May 29 is not Sacrosanct for Swearing-In of Tinubu

By Sam Amadi

Electrical systems are determined by constitutions, which are shaped by historical developments. In constitutional law there are few universals & plenty peculiarities. May 29 as d date to inaugurate a new government is conventional not constitutional.

The constitution provides that President and Governors all have 4 years tenure. None should exceed that tenure. So a president or governor came to power on May 29 four years ago, he or she had to vacate office this May 29. That’s is sacrosanct. None should stay a day longer.

But the constitution does not prescribe that a new president must take office on the same May 29. In popular imagination, it is taken for granted that there would be a valid president to take over on May 29. But were that is not possible due to several reasons, there is a constitutional remedy. D constitution provides that in the event there is no president or vice the senate president should take over.

There are many circumstances for that, including impeachment and death of both. It also includes when no valid president is elected to be sworn in When a president has been declared president-elect but his election is being challenged in court, what should happen? Should he or she be sworn in while defending his or her declaration? This has been the practice. But it is a dangerous practice that can lead to grace crises.

Imagine a sitting president being declared unlawfully returned as President by INEC. He could refuse to hand over power, he could even prevent d court from sitting and making d decision if he knows he will lose. As commander in chief, he could use state power to defeat justice.

The best situation is for all cases to be ended before swearing in of a new president. This should apply to a less extent to governors because they are not commander in chief. It’s dangerous for a hybrid democracy like ours to have a president who could lose power through d court.

Best solution is for the courts to finish the cases on time b4 inauguration as it is done in the US. Nest best is to delay inauguration until cases end since the eventual president will still have a complete 4 years tenure. He suffers no deprivation. The worst is to make him.

Commander in chief with the undue advantage it confers and the threat it poses to national stability and democracy.

If Trump could plan to disrupt congress to stay in power in advanced US, imagine the possibilities in an electoral autocracy like Nigeria with desperate politicians.

Sam Amadi, PhD, is a Law Lecturer and Columnist, Financial Nigeria