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Senator Udoma: Why I oppose 3rd term for
Obasanjo or anyone
Special to USAfrica The Newspaper, Houston
USAfricaonline.com
and CLASS
magazine and The Black Business
Journal
Senator Udoma Udo Udoma, (Nigeria's Senate Chief Whip) on why
"in good conscience" he cannot
support
the retired general Olusegun Obasanjo's controversial and
thus far unconstitutional quest to seek a third term of office as
Nigeria's president (ruling since 1999). It is titled 'Why I
am against third term amendment provision':
"Following my decision not to support the proposal to amend the constitution to allow the President and state governors to be able to run for a third term, I have been contacted by one or two well-meaning friends who asked me the reason for my decision. In particular, they asked me how I reconcile my strong support for the Obasanjo administration's economic programmes and policies and my reluctance to support an amendment that could allow the President four more years to continue these programmes.
I wish to make it clear that there is no conflict at all.
Indeed,
it is dangerous to allow one's support for Chief Olusegun Obasanjo to
determine whether it is in the national interest for the President
and state governors to be allowed three terms in office, as opposed
to the current two term provision.
One of the fundamental principles of lawmaking is that laws should not be made for the benefit of a particular individual. Even if we pass the amendment and the President decides to contest, which decision, we understand, he is yet to make, all we would have achieved is a maximum of four more years for Chief Olusegun Obasanjo. But at what price? His successor will be able to rule Nigeria for twelve unbroken years!
A period long enough to enable such a President to entrench himself, and using the precedent already established, supported by the powers of incumbency, to even contemplate doing away completely with term limits - a common enough occurrence in Africa.
Term limits are critical to building and sustaining democracy. It is generally accepted that the powers of incumbency, particularly in emerging democracies, are so overwhelming that there cannot be a level playing field where any person challenges an incumbent with executive power.
It is for this reason that the framers of the 1979 Constitution set a two term limit for incumbents holding executive offices. This was retained in all subsequent Constitutions, including the current one, the 1999 Constitution.
To permit the power of incumbency to be used to extend term limits, by constitutional amendment, is to undermine the very purpose of the term limit. Why have a term limit when it can be extended any time it is considered inconvenient for an incumbent!
In addition, the third term debate has led to such mistrust of informal political understandings and amendments that there is now a clamour for the principle of rotation, which had hitherto been left to informal agreements within political parties, to be entrenched in the Constitution. As a consequence, if the third term amendment which allows 12 years for each President is passed into law, the earliest a person from the South-South political zone can constitutionally aspire to be President of Nigeria will be in 16 years time - and possibly 40 years time, if the South-East gets the Presidency first. For the South-West, it's even worse. If the third term amendment is passed, no person from the South-West can be eligible to contest for the Presidency of this country, after Obasanjo, for 60 years! All this just to secure a possible four more years for Obasanjo!"
Finally, all those persons in the private sector who are anxious to see the continuation of the private sector friendly policies of Chief Olusegun Obasanjo's administration should remember the words the French Emperor, Napoleon 1 uttered from bitter experience in 1815,"Men are powerless to secure the future; institutions alone fix the destiny of nations."
Udoma, born in 1954, is a lawyer and represents Akwa Ibom South in the Senate.

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