The Office of the First Lady: An Important Institution or an Additional Cost of Governance

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The Office of the First Lady: An Important Institution or an Additional Cost of Governance

Yunus Ustaz Usman

In most jurisdictions, the office of the president’s wife is seen as an appendage to that of her husband. Most first ladies perform invaluable and indispensable social functions of state even when their office is not constitutionally provided for. First ladies in Nigeria have always functioned informally but with quasi-official roles receiving and entertaining foreign dignitaries and their families on behalf of the state. Yunus Ustaz Usman SAN posits  that contrary to the opinion of some that the office is an unnecessary additional cost to government, the first lady can actually perform crucial state functions without any additional cost to governance.

Introduction
The origin of the title, “First Lady,” started from the day God created the world. The position of the First Lady is as old as creation. The First Lady was Hauwa’u (Eve) the wife of the First Man (Adam). The first man could not survive without an assistant, hence God Almighty created the First Lady. The basis of a First Lady is one who is created to help the First Man. Thus, in Genesis Chapter 2 Verse 18 - 25, God outlined the purpose for creating Eve in these Words:-

“Then the Lord God said, “It is not good for the man to live alone. I will make a suitable companion to help him.” 19. So he took some soil from the ground and formed all the animals and all the birds. Then he brought them to the man to see what he would name them; and that is how they all got their names. 20. So the man named all the birds and all the animals; but not one of them was a suitable companion to help him. 21. Then the Lord God made the man fall into a deep sleep, and while he was sleeping, he took out one of the man’s ribs and closed up the flesh. 22. He formed a woman out of the rib and brought her to him. 23. Then the man said, ”At last, here is one of my own kind – Bone taken from my bone, and flesh from my flesh. ‘Woman’ is her name because she was taken out of man.”
24. That is why a man leaves his father house and mother and is united with his wife, and they become one.
25. The man and the woman were both naked, but they were not embarrassed.” 

Some other First Ladies in the Holy Bible include:-
Holy Mary- She is God’s chosen First Lady. She is considered one of the most righteous women in the Islamic religion. The Quran states that Mary was chosen above all women: "O Mary! Allah hath chosen thee and purified thee – chosen thee above the women of all nations. —Quran, sura 3 (Al Imran), ayah 42.
Jael–

Sisera was pursued by the people of Israel at the request of Deborah the Judge. When the Israelites came at Sisera with 10,000 men, Sisera fled. Israel was routing Sisera and his army when Sisera broke off from his men and fled alone. He came to the tent of Jael. (Judges 4)

Aasiyah bint Mazaahim- The Wife of Pharaoh
Aasiyah and Mariyam both raised up the great Prophets Musa and Eesa. Asiyah’s reputation for devotion and piety is well known.
One of these women was Aasiyah, the wife of Fir’own, and she, though she suffered great tribulation in his hands, stayed devoted to Allah.

Maryam bint ‘Imraan– Radhiallaahu anhumaa ajma'een
Maryam the mother of Isa accepted the will of ALLAH with faith.
And when the angels said: "Maryam, Allah has chosen you and purified you. He has chosen you over all other women. " (Qur'an, 3:42)

Khadeejah bint Khuwaylid
Khadeejah was an excellent wife. She supported Prophet Muhammad during his hardest times in life. That is the best example of how a First Lady should behave. When people thought that what he said was strange, she believed in him. She supported him, encouraged him and believed in him.
She is known to us as Mother of the Believers (Ummul Momineen). And was the first person ever to accept Islam after it had been revealed to him by Jibreel ( Angel Gabriel).

Faatimah bint Muhammad
She was born five years before her father was anointed as a Prophet. Mohammed was 35 years old when she was born. She was born in the year the Ka’bah was being rebuilt. She became a Muslim when she was 5 years old, as soon as her father was anointed as a Prophet. She was the youngest Muslim in Islam.

First Ladies in Modern History
Catherine II- Empress of Russia 1729 – 1796
Catherine II (Catherine the Great) reigned as Empress of Russia for 34 years, from June 28, 1762 until her death. She exemplifies the enlightened despot of her era. During her reign Catherine extended the borders of the Russian Empire southward and westward to absorb New Russia, Crimea, Right-Bank Ukraine, Belarus, Lithuania, and Courland at the expense of two powers — the Ottoman Empire and the Polish-Lithuanian Commonwealth. Catherine made Russia the dominant power in south-eastern Europe after her first Russo–Turkish War against the Ottoman Empire (1768–1774), which saw some of the greatest defeats in Turkish history, including the Battle of Chesma (5 July – 7 July 1770) and the Battle of Kagul (21 July 1770). Catherine’s patronage furthered the evolution of the arts in Russia more than that of any Russian sovereign before or after her. She subscribed to the ideals of the Enlightenment and considered herself a “philosopher on the throne”. She showed great awareness of her image abroad, and ever desired that Europe should perceive her as a civilized and enlightened monarch, despite the fact that in Russia she often played the part of the tyrant.

Eva Peron 1919 – 1952
Eva Peron (Evita) was First Lady of Argentina from 1946 until her death in 1952. During her time as wife of President Juan Peron, she became powerful within the Pro-Peronist trade unions. Eventually, she founded the charitable Eva Perón Foundation, and the nation’s first large-scale female political party, the Female Peronist Party. Her charitable organisation built homes for the poor and homeless, and also provided free health care to citizens. Eventually, Evita became the center of her own vast personality cult and her image and name soon appeared everywhere, with train stations, a city (“Ciudad Evita”), and even a star being named after her. Despite her dominance and political power, Evita was always careful to never undermine the important symbolic role of her husband. On August 22, 1951 the unions held a mass rally of two million people called “Cabildo Abierto” at which they begged Eva Peron to run for vice president. It has been claimed that “Cabildo Abierto” was the largest public display of support in history for a female political figure. She eventually declined to run and died the following year of Cancer.

In modern history, the concept of the title of “First Lady” originated from the United States of America. Linguistically, the term “Lady” originated in England. The title “First Lady” was first used in the United States of America in 1849 when President Zachary Taylor called Dolley Madison “First Lady” at her State Funeral while reciting a eulogy written by him. The title gained nationwide recognition in the United States of America in 1877, when Mary C. Ames wrote an article in the New York City Independent Newspaper describing the inauguration of President Rutherford B. Hayes. She used the term, to describe his wife, Mrs. Lucy Webb Hayes. Since then all wives of the Presidents of the United States of America have been described as “First Lady”.   

The concept of having a First Lady in Nigeria is rightly traced to the period of Flora Lugard, the wife of the first colonial Governor-General of Nigeria, Lord Frederick Lugard. It is to her credit that the country got her name, “Nigeria”.
Women, right from the inception of life, have always been more enviably incorruptible and just leaders than their male counterparts. This may be as a result of the sociological build-up of women as most of them are naturally afraid of embarrassment and guarding their names too jealously.

“Beside a successful man is a woman.” This maxim amply describes the impact of a woman in the life of her husband. It also explains why the success story of any leader may be incomplete without the role of his wife. A woman is indeed to her husband, a ‘help mate’ and to any leader, a partner in progress. Prior to the emergence of modern government systems which popularised the political roles wives of Heads of Government now play, the importance of spouses of great leaders, emperors, monarchs and war lords in achieving the cause of their husbands were well documented in history books.

Although a ceremonial position, the office has brought about significant developments in nations across the world, including Nigeria. Although the position of the First Lady is not an elected one nor is the occupier entitled to salaries, first ladies have always held a highly visible position in the U.S. Government. The role of the First Lady in America, just as it is in most parts of the world, has evolved over the years. Thus, the first lady is, first and foremost, the hostess of the White House; organises and attends official ceremonies and functions of state either along with, or in place of, the President.
Both Martha Washington (who retained her former husband’s name as Martha Dandridge Custis) and Abigail Adams were treated as if they were “ladies” of the British royal court.

The Role of First Lady
Martha Washington did not live in the White House. Not only was the mansion not yet built but the capital cities were first located in New York and Philadelphia. Still, from the beginning of the American Presidency, there were social events that served political purposes and in reflecting society's designation of women as being responsible for all issues related to home life, the wives of US Presidents were considered in charge of everything to do with the running of the White House- even though the President's office staff worked in rooms located on the private floor where the family lived. Since the new nation was a democracy, and needed to command respect from nations that were not, First Ladies tried to act as hostess in a way that would balance her public image as both a commoner and a queen. What she wore, how she looked, how much money she spent, what her family life was like, how she entertained, what food she served, how she relaxed - these all became matters of interest to the country, of both men and women, children and adults. Dolley Madison proved to be the most successful at balancing the image of commoner and queen and she was held up as the ideal role model for well over the first century of the Presidency. She engaged in philanthropy by assisting orphans and women. She supported widows of fallen heroes by helping to raise their children. First Lady Eleanor Roosevelt, wife of Franklin D. Roosevelt, in the 1930s performed political functions on behalf of her husband. President Franklin D. Roosevelt was then suffering from a paralytic illness and was unfit to travel around the country, so Mrs. Roosevelt assumed this role. Jacqueline Kennedy, as First Lady, in her own case, led an effort to redecorate and restore the glory of the White House while she was First Lady. But for the spouses of the First Gentleman to effectively play the role, she must be a lady first. Emily Post subscribes to this view when she says: “Cloths and manners do not make man or lady, but when he or she is made, they greatly improve his/her appearance.”

A natural outgrowth of First Ladies being involved in public causes would seem to be an increase of their political activities. However, as early as the second First Lady Abigail Adams, wives of Presidents have been known to offer their opinion and advice on politics, policy, crises and personnel. All have exercised some form of influence whether it was personal, such as managing the President's appointment schedules so he would not tax himself (as Nancy Reagan did), assuming some of his work (as Edith Wilson did), serving as a liaison to others for the President (as Mamie Eisenhower did), or working with the President, the Cabinet and other officials to push for legislation they wanted to see enacted (as Rosalynn Carter did). In the end, it is the unique balance of power within each unique presidential marriage that determines what remains a largely covert degree of influence and power of First Ladies.

A First Lady gets no salary, but her living space, travel and personal protection is provided by the Government. As the Ethics in Government Act of 1978 ruled, a presidential spouse cannot accept gifts that are valued over a certain amount; all gifts and their values must be declared and are considered property of the U.S. government. In the case of gifts given by friends or close associates, she is given the opportunity to purchase the items by paying the government the estimated value. That is normal because the President cannot perform well if his wife is uncared for.

By the 20th century, it became increasingly common for first ladies to select and promote specific causes. It was common for the First Lady to hire staff to support these activities. Lady Bird Johnson, for instance, pioneered environmental protection and beautification; Pat Nixon encouraged volunteerism and travelled extensively abroad; Betty Ford supported women’s rights; Rosalynn Carter aided those with mental disabilities; Nancy Reagan founded the ‘JUST SAY NO’ in her drug awareness campaign; Barbara Bush promoted literacy; Hillary Rodham Clinton sought to reform the healthcare system in the U.S.; and Laura Bush supported women’s’ rights groups and encouraged childhood literacy. Michelle Obama has become identified with supporting military families and tackling childhood obesity. Some American first ladies have also exercised a degree of political influence by virtue of being important unofficial advisers to presidents.

This role of being in charge of the White House as hostess, manager, decorator, and caretaker is now considered the "traditional" role and it is still part of what First Ladies do.

In response to modern trends, every country has a tradition of keeping an office of the spouse of the President, with varying degrees of differences. Though the Constitution of Nigeria does not have a place for the office of the country’s First Lady, the office has played a significant role in the development of the country. In Nigeria, the term “First Lady” is commonly used to designate the President’s wife. It is also now commonly used for wives of Governors and those of Local Government chairmen. The First Lady is addressed by the title, “Her Excellency”. Aside from the first and second republic First Ladies, other successive First Ladies in Nigeria in their time embarked on projects aimed at helping children and women or embarked on other social causes. During the first republic, Flora Azikwe, wife of   Nigeria’s First President Nmandi Azikwe played a largely domestic role and was rarely involved in affairs of government. Successive wives of Nigeria’s Heads of Government toed Mrs. Azikwe’s path. The duo of Victoria Aguiyi Ironsi, and Ajoke Muhammed played no significant role during their husbands’ administrations. This could be partly due to their husbands’ short stay in office. Victoria Gowon however, played some noticeable role during the Gowon administration but no specific project could be traced to her. First Ladyship was also uncommon during either of the tenures of Olusegun Obasanjo and Muhammed Buhari as military rulers nor during the civilian presidency of Alhaji Shehu Shagari when Esther Oluremi Obasanjo, Sefinatu Buhari and the wives of President Shehu Shagari were not very visible. Until 1985 when Ibrahim Badamasi Babangida came to power, wives of the nation’s former rulers simply played ceremonial role of hosting dignitaries; both local and foreign to dinners and chatting with their wives while their husbands held formal meetings. Maryam Babangida departed from the old norm and set the pace to launch official projects. She established the “Better Life Programme for Rural Women” as her pet project. Following the exit of Babangida as Military Head of State, Maryam Abacha launched another pet project known as the “Family Support Programme” (FSP). In 1995, Mrs. Abacha through her FSP was able to influence the upgrade of the National Commission for Women into a full-fledged Federal Ministry of Women Affairs and Social Development. She also launched the Family Support Trust Fund in 1994. Through the money realised from this Fund, Mrs. Abacha built the National Women and Children Hospital in Abuja which has since been renamed National Hospital. Are these not giant strides in the development of Nigeria?

General Abdulsalam Abubakar came to power after the demise of General Abacha in office, and his wife Justice Fati Abubakar (a quiet intelligent and humble legal giant of our time) established a Non-Governmental Organisation known as “Women’s Rights Advancement and Protection Alternative” (WRAPA). As a jurist, First Lady Fati was able to bring the issue of child and women rights into national focus.

When the country returned to civil rule in 1999, late Stella Obasanjo assumed the position of the First Lady. Although she died in office, she set up the “Child Care Trust” (CCT). The project was established to cater for the physically and mentally challenged children. One of the major achievements of the CCT was the establishment of a Special Children Model Centre in Bwari, Abuja. The centre was built at an estimated cost of N600 Million.

Titi Abubakar, wife of former Vice President Atiku Abubakar, although a second lady, also started a pet project known as the “Women Trafficking and Child Labour Eradication Foundation” (WOTCLEF). She was able to advocate against child and women trafficking and integrate some of the affected women back into normal life through WOTCLEF. Subsequent upon the election of former President Umaru Musa Yar’Adua in 2007, his wife, Turai, set up the “Women and Youth Empowerment Foundation” (WAYEF). Turai’s pet project focused on five broad categories such as reducing cataract and childhood blindness; Maternal and New Born Health Improvement Programme; Screening programme for breast and cervical cancer; HIV/AIDS and STDs intervention programme and Diabetes awareness and education programme.

The immediate past First Lady, Dame Patience Faka Jonathan was the First Lady in Bayelsa state. She was also a second lady under Turai’s and became the number one woman in Nigeria. Her pro-poor intervention programme dated back to Bayelsa state when her husband was Deputy Governor and later Governor. Her NGO, “Areuera Reachout Foundation” was established in 2000. The foundation is known for its charity and philanthropic prowess. It has provided vocational training for over 4,000 women and youths in tie and dye of fabrics, candle making, catering, hat and beads making, and production of plantain and beans flour. According to former Women Affairs Minister, Hajo Sani in her book, “Mrs. Jonathan’s pet project has taken up the challenge of providing medical support and assistance to people with heart conditions, empowering the youths and women to overcome challenges through skills acquisition and development for productivity and wealth creation as well as rehabilitation of female ex-convicts. Also, the foundation extended its mission of reaching out to the elderly with gift items, such as foodstuffs and provision of drugs.” Patience Jonathan’s passion for women development and gender equality is unparalleled. She is a woman who has exerted enormous influence in the political circle. As her husband journeyed from grass to grace, crowning his political career with the exalted presidential position, it was natural that the first lady expanded the tentacle of her course and so, she established the “Women for Change Initiative” (WCI), later re-christened “Women for Change and Development Initiative” (W4CDI). The WC4DI drew inspiration from the Beijing declaration on affirmative active action for women’s empowerment. It provided an avenue to reawaken and redirect Nigerian women’s consciousness towards self-actualisation. Through the activities of the First Lady, Dame Patience Jonathan, the 35% affirmative action policy of the Government has been achieved in many states in Nigeria.

The number of women in government received a boost as promised by Mrs. Jonathan during the electioneering campaign of her husband in 2011. While addressing a multitude of women at the Tafawa Balewa Square in Lagos prior to that election, the First Lady declared that the W4CDI would not only ensure more women in politics but would empower women to take their rightful place in all walks of life. Among many firsts the nation was able to record the first female Chief Justice of Nigeria; and the first female President of Court of Appeal. However, the elevation of women to the position of CJN or President of the Court of Appeal respectively were not through efforts of any First Lady but by Constitutional, ethical and meritocratic design.

It must be noted that since the assumption of Shagari as the President of Nigeria in 1979, most legal sages of our time suggest that for harmony in the Judiciary, the position of CJN must thenceforth be given to the most senior Justice of the Supreme Court. That very praiseworthy decision has kept our Judiciary intact up till today and under no circumstance should there be a deviation from it. This is because without the Supreme Court giving bold, stately and radical decisions, politicians would have since scattered this entity known as Nigeria.

“The nation has also recorded increase in the number of women in both elective and appointed positions since Mrs. Jonathan became Nigeria’s First Lady. This tremendous progress made by Nigerian women will always count for her in subsequent assessment of her period as Nigeria’s first lady. And these point to the functionality of the office of the First Lady”. The wife of any President is exceedingly important to the development of Nigeria. Whether called the First Lady or Wife of the President, she is always prima inter pares among all the women in her country. She must be encouraged morally and financially by philanthropists to engage in meaningful developmental activities.

The Constitutionality of the Office of the First Lady in Nigeria
George Washington was the first President of America in office between 1789 and 1792. His only wife (Martha Dandridge, 1732-1802) a widow with 2 children before she got married to Washington, in her inaugural address to the wives of the States constituting America advised them in these words:-

“As First Ladies, our office is not in the American Constitution but definitely in the hearts of the Presidents. In most cases, we shape their decisions in office not from office tables in the White House but at the matrimonial meetings held between only two of us at the odd hours of the night in the bedroom. But you must know when to sell him your idea. The best time is when you know he can no longer say no to you because he would not at such a moment take a “no” answer for his own demand. You are women. You know as I do, that time. I mean that time. That time. But do not mislead him for the sake of your country.”

Despite Mrs. Washington’s belief, some First Ladies tried to maintain their offices paid out of the President’s allocations.
In the USA’s annual budget for its operational funding that the executive branch requests Congress to appropriate, there is now a clause that justifies federal funding to salary the staff of a spouse of a President to allow them to "help the President to carry out the duties of the presidency." Edith Roosevelt was the first First Lady to have a federally-salaried social secretary. Lou Hoover paid from her own funds to hire more secretaries. Eleanor Roosevelt was the first to have a personal secretary as well as a social secretary. Jackie Kennedy hired the first press secretary, Pat Nixon the first appointments secretary, Betty Ford the first speechwriter, Rosalynn Carter the first Chief of Staff and Nancy Reagan the first Special Projects Director.

Whilst there is no constitutional provision for the First Lady in Nigeria, there are elements of protocol and dignities conferred on her by reason of the position her husband holds. I am not alone in holding his opinion. Sani Adamu of NAN, in his article titled “There is no office of the first lady in the Nigerian Constitution” published at Vanguard online on June 17, 2015, wrote:
“There is no office of the first lady in the Nigerian constitution”

The official status of the office of the wife of president in Nigeria has been a subject of controversy over the years. Observers posit that none of the country’s constitutions since independence in 1960 has created or recognised the office of the First Lady as a formal governmental institution. Political pundits, however, insist that in spite of this, successive administrations have recognised the office.
The recommendations for the scrapping of the First Lady offices at all levels of government by the Justice Alfa Belgore’s Presidential Committee on the Review of the 1999 Constitution also generated controversies among Nigerians.

Observers note that the controversies, perhaps, motivated President Muhammadu Buhari to refrain from giving recognition to the office of the First Lady.

They recall that Buhari told journalists in Kaduna before his election on March 28 that ‘there is no office of the First Lady in the Nigerian constitution’ and as such no official role for Presidents’ wives. According to him, there are ministries which are constitutional like the Ministry of Women Affairs and it should be allowed to promote women’s roles in governance.
He, however, assured Nigerians that in spite of this, women would play important roles in his administration because he knew what women could do if given the opportunity. “I was raised by my mother, as I lost my father when I was under six years, so I know what a woman can do if given the chance,’’ Buhari said. He explained that although he had respect for women, the provisions of the country’s constitution must be respected.

However, Buhari’s wife, Mrs Aisha Muhammadu Buhari had expressed support for her husband’s position. She opined that the president would not meddle with the office if it was constitutionally recognised. According to her, where such does not exist constitutionally, she will limit her roles to the traditional functions of visiting orphanages and caring for society’s down-trodden as the First Lady.

‘My husband as the President of this country will rule the country within the rule of law based on the constitution of the country. If the office of the First Lady is constitutionally recognised, he will not tamper with it, but if it is not, that’s okay,’ she said. Aisha, the wife of the President, as she would prefer to be called, said that she would perform her duties as the President’s wife.
‘Wives of Presidents have some traditional roles, such as receiving guests, visiting orphanages, helping the less privileged people. They also lead in the fight for the right of women and malnourished children, infant mortality rate, kidnapping and girl-child trafficking’ she said.

She, however, explained that not being addressed as ‘First Lady’ would not stop her from performing her duties and roles as the wife of the President. Explaining what should be the roles of women in governance, especially the wives of leaders, Mrs Oludolapo Osinbajo, the wife of Vice-President, stressed the need to ‘encourage other women so that we all can be mothers of Nigeria.’
Aisha Buhari

‘Mothers heal, comfort, nurture, provide and sacrifice. We have this virtue in us and by the grace of God, we will be given the opportunity to express who we are as women. We are the ones who set the standard in the family and we decide whether our children will be honest or dishonest.
We have this opportunity to effect change, not only to change the things that are happening in this nation, we have the opportunity to change ourselves.’

Corroborating the opinion of Mrs Buhari, various professional women groups, including those in the Diaspora, solicit specific roles for the wife of the President.

According to them, playing specific roles by the wife of the President and wives of state Governors will validate the popular adage that behind every successful man, there is a wise woman. They stress the need to encourage Mrs Buhari to embark on tangible humanitarian programmes, especially in the rural areas as part of efforts to empower more rural women.

Ms Jenny Okafor, the President of Nigerian Women in Diaspora Leadership Forum in United Kingdom, noted that Buhari’s wife had the ability to play the role of the mother of the nation in view of her academic background. ‘I believe that she will do well by concentrating on women empowerment, especially in the northern part of the country.

My advice to Mrs Buhari is to concentrate on designing adult education programmes for women and girls in disadvantaged states in the country. The girl-child education issue in the northern part of the country should also be her top priority as the wife of the President. The phenomenon of early-child marriage and the need to involve more women in leadership after due consultations with her husband is also a necessity’ she said.

Irrespective of Mrs. Buhari’s insistence to be called the wife of the President, observers note that many wives of state Governors still prefer to be called First Ladies. Whether or not the wives of political leaders should bear the title of First Lady, concerned citizens insist that the wife of the President and the wives of state Governors should be encouraged to play their roles without contravening the constitution.”

The issue here is not in the nomenclature “First Lady” but the power being arrogated to this position which is unconstitutional. Whether we like it or not, the wife of the President is the First Lady. Is it not even wickedness for Nigerians to deny the wives of Presidents and Governors the respect accorded their husbands when these women normally suffer the same fate with their husbands in most cases? Was Kudirat Abiola who would have been the First Lady of the most popularly elected President Nigeria would have had (Chief M.K.O. Abiola) not assassinated because of her husband? Was Aisha Buhari and her campaign convoy not attacked in Ilorin when they were campaigning for President Buhari? Moreover, what is bad in calling the First Woman “First Lady”? Does merely calling her First Lady give her constitutional recognition? There is a man called “Government Tompolo”, is he the Government? Since the President is considered to be the First Citizen of the Country, his wife (if only one) is the First Lady of the Country.

There definitely should not be a budget allocation to the office of the First Lady. The First Lady cannot use the public funds to execute her projects, but I think it is not unlawful for her to accept voluntary donations for her pet projects as long as the aim of the donor is not to corrupt her. We also all know how Mrs. Obama goes about her duties as First Lady of United States of America without being overbearing like the cases in Africa and Nigeria in particular. Lisa M. Burns in her Book “First Ladies and the Fourth Estate: Press Framing of Presidential Wives” suggests the following themes in First Ladyship in the United States of America as “public woman” (1900–1929); as “political celebrity” (1932–1961); as “political activist” (1964–1977); and as “political interloper” (1980–2001).

A Vulgarity of First Ladies
The same idea seems to have taken hold around the world with ‘cliques’ of regional First Ladies gathering for all sorts of projects spanning one, some or all of those themes and more. This is alright as long as it is not used to unlawfully emaciate and deflate the public treasury.

Sadly, some recent First Ladies in Nigeria, particularly at the State levels, have left the graces and comportment one would have expected of them to become vain, and exemplifying  greed as depicted in the Wikileaks debacle which exposed the exploits of some of our First Ladies who combine vanity, with greed and a lack of moderation that leaves sanity and morality absent beyond reason.

A Truth Commission Bites
The establishment of the Ogun State Truth Commission under the chairmanship of Hon. Justice Pius O. Aderemi JSC (Rtd) has brought some focus that should hopefully start the discourse about the role of First Ladies in Nigeria, having recommended the prosecution of the wife of the erstwhile Governor of Ogun State.

Justice Pius Aderemi as a former Justice of the Supreme Court of Nigeria is one of the best legal minds to properly assess these roles and even offer recommendations on how these roles should be undertaken.

Take Notice
A number of key statements in his recommendations are important to note and develop.
“The proven excesses of Mrs. Olufunke Daniel arose from the widespread abuse of spouses of Governors and Presidents when there is no legal basis for the office of First Lady in Nigeria. The State and Federal Governments should evolve an administrative mechanism that ensures that wives of Governors and Presidents carry out what they perceive to be their duties unobtrusively.”

“It is the view of the Commission that the victim established a prima facie case of criminal offence against Mrs. Olufunke Daniel,” “Mrs. Olufunke Daniel undoubtedly held herself out as a Public Officer by moving to the Petitioner’s house with armed police escorts and ordering the policemen to beat Mr. Odunaya.”
These two paragraphs are, without doubt, very lucid in the arguments that form the basis for putting the First Ladies of any sitting official or even First Gentlemen, First Spouses or First Partners in their places.

The inference drawn here is that certain wives of Governors and Presidents have been given to both excesses and abuses while answerable to no one, even though the immunity from prosecution of their spouses does not apply to them.

The Office of the First Lady of the Federal Republic of Nigeria in its website is listed as an organ of the Government of the Federal Republic of Nigeria. Indeed number three in the hierarchy of these organs of Government of the Federal Republic of Nigeria. The other organs listed are the President, Vice-President, the Federal Executive Council and the State House. The Office of the President is created by Section 130 of the Constitution. In the same vein, the Office of the Vice-President is created by Section 141 of the Constitution. The State House is the office of the President. The Federal Executive Council (constitutionally known as the Executive Council of the Federation) is created by Section 147 of the Constitution. However, there is nowhere in the 320 Sections of the Constitution of the Federal Republic of Nigeria where the Office of the First Lady is mentioned. See Attorney-General of The Federation v Atiku Abubakar (2007) 10 NWLR (Pt.1041) 1. In other words, the Office of the First Lady of the Federal Republic of Nigeria is not created by the Constitution or any legislation. It is a mere contraption existing at the whims and caprices of the occupants of the position of the President. Conversely there is no enactment of the National Assembly creating the office of the First Lady of the Federal Republic of Nigeria.

However, the office of the First Lady is unwittingly accorded the imprimatur of officialdom by the Federal Government deploying to the office senior and junior Civil Servants. Vehicles belonging to the Federal Government of Nigeria are being used to service the office. The deployment of vehicles and allocation of money to the office of the First Lady is decidedly illegal and void because there is no place for such office by virtue of the Constitution.

An Imperative for Reform?
Even though it is unconstitutional for a First Lady to usurp an official role under our laws, they have performed appreciable social and economic reforms, too many to be mentioned within the time and space of this work. They have shaped the official thoughts and deeds of all the Presidents. The former Military Head of State of Nigeria, General Ibrahim Babangida, had openly admitted that “Maryam had always admonished me when I go wrong”. Maryam Babangida brought glamour not only to the office but surely moulded her children to be among the humblest of all the children of the few former Nigerian Presidents and Governors known to me today.
In summary, the First Ladies can, and of course, must, continue to add value to the office and performance of their husbands but, definitely, on a private basis only.

Conclusion
From the elementary analysis I have attempted to make in this work, one can safely conclude that the office of the First Lady even though unconstitutional, is for a developmental advantage rather than a conduit pipe for siphoning the wealth of Nigeria where the nation’s resources are not allocated to the office as if it were a government department. Whether one likes it or not, all over the world, the wives of the Presidents and Governors have private offices not funded by government. Or, does one expect her to host wives of other Presidents, Governors, Ambassadors, etc. informally?

In the United States of America, The First Lady's office is located in the East Wing of the White House. The East Wing was built during World War II to provide necessary office space for the military assigned to function in the mansion and serve the President. Since military personnel also served as social aides at White House social events, it became logical during the Eisenhower years to have all of the social staff as well as the correspondence, scheduling and other personnel working for a First Lady to all be located in one place where military personnel was also located, and since then, the East Wing has housed the First Lady's staff. Rosalynn Carter and Laura Bush maintained working offices there with their staff while Jackie Kennedy, Lady Bird Johnson, Pat Nixon, Betty Ford, Nancy Reagan and Barbara Bush all worked from offices in the family quarters. Hillary Clinton was the first and only First Lady to also maintain an office in the West Wing, in light of her substantial involvement in many policy-related issues that the President's staff worked on. Mrs. Obama has an office too.

In other words, it can be an additional cost of governance if the President or Governor is corrupt. It is not an additional cost of governance if the President or Governor whose apron the First Lady is tied to is incorruptible and agrees that it is not entitled to budgetary allocations by the Government. However, nothing stops the President from donating part of the money meant for maintaining the President’s office to his wife to carry out some beneficial projects as long as no budget is made specifically for her own office as that is still part of executive function.

But whether their First men are corrupt or incorruptible, the moment that office is legalised as a government department, there is no way it will not become an additional cost of governance.

Being a Paper Delivered at the Breakout Session of The 2015 NBA Annual General Conference, Abuja, on 26th August 2015 by Yunus Ustaz Usman SAN.

THISDAY