Foremost human rights lawyer and pro-democracy activist, Femi Falana (SAN) has disagreed with the position held by former Chief Justice of Nigeria, Justice Alfa Belgore (rtd) over President Muhammed Buhari’s bestowing of a posthumous GCFR honour on Chief MKO Abiola.
Buhari had made the announcement on Wednesday, adding that June 12 has become the new Democracy Day.
But reacting, Belgore, who was CJN between 2006 and 2007, said the honour could not be bestowed posthumously.
He said, “It is not done. It is for people living. The only thing they could do is to name a place after him, but national honours award, no.”
In a Thursday statement, Falana disagreed with the ex-CJN, saying that nothing was illegal about the matter as the president had the prerogative to bestow the honour on either the dead or living by virtue of the National Honours Act.
He said, “With profound respect to the Honourable Justice Alfa Belgore, the National Honours Act has not prohibited or restricted the powers of the President to confer national honours on deserving Nigerian citizens, dead or alive.
“No doubt, paragraph 2 of the Honours Warrant made pursuant to 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…’
“But paragraph 3 thereof has given the President the unqualified discretion “to dispense with the requirement of paragraph 2 in such manner as may be specified in the direction.
“Therefore, since the national awards conferred on Chief Abiola and Chief Fawehinmi cannot be received by them in person the President may permit their family members to receive same on their behalf.
“Furthermore, Section 2 (1) of the Public Holidays Act stipulates that in addition to the holidays mentioned in the Schedule to the Act, the President may appoint a special day to be kept as a public holiday either throughout Nigeria or in any part thereof.”