers in the same vein as the president, vice-president, governors and deputy governors”, he explained.

Ths, upon his return from his vacation shortly before the administration left office, Adoke said he had learnt that the president, apparently having stooped to pressure from vested interests, had not only signed the bill into law, it was waiting to be transmitted back to the National Assembly, when he halted the whole process.

“I quickly placed a call to the Senior Special Assistant to the President on Administration, Mr. Matt Aikhionbare, to confirm if, the president had signed the bill. Upon confirmation that he had, I requested Aikhionbare not to transmit the instrument to the National Assembly, as I needed to discuss some of the amendments with the president.

“I felt I owed a duty to the nation to prevent such a calamity as the amendments were fraught with irregularities and were done without due process. Immediately, I rushed over to the Presidential Villa. I met the SGF, Anyim, with the president. When I asked the president if it was true that the National Assembly had sent the constitution amendment bill to him and if he had signed it, he confirmed that he assented to the bill ‘a few minutes ago.”

With this clarification, Adoke said he quickly explained to him some of the contentious provisions in the amendments, which if not addressed, would be anti-development especially, the cost of catering to the life pensions of the lawmakers as well as conceding immunity to them, adding that a majority of the people would think it was deliberate on the part of the president because he had just lost an election, more so that he had a few days more in office.

“I further enumerated some other lapses in the bill, including the fact that the thresholds for amendments in respect of provisions of chapter two and four were not met; some policies verging on the fundamental objectives and directive principles of state policy, which are not justifiable, being in chapter two, were moved to chapter four, which made them justiciable. Moreover, I pointed out the economic and financial implications of the items being introduced by the bill”, he said.

It was at this point the president, according to him, knew he had just signed himself into trouble, particularly, having allegedly realised some of the far-reaching implications that the amendments connoted, such as the bifurcation of the office of the AGF and Ministry of Justice portfolio, of which he (Adoke) had been a strong advocate.

“The president looked genuinely surprised and promptly withdrew his assent. He directed me to prepare a memorandum, elucidating all the issues I had raised and why he would have to veto the bill. Then I pressed him for the reason he had not sent the bill to the ministry of justice, contrary to the usual practice.

“His response showed that he was put under pressure by certain senators to sign the bill as time was of the essence. Even as he made the explanation and handed me the bill to review, it still left a bad taste in my mouth to think that he would sacrifice the benefit of a sound legal advice on crucial amendments to the constitution on the altar of exigency.”

However, the news that he (Adoke) was the reason Jonathan withdrew his assent had allegedly set him against some of the senators, who were waiting to benefit immensely from the bill, including Senator Esther Nnenadi Usman, whom he claimed had gone to lie against him to Jonathan that he was a Buhari boy and that he was working in Buhari’s interest.

She was said to have buttressed her point to the president by accusing him of allegedly confiding in the then Deputy Senate President, Ike Ekweremadu that he was a Buhari boy and would do everything possible to protect the powers Buhari deserves to enjoy as president, adding that she came up with the story, because she had boasted to her colleague senators that she would get the president to sign the bill again into law.

Adoke, however, said he didn’t realise how much damage they had done to his person and his relationship with Jonathan until it dawned on him that the president had also bought into the lies that he was Buhari’s boy to the extent that he confronted him with the allegation.

“On May 12, 2015, we held the last National Security Council meeting under the Jonathan administration. After the meeting, the president asked me to see him in his office. There, he confronted me with the accusation that he was told I had prevailed on him to withdraw his assent to the amendments, because I was a Buhari boy.

“I found the allegation ridiculous. I was being accused of disloyalty by the very president to whom I had given my total and unalloyed loyalty. I was devastated and sad. Within myself, I went down memory lane, recalling some instances, when I could have betrayed him, but had stood firmly by him,” including the pressure to contribute to Buhari’s campaign like many of his cabinet members allegedly did but which he refused.

He said the leadership of the seventh National Assembly did not however give up on the bill as they went back to make some adjustments, leaving behind the life pension and immunity provisions. But while capitalising on time, he employed technical delay till it was impossible for the president to sign himself into trouble again.

“They kept calling me frantically to find out if the president had signed it, and I kept giving excuses. But I knew I was not going to advise the president to sign that bill. I knew that if the president had signed it, he would have signed himself into trouble. I knew that many stakeholders would have gone to court to challenge it. I refused.

“As at the night we went for the dissolution of the FEC, it was too late for the president to sign. I told him that the amended version was actually sent to me but that it was too late for him to sign. I advised him to allow the bill go to the next assembly to do the proper thing. That was how the self-serving bill ended up not being signed,” he narrated.

On some of the alleged surreptitious moves to get the president to annex as many states as possible, either through instigated impeachments or declarations of a state of emergency as part of moves to strengthen the Peoples Democratic Party (PDP), ahead of the 2015 elections, especially after the exit of some five governors and others had clearly affected the fortunes of the party, Adoke said his insistence on what was right had resented some power blocs to the extent that they openly pushed for his removal.

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