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By Oluseye Ojo
The 2019 governorship candidate of Alliance for Democracy (AD) in Lagos State, Owolabi Salis, has said it is impossible for the courts, even the Supreme Court, to remove a sitting president and commander-in-chief (C-in-C) of the Armed Forces after he has been sworn into office.
The lawyer, chartered accountant, and expert in diversity management, said under the presidential system, the president holds two separate but combined offices – the president (chief executive officer) and the C-in-C of the Armed Forces.
Salis said while there are written procedures to acquire the power of the president (chief executive), there is no such procedure for the C-in-C.
He pointed out that when a president travels, he can only delegate the power of the president/chief executive to the vice president, but not that of the C-in-C.
According to him, the precaution is taken to avoid any potential overthrow or power struggle during the president’s absence. He added that no Nigerian leader, whether under the military or democratic system, has ever handed over the power of C-in-C to their deputy or vice when they are not around.
Salis argued that a sitting president must have effective control of the service chiefs and truly act as the commander-in-chief, saying: “Any deviation from this can lead to the president being overthrown.”
He also emphasised that the authority of judges and other bodies stems from the transferred enforcement powers of the commander-in-chief. The judge’s role is limited to swearing in the commander-in-chief, making it difficult for the same judge to remove them.
“These are two but separate offices combined in one. In many jurisdictions practicing the presidential system of government, while you have to go through some written procedures to acquire the power of president/chief executive, there is no effective written procedure for acquiring the power of the C-in-C. You can get it anyhow.
“When the president travels, he can only hand over and or delegate the power of the president/chief executive to his vice but not that of the commander-in-chief otherwise he could be overthrown easily. The guards can be changed before he returns.”
Salis said apart from the fact that it is abnormal for any acting president to sit on the seat of the commander-in-chief or use his office while Mr. President is not around, no Nigerian leader either under the military or democratic system, has ever handed over the power of commander-in-chief’s to his deputy of vice when he is not around.
“A sitting president needs to have effective control of the service chiefs and be truly a commander-in-chief. Some sitting presidents don’t understand this and make some military commanders act for them as commander-in-chief. Such sitting presidents end up being overthrown.
“We are all respecting the decisions of the judges and other bodies because of the transferred enforcement powers of the commander-in-chief. If the judge says I jailed you and you refuse to go, there is nothing the judge will do. The judge cannot lock you up himself.”
The judge can’t do anything except through the transferred enforcement powers of the commander-in-chief
“When the judge swears in a commander-in-chief, it will be difficult for the same judge to remove him. We are all respecting the judges because of the transferred enforcement powers of the commander-in-chief.”
