BY PROF NNAMDI OBIARERI
This is a to whom it may concern intervention done in overriding public interest. Caveat duly entered! Recent disturbing events in the polity suggest clearly that some State Governors in Nigeria do not remember that they swore a binding Oath of Allegiance and Oath of Office before assumption of office.
Perhaps, these Governors no longer remember the wordings of the said Oath of Office or they care less about violating or breaching the Oath of Office they swore and the dire consequences of such violations.
It is also not a remote possibility that many Nigerians do not know the exact and compulsory wordings of the Oath of Office of a State Governor hence the compelling need for this public enlightenment intervention.
As provided under section 185(1) of the Constitution of the Federal of Nigeria, 1999 as amended, a Governor of a State swears two oaths before assumption of office.
One is the Oath of Allegiance and the second is the Oath of Office fully prescribed in the Seventh Schedule of the Constitution.The Oath of Allegiance irrevocably compels a Governor of a State to be faithful and bear true allegiance to the Federal Republic of Nigeria and to defend the Constitution.
Given the incautious utterances, warmongering postures and injudicious actions of some State Governors, especially over the ongoing Naira redesign policy impasse, there is a compelling need to reproduce the exact [verbatim] wordings of the Oath of Office of a Governor as contained in the Seventh Schedule of the Constitution of the Federal Republic of Nigeria, 1999 as amended.
For ease of understanding, liberty will be taken to number the clauses of the Oath of Office consecutively. It runs thus-
*”OATH OF OFFICE OF GOVERNOR OF A STATE*
I, ……… do solemnly swear/affirm that I will be faithful and bear true allegiance to the Federal Republic of Nigeria;
that as the Governor of ……… State,
1. I will discharge my duties to the best of my ability, faithfully and in accordance with the Constitution of the Federal Republic of Nigeria and the law; and
2. Always in the interest of the sovereignty, integrity, solidarity, well-being and prosperity of the Federal Republic of Nigeria;
3. That I will strive to preserve the Fundamental Objectives and Directive Principles of State Policy contained in the Constitution of the Federal Republic of Nigeria;
*4. That I will exercise the authority vested in me as Governor so as not to impede or prejudice the authority lawfully vested in the President of the Federal Republic of Nigeria and so as not to endanger the continuance of Federal Government in Nigeria;*
5. That I will not allow my personal interest to influence my official conduct or my official decisions;
6. That I will to the to the best of my ability preserve, protect and defend the Constitution of the Federal Republic of Nigeria;
7. That I will abide by the Code of Conduct contained in the Fifty Schedule to the Constitution of the Federal Republic of Nigeria;
8. That in all circumstances, I will do right to all manner of people, according to law, without fear or favour, affection or ill-will;
9. That I will not directly or indirectly communicate or reveal to any person any matter which shall be brought under my consideration or shall become known to me as Governor of ……… State, except as may be required for the due discharge of my duties as Governor; and
10. That I will devote myself to the service and well-being of the people of Nigeria.
11. So help me God.”
Above represents the complete text of the Oath of Office of a Governor of a State. It is a solemn, binding and irrevocable undertaking.
Of particular interest is the allegiance contained in paragraph 4 of the Oath of Office above. Out of abundant caution, this is repeated to accentuate that a Governor of a State irrevocably obligates and swears “that I will exercise the authority vested in me as Governor so as not to impede or prejudice the authority lawfully vested in the President of the Federal Republic of Nigeria and so as not to endanger the continuance of Federal Government in Nigeria.”
How come then that some State Governors are by their deliberate actions and words impudently threatening the existence of the Federal Republic of Nigeria?
Notwithstanding the concise clauses of the Oath of Office, some State Governors are still brazen and reckless in taking actions or making pronouncements that flagrantly impede and prejudice the authority lawfully vested in the President of the Federal Republic of Nigeria.
Not a few Nigerians are worried that some State Governors are carrying on as though Nigeria has more than one President and Commander-in-Chief of the Armed Forces of the Federation.
These wilful disobediences and flagrant violations of the national constitution culminate to endanger the continuance of Federal Government of Nigeria contrary to the Oath of Allegiance and Oath of Office of a Governor of a State.
Much as a State Governor enjoys immunity under section 308 of Constitution of the Federal Republic of Nigeria, 1999 as amended but the Governor is not above the law.
A State Governor that commits criminal offences (as some are doing presently) is liable to be investigated while in office by the law enforcement agencies with a view to being arraigned for trial immediately on leaving office. Judgments of the Supreme Court bear out this legal position.
In the light of the foregoing, law enforcement agencies must wake up from their slumbers before megalomaniacs in public office run the remaining part of this beleaguered nation aground.
Breach of Oath of Office by a State Governor is an impeachable offence. By constitutional design, it is the sole responsibility of the State legislature to initiate impeachment proceedings against an erring State Governor.
Sadly, the State legislators are either not alive to their checks and balances responsibilities in this regard or are so emasculated that they are incapable of rising up in defence of the national Constitution which they swore to uphold as lawmakers.
Nigeria cannot continue to be run like the proverbial Fuji House of commotion.
No Governor or citizen is above the law or national constitution. That is the irreducible minimum preachment of the ancient doctrines of rule of law and equality before the law.
Any Governor who fails, refuses or neglects to obey the Oath of Allegiance and Oath of Office is unfit to continue to occupy the highly coveted office of Governor of a State one second longer.
No insult or disparagement is intended. Caveat was duly served ab initio.
A new normal is possible!
*Prof Obiaraeri, N.O.*
