Goodluck Jonathan Can Contest In 2015 — Gulak

There have been simmering contentions over whether President Goodluck Jonathan is eligible to contest in the 2015 forthcoming elections. The Special Adviser to President Jonathan on Political Matters, Dr (Bar) Ali Ahmed Gulak  shares with WINIFRED OGBEBO,  the constitutional rights of the president  and the need for collective nation building.
Recently, President Goodluck Jonathan had a media chat where he was heavily criticized for some of the comments made. Now, what do you make of his comments on the Odi killings, Boko haram and others?
The president has already made these statement and he is the president.  There have been no negotiations with the Boko Haram sect and he has said so. That is his position. Besides, you can’t have dialogue with people you don’t know. Note that no one has come out to say he represents the Boko haram unlike the situation with the militants in Niger Delta where the leaders of the militants were identified and approached by the late president, Umaru Musa Yar’Adua there is no identified leader in this case and you cannot negotiate with  unknown people.
But the sect recently approached some notable Nigerians whom they identified as their negotiators and some others have been linked to the group over time.
To be specific, I think you are talking about Gen Muhammadu Buhari (rtd). But remember that he came out to say that he cannot represent the group on its negotiations with the federal government because he neither believes in their cause nor knows them. That is his position.
Does that foreclose claims by politicians like Atiku and Buhari that they would make Nigeria ungovernable sometime during the2011 elections?
I have said time and time again that those were political statements which were uncalled for, and made in the heat of the moment. Despite that, I believe these people would sincerely not want to see Nigeria   engulfed by crisis. Presently, everyone is a target and no leader worth his salt can claim to be happy when his people are killed on all fronts. So I think those statements made then misfired and they must be regretting all that now.
That takes us to the statement that pitches you against the National Assembly and some notable Nigerians on budget implementation you were quoted recently, that it’s the responsibility of President Jonathan to prepare and present the budget and also see to the implementation.
Let me tell you something concerning the budget. First of all, it is not true that I referred to National Assembly members as illiterates .I couldn’t have called them that. Secondly, the budget is a document made by the executive arm of government on receipts and expenditure for the year.
Having therefore prepared such document,   it should be laid before the National Assembly. It is for the executive to defend what has been written before the NASS, not for the NASS to rewrite budget .That to my understanding is the law. That is why the ministers are always before the NASS to defend what they have prepared. Thus, I still maintain that the involvement of a final budget must be between the executive and the legislature.
Many things in the budget were not put there for the fun of it. I believe that careful study was made before they were given attention especially in engineering aspects, construction studies and engineering designs must be made before these aspects were fused in the budget. For example,  if you are going to construct a road from point A to B and the executive budgets N50 billion. When it goes to the NASS,  it is reduced to 500m.That is not supposed to be. There is need for collaboration and partnership when it comes to the budget so as to engineer full implementation.
Talking about cooperation, the NASS has agreed that it will finish and submit its work by December 31st. Do you for see a situation in which the budget is not fully implemented? Unless and until the NASS makes it almost impossible like I said, if the executive wants to purchase an ambulance and it defends the budget and the legislature passes it before time,  proper implementation of the budget will be achieved.
Now concerning proper implementation of the budget, the office of the minister of finance has the prerogative to decide at times whether to release funds.
She has no reason to do that.  I think we ought to give credit to the minister. She is doing her job . Once the budget is passed and assented to by the president, it becomes law unless there are impediments to the implementation of the budget. She cannot decide if she should make money available or not.
Why do you think the NASS has singled you out for such strong condemnation?
Perhaps, because my views are very strong. Nevertheless, I believe that is the law, and in the constitution. I am a lawyer  with 26years experience so I think I know what the constitution parliament and the law stand for. I know what I am talking about.
Has the president called to douse the tension between you and the lawmakers?
Well, I believe that I am doing my job to the best of my ability.
Has there been any commendation from the president?
Besides the fact that it is not my place to tell you, I am not going to curry favours from the president or to impress him. i am just doing my job  and I say it as it is. I will always maintain that the legislature and executive must cooperate if we must take the country to the next level of development. There are no sentiments.
Over the years, the legislative arm of government has been evolving. We must develop our institutions. Today, Goodluck Jonathan is president of the country. What I will always say is that he is our present leader constitutionally and otherwise. It is about his office not his person.  I am not talking about the opposition now. You see, after elections, we ought to leave politics on that field, for when it comes to development of the nation, all hands must be on deck so that the country can move forward.
Take the recent happenings in America for example, after a heated contest, Romney came out to show support for Obama. They left every other thing out, agreeing to join forces to develop their country. This is one of the things Nigerian politicians should emulate.
Your party sings discordant tunes when it comes to congratulating winners, considering  the happenings in Edo and Ondo States, though the president acted differently.
What do you expect? Let me tell you, the president congratulated the winner. In Ondo, he did the same notwithstanding that his party lost. He campaigned for the party, mobilized for the party, but the people spoke via a transparent election. The president as you know stands on the principles of one man, one vote. So all hands must be on deck to support whoever wins.
But your party….
(Cuts in) Which party?
The PDP in Ondo and in Edo states are presently in court?
No, no, you are referring to the candidates, not the party. You must differentiate between the candidate and the party.
Are you saying the party cannot sanction the candidate?
It is the right thing. He was a candidate sponsored by the party but even if the party says it is not going to court, he does not have the right to proceed otherwise. However I must point out that things have been sorted out in some states like Ondo. The candidates have rights and the party abides by them. You neither deny nor trample on that constitutional right to go to court.
Are you in support of the constitutional amendment?
Of course, the constitution is organic and subject to change so as to suite the exigencies of time. There are lots of provisions in this constitution in need of review to ensure smooth running and good governance. Take for example, Section 9 of the constitution which says that at every given time, there   must be a democratically elected council. You are a witness to the present goings in our local government councils.
Despite being democratically elected, they have no specific tenure in the constitution. Some have a year, others a year and half, some others two years. All we need is a robust, detailed provision to say these local government councils uniformly have two, four or six years and that no government can dissolve a democratically elected local government council. We need to amend such provisions in other to spell out the tenure of the local government council; the joint account controversy and other issues as well can only be cleared with the help of the constitution.
Look at the state creation drive, is it not part of the confusion?
No, it is a law which the constitution allows since the condition allows it. If it allows the process and it is approved by constitutionally recognized structures, we can have it. The National Assembly has drafted a proposal which must be upheld by two thirds of each state assembly. If it scales this process, we will have it and the constitution will be rightly amended. But if it fails to be approved by these constitutionally recognised structures, we cannot have it.
Won’t this aide polarization of the country, considering that we already have so much we disagree on?
If we abide by the constitution, if we agree that we are running a constitutional government, if we agree that  every tier of government derives its power from the constitution and if we agree that the provision of the constitution are there to guide us, then we should have no problem. We only have problems when we fail to abide by the constitutional provisions.
I can tell you that it can happen. If we want states to be created and these proposed states are looked into by the NASS and then okayed by two- third of state assembly, we can have it. It is what the people want. It is supported by the constitution and it can happen.
Talking about what the people want, what is the function of SURE-P and is it popular with the people?
Of course it is very popular. People are yearning – for SURE-P. The president promised and he is delivering on his promise that this SURE-P (subsidy re-investment programme) has been on and the projects that cannot be completed within normal budget cycle will be supplemented by funds conserved from the partial subsidy removal. I am talking about the Abuja-Lokoja road, Benin expressway; the East- West road, the Lagos-Kano railway track and other projects which can impact on the lives of the citizen. The president has said, ”let’s use SURE-P to complete these projects and let the youth in all the states of the federation be engaged.
To be sure SURE-P is faithfully implemented, our youths will be off the streets. The youths are waiting, clamouring for and excited about SURE-P and the president is ready to move on.
I think the SURE-P excitement as you put it revolves around the elite, because the organizers responsible have not done enough to cultivate the interest of the masses on what they stand to gain.
It will soon get underway. The state implementation committee has just been inaugurated to supervise the gainful engagement of our modalities for the implementation of the SURE-P committee.
Soon, this committee will get its marching orders for implementation of the programme. You will soon see practical, implementation works being done by the committee at the local government levels. The people are happy, ready and willing to be a part of it.
Now to 2015, how legally qualified is the president to contest, if he chooses to?
The president is constitutionally available to run in 2015 and no one can abridge    his constitutional right. No one can cow, intimidate or stop him if he chooses to run. Nigerians can be sure of that.
I will tell you, without any option of doubt, that that is his position. But if he decides not to, no one can force him, as well.
People are already alluding that he has taken oath of office on more than two occasions.
Obasanjo did so thrice, so it means nothing. It only depends on the exigencies of the times.
The constitution says you have four years of two terms. The late Yar’ Adua passed on and under the constitution, the vice president stepped in. You cannot change the constitution, notwithstanding how much you dislike its provisions. It is what guides us.
After standing in for the late president, he offered himself for polls and won presently. Assuming we say okay, he has taken oath of office twice, four years and a year do not make eight years. That  is just five. Why should you short-change him? The constitutional interpretation is for him to have his full terms if he chooses to. Nobody can abridge that Whether they go to court or grant countless interviews, at the end of the day if the president wishes to contest, it is within the gambit of the law.