Afe Babalola Fires Back At Critics, Says Interim Government Proposal Not Illegal

By John Ikani 

Legal Luminary, Afe Babalola says his proposal for suspension of the 2023 elections and installation of an interim government to deliver a new constitution is not illegal, stressing that it is constitutional.

Babalola, who is the founder of Afe Babalola University (ABUAD), made the assertion while speaking on Channels TV’s Newsnight Show on Monday monitored by Heritage Times.

Backstory

The 1999 Constitution has been traumatised by series of problems and controversies right from its inception on May 29, 1999 with many pointing that it is far from being a true reflection of the will of the people.

In particular, the federal structure of the constitution as it relates to certain sensitive national issues has been the subject of numerous debates and arguments.

Also, provisions of the 1999 constitution for the nature of leadership and its recruitment process have been faulted by many.

Babalola had last week stressed the need for Nigeria to suspend plans for the 2023 general elections and opt for a stop-gap interim government for six months to install a new constitution.

Speaking at a media briefing held at the Afe Babalola University in Ado Ekiti, the Ekiti State capital, Babalola raised fears that using the current constitution to conduct another election in Nigeria would only reproduce the faulty leadership, high rate of insecurity, plummetting economy and other malaise currently plaguing the country.

In a bid to put an end to the continuation of such a situation in the future, the legal icon stressed that a new constitution has become an urgent need.

“As soon as the President, the present government completes its term, do not hold a new election,” he proposed.

“Rather let us have an interim government for a short period to discuss a new Constitution.

“If we allow the present constitution beyond 2023, what we will be getting is recycling leadership who will continue the old ways,” he said.

Interim Government proposal is backed by the constitution – Babalola

Babalola’s proposal attracted lots of criticism with many describing it as illegal, stressing that setting up an interim government would go against the constitution.

For instance, the Coalition of Northern Groups on Sunday said Babalola’s suggestion was “undemocratic and should not be taken seriously”.

The group in a statement issued by its spokesman, Abdul-Azeez Suleiman said the only acceptable, democratic norm for the transfer of power is through elections and nothing else.

Similarly, a former Attorney-General of the Federation, Mohammed Adoke, said Babalola’s proposal would truncate the country’s democracy. Saying it was too late to call for the suspension of the 2023 elections; Adoke noted that setting up an interim government would go against the constitution.

But appearing on Channels TV’s Newsnight show on Monday, the elder statesman said many have expressed opposition without understanding the basics of the proposal, adding that people against his proposal are beneficiaries of the present constitution which has among things failed to cater for Nigeria’s diversity, unlike the 1963 constitution.

According to him: “Interim government is an organ set up for a short period and created under diverse circumstances like regime collapse, negotiated agreement, special elections. Their mandate range from providing or restoring basic state services such as preparation of a new constitution or introduction of reform.

“Section 9 of the present 1999 constitution permits the National Assembly to alter a part, much or whole of the Constitution. What stops the parliament from altering the constitution to enact an interim government of six months to channel a new constitution?”

“My proposal has received national and international acceptance because it is not only constitutional but has been endorsed by Americans some of whom are coming to ABUAD to see me next week.”

While noting that he is aware of the ongoing process by the National Assembly to amend the 1999 constitution, Babalola said he wasn’t in support of such a process, stressing that “all amendments are peripheral and don’t deal with the crux of the matter. The reasons why they always opt for amendment is because they are benefiting from it.”