15, May 2019
Where Do Leaders Derive Their Powers & Authority From?
Power is derived from a higher authority. For Monarchs it is derived from God; for Elected Leaders & Officials it is either derived from the people by direct universal suffrage or by indirect universal suffrage through a Constituent Assembly (mostly referred to as an electoral college).
The aim of this write up is to clarify to all Ambazonians the legality and constitutionality of the President Sissuku Julius Ayuk Tabe led Interim Government (IG).
The Ambazonia Federal Constitution
At the 4th Conclave of November 2017, the Conclave representatives who where surely constituted, agreed in the Conclave Resolutions to submit the Constitution to Ambazonians for approval.
While the Constitution was pending approval from the Ambazonian people, the governing structures consisted of the following;
1) The Restoration Council:
This body was to act as a legislative body to exercise oversight on the IG. However this body has never been fully and duely constituted, therefore rendering it’s functionality and decisions null and void. In Constitutional Law the lack of due process invalidates and renders a decision null and void.
It is for this reason that the recent communique issued on 14th May by the Chairman of the Restoration Council Comrade Elvis Kometa, accusing President Sissuku Julius Ayuk Tabe of attempting to destabilise the IG, is null and void.
The Restoration Council has acted ultra vires as not being properly constituted renders all decisions and resolutions emanating from it null and void.
2) The Ambazonia Constitution:
The Ambazonia Constitution as deliberated upon at the 4th Conclave is still pending approval from the people of Ambazonia as stipulated in the Conclave Resolutions, therefore no power or authority can be derived from it. In his 17 months in office, Former Acting President, Sako Ikome Samuel failed in his duties and responsibilities either by omission or commission to ensure the Constitution was approved by the Ambazonian people.
The Unconstituted Restoration Council, in 17 months also failed in its duties to hold Former Acting President Sako Ikome Samuel to ensure the approval of the most fundamental law and document of the nation which is the Constitution.
An Unconstituted Restoration Council & An Unenforceable Constitution
Going by Revolutionary precedent, and with an Unconstituted Restoration Council & an unenforceable Constitution what therefore is the Constitutional and Legally binding authority?
3) The Constituent Assembly of The 4th Conclave:
With the Resoration Council having failed to Constitutionally and Legally constitute it’s self therefore rendering all its decisions null and void.
With the Former Acting President, Samuel Ikome Sako having failed to submitt the Constitution for approval by the Ambazonia people, leaving the Constitution unenforceable.
The Resolutions of the 4th Conclave are therefore the only Constitutional & Legally binding documents which the President derives his powers from until such time when;
1) The Restoration Council is properly & duely constituted.
2) The Constitution is approved by the Ambazonian people.
That said, President Sissuku Julius Ayuk Tabe acted within the law, as Resolution Number 13 of 1st November 2017 created the Interim Government of The Federal Republic of Ambazonia and elected Sissuku Julius Ayuk Tabe as President.
Also Resolution Number 14 of 1st November 2017 authorised President Sissuku Julius Ayuk Tabe to constitute a cabinet, which he Constitutionally did on 24th November 2017.
It is therefore from Resolution Number 14 above which President Sissuku Julius Ayuk Tabe issued his Press Statement on 02nd May 2019 recalling Former Acting President Sako Ikome Samuel from his duties as Acting President.
Following Constitutionality, Legality and Revolutionary Precedent, President Sissuku Julius Ayuk Tabe
has acted within Revolutionary Laws. He is therefore the Legitimate President of the Federal Republic of Ambazonia and all his appointed cabinet; including Under Secretary for Foreign Affairs Sako Ikome Samuel.
Ambazonians must therefore not be deceived by any group of people calling themselves a Restoration Council or Acting President as both are Unconstitutional and Illegitimate.
The Ambazonia Restoration Forces have already recognised the Constitutional and Legitimate President Sissuku Julius Ayuk Tabe and have clearly stated in their press statement of 03rd May 2019, they will uphold Constitutionality and Legality.
By Oswald Tebit