By Professor Abiola Sanni SAN
The piece by Sylvester Udemezue Esq has revealed missteps which clearly show that the suspended SG has not been given a fair hearing. The constitutional imperative (under s36 1999 Constitution, NBA Constitution and rule of natural justice), cannot be circumvented on the basis of emergency power or expediency.
This development has perhaps revealed a lacuna in the NBA Constitution on Exco exercise of NEC power in emergency situation. Exco should be able to recommend or call emergency NEC meeting by leveraging technology in this modern time. Future constitutional amendment should consider a specific provision for emergency NEC meeting in exceptional circumstances such as this. Who knows, the same procedure may be used to suspend the President in future for whatever goes round comes round.
Whatever the “sins” of the SG might be, she has a right to respond to specific allegations made against her before she was suspended.
So far she seemed to have creditably acquitted herself in her defence to the contents of the letter by the President on her position on the proposed amendment of the NBA Constitution. As desirable as the LATE proposed amendments may be, they can always be handled by the incoming administration since government is a continuum.
I believe that the Exco’s mishandling of the process shows that the members were rattled or unsettled by the SG’s defence. They chose to “deal with the renegade/ bastard” rather than responding to weighty issues of facts, law and logic in her defence. As it were, her defence remains unchallenged.
Why wait till now to subject her to disciplinary procedure if she had committed a litany or series of misconduct in the past which may be true or false? The point is that she deserves a fair hearing before she is treated with ignominy. Any lawyer of her age and experience in her position is expected to fight back.
As a student of constitutional law, it is better in my view to always err on the side of fair hearing.
It may be better to work towards reconciliation of warring parties and avoid further escalation which will blight an otherwise sterling tenure of the current administration. This is a true test of leadership which I pray the President will not miss at this injury time. Otherwise, we should await another locus classicus on fair hearing in our jurisprudence which will not be bad anyway.
Professor Abiola Sanni SAN
