President Muhammadu Buhari, on Tuesday, June 12,
conferred the GCFR honour, posthumously on
Moshood Kashimawo Olawale Abiola, the presumed
winner of the June 12, 1993 general election which was
annulled by then military Head of State, Ibrahim
Babangida.
Buhari also announced that henceforth, Nigeria
will mark its Democracy Day on June 12 every
year, as the events of June 12, 1993, hold more
significance for Nigeria than that of May 29,
1999, when the military, again, handed over
power to a democratically elected government.
However, Alfa Belgore, former chief justice of
Nigeria between 2006 and 2007, said it is illegal
for Buhari to confer a national honour to a
deceased person.
Belgore said: “It is not done. It (the award) is for people
living. The only thing they could do is to name a place after
him, but national honours award, no.”
How valid is this claim made by the former chief
justice?
Checks by the ICIR shows that section 3(2) of the
National Honours Act provides that “a person shall
be appointed to a particular rank of an Order when he
receives from the President in person, at an investiture held
for the purpose”.
According to the Act, a deceased person cannot
receive anything “in person”.
However, section 3(3) reads as follows: “If in the
case of any person it appears to the President expedient to
dispense with the requirements of paragraph (2) of this
article, he (the President) may direct that that person shall
be appointed to the rank in question in such a manner as
may be specified in the direction.”
There is no specific provision in the Act stating
that national honours cannot be conferred to a
deceased person. The president is at liberty to
use his discretion to confer the honours on
anyone who could not appear in person.
So, Alfa Belgore’s claim that awarding a national
honour posthumously is illegal is false; it can
best be described as misleading.
Views from other experts
According to ICIR, Itse Sagay, a professor of law
and Senior Advocate of Nigeria, said there is no
illegality in Buhari’s action.
Sagay, who also heads the Presidential Advisory
Committee on Anti-Corruption (PACAC),
disagreed with Belgore, insisting that honouring
Abiola is an action that “binds the wounds of the
nation”.
He said he does not know the specific provisions
of the National Honours Act, but there are
instances where more emphasis should be placed
on the spirit and intent of an action rather than
the technicalities of law.
“In this case, justice should prevail over technicalities of the
law. President Buhari did the right thing by acknowledging
the events of June 12 and honouring Abiola,” Sagay said.
On whether it was the right timing for such a
decision to be announced, and whether the move
is a political one, aimed at appealing to
southwest voters in the forthcoming 2019 general
election, Sagay said there can never be a wrong
timing to do the right thing.
“People are bound to say anything they like. This is the
right thing for President Buhari to have done, it doesn’t
matter whether it is a political move or not. It also does not
matter when he did it. It is the right decision.
“If Jonathan had done it, it would have been good. If
Obasanjo had done it, it would have been good. They didn’t.
Now that Buhari has done it, it is the right thing to do,”
Sagay insisted.
Also, Rotimi Jacobs, SAN, reportedly agreed with
Sagay that there was no illegality whatsoever in
conferring a posthumous national honour on
Buhari.
Jacobs described Belgore’s claims as a “purely
political and personal opinion” which has “no legal
basis”.
“Posthumous awards are recognised all over the world, and
besides, it is the right thing for President Buhari to do,”
Jacobs told ICIR.
Similarly, Benjamin Obidegwu, a Lagos-based
legal practitioner, reportedly said there is
nothing illegal in President Buhari’s actions.
“I’m aware that honours are given posthumously, it’s
nothing new and it’s nothing illegal, except if the Act
specifically says that, which I don’t think is true,”
Obidegwu said.
“What Abiola’s own indirectly means is that he was
recognized as the winner of that (1993) election because
that GCFR is given only to presidents.
“The only challenge I have with that is that Abiola was
never a President. The fact that he won did not mean he
was President until you are sworn in, you are not a
president, that’s the only challenge. Otherwise, there is
nothing illegal in the decision.”
conferred the GCFR honour, posthumously on
Moshood Kashimawo Olawale Abiola, the presumed
winner of the June 12, 1993 general election which was
annulled by then military Head of State, Ibrahim
Babangida.
Buhari also announced that henceforth, Nigeria
will mark its Democracy Day on June 12 every
year, as the events of June 12, 1993, hold more
significance for Nigeria than that of May 29,
1999, when the military, again, handed over
power to a democratically elected government.
However, Alfa Belgore, former chief justice of
Nigeria between 2006 and 2007, said it is illegal
for Buhari to confer a national honour to a
deceased person.
Belgore said: “It is not done. It (the award) is for people
living. The only thing they could do is to name a place after
him, but national honours award, no.”
How valid is this claim made by the former chief
justice?
Checks by the ICIR shows that section 3(2) of the
National Honours Act provides that “a person shall
be appointed to a particular rank of an Order when he
receives from the President in person, at an investiture held
for the purpose”.
According to the Act, a deceased person cannot
receive anything “in person”.
However, section 3(3) reads as follows: “If in the
case of any person it appears to the President expedient to
dispense with the requirements of paragraph (2) of this
article, he (the President) may direct that that person shall
be appointed to the rank in question in such a manner as
may be specified in the direction.”
There is no specific provision in the Act stating
that national honours cannot be conferred to a
deceased person. The president is at liberty to
use his discretion to confer the honours on
anyone who could not appear in person.
So, Alfa Belgore’s claim that awarding a national
honour posthumously is illegal is false; it can
best be described as misleading.
Views from other experts
According to ICIR, Itse Sagay, a professor of law
and Senior Advocate of Nigeria, said there is no
illegality in Buhari’s action.
Sagay, who also heads the Presidential Advisory
Committee on Anti-Corruption (PACAC),
disagreed with Belgore, insisting that honouring
Abiola is an action that “binds the wounds of the
nation”.
He said he does not know the specific provisions
of the National Honours Act, but there are
instances where more emphasis should be placed
on the spirit and intent of an action rather than
the technicalities of law.
“In this case, justice should prevail over technicalities of the
law. President Buhari did the right thing by acknowledging
the events of June 12 and honouring Abiola,” Sagay said.
On whether it was the right timing for such a
decision to be announced, and whether the move
is a political one, aimed at appealing to
southwest voters in the forthcoming 2019 general
election, Sagay said there can never be a wrong
timing to do the right thing.
“People are bound to say anything they like. This is the
right thing for President Buhari to have done, it doesn’t
matter whether it is a political move or not. It also does not
matter when he did it. It is the right decision.
“If Jonathan had done it, it would have been good. If
Obasanjo had done it, it would have been good. They didn’t.
Now that Buhari has done it, it is the right thing to do,”
Sagay insisted.
Also, Rotimi Jacobs, SAN, reportedly agreed with
Sagay that there was no illegality whatsoever in
conferring a posthumous national honour on
Buhari.
Jacobs described Belgore’s claims as a “purely
political and personal opinion” which has “no legal
basis”.
“Posthumous awards are recognised all over the world, and
besides, it is the right thing for President Buhari to do,”
Jacobs told ICIR.
Similarly, Benjamin Obidegwu, a Lagos-based
legal practitioner, reportedly said there is
nothing illegal in President Buhari’s actions.
“I’m aware that honours are given posthumously, it’s
nothing new and it’s nothing illegal, except if the Act
specifically says that, which I don’t think is true,”
Obidegwu said.
“What Abiola’s own indirectly means is that he was
recognized as the winner of that (1993) election because
that GCFR is given only to presidents.
“The only challenge I have with that is that Abiola was
never a President. The fact that he won did not mean he
was President until you are sworn in, you are not a
president, that’s the only challenge. Otherwise, there is
nothing illegal in the decision.”
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