Is Interim Government Constitutional? Top Nigerian Lawyer Explains
- A top Nigerian lawyer has reevaled the real reason why the interim government should not be installed ahead of Bola Tinubu's swearing-in ceremony
- Ahead of the May 29 handover ceremony of the president-elect, the legal practitioner explained that the suggestion for an interim government is tantamount to a call for a military takeover of the country
- Barrister Oluwole Olukunle Moses, who is also a political analyst, however, maintained that the plot should be condemned noting the idea, is unconstitutional
Ahead of the Monday, May 29 handover ceremony of the president-elect, Asiwaju Bola Ahmed Tinubu, a Nigerian lawyer has revealed why the interim government plot should be looked into critically.
In a chat with Legit.ng on Friday, April 14, Barrister Oluwole Olukunle Moses revealed the identities of "key players in the polity", who are behind the plot in the country and as well how interim government alarm, if unattended to could lead to an uprising in the land.
Source: Facebook
Lawyer reveals why Interim government should be condemned
The legal practitioner noted that such an idea after the winner of the February 25 election has been declared is strange and unconstitutional.
PAY ATTENTION: Сheck out news that is picked exactly for YOU ➡️ find the “Recommended for you” block on the home page and enjoy!
Barrister Moses noted that championing such an idea are people who are not happy with the outcome of the presidential poll and the role of INEC as he noted that the idea should be condemned.
He said:
"The idea of interim government being muted by some persons after the announcement of the winner of the 25th February, 2023 presidential election it's not only aberrant but also unconstitutional.
"The suggestion of an interim government in Nigeria is tantamount to a call for a military takeover and establishment of fascism in the country that is govern by constitution.
"Permit me to say that this interim government clamour is repulsive and off putting and it is champion by those people who were smoldered by the disillusionment believed to have been created by INEC in the just concluded election. This, no doubt is unconstitutional and should be condemned with no reservation."
Under what conditions can an interim government be formed?
Speaking further on the development, Barrister Moses explained the condition that could lead to the formation of an interim government.
He noted that the suggestion of the interim government contradicts the Nigerian constitution and no law in Nigeria currently supports the idea.
Barrister Moses opined thus:
"Like I said before, the suggestion of interim government in Nigeria is contradictory to the provision of the constitution and therefore there is no law currently in Nigeria that supports the idea and therefore there is no stipulation of the law that spell out the condition for the existence of an interim government in Nigeria."
Barrister Moses further explained what the Nigerian law says about interim government as well the idea that brought its existence to the land.
"The idea is always synonymous to military regime and it always surface when there is transition from a military government to another military government or civilian government, as the case may be. But since the emergence of democracy in Nigeria and the promulgation of the constitution in 1999, the idea of interim government in Nigeria became ceased and was completely rooted out by the provision of section 1(2) of the Constitution of the Federal Republic of Nigeria(as amended) which provides that “the Federal Republic of Nigeria shall not be governed, nor shall any person or group of persons take control of the Government of Nigeria or any part thereof, except in accordance with the provisions of this Constitution.” By virtue of this provision no persons or group of persons in the name of an interim government or in any another nomenclature can govern Nigeria except through an electoral process organized in accordance to the provision of the constitution," The legal luminary noted.
Arewa elders reveal reason Tinubu must be sworn-in on May 29
A coalition of Arewa elders has insisted that the president-elect, Asiwaju Bola Ahmed Tinubu, must be sworn in on Monday, May 29, 2023, having met the constitutional requirement to win the February 25 presidential election.
The elders' made this assertion while cautioning those calling for an interim government in the country to desist forthwith.
The group's position was contained in a communique read by Suleiman Usman Jere, chairman of the coalition, at the end of a meeting on Tuesday, April 11, in Kaduna.
2023 elections: Primate Olabayo warns against post-election violence
The founder and primate of the Evangelical Church of Yahweh Worldwide, Theophilus Olabayo, has warned against post-election violence in Nigeria.
Speaking to select journalists, including a Legit.ng reporter recently, Primate Olabayo alleged that some people plan to create chaos and unrest.
He, however, insisted that despite the plans of a few people, the president-elect, Bola Tinubu, will be sworn in as Nigeria's next leader.
Source: Legit.ng
