Category: Idowu Akinlotan

  • Moghalu’s frustrations

    A LITTLE over a week ago, Kingsley Moghalu, an economist and former Deputy Governor of the Central Bank of Nigeria (CBN), suggested on a Channels Television programme that Nigerian youths had no clue how to pursue their interests. They were full of talk rather than action, he moaned, referring to what he described as their near absence in the last presidential election in which he ranked 14th with a paltry 21,886 votes for his Young Progressive Party (YPP). Said he: “The biggest disappointment was with the youths. The youth vote was absent. They make a lot of noise, they rant and rail but you will not see them on the voting day. And when they vote, they don’t vote in line with their rhetoric.” It is clear Prof Moghalu was unwilling to take solace in the fact that his party won one seat each in the Senate and House of Representatives.

    Though he was unsure whether to contest again in 2023, probably because of the depth of his frustrations with voters and his extreme disillusionment with Nigerian politics, insisting that “it’s too early to make that kind of decision”, it seems obvious that he is as guilty as the youths, whom he blamed for his loss, for misreading and misjudging Nigerian politics. The youths were impressionistic and talkative; but what would Prof Moghalu say of himself seeing that he announced his interest in the presidency barely one year before the election was due? He is probably right that Nigerian youths sometimes misread politics and appear not to know what is even in their own best interests, but the eminent professor also showed little adeptness in appreciating the dynamics of Nigerian politics and elections.

    When he announced his interest in running for office in February 2018, Prof Moghalu suggested that his interest was fired up by the “successive leadership failures of our civilian political class”, adding that “With love for our country and a fierce commitment to a vision of rapid progress for our more than 180 million citizens, and following wide-ranging consultations, I offer myself to serve you as President of the Federal Republic of Nigeria as from May 29, 2019”. At 56 years of age and as a lecturer in international business and public policy, he is vastly equipped theoretically to run a good government. He was in the Central Bank of Nigeria for five years as deputy governor, and had stints with the United Nations. Had he won the election in the dreamy manner Emmanuel Macron won the 2017 French presidential poll, Prof Moghalu would no doubt have been a breath of fresh air in the stale and anti-intellectual corridors of power in Nigeria.

    But his freshness and intellectual capacity notwithstanding, Prof Moghalu knows very little of Nigerian politics. He may disagree with its rubrics and feel ashamed that it has tended over the decades to elevate nonentities to office and prominence, but his ignorance of its dynamics, as attested to by his vituperations against Nigerian youths, is truly inexcusable. Contrary to his accusation, the youths he claimed railed and ranted but disappeared on election day, actually voted more than any other segment of the population. And he was only partially right that they often voted against their rhetoric. The electoral body, INEC, is yet to give a breakdown of the voting dynamics of the last polls, but Prof Moghalu will be surprised to discover that the youths he thought so little about could actually teach him a thing or two.

    The biggest question in the last presidential election was who among the 78 presidential candidates to trust with the country’s money. The dominant opinion before the poll was that President Buhari, despite his many warts, some of which violently negate his good attributes, fit the bill much more than his main challenger, Atiku Abubakar, a former vice president. In the opinion of this column, Prof Moghalu would have been a far better manager of the country’s finances than the two leading candidates in the last election, since President Buhari does not even understand modern finance, and Alhaji Atiku never quite managed to dispel doubts about his fidelity to financial ethics. It was, therefore, important that the eminent professor proceeded from the mindset that there was nothing inevitable about that biggest question. He was at liberty to coax the country into reframing the “biggest question” just as former United States president Bill Clinton boldly did in 1992-1993, and Mr Macron suavely also implemented in 2016-2017.

    Prof Moghalu, however, concentrated his efforts in presenting himself as the best alternative available, emphasising his financial and policy skills, and reiterating the lack of capacity of his opponents, particularly the leading candidates. There was nothing wrong with focusing on his capacity, which was far higher than the two leading candidates’, but in the face of the leading questions of the day, the eminent professor was preaching only to himself. Every segment of Nigeria’s voting population has its peculiarities and weaknesses, and the youths are not exempted. But it was left for an astute politician to understand those idiosyncrasies, probably help to redefine them, circumvent their booby traps, and reshape and redirect the thinking of those population segments. Prof Moghalu was obviously taken in by the rhetoric of the youths; but he did little or nothing to help channel their convictions to something more positive and noble.

    One year was not enough for Prof Moghalu to make the impression needed to win the presidency. He should not compound his deficiencies by dismissing youths as full of tendentiousness and rhetoric. If he is made of sterner administrative and intellectual stuff as he gives the impression, he should know that he will still need the same youths in the near future. The youths are in equal measure the hope and bane of the future. A wise politician and candidate will find ways of penetrating their suspicions, dissipating their loathsome superciliousness, and helping their flimsy ideas and expectations to coalesce around something far bigger than they are. The professor should learn from politicians in other parts of the world who rose from ashes and impossibilities to take their countries by storm.

    This piece is of course not to endorse Prof Moghalu, for little is known of his temperament or inner qualities. All that can be seen in public is his intellectual prowess, and perhaps too his oratorical flourish. Little is known about the things that have shaped his worldview, assuming his worldview can be discerned from his insecure and tentative approach to politics, and even littler about his views on ethnicity, religion and ideology — whether they are as transcendental as he gives the impression or are significant only to the extent of the treatises his intellectual pronouncements open a window into. Whatever the case, if Prof Moghalu wants to be taken seriously, he must first define himself and impress that definition on the minds of the electorate, particularly the youths. He must also refine his understanding of the issues that shape Nigeria, particularly its politics, economy and society. And then he must recognise that it takes much longer than he romanticises to become an avatar.

    It is too early for him to become nasty simply because the manner of his repudiation at the polls was exceedingly humiliating. He was wrong to blame the youths, whether in part or in whole. And it was impolite of him to begin to exhibit the kind of exasperation with the electorate that older and complaisant politicians often display. Far worse for him, especially for a politician who exaggeratedly tries to pose as one of the country’s leading pathfinders, is his disconcerting advocacy of zoning. In the Channels Television programme in reference, he argued that the presidency should be zoned to the Southeast in 2023, presumably to augment his chances. Instead of that fruitless campaign, he should concentrate on becoming an acceptable politician with countrywide contacts, one who is not afraid to champion great and sometimes controversial issues, and one who would not want to be stereotyped. Why, for instance, can he not become the most respected unofficial opposition to President Buhari whose policies and style hark back to the 1950s, and whose promotion of ethnic exceptionalism has contributed significantly to the turmoil in the country?

    The next general election will be fateful in ways probably never anticipated. The issues at play will become more complicated; the country will badly fray at the edges because of a long history of hugging illusions; and the divisions and conflicts between ethnic and religious groups will become very difficult to manage. These issues have already become deeply and fearfully problematic. Unfortunately, there are no initiatives of any kind to tackle them. Prof Moghalu and other politicians with an eye on 2023 will have to undertake a fresh examination of these problems and be ready to defend their ideas on how they should be managed. The time to start is now. The old order of instinctive infatuation with retired military officers is disappearing, and President Buhari is probably the last army general to be voted into the presidency, at least for decades to come. A new future beckons for aspiring leaders who are clear-sighted about what should be done with the country’s stultifying and unworkable structure, or with the poor and unthinking style of governance, or with the appallingly poor and damaging policies that emphasise and reinforce sectional and insular interests.

    Indeed, if President Buhari will not open up the system to all Nigerians, and humble himself to ask for help from knowledgeably and patriotic experts in finding solutions to the country’s multidimensional problems, 2023 itself will be endangered. It is shocking that the only people who can see and feel the looming danger are those outside this government, a government that seems deliberately impervious to the catastrophe being plotted by Nigeria’s deeply alienated millions, a government that appears not to appreciate how badly the image and influence of Nigerians has waned everywhere.

  • Lawyers and judges should be ashamed

    THE Code of Conduct Tribunal (CCT) judgement in the asset declaration case involving the former Chief Justice of Nigeria (CJN) Walter Onnoghen has no pretext to be called a judgement, let alone one authored by anyone with a modicum of legal knowledge. CCT, as everyone now knows, and as Danladi Umar, the chairman of the tribunal, admitted in the course of the trial, is virtually a presidential department that acts unreasoningly as a rod of punishment in the wrinkled hands of the presidency. Every ground upon which the CCT panel based its conviction of Justice Onnoghen had nothing to do with law, whether it was the issue of jurisdiction or any of the planks of the substantive case itself. Instead of law, Nigerians saw politics, inane politics writ large.

    It is strange that very little outcry has visited the parody of justice in the Onnoghen case. Perhaps this may be due to the fact that everyone, including legal experts themselves, expected the CCT to convict the former CJN. After all, with its notorious, unprecedented and unconstitutional use of ex parte order to suspend the CJN, why would anyone be surprised that it has taken a department of the presidency to finally sack, banish and expropriate Justice Onnoghen? The problem here is not simply that the former CJN was found guilty of false declaration of assets; of course if the evidence and legal procedures that undergird justice lead in that direction, it would be appropriate to convict him. He is not above the law. No one should be, though in this instance, the presidency has acted, portrayed and placed itself above the law, demolishing the bases upon which the law is anchored in Nigeria, while purporting to fight corruption.

    Lawyers and judges have made only muted references to the case, tiptoeing around the issues raised in the trial, and petrified of the presidency’s sledgehammer. They are afraid of the binary thinking of Nigerians who accuse anyone who questions the trial or the deployment of illegal and indefensible procedures in the case as either supporting Justice Onnoghen’s malfeasance  or supporting corruption in general. The menaces of those who know little about the law have been strong enough to deter the just outcry of those who know the law. The presidency and many Nigerians accuse the judiciary of outrageous corruption; because of that, few people have been courageous enough to stand up for the third arm of government. This irrational fear of the executive has encouraged the presidency to prey upon the biases of the people, cajole vulnerable judges and lawyers, and welcome the short-sighted acquiescence of many judicial officers. In short, the judiciary is now completely subjugated. Few care. It is enough for them that they have invested the Buhari presidency with altruism. Nothing else matters.

    Had the presidency foresightedly closed the Justice Onnoghen case immediately he tendered his notice of retirement, they would have spared the CCT the humiliation of contradicting and perjuring itself by its tendentious and questionable judgement, one in which it worked from the answer to the question. Now, one of the consequences of allowing the case to drag on to its despicable conclusion is that the ponderous Court of Appeal, which springs into life in political cases, will now be forced to also decide on the Onnoghen appeals before them. The appellate court has a choice between following or associating with the inane legal style and practices of the CCT or redeeming itself by letting justice be served. But the appellate judges may also feel vulnerable; and they will wish the Onnoghen cup to pass over them. However, thanks to the stubborn former CJN who insists on seeing the galling case to its logical and damning conclusion, the Court of Appeal will have to decide whether to bow to ignominious quibble or do justice. Soon, too, the Supreme Court will have to vote for law or politics, for honour or something else.

    With the executive arm too far gone in their abominable ways and too steeped in conspiracies to toe the path of decency and rectitude; and the judiciary now panting for air, fooling themselves to think that with the CCT judgement they can at last begin to rebuild; and the National Assembly yet to show their hand, it is not clear what the fate of the country will be. However, the omens are not good at all. Good men, it seems all but clear, are either not enough in the country, or they have chosen to keep quiet in the face of evil. One way or the other, curses are like chickens; they always come home to roost. It may take time; but it will surely happen.

  • APC, Buhari and 2023 (2)

    THE All Progressives Congress (APC) is still embroiled in the politics of electing the principal officers of the 9th National Assembly. It has temporarily ignored the weightier responsibility of building a party of great principles, platform and ideology. It believes that after discipline is restored to a party that barely held itself together to eke out a victory over the Peoples Democratic Party (PDP) in the last polls, then the other salient issues that give life to the party could be attended to with fervour and dispatch. They and their supporters will hope that, unlike what took place in 2015, no party member would break ranks in the National Assembly to protest the decision of the party to present consensus candidates. They will need extraordinary bargaining chips to mollify the rage building up in the party, and to pacify aspirants to the various offices who have begun to resent the firmness and imperiousness of the party chairman, Adams Oshiomhole.

    President Muhammadu Buhari may have won the election by a wider margin than he did in 2015, but his victory, he and his supporters will confess, is attenuated by the controversies and inefficiencies surrounding that election and victory. In many states where he previously did well, particularly in the Southwest, he has been repudiated probably on account of his loathing for issues like restructuring, which weigh greatly on the minds of the electorate in that region, and the manner he exuded a feeling of exceptionalism. Fortunately for him, he cannot go for a third term. The main concern of his party will therefore be that his actions, style and policies, all of which are difficult to embrace even in the best of times, would in the next two or three years not alienate the country. APC leaders may have instinctively grasped that, and seem set to build a far more robust and cohesive party once they can manage not to fall apart in their election of principal officers.

    No one doubts the capacity of the cantankerous APC to begin the process of rebuilding its structures, image and platform. Throughout the first term of President Buhari, the party never operated as a party, because the president preferred to run his government as if he was not the product of a party. Those who could hold the party together were also alienated. It took the fear of losing the 2019 polls to trigger what seemed like a forced reconciliation within the party. What matters eventually is that despite harbouring many powerful interest groups operating independent of one another, a contrived reconciliation took place, and a semblance of law and order now prevails in the party. If they can begin rebuilding their party without losing their minds or many of their powerful politicians, and if they can manage to circumscribe the naive politics of the president and castrate the sycophants and opportunists around him, they may hold themselves together and offer a worthy counterforce to the rapidly improving but still weakened PDP.

    The PDP will be the main nightmare of the APC in the next two to three years. They may have made a strong showing in the last polls, and are obviously not a pushover, but they are yet to demonstrate the acumen and pertinacity of the great party envisioned by their founders. If circumstances can coax ex-vice president Atiku Abubakar, their nomadic presidential candidate in the 2019 polls, to stay loyal to the party, he seems to have the presence, inflexibility and character to champion the party’s long-term reawakening. His interests are, however, fickle. If he discovers he will unlikely be the party’s candidate in the next polls, given the country’s unwritten rotation principle, will he retain enough interest in the party to manage internal schisms and fund a brilliant and aggressive opposition politics? No one is sure. But the party made huge gains in the last polls and made even far better impression on the electorate than to allow themselves to be ignored or belittled in the coming years. If they can manage to keep a semblance of unity, refine their platform and ideology, and manage their internal wars better than the ruling party has done so far, they may yet regain control of the presidency.

    In the 2019 polls, the PDP betrayed a sense of desperation in their effort to win the presidency, whereas all they needed was to express a sense of urgency and responsibility. If they approach the 2023 polls, particularly the presidential election, with that same sense of desperation they showed in 2019, they will come to grief again. The APC on the other hand will likely begin a methodical approach to running their party, mediating internal conflicts and fighting electoral wars. They may be successful in their objectives if Mr Oshiomhole can balance his firmness and purpose with diplomacy and inclusiveness. They will fight a great battle to retune and reset the party, and probably flush out or neutralise a few more rebels, but they must not underestimate the task ahead, one that is likely to be complicated by powerful individuals with close ties to the president, individuals who cannot survive on their own without riding the coattails of the president.

    Having lost major elections twice, and were purified by that mere act of defeat, the PDP is unlikely to face more intense internal battles like the APC. The defeats of 2015 and 2019 have  had a laxative effect on the opposition party’s ideology, and a winnowing effect that has to a large extent removed uncommitted politicians from the party. There are many in the APC who can survive and indeed flourish in the PDP. But there are not many in the PDP, which is evidently more conservative than the APC is progressive, who can survive, let alone flourish, in the ruling party. That means that on balance, despite the largess available to members of the ruling party, the PDP has more committed natural conservatives than the APC has disciplined progressives. These ideological and philosophical persuasions are likely to be a factor in the years leading to the 2023 polls. In 2015 and 2019, the APC set great store by a formidable candidate, one with a cult-like following. In 2023, they may find themselves relying more on the formidability of their party and the depth, rather than the charisma, of their presidential candidate.

    In the 2019 elections, the APC got away with downplaying many issues, especially restructuring. In the next polls, they will have to confront controversial issues, and face up squarely to the issue of the national question. The country is in turmoil today. That turbulence did not suddenly happen; there was a build-up over the years. Nigerian leaders have irresponsibly evaded the topic of political structure and pretended that the country’s distress was almost entirely one of law and order, or tangentially, one of corruption. The crises breaking out all over the country and overwhelming security agencies were not the product of overnight misunderstanding. Those contradictions steadily grew over the decades, reaching a crescendo in the past few years. Not only is Nigeria’s federal structure a monstrous contraption, the country operates a costly and laborious system that is bleeding everyone dry and stultifying growth. If President Buhari intensifies his law and order approach, he may buy some little time, perhaps a year or two. But it is clear that the status quo cannot be sustained for much longer.

    Before the next polls, the APC must find an answer to these existential puzzles in a way that is persuasive and precise. It has waffled over the issue of restructuring considerably, partly because the president lacks the depth and vision to know better, and too many sycophants in the party help prop up his deficiencies. In the years ahead, the party will have no elbow room to manoeuvre, even if the country should enjoy some temporary relief in the interethnic and interreligious battles that are coalescing. The PDP has tried to come to terms with some of these dire issues, and have mellifluously addressed the hot-button issue of restructuring. They sound convincing; but the years ahead will determine whether their view on the matter permeated the entire party or was just an expedient tool of realpolitik in the hands of Candidate Atiku and a few of his close supporters. Whichever party addresses these salient issues more convincingly and coherently in 2023 will likely sway the votes.

    Both parties will by now be studying the open and coded messages contained in the electoral outcomes of the 2019 polls, whether at the state and federal levels or at the regional/zonal and ideological levels. They will for instance note that the country has remained essentially divided between North and South, and that the South has made steadier progress in the direction of a civic culture than has the North. Political participation is much more improved in the North than in the South, and the Southwest than in the Southeast, and in the North Central than in the South-South. The parties will want to make sense of these discrepancies and idiosyncrasies, and find explanations for why the Fourth Republic has seemed not to advance significantly beyond the schisms of the First and Second Republics. They will also note that politics in the Southwest has regressed distressingly towards the national mean, indicating their susceptibilities towards primordial cleavages and other ancient and modern prejudices. Outsiders and vote herders may malevolently mine that field in subsequent polls as illiteracy and ignorance run rampant in the Southwest.

    However, all is not gloom. The Southwest is also showing that it is possible to be discriminating in embracing candidates and ideologies. At the governorship level, the PDP took Oyo State, made a strong showing in Ogun State and would have done much better had they not been divided, and threatened and are still threatening Osun State. On the whole, with the exception of Lagos State, both parties have won elections by margins that are humane and lost by margins that are not inhumane. Slowly but steadily, Southwest leaders will have to spend extra time and effort in producing candidates that are acceptable to the electorate, while undergirding their campaigns with issues and ideas that the people can cotton onto. Indeed, in the 2019 polls, it was obvious that the Southwest votes appeared to have counted much more than some other regions.

    Other geopolitical zones have also advanced beyond the crudity noticed in earlier republics, even if that advancement has not been comprehensively and regionally solid. With each passing election, and regardless of the electoral apparitions conjured by the Obasanjo presidency, Nigerian democracy has grown reassuringly by inches and yards, though not by leaps and bounds. It may get better if the country manages to wean itself off its masochistic delight in voting retired military leaders into office in the mistaken belief that they are capable of instilling discipline in the polity. President Buhari’s Neanderthal style appears to have cured most Nigerians of that infantile craving, except the most extreme laggard.

    Between 1999 and 2007, Chief Obasanjo ran a leg of his party’s presidential relay race abominably, and needed to foist an unpopular candidate on his party and country to sustain his schizoid view of life and politics. When Goodluck Jonathan took the baton, he ran an even poorer leg than both Chief Obasanjo and the late Umaru Yar’Adua. It was not surprising that the PDP could not sustain their electoral shenanigans beyond 2015, a far cry from the boastful and arbitrary 60 years they swore oath to uphold. President Buhari has taken the first leg of the APC presidential relay race. He was widely advertised as a fleet-footed sprinter. But instead he is running an appalling leg. If he is not to gift his party a disastrous race in 2023, he must rejigger his leg of the race, assemble a far better team than he did in 2015, come down from his boastful and sanctimonious heights, select a great and inclusive kitchen cabinet of the brightest and the best from around the country, and, despite himself, lay a solid foundation for the rule of law, democracy and human rights. Yet, he has divided the country, and the country is drifting further apart on account of his statements, style, politics and insular preferences. If he is not committed to the change advertised by his party, they will stare apocalypse in the face in 2023.

     

    • Concluded
  • Onnoghen case ends anticlimactically

    ONCE the Muhammadu Buhari presidency latched on to the controversial January 23, 2019 ex parte order given by the Code of Conduct Tribunal (CCT) to effectuate the suspension of the Chief Justice of Nigeria (CJN), Walter Onnoghen, it was all but clear that the jurist was a marked man, in fact a dead man walking. It is only on rare occasions that a citizen is vindicated by the law in his battle against the state, particularly a state that pretends only to constitutional rule but is at bottom authoritarian. Even when the lone warrior is squeaky clean, the outcome is rarely in his favour, let alone when some dirt is found ensconced in his cupboard. It took a little over two crazy and dizzying months for Justice Onnoghen to fight the system, a fight that was both hopeless and ruthless, but in the end, with his retirement last Friday, the case has appeared to end anticlimactically.

    It no longer matters whether Justice Onnoghen was innocent or not, or whether he will get a soft landing or not, or even whether the case against him will continue in the courts or not. What matters is that even before he was confirmed as CJN in March 2017, after occupying that office in acting capacity for three months, he was still not the president’s choice. In fact the president did not seem averse to enduring a constitutional crisis in his bid to bar Justice Onnoghen from becoming the CJN. Was the president guided by concerns over Justice Onnoghen’s competence, or was he persuaded by ethical concerns in view of the reports in some quarters that the eminent jurist was mentioned in the Justice Kayode Eso report that indicted some judges for corruption? The president did not say, and perhaps may continue to resist any attempt to coax him to give an explanation. But by keeping silent, the president allowed suspicion to fester that his action was inspired by ethnic rather than national considerations.

    After a valiant two months or so of fighting the state in a case that traversed the CCT and the Court of Appeal, Justice Onnoghen finally threw in the towel. He thus disappointed those who hoped he would fight to the bitter end, no matter the cost, and especially because he was beginning to look good in the eyes of the law just as the presidency was becoming more desperate and reckless. He had been tried in the media and found guilty to the dismay of the judicious but the satisfaction of government supporters. However, the government’s case against him was wilting badly under cross examination. Justice Onnoghen suggests that his notice to quit is based on his desire to spare the judiciary further punishment and bad image. But he knew the dangers his initial determination to pursue the case exposed the judiciary, including the unprecedented humiliation of putting him in the dock before the chairman of a quasi-criminal court.

    Even though the real reasons for throwing in the towel are probably known to only him and his counsel, there are suspicions in other circles that perhaps he had had enough, his mind becoming wrought up, and his blood pressure too agitated by the attention and relentless battering in the press to keep responding very positively to medication. There is a limit to which the heart can be tormented. Others suggest that the government was prepared, in its desperation, to push matters up a shattering notch in order to stave off a constitutional crisis which the effort to confirm Acting Chief Justice Ibrahim Tanko Muhammad might elicit. Justice Muhammad is a product of an illegitimate CCT order, not the advice of the National Judicial Council (NJC). It would take a careless and indifferent NJC building something on the CCT’s nothing to butt in on the process and recommend an extension of the acting appointment of the Acting CJN. But if Justice Onnoghen could be cajoled into retirement, the NJC, having already been inoculated against reason and the principles of natural justice, would feel relieved to make the long-awaited recommendation. They were not expected to feel embarrassed to recommend someone who by their rules should be forced to quit on account of being used by the executive branch to supplant the natural order of appointment of judges.

    If in the beginning Justice Onnoghen thought he could get justice, especially someone of his calibre and juristic experience, many Nigerians, including this writer, had felt drawn to associate with his idealistic and legalistic dreams and daredevilry. They hoped he would keep fighting, even though they knew more than he that the fight was unequal and hopeless. His sympathisers were more shocked and disturbed by the impunity of the government and the persecution it had authored and inspired than by whatever administrative or ethical warts were alleged against the CJN. As it turned out, the CJN’s case was holding up surprisingly, if a little admirably, well in the courts despite the hostility, bias and incompetence of the judges arraigned against him. But Justice Onnoghen himself, it turned out, had more sense than many gave him, and than the government and the media gave him. He knew when to quit. He had entertained some slim hope that the NJC would be smitten by conscience and would lend his cause, nay the cause of an independent judiciary, some solid support by resisting the meddlesomeness of the executive branch. He was cured of that disease last week. On Wednesday, after many rigmaroles, the NJC finally threw their CJN under the bus and hissed at him. Despite his idealism, Justice Onnoghen should have known the character of the NJC he headed for more than a year and a half.

    The legal profession is regarded as conservative, even when some judicial activists happen along the way. But the NJC is even more conservative than the law. The law on its own has some character. But it is difficult to determine what resides in the heart of the NJC, character or something unmentionable else. They are trained to be sceptical about the guilt or innocence of an accused. But like many lawyers and general commentators, they seemed easily persuaded that Justice Onnoghen had been damned over and over again. They may know the law, but as far as the law goes, the practitioners of the law need spine to push and defend their knowledge of the law. When Justice Ayo Salami stepped on powerful judicial cum political toes in 2011 under the Goodluck Jonathan government, a few top members of the NJC were instigated to rise against him. When it became clear that Justice Salami had indeed been the wronged man rather than the wrongdoer, the NJC could not muster the grit to defend or exonerate him, even when he confronted them openly and with witnesses with enough exculpatory evidence. Justice Onnoghen unwisely reposed too much hope in the NJC, not minding whether they had many ambitious jurists among them and others whose calculations had nothing to do with the law, constitution or reason.

    When Justice Salami was sacrificed in August 2011, and stayed suspended for more than two years, few knew how far down the misty and murky road the country’s judiciary would be compelled to travel less than one decade later. Now the NJC has behaved true to type and done even meaner things than they did eight years ago. The decision they took to recommend Justice Muhammad as the next CJN, regardless of the atrocious use of ex parte order by the CCT to emplace him in acting capacity, will still return to haunt them. When the Justice Salami suspension took place, it was on the recommendation of a compromised NJC frivolously punishing the President of the Court of Appeal for refusing to apologise to the then CJN, Aloysius Katsina-Alu. No one thought the country would one day witness a president seizing upon the flimsy order of a tribunal to suspend the CJN. Well, it has happened, and the NJC is at peace with that anomaly. Indeed, the country, short-sightedly thinking the president’s unprecedented measure enhances the fight against corruption, has backed it with a ferocity and recklessness typical of the black race’s lack of perspective thinking.

    In the two or more obscene months that the case lasted, Justice Onnoghen had seemed to weather the surprising collusion of the judiciary with the executive arm. Whether he meant it or not, he gave the impression that he would be exculpated at the end of the mistrial. But gradually, his confidence began to erode when the chairman of the CCT, Danladi Umar, forsook the law and began to approach the case conspiratorially  and inquisitorially like a presidential appointee. It got so bad that Justice Onnoghen’s defence counsels wondered whether this was still the Nigeria they knew, or whether what was happening in the CCT had any pretence to be described as justice. In the matter of recusal, the CCT chairman bluntly refused to recuse himself. In the matter of jurisdiction, Mr Umar, despite the provisions of the law, insisted he would rule on that at the judgement stage pari passu with the substantive case. And what of the controversial ex parte order? Why, of course, it would be addressed after the final judgement. All three issues are before the Court of Appeal, already argued, but obviously kept meanly in abeyance. The obvious interpretation is that the Court of Appeal simply stayed away from the matter because it was too risky and they too were living in a glass house.

    The last few months have been very bad for the judiciary in Nigeria, with judges and many legal experts playing ignoble roles. On the whole, under the Buhari presidency, the judiciary has not fared well at all. It will get worse. In the coming months, with the ruling party dominating the legislature, and the judiciary weakened by relentless assault by a presidency which can’t seem to understand the principles of democracy, Nigeria will need special effort to stave of fascism, open or disguised. It will become harder to get justice in Nigeria in any case the government is interested in. In the past one or two decades, appointment to the bench had been corrupted by sundry considerations, and increasingly judges without depth and character had begun to populate the bench. The consequences are beginning to manifest. Unfortunately, the Buhari presidency, which sees itself in the military mould as a corrective government, has also failed like its predecessors to understand the urgency of laying a solid and inspiring foundation for democracy. It doesn’t understand the principles of democracy, not to say of federalism, and so it can’t fathom why the future implications of a policy must always be taken into cognisance.

    It is possible that Justice Onnoghen may be guilty of one or more of the allegations levelled against him by either the Code of Conduct Bureau (CCB) or the increasingly politicised Economic and Financial Crimes Commission (EFCC). But it was important that the judicial process must not be corrupted, distorted or abridged in bringing him to book. President Buhari has spoken disdainfully of the judiciary as a whole and the exploitation of technicalities in particular. Had he spent a part of his first four years in office reforming the law, rather than hating it, technicalities could have been written out of the Nigerian legal system like some other legal systems elsewhere in the world have done. Until he does that, however, he and his government must find the discipline to respect the law, whether some of the provisions favour them or not. In any case, to what extent did Justice Onnoghen even exploit technicalities in seeking justice? The Buhari presidency has not been profound at all, and it has seized upon a country so superficial in its approach to and understanding of the rule of law that it is exploiting mass ignorance and emotions to build a dangerous legal and legislative template for a disastrous and illiberal future.

    The interventionist rot in the judiciary started, in recent years at least, with the suspension of Justice Salami, President of the Court of Appeal. Now, it is Justice Onnoghen, the Chief Justice of Nigeria, who is being thrown casually under the bus. Who is next? Inconclusive elections began with Kogi State in November 2015. Now it has become a national and despicable template for controversial polls. What is next? A people’s liberties, as Germany in the late 1930s showed under the NAZIs, are lost inch by inch, not in one fell swoop, until the whole society is itself imperilled. Can’t Nigerians take a look at their country and see whether it is becoming more liveable or less liveable, more democratic or less democratic, more secure or less secure? Who has bewitched them? It must be stated clearly and forcefully that nothing good will come out of the appalling manner Justice Onnoghen has been treated, whether he offended the law or not. The future is indeed pregnant with terrible auguries, particularly because of the presence in office of a government which no one has ever accused of acting with altruism in anything.

     

    • The second part of APC, Buhari and 2023 will be published next week
  • APC, Buhari and 2023 (1)

    IN his response last Friday to the demands by the visiting Christian Association of Nigeria (CAN) leaders that he should run an inclusive government in his second term in office, President Muhammadu Buhari spoke guardedly of focusing on merit and national spread “in the area of allocation of political offices”.

    If newspaper reports captured the president’s thoughts and statements well, he is unlikely to mean that the inclusiveness he has in mind would spread to other sectors of national life as counselled by the CAN.

    The Christian leaders, the reports indicate, want no exclusion of any kind, and mean no focus of a particular type, in their admonition to the president. In one of his foreign trips early in his first term, the president had some problems comprehending the concept of inclusiveness when foreign reporters drew his attention to it.

    But Nigerians must reassure themselves that since then, the president has had a better understanding of that concept, even if he is still wary of its full import.

    Since the All Progressives Congress (APC) won the presidency a second time weeks ago, a feat, considering the noticeable dysfunction in the ruling party, neither the president nor the party has embarked on the characteristic spadework winners in major elections undertake before assuming office. This spadework was not done in 2015 when President Buhari won his first term, thus leading to the confusion and wrangling that typified the last four years of his presidency. Party leaders and the rest of Nigeria will hope that beyond correcting the mistakes of the party in electing National Assembly principal officers, the APC and the president will adequately and expertly address the more germane issues of policy and political culture in the next four years.

    President Buhari’s predecessors had the opportunity between 1999 and 2015 to lay a solid democratic foundation for the country and an even more solid political cum economic structure, but they were too carried away by their repeated victories and the trappings of power to notice the more fundamental things needed to build a great nation. Though he was distracted by poor health in his first term, President Buhari still had the chance, assuming he paid attention to the things that mattered, to take a closer and futuristic look at the country’s weak and faltering foundation. Repeatedly, however, and influenced by his uncritical and grossly mistaken view of the country’s politics and economy, he spoke glowingly of the political givens and denied the existence of the unresolved fissures threatening the fabric of the country.

    So far, neither the president nor his party has indicated they wished to address the country’s fundamental problems beyond the ad hocism they have promoted for four years. They even make light of the problems, and have disingenuously tried to reframe them in cultural, moral and religious terms. A look at the margin and spread of the APC/Buhari win suggests that the country is merely reposing some faint hope in the ability of the ruling party to find a way to address the factors that afflict the society, stymie growth, and give a false sense of peace and stability. Whether the president and his party have the competence and understanding to address these fundamental problems or not, they must be reminded that their course of action in the past four years led to nowhere but a cul-de-sac.

    The APC had the upper hand in the 8th National Assembly, though that advantage was naively frittered away. That they found the legislature unmanageable during that period was due more to their incompetence and incomplete understanding of democratic principles than to the selfishness and recalcitrance of legislative leaders who prised power loose from the feeble hands of the ruling party. They could still have handled the legislature very robustly; instead they sulked, damned the world, and resigned to fate. With such an appalling mindset, what is the proof that their unquestioning and overwhelming dominance of the 9th National Assembly would ineluctably translate into a robust and engaging lawmaking culture? None whatsoever. Indeed, with a little more naivety, such as they are perfectly capable of producing, the ruling APC and their president could move to the other extreme of treating the legislature, particularly their own lawmakers, with condescension. Despite their protests to the contrary, none of the aspirants to the principal officers positions in the legislature has exuded the conviction and independence required of effective legislative leaders.

    The APC stopped just short of securing the overwhelming two-thirds majority needed to dispense with the stalling tactics and filibustering of the Peoples Democratic Party (PDP). But their dominance is nevertheless still suffocating. President Buhari and his party gave the impression that their efforts at reforming the country was hamstrung by an uncooperative 8th National Assembly. It is not true. Their efforts were undermined by a lack of reformist agenda, one which the country could identify with or own. If they still do not produce a great reform programme in their second term, the unchecked power of a president who seems above everything else to love power for its own sake will reinforce the supineness of a legislature eager to surrender its powers of oversight. The outgoing legislative leadership duo of Bukola Saraki in the Senate and Yakubu Dogara in the House of Representatives actually gave a semblance of how a legislature should function. Had the independently-minded Dr Saraki not been offensively self-centred, he would, together with the reflective and even-tempered Mr Dogara, have given Nigeria the most effective legislature since 1999.

    If by a miracle the National Assembly can find the character to be independent, they should be able to nudge the rather staid and conservative President Buhari into recognising the divisions in the country which the outcomes of the recent elections reflected. This hope may be far-fetched, but it is not unrealistic. The APC must understand that increasingly an iron curtain is being drawn roughly between the North and the South, and between ethnic and religious groups. There are of course other pockets of disasters waiting to happen, in addition to the ubiquitous but needless conflicts laying the country waste in all the six geopolitical zones of the country. But if the APC can stop living in denial and find the discipline to study all the factors predisposing the country to instability, and if they can rein in their monarchical tendencies, they should be able to grapple with the country’s existential problems, problems which need fundamental solutions far beyond the tinkering and pussyfooting both the ruling party and the president have deployed in the past four years.

    The APC under the excitable Adams Oshiomhole is a little more disciplined than it used to be. But though Mr Oshiomhole is capable of flying off the handle at short notice, the party must thank him and his executive committee for finding the boldness to confront and contend with the fiefdoms some of the party’s notable state leaders had created. By unhorsing the feudalists in the states so unceremoniously, but with implacable resoluteness, the party gives itself a fighting chance of running more optimally and very successfully than it has done so far. But this also implies that more battles lie ahead, for the party’s leaders have made more enemies in one year than they made in five.

    The 2019 elections exposed the political ineffectiveness of the cabal around the president. While they are adept at manipulating, and sometimes misusing, power, they lack the shrewdness to face up to the machinations of the political opposition, not to talk of running the ruling party with the brutal and fierce efficiency needed for these times. On Thursday, the APC celebrated one of their party leaders, Bola Ahmed Tinubu, in Abuja. They are fortunate to have someone in their midst whose instinctive grasp of Nigeria’s political dynamics helps them to anticipate and checkmate the plans and calculations of the opposition. Exiled shortly after the party first gained office in 2015, he was restored only when it became clear that those built to replace him had neither his savvy nor his connections and reach. In fact, had there been no such reconciliation at the time it happened, the 2019 elections would have been lost altogether, for Asiwaju Tinubu, both in 2015 and 2019, virtually held the party together, sharpened its focus, and inspired their victories. He is much criticised, often unfairly, but he takes consolation in the fact that he evokes so much passion around the country, and neither his friends nor his enemies are indifferent to him.

    The political reverses in Imo, Oyo, and to some extent Osun and some other states provide lessons for the APC in how a party can easily lose influence or power. If the APC is to avoid disaster in 2023, they must learn their lessons. They must encourage the ongoing restoration of party supremacy, separate party dynamics from the executive arm of government, retain faith in the party’s internal conflict resolution mechanisms, reform and expand party finances, and embark on large-scale recruitment of new members. They must also sharpen their ideological focus, gradually weed from their ranks the conservatives and reactionaries who have diluted their worldview, and generally run a better, tighter and more disciplined party. They must resist the temptation to view the opposition PDP from a haughty and moralistic pedestal. Nigerian democracy needs the opposition. The PDP, despite the president’s many pejorative statements and the anti-graft bodies’ excitableness, not to mention commentators’ unreasoned descriptions and stigmatisation, is a partner in building and sustaining democracy. The opposition must be accorded the respect and cooperation needed to sustain their confidence in the system. After all, sometime in the future, the APC will find itself again in the opposition; and if they do not institute a great culture of tolerance and cooperation, they could one day be hoisted with their own petard.

    More importantly, as the country moves in the coming years towards engaging the factors and issues that will shape the 2023 elections, it is important for the president to set the right tone if the initiative is not to be taken away from him before 2021 is over. He enjoyed only a limited and qualified success in his first term. In fact, by most considerations, that success was so slender that it had no pretence to be described as a success. The economy is still not out of the woods, and there is nothing to suggest that the president understands the workings of a modern economy. He must, therefore, assemble a first-rate economic team to grapple with the country’s many socio-economic challenges. In his first term, he surrendered the presidency to a cabal, probably out of his own lack of surefootedness, and ran an insular and ineffective security system that proved a woeful failure in enthroning peace and stability in the country. That insularity was undergirded by opaque and jaded cultural prejudices. He must trust his instinct to open up, recognise the power of ideas which openness and representativeness facilitate, appreciate that the ideas and successes that could sustain his legacy can only proceed from a qualitative assemblage of close aides and advisers, and if he can manage it, begin to recognise that indeed he is president of the whole country, including president of those who voted against him and still loathe him.

    Whether President Buhari likes to hear it or not, and no matter how ruthlessly he may want to proceed against his foes in the coming months, by late 2021, the county will be looking beyond him. If the legacy he has in mind is to be a two-term president just to obliterate the humiliation of his 1985 deposition, he will largely get his wish. But if his desire is to have a lasting and more noble impact on Nigeria, not on a section of it, he will have to inspire himself to do a complete turnaround in his policies and ideas, whether they are grainy or glossy, or original to him or not, and by seeing every section of the country as one, herdsmen and farmers alike, Igbo and Yoruba, Tiv and Ijaw. Then, he must find a way to kick-start restructuring, a concept that has alarmed and discomfited him in equal measure, a concept he does not want to hear about at all, but a concept that is indispensable to the country’s peace and progress. And he must abandon the ossification that makes him spontaneously suspicious of new ideas and paradigms.

    If the salary agitation he is contending with does not tell him that the present country’s structure is unsustainable; if the education crisis the country is embroiled in does not indicate to him a terrible alarm bell ringing; if the massive insecurity overwhelming the security agencies does not show him something evil is afoot; and if the 2019 elections which were far less efficient than those of 2015 do not alert him to the steady and relentless decay and decline of the country, then he is incapable of understanding any obvious messages, let alone hidden ones. He has promised to leave the country better than he met it. But fine words butter no parsnips. Let him walk the talk by also promoting constitutionalism and the rule of law, which are today in far worse shape than when he assumed office. He will leave office in a few years, and his party will not always rule the country. It is, therefore, urgent that both the president and the APC design a national system that will allow them survive and flourish even out of office.

  • CCT chairman’s outburst

    TEMPERS were probably frayed last Thursday at the Code of Conduct Tribunal (CCT) as the federal government closed its case against the suspended Chief Justice of Nigeria (CJN), Walter Onnoghen, who was accused of failing to declare his assets. The prosecution counsel called only three witnesses out of the six he had intended to put on the witness stand, suggesting that the others were not even as reliable as the ones called. He didn’t sound enthusiastic, especially considering that the three witnesses called virtually lent weight and integrity to the cause of the defence. The defence barely suppressed their delight. But Danladi Umar, Chairman of the CCT, was the most wrought-up. The public will have to play around with a lot of guesses about what will happen in the days ahead. However, armed with a few newspapers he said had falsely reported proceedings at the CCT, Mr Umar bad-temperedly warned that he was set to deal with them very severely.

    The CCT chairman’s excuses are clear and legitimate. “Henceforth,” he growled, “any journalist carrying concocted or discredited statement, which is not adduced before this tribunal, I will not hesitate to bring the full weight of the law heavily on the person. The journalist will languish in prison and may remain there until I retire  that is about 28 years from now. The person will be summarily sent to prison because that is contempt. It does not matter whether the contempt is committed in facie curiae (before the court) or ex facie curiae (outside the court).” There were other concerns the CCT chairman was said to have voiced, including complaining about how he was addressed. This column could not independently confirm those concerns. But that of misreporting proceedings, which a few newspapers were guilty of, is strong and sensible enough to merit a few comments.

    Even without Mr Umar voicing his concern over inaccurate reporting of the tribunal’s proceedings, it is indefensible for the media to fabricate statements and evidence not made or tendered in court. It is abominable, whether the misreporting had to do with deliberate mischief or incompetence. It must never happen. Just as this column unreservedly condemns media trial of accused persons, it also deplores without mincing words reporters who inaccurately report proceedings. The life or reputation of an accused person could sometimes be jeopardised by fabricated reports. Mr Umar was, therefore, right to bitterly resent twisted reports which are sometimes instigated by impure motives and prejudices.

    But Mr Umar could also be reacting to the anticlimactic thinning down of the trial he had seemed to invest so much in, and which the public, not to say the government, had also invested with so much emotions. As this unprecedented cause celebre winds down, it will now take more than the most amazing legal wizardry, indeed a miracle, to redeem the case against Justice Onnoghen. The prosecution knows this. The CCT chairman senses this. And the Onnoghen defence is beginning to foretell this. Nigeria’s divided public will naturally double down along the country’s bifurcated political lines, with the All Progressives Congress (APC) generally tentative about the whole aggravating exercise, and the Peoples Democratic Party (PDP) waiting anxiously and feeling somewhat exuberant, if not exultant.

    It is impossible for anyone to safely offer any opinion on the Onnoghen trial, regardless of whether it is about to end in the coming days or not. The CCT chairman is angry and uptight. He still possesses enough venom even at this stage of the trial to come down heavy on anyone that disrespects the tribunal or purports to know how its now fevered mind works. It is risky — and it has always been so when a trial is ongoing — to talk of the merit of either the defence case or the prosecution case, or even of the tribunal chairman’s multidimensional and multifarious views. But the public can offer an opinion on Mr Umar’s threat to jail for 28 years those in contempt of the tribunal. It was not just an unwise outburst to threaten to jail purveyors of misleading reports, it should occur to him that it had become perhaps revelatory of the juridical agitations that were unsettling him.

    When he answered the campaigns of those who insisted he was subject to the control and discipline of the National Judicial Council (NJC) and the Federal Judicial Service Commission (FJSC), he had suggested that only the president, his employer, could discipline him. At first, his response seemed tendentious, if not circumlocutory, but as many experts examined the tribunal’s enabling law, more analysts became convinced that he was probably right. After all, many years before, the NJC had caused to be published a list of judicial officers entitled to the Justice prefix. The CCT chairman was not on that list, nor, it was implied, could he be described as Milord. In his own words, in a response to a complaint asking judicial authorities to sanction the CCT chairman, Mr Umar replied: “With regard to the prayer of the petitioner for an appropriate sanction against the chairman, it is important to note that the chairman and members of the tribunal, not being judicial officers, are not constitutionally subject to any disciplinary proceedings by either the National Judicial Council or the Federal Judicial Service Commission but the Presidency. The petitioner alleged that judicial oaths were breached and that the National Judicial Council should consider appropriate sanctions. It is to be noted that the chairman and members of the Code of Conduct Tribunal are not judicial officers. This is predicated on the fact that the chairman and members of the tribunal, during swearing-in, only subscribe to official oaths and not judicial oaths. Therefore, not being a judicial officer, I did not subscribe to judicial oaths as alleged.”

    Mr Umar may be justifiably angry to be misquoted or for the proceedings in the tribunal to be misreported, but there is no denying that he is uptight about the relentless direction the Onnoghen case has taken. He is uptight because he has been assailed on all sides, accused of subverting the rule of law and misapplying the law, and of handling the case with a predetermined outcome in mind. No man, not even an angel, could be indifferent to such accusations. It will be worse if at the end of the day, the case ends as dramatically as it began and as anticlimactically as many feared, as indeed it is threatening to do all at once.

    But by far more unprecedented is the approach to the Onnoghen case adopted by the presidency. Long assumed to be lacking in quality advice, the Nigerian presidency unfortunately embraced the case against the Chief Justice, adopted the case enthusiastically as its own, rather than let it remain as an institutional prerogative, and gave it as much legal and political traction, including bizarre propaganda, as it could muster. The case against the CJN was undoubtedly hatched by the government, but it was badly hatched. The case was in court even before investigations were concluded on the complaint filed by a civil society organisation leashed to the federal government. Even then the government could still have put some distance between it and the case. Instead, it completely immersed itself in the case by getting the president to read a long and winding justificatory address that convicted and damned the CJN before the case was ever heard.

    Here is what President Muhammadu Buhari unadvisedly said to justify suspending Justice Onnoghen and damning the jurist unequivocally: “The nation has been gripped by the tragic realities of no less a personality than the Chief Justice of Nigeria himself becoming the accused person in a corruption trial since details of the petition against him by a Civil Society Organization first became public about a fortnight ago. Although the allegations in the petition are grievous enough in themselves, the security agencies have since then traced other suspicious transactions running into millions of dollars to the CJN’s personal accounts, all undeclared or improperly declared as required by law…Nigeria is a constitutional democracy and no one must be or be seen to be, above the law. Unfortunately, the drama around the trial of the Chief Justice of Nigeria has challenged that pillar of justice in the perception of the ordinary man on the street. For it is certain that no ordinary Nigerian can get the swift and special treatment Justice Onnoghen has enjoyed from his subordinates and privies in our Judicature.

    “In the midst of all these distracting events, the essential question of whether the accused CJN actually has a case to answer has been lost in the squabble over the form and nature of his trial. This should not be so. If Justice cannot be done and clearly seen to be done, society itself is at risk of the most unimaginable chaos.

    “As a Government, we cannot stand by wailing and wringing our hands helplessly but give our full backing and support to those brave elements within the Judiciary who act forthrightly, irrespective of who is involved…It is against this background that I have received the Order of the Code of Conduct Tribunal directing me to suspend the Chief Justice pending final determination of the cases against him. It also explains why I am not only complying immediately but with some degree of relief for the battered sensibilities of ordinary Nigerians whose patience must have become severely over-taxed by these anomalies. In line with this administration’s avowed respect for the Rule of Law, I have wholeheartedly obeyed the Order of the Code of Conduct Tribunal dated 23rd January 2019.”

    It is doubtful whether the Buhari presidency ever contemplated that the case against the CJN could end in defeat for the prosecution . The tribunal chairman will now be contending with how to resolve that case. But sooner or later, the president will have to come to grips with a possibly unfavourable outcome. Indeed, there is nothing to suggest that they are not already considering the implications of an Onnoghen exculpation, if it comes to that. More crucially, considering that President Buhari already condemned the CJN, the jurist’s acquittal will doubtless introduce extraordinary complications into his avowed claim to observe and respect the rule of law. In addition, by needlessly traducing the CJN before the jurist was tried or convicted, the president made the case a zero-sum trial, one in which he has set himself up to be quite unable to work and walk with the CJN should his exculpation mean restoration to the coveted judicial stool. The president has promised a better and ethical second term. The Onnoghen case may in fact be his first acid test, and how he resolves it an indication of just what principles, values and ethics he subscribes to all along.

    The CCT chairman may not be a judge or jurist in the traditional sense, and may be sometimes bad-tempered when sufficiently provoked by his conscience and mischief makers, but the country will wait to see whether in the face of the daunting evidence before him he would deliver justice. If the president is to escape censure and damnation in the estimation of Nigerians and the world, he will also hope that the CCT will hem and haw over the Onnoghen case to give him the pretext he needs to waffle. Otherwise, he too will face the dilemma of deciding whether to fall on a sword whose blade he had specially but indiscreetly sharpened for his enemies or calling the country’s constitutional and judicial bluff.

  • INEC wrong on inconclusive elections

    The last polls witnessed the frightening routinization of inconclusive elections on a scale that has evidently become a threat to the electoral process and the Fourth Republic. If nothing is done to halt the abominable trend, especially in view of the arbitrary and whimsical decision by the electoral body to resume the collation of the governorship election result in Bauchi State previously declared inconclusive, democracy could be scuppered. In the following piece, Mr Olarinde Yesufu, a legal expert, draws attention to the unconstitutionality of inconclusive elections as interpreted and applied by INEC. Palladium donates his space today to allow a consideration of this weighty and urgent subject.

    ON March 9, 2019, the Independent National Electoral Commission (INEC) conducted governorship elections in 29 states.  At the end of the exercise, elections into six of the states were declared inconclusive, while that of Rivers State was suspended at the point of collation of results. The basis for INEC’s declaration of the elections as inconclusive was that the number of cancelled votes exceeded the margin of win between the two leading candidates in each of the states. The affected states are: Adamawa, Bauchi, Benue, Kano, Plateau and Sokoto. According to reports, in Adamawa State, Umaru Fintiri (PDP) scored 367,471 votes as against Jubrila Bindow  (APC) 334,995 votes, with a margin of 32,476 votes and cancelled votes of 40,988. In  Bauchi State, Bala Mohammed (PDP) scored 469,512 votes while Mohammed Abubakar ( APC)  scored 465,453 votes.  Some 45,312 votes were cancelled, leaving a margin of 4,059 votes. In Benue State, Samuel Ortom (PDP) scored 410,576 votes while Emmanuel Jime (APC) scored 329,022. The margin of win was stated as 81,554 votes while 121,019 votes were cancelled. In Kano State, Abba Yusuf (PDP) polled 1,014,474 votes while Abdullahi Ganduje (APC) scored 987,819 votes. The margin between the two candidates was 26,655 while the cancelled votes were 128,572.  In Plateau State, Simon Lalong of APC took 583,255 votes, while Jeremiah Useni (PDP) scored 538,326 votes. The margin between them was 44,929 votes while cancelled votes numbered 49,377. In Sokoto State, Aminu Tambuwa (PDP) scored 489,558 votes while his runner-up, Aliyu Ahmed (APC), won 486,145. There was a margin of 3,413 votes while 75,403 votes were cancelled.

    Basically, elections are meant to be concluded. Having just one inconclusive election is disturbing enough, let alone six inconclusive elections. There must be something fundamentally wrong, outrageously awkward and indefensible in a system that would return six inconclusive elections in one fell swoop! It simply defines a mischief or gross incompetence on the part of the electoral body charged with the responsibility of conducting such elections. This must not be allowed to continue.

    The concepts of “inconclusive election” and “the margin of win between two leading candidates” are two lexicons that the current INEC, which is headed by Mahmood Yakubu, a professor of political history and international studies, has foisted on our electoral system. Regrettably, it is steadily becoming the culture and pattern of our elections. Indeed, there has never been any major election conducted by this current electoral body that has not been stymied by inconclusiveness. Never in the electoral history of this country have we had it so bad.

    The history of inconclusive elections can be traced to the controversial event that occurred in Kogi State on 21st November, 2015, when the election, clearly won by the late Prince Abubakar Audu, but who died before the official announcement of his victory, was declared inconclusive. The late Prince Audu of APC had won 240,867 votes while Idris Wada of the PDP scored 199,514 votes. There was a margin of win of 41,353 votes between them. Analysts knew that the whole idea of inconclusiveness of the election in Kogi State was a political contrivance of the ruling party and probably the presidency, dutifully executed by INEC to pave way for an anointed stranger to the ticket, Yahaya Bello. Mr Bello has gone on to become a political tragedy to the state. Little did Nigerians know then that inconclusiveness of elections was going to be institutionalised as INEC’s directive principle and policy.

    Two weeks after the Kogi election, Bayelsa’s governorship election was held and was equally declared inconclusive. A return could not be made because, according to INEC, there was a margin of win of 33,154 votes between Seriake Dickson who contested on the platform of PDP and Timipre Sylva of APC. It is also on record that the Osun State governorship election was declared inconclusive. The PDP candidate, Ademola Adeleke, had polled 254,698 votes to defeat the APC’s Gboyega Oyetola who polled 254,345 votes. Some 3498 votes were cancelled. The fundamental question that arises here is whether INEC is telling the whole world that an election cannot be won by just one vote in a democratic setting. How then did we come about this idea of ‘margin of votes between two leading candidates’, that we can no longer conclude our elections?

    In the application of this self-imposed and strange principle of “margin of votes”, INEC has been found to be as insincere as it is inconsistent. INEC applies the principle, usually, to tilt the pendulum of victory in an election in favour of APC or favoured candidate. Whenever APC is to be at the receiving end, INEC usually fails to apply the principle. For instance, in the bye-election to fill the vacant seat of Lokoja/Kogi Federal Constituency last year, triggered by the death of Hon. Buba Jibrin, Haruna Isah was declared winner having polled 26,860 votes as against Engr. Bashir Abubakar of PDP, who scored 14,845 votes. The margin of win was 6,900 votes. The election was marred with violence such that 19,960 votes were cancelled.  INEC did not declare the election inconclusive, but proceeded to declare APC’s candidate winner. That is the level of arbitrariness and selectiveness of INEC in the application of the unknown principle.

    Consider also the election for the Abia North senatorial district which, by INEC standard, should have been declared inconclusive. But on Thursday, Orji Uzor Kalu, a former governor of Abia State, was among the about 100 senators-elect who received their certificates of return from INEC in Abuja. He had been returned as elected after polling 31,201 votes for the APC to beat incumbent PDP senator, Mao Ohuabunwa who polled 20,801. Some 38,526 votes were cancelled, which is much larger than the margin of win of 10,400 votes. INEC refused to declare the Abia North senatorial election as inconclusive.

    It is expedient to mention here that Hon. James Abiodun Faleke,  running mate to Prince Audu in the Kogi State governorship election, vigorously contested INEC’s declaration of inconclusiveness of the election to the Supreme Court. Sadly, the Supreme Court of Nigeria, now psychologically battered and humbled, wrongly, in my humble view, embraced such an unconstitutional and undemocratic concept of inconclusiveness. In that case, the Supreme Court (Per Kekere-Ekun, JSC), curiously, held that “…the 1st respondent (i.e. INEC) was correct when it declared the election of 21/11/15 inconclusive on the ground that the margin of win between the two fore-runners at the election was less than the total number of registered voters in 91 affected polling units where elections were cancelled”. (words in bracket mine). Faleke’s case has now become an albatross on the neck of our electoral jurisprudence unless the Supreme Court reverses itself. I sincerely hope the apex court will summon the courage to do so when the opportunity avails it.

    Both INEC and the Supreme Court must be wrong on this contrived and crooked principle of “margin of win” in a democratic system that is unknown to our law. Whether or not a contestant has won an election is a constitutional matter. And, the Constitution of the Federal Republic of Nigeria, the supreme law of the land, is clear and unambiguous about this. The Constitution specifies only two conditions to be fulfilled under section 179(2). It states:

    “A candidate for an election to the office of a governor of a state shall be deemed to have been duly elected to such office where, there been two or more candidates-

    He has the highest number of votes cast at the election;

    He has not less than one-quarter of all the votes cast in each of at least two-thirds of all the local government areas in the state.”

    It is incompetent for INEC to impose additional burden on a winner beyond what the constitution has stipulated. Indeed, there is something monstrous, oppressive, incongruous, fraudulent, whimsical and undemocratic in allowing INEC to deviate from constitutional provisions and proceed to “legislate” by imposing additional conditions on winners at elections. INEC, surely, has no such legislative powers and must not be allowed to have its ways in the interest of our nascent democracy.

    The additional burden imposed by INEC is traceable to Regulations and Guidelines for the Conduct of Elections. Regulation 34 (e) provides:

    “Where the margin of lead between the two leading candidates is not in excess of total number of registered voters of the Polling Units where election were not held or were cancelled in line with Section 26 & 53 of the Electoral Act, the returning officer shall decline to make a return until polls have taken place in the affected units and the results collated into form EC 8E for Declaration and Return.”

    There is a reference to Sections 26 and 53 of the Electoral Act in the Guideline quoted above. Section 26(1) is about postponement of election. It states, inter alia that where a date has been approved for the holding of an election and there is reason to believe that a serious breach of the peace is likely to occur, if the election is proceeded with on that day, or it is impossible to conduct the election as a result of natural disasters or other emergencies, the Commission may postpone the election and appoint another date for the holding of the postponed election. The Act adds that such reason for the postponement must be found to be cogent and verifiable. With due respect, if INEC had been sincere, honest and even-handed in the March 2019 election in Rivers State, for instance, it would have proceeded to apply the provision of this section. Few days to the election in Rivers State, it was clear to any objective observer that the tension in the state was palpable so much so that a breach of the peace was likely to occur. INEC ignored all the warning signs and proceeded with the election only for it to suspend same mid-way.

    Section 53(2) of the Electoral Act is all about over-voting. It provides:

    “Where the vote cast at an election in any polling unit exceeded the number of voters in that polling unit, the result of the election in the polling unit shall be declared void by the Commission and another election may be conducted at a date to be fixed by the Commission where the result at the polling unit may affect the overall result in the Constituency.”

    It is clear from the above provision of the law that a call for a re-run  election can only happen when the result of voided votes in a polling  unit affect the overall result of the constituency which, in this case is the whole of the state. In addressing the issue, INEC has mischievously changed the word “Polling unit” to “Polling units” in Regulation 34(e). By this, it imposes on itself, the duty of collating cancelled votes in a constituency to determine margins of win. No law permits INEC to collate cancelled votes after an election.

    Margin of win has never constituted any impediment to electoral victory of a winner in Nigeria until the current dispensation of Prof. Yakubu’s INEC. In Agagu v. Mimiko, INEC declared the appellant winner of the governorship election in Ondo State with 349,288 votes whilst the respondent garnered 226,021 votes. At the trial, the actual votes were found to be 313,355 and 195,030 respectively. Thus, 248,724 were cancelled. In view of the fact that Section 179(2) of the Constitution had been satisfied, the Court of Appeal of old, not the current one that has become deeply and thoroughly controversial and unpredictable, affirmed the respondent’s return as governor.

    In INEC v. Oshiomhole, INEC had earlier declared 329,740 for PDP and 197, 472 for Action Congress (AC) i.e. for Mr Oshiomhole. In setting aside INEC’s decision and declaring Oshiomhole as winner, the Court of Appeal of old cancelled 200,723 of votes scored by PDP and 30, 895 of votes scored by AC (cancelling a total of 231,618 votes). The court did not find any reason to call for a rerun because the petitioner satisfied the requirements of Section 179 (2) (a) & (b).

    In Aregbesola v. Oyinlola, INEC had earlier declared 426,669 votes for Oyinlola, and 240, 722 for Aregbesola. The margin of win was 185,947 votes. The Court however nullified votes in 10 disputed local government areas when 41, 923 votes were cast for Aregbesola and 253,789 votes were cast for Oyinlola. Total cancelled votes were 298,712. In declaring the petitioner as winner of the election, the Court of Appeal of old referred to Section 179 (2) of the Constitution and held that the appellant satisfied the requirements of the law. Governor Fayemi of Ekiti State was also a beneficiary of cancelled votes without a re-run.

    From the foregoing, it is clear that in the entire circumstances of the current events, Section 179 of the Constitution is the applicable provision and not INEC Guidelines or Manual. Again, unfortunately, in Faleke’s case, and for some inexplicable reasons, the Supreme Court elevated INEC Guidelines and Manual above the Constitution. That is the grave damage the Supreme Court has done to our jurisprudence by its politically motivated decision in Faleke’s case. Surreptitiously, Yakubu’s INEC has re-written our Constitution, and for want of integrity and foresight, our courts, from the lowest tribunal to the highest court, have not been vigilant enough to appreciate it.

    At the risk of restating the obvious, I am impelled to re-affirm the sacrosanct legal principle and truism that where the Constitution sets the conditions for doing a thing, no legislation or regulation or guideline or manual can alter them in any way, directly or indirectly. Regulation 34 (e) of the INEC Guidelines for elections is unconstitutional and should be so declared. Our constitution must remain inviolate.

     

    • Mr Yesufu is a legal practitioner
  • Agenda for Buhari

    PRESIDENT Muhammadu Buhari may have been re-elected with a plurality that reinforces his confidence in his first term programmes and ideas, but he will be wise to look beyond the surface to find out why most of Nigeria’s social and economic indicators in fact regressed in his first term. The regressions have not been caused by his opponents, whether in the Southeast or Peoples Democratic Party (PDP), or even a substantial half of the Southwest and North Central, or some retired military generals, or the so-called pampered, thieving and implacable elite. Yes, all these groups have their faults and weaknesses, but they also have their legitimate right to be unalterably opposed to the president and his ideas. It is not unethical to detest the president and his ruling party, just as the president has the constitutional right to enunciate and find support for his programmes and policies. Neither position is immoral.

    After yesterday’s state polls, after the smoke has cleared and winners and losers have vented their anger and emotions, it may be time for the president to put together a transethnic team to study the statistical dynamics of his victory, including where he performed well and why, and where he struggled and why. He needs to humbly eschew his instinctive divisiveness an self-righteousness to interrogate the statistics of the 2019 elections, to discover what hidden or open messages they tell him about his person and policies, or what they reflect about his leadership, particularly his failings and strengths. More critically, he needs to find out what the polls say of the country he has been privileged to lead for four years, and what they are saying of the future in terms of its economy, politics and society. Poll statistics really say a lot. Let him dig and find out what they are saying. And then let him interact with the country he presides over and see whether, despite the interminable and sometimes sanguinary pull and push between ethnic, religious and class groups, Nigeria cannot find common grounds upon which to build a stable and prosperous future. Can he be trusted to engage these imperatives?

    Without prejudice to the outcome of the legal challenge his opponent in the presidential election, Atiku Abubakar, is mounting, it is not too early for the president to consider an agenda for himself. He does not have four years from this May to set the foundation for the future Nigerians anticipate. Had he set such a foundation in his first term, and planned to consolidate it in his second term, by 2023, the result would have been unmistakeable. But after floundering for much of his first term, probably due to his government’s lack of focus and rigour, not to say his combative and desultory approach to fighting social ills, he will now be pressed for time to appropriately realign the country and prepare it for a glorious future. If his unflattering antecedents are anything to go by, however, the outcome may already be settled. But the country must hold out hope that this time he can assemble the right patriotic team to think for his government outside the framework of ethnic and religious exceptionalism.

    Should such a team be assembled, it would mean that the president has given indication that he is willing to abjure his idiosyncratic narrowness that saw him respond warmly in his first term to the demands and perspectives of a section of the country, particularly the section he confessed gave him unalloyed support. It would also indicate that he is finally thinking about a legacy for his presidency, one that would plant him in the minds of Nigerians for generations to come. No one appears sure what is on the mind of the president, whether he genuinely understands the problems afflicting and dividing the country, or whether he is genuinely misguided due to the cultural contamination many like him have suffered as a result of their provincial backgrounds. Whatever the problem is, it is time for the president to attempt some redemption. Below are a few of the areas he needs to focus on in his second term, assuming that he can get a team to envision the future for and with him, and he can also conjure the open-mindedness needed to grasp the fundamentals of the real and lasting change the team would suggest.

     

    The economy

    Whether he likes to acknowledge it or not, President Buhari has not produced macroeconomic models for Nigeria. In the past few years, many conferences and workshops had been conducted to rethink the country’s economy. He was either an invited guest or they were done at his government’s behest. But there was no time he sat through the entire deliberations, not to talk of appreciating the issues discussed, or owning them in such a way that he would have an instinctive feel for the urgent economic problems confronting the country, the paradigms that drive them, sometimes misguidedly, and the panaceas needed to effect fundamental adjustments. They have fed schoolchildren in some states without minding the unfairness which that entailed for those not fed, and have implemented Tradermoni programme, probably because of the instant results it is judged capable of delivering. They have also implemented the TSA policy, substantially augmented tax revenue, promoted agriculture, instituted measures to engender ease of doing business, and engaged some reforms here and there. But neither these programmes nor other successes have so far have been built into a model consistent with the socio-economic needs of the country, a model implementable now and in the future, complete with timelines and measurable goals.

    President Buhari’s first year produced a welter of naive and contradictory economic policies that pushed the economy into recession. He blamed his predecessors, but analysts know what the real problems were. If the reformist Chinese leaders who effectively took over from Mao Zedong had preoccupied themselves with blaming their predecessors, Deng Xiaoping would not have created the economic model and foundations capable of supporting and driving the Chinese economic miracle that has become the envy of the world today. President Buhari has also blamed corruption; but corruption is merely a symptom of the disarticulation in the system, a system so dysfunctional that it would be wishful thinking to expect the tinkering so lauded by the president to lift Nigeria out of poverty into steady growth and development. Let President Buhari develop macroeconomic models for the country, and let the country interrogate them. More importantly, the president himself must understand the models and owned them.

     

    Politics

    Except the president is living in denial, there is no way he can stabilise and unite the country around common objectives without a deep and comprehensive rethinking of its structure. The country is structurally unbalanced, like a defective building. But the president, like many others, think that reworking the foundation would predispose the country to fractures, if not outright balkanisation. They are wrong, very wrong. By the time they honestly inquire into the conflicts that have convulsed the country since independence, they will be shocked to find out how misguided and unrealistic they have been all along. Apart from the herdsmen crisis that consistently provoked clashes and mayhem, partly due to the president’s irresolute approach to the problem and a reluctance to resolve the crisis with the required neutrality and thoughtfulness, Nigerians may just be discovering that the multicultural ideal propagated by some Western democracies are illusory and impracticable. In Nigeria, land and cultures are a spiritual ideal far more transcendental than even religion, regardless of shifting demographics.

    The rash of nationalist parties in Europe, some of them far-right parties consumed by nativist ideologies, is a reflection of the stridency of their insular politics unrestrained by their sophistication. Until the supposed threats that imbue these negative tendencies with life are dissipated, these extreme ideologies will continue to find relevance. It is unrealistic to suggest that Nigeria’s ethnic groups, many of them already embracing and promoting exclusionist politics and supremacist ideologies, can suddenly respond positively and commonsensically to placation and homilies. They will not. They will continue to guard their cultural turfs jealously, react violently to threats, whether they be from elections or from any other source, and engage in deadly struggles for national power and dominance. A thinking president will assume the presence of these predisposing factors rather than dismiss, and find the best ways to manage them. Until President Buhari comes to terms with what he must do to manage these fratricidal and centrifugal tendencies, the conflicts can only worsen until they become unmanageable. As competition for resources and land intensifies, the room for manoeuvre for a burgeoning population will probably shrink. President Buhari needs to find the statesmanlike wisdom to grapple with the country’s existential problems before the initiative is finally lost.

     

    Society

    Of all his failings, President Buhari’s most galling is his inability to envision a socially re-engineered Nigeria. The reasons are not far-fetched. He is ascetic, simple, almost a philistine, and probably religious to the point of worrisome excesses. For a country hosting more than 250 ethnic groups, variegated cultures and traditions, and manifesting spiritual vivacity through their various religions, to be led by a president who is virtually anti-life and anti-culture can be quite challenging. But President Buhari must find a way in his second term to accommodate a people who have, in spite of themselves, reached out to him and accommodated him. Ex-president Olusegun Obasanjo was marketed as that egregious ideal: gregarious but truculent, sociable but almost hedonistic, artistically inclined if his bucolic tendency had not undermined his gifts, and irredeemably boisterous but unable to apply his energies to lofty and noble goals. President Buhari is the complete antithesis.

    The next four years must witness a social revolution that would usher in the arts/culture, music, sports — the renaissance in short. But how so ungifted a man can reach for the stars without committing self-immolation remains to be seen. He does not drink, and he cannot now begin to be a connoisseur of wine. There is no record that he reads one book a week, and he is unlikely to be tempted by what he would consider a drudgery. He has had more than one wife, but unlike Napoleon Bonaparte and Suleyman the Magnificent, there is no record indicating he ever composed any poem or panegyric to womanhood, if not to their beauty, then at least to their entrancing shape. But if he cannot rise above himself, can he not get someone with whom he could entrust that aesthetic assignment?

     

    Foreign policy

    The Buhari government probably sees foreign policy as a luxury. Having failed to master domestic policies, President Buhari may be quite reluctant to dabble in a sector he warily views as stuffy, artificial and complex. As far as his government is concerned, few can fail to notice that foreign policy is all but dead. Of course Nigeria still posts and receives diplomats, and the president makes trips abroad, as frequently as his health can allow. But it is doubtful whether he or anyone else knows what the rubric of his foreign policy is. No one knows beyond the trite restatement of previous paradigms popularised during the activist months of the Murtala Mohammed military government. Africa is still the centre of Nigeria’s foreign policy, and West Africa, particularly ECOWAS, is at the core of the policy concentric circle. But like a distant star, Nigeria muddles on over climate issues, attends international conferences, and routinely speaks at the UN General Assembly. Beyond these, it is a yawning vacuum and a painful blank.

    Would Nigeria want to promote a new world economic system? Of course not. It appears satisfied remaining a financial and trade appendage of China. What of a new power relations, such as the Concert of Medium Powers once promoted by former External Affairs minister, Bolaji Akinyemi? Is it not even more needed now in view of the weakening of the Non-Aligned Movement, and the rise of China and the attendant stress and conflicts rearing their heads as a consequence of the changing balance of power equations? Nigeria has not given a thought to these issues, let alone find and associate with countries with similar orientations. Nigeria used to be very active in the Organisation of African Unity (OAU), now African Union (AU), and took ECOWAS ideology very seriously. But as it surrenders grounds to more focused countries like Ghana and Rwanda, it has found it difficult to respect or inspire respect for ECOWAS rules and regulations, and cannot offer itself as a regional role model in the observance of the rule of law, international trade, human rights, and defence policies and military campaigns. The decline is almost complete and stifling.

    President Buhari may not know much about anything, but he can find the right people to conceptualise a great and inspiring framework for an effective and coherent foreign policy for his government. However, for the right people to join his government and be effective in their assignments, especially those who know their worth, they will have to be confident that the president is not overruled by a cabal, and his ministers have equal access to him, with none of them finding himself humiliated by favoured officials from select tribes or groups.

     

    Conclusion

    Both Chief Obasanjo and ex-president Goodluck Jonathan had the opportunity to lay a great politico-economic foundation for Nigeria at the beginning of the Fourth Republic and thereafter. They did not, though they appeared more equipped, in terms of exposure and education, than President Buhari. However, if the president has learnt anything from his first term, much of it spent either managing internal conflicts within his government and his party or alienating his friends and admirers, he must by now have understood that despite some bright sparks, his government in fact underperformed. But only he can tell whether he will change in his second term, far beyond his verbal promise to make a difference. He still doesn’t have quite the temperament or the time to fulfil the enthusiastic promises he has made for his second term, but it would be hasty to count him out. Indeed, knowing that they are probably stuck with him for the next four years, all Nigerians can hope for is that their president would disappoint those who have concluded that he could not pass muster.

  • The humbling Buhari victory

    WHETHER they liked him or not, few Nigerians feared President Muhammadu Buhari would lose the 2019 presidential election. In the end, he won by a statistical margin that no court, pliant or independent, could hope by law to overturn. The president had not done enough or said the right things, or even thought the right, visionary thoughts, to win the election as handsomely as he has done. But he did anyway. It had been imagined early in 2018 that perhaps a dark horse would emerge, as many all-purpose political parties peddling fringe candidates romantically thought. That didn’t happen either. Then it was also thought that perhaps a third force would materialise from the bowels of the earth to shake the system up a bit and put paid to the complacency of the country’s powermongers. That also proved illusory.

    It was clear some two weeks to the election that neither the Peoples Democratic Party (PDP) nor its candidate in the election, Atiku Abubakar, had triggered enough tremors in the system to seriously trouble both the underperforming President Buhari and his chaotic ruling party, the All Progressives Congress (APC). Indeed, two Sundays ago, though this column gloomily predicted the victory of the APC standard-bearer, it more importantly bemoaned the dreary politics of Nigeria and the superficial and convoluted issues that drive it. It noted that the PDP woefully failed to inspire the right kind of reforms and purges needed to convince the electorate to give it a hearing just four years after it was ignominiously booted out of office. The column also added that Alhaji Atiku himself had been unable to dispel suspicions about his personal and business ethics, not to talk of his controversial economic ideas and manifesto.

    President Buhari was on the way to victory, the column sighed, but he would be undeserving of it, not only because of his personal approach to governance which was both messianic and offensive, but also because his policies, many of them enacted and executed outside the framework of logic and the law, were atrocious in the extreme. Should he be returned to office for a second term, this column reasoned, and finding himself absolutely not indebted to any power or voter, there was no telling what schemes so immoderate a man and politician might concoct. Indeed, shortly before the ballots were cast and counted, he had hinted very ominously that he would toughen his stance, shake things up, and even probe the power contracts of the Olusegun Obasanjo years, all the while repeating the erroneous figures carelessly drummed up during the Umary Yar’Adua presidency.

    The country must ready itself for what may yet turn out to be its most interesting years ever. President Buhari has now been rewarded with a second term, as predicted, despite his poor records on the economy, security, rule of law and the desultory fight against corruption. But the votes for him may in fact indicate the country’s unrealistic hopes rather than its excruciating experience, though the president will take the huge figures returned for him in the poll as a plebiscite on his style and policies. Therefore, rather than moderate and refine his style and policies, or infuse a lot of thinking and logic into the many wars he had fought and is about to fight, he will inject more oomph into his campaigns regardless of their medium to long-term implications.

    Five days or so after his victory, neither President Buhari nor those around him have yet indicated the reflectiveness expected of them after the polls. They had won by a huge plurality of almost four million votes, and had made inroads into the forbidden regions of the Southeast and South-South. The APC would now dominate the National Assembly so implacably that no one, not least the opposition, could hector them as the PDP, in coalition with rebels, did last year, or heckle them as principal officers of the legislature did with gusto nearly throughout the president’s first term. The more moderate Yakubu Dogara has returned to the lower chamber, his power considerably attenuated; but the much fiercer and intransigent Bukola Saraki has been humiliated out of the Senate and his empire ripped to pieces, perhaps irrecoverably. And the uppity coalition around the country dedicated to thwarting the president at every turn has been completely demoralised. Their chin was too glassy to enable them joust with the president and his aggressive and sanctimonious team. The content and context of the president’s victory calls for sober reflection. Is the APC capable of taking the long-term perspective?

    But first some statistics. Whether they like the president and his policies or not, Nigerians must concede that President Buhari won the poll despite the best efforts of ex-president Olusegun Obasanjo and other retired generals in their power bloc. Those who voted for him, even if they were the most ignorant in the world, have the legitimate right to do so. If the Buhari presidency goes on to undermine democracy and subverts national interest, as it seems likely to do, the electorate should know that they have bought a pig in a poke. The president and his aides have exulted over their victory. No matter how insignificant that victory is statistically, it is still, in the eyes of the constitution, a victory. But the president must properly contextualise his victory, regardless of its lawfulness. Only some 18.08 percent of registered voters trusted him enough to return him to office. In an election where the turnout was a little over 31 percent, much of it badly and unfortunately skewed, it is important for the president to recognise the enormity of the work ahead of him and the divisions he must heal. And he has barely two years more to etch the kind of Buhari legacy he wants in the memory of Nigerians. By 2021, his presidency will be transiting into lame duck territory.

    The president and his party may wish to argue that his base was fired up to deliver the victory he is savouring today, thereby justifying the huge turnout witnessed in some states in the North. The voters in those parts may even argue that since all politics is local anyway, and the president’s sometimes narrow politics favoured them, it was not unusual that they should turn out in large numbers to repay the president’s kindness. Despite these, it is hard to defend the almost 45 percent turnout in the Northwest and about 40 percent turnout in the Northeast, when the Southwest, Southeast and South-South registered turnouts of about 23 percent, 21 percent and 26 percent respectively. The figures become even more curious when a few states are isolated for a closer examination. In the poll, Jigawa, Katsina and Kano registered more than 50 percent turnout in an election where the card reader was abandoned in some places. It is unlikely, however, that the president or INEC will interrogate the deviation in these figures or the anomalies that threw them up.

    In an election where the total registered voters in the Northwest are almost equal in number to those of the Northeast and Southeast combined, a reflective presidency should be anxious to find out how to better secure a more perfect union in which the structure of the country and the outcome of elections and revenue system do not engender acrimony, instability and chaos. Any thinker of moderate ability can see already in the 2019 election statistics that the seeds of future troubles are embedded and germinating. President Buhari will need more introspection to glean the signs of future trouble in the election statistics placed on his table for his study, not just perusal. The present situation is unsustainable in the long run.

    Both President Buhari and the APC may be tempted to limit their appreciation of why they won to a few factors, such as the president’s honesty and integrity in respect of the anti-corruption war. They should expand their analysis far beyond the surface. It is true that in terms of perception of who can be trusted with the resources of the country, President Buhari has an advantage over Alhaji Atiku. Indeed, before and during the campaigns, the PDP candidate was unable to erase the perception of him as an unscrupulous and flighty politician. It is also true that in terms of the programmes enunciated by both candidates, those of President Buhari resonated better with the electorate. However, the president must be humbled by the fact that in many quarters, the election was reduced to a choice between two evils, especially when he had four years to mould his presidency away from the dangerous perceptions of him as an irredentist and religious extremist.

    The victors must examine why they barely won the Southwest by 53.41 percent of the votes to Alhaji Atiku’s 46.59 percent of the votes. The Southwest not only occupies the vice presidency, they also have hugely significant presence in President Buhari’s cabinet. Yet, they appeared indecisive. If Alhaji Atiku had won, going by the zoning arrangement already adopted by the PDP, the Southwest was likely to hold the short end of the stick. Yet, they gave the PDP both Ondo and Oyo, nearly upended Osun, and ensured a brutally close fight in the other three states. Internal rivalries may explain a little of the dissonance noticed in the voting pattern; but they do not explain everything. The zone may in fact be more keenly aware of the importance of finding a more workable structure for the country, contrary to President Buhari’s adamant resolve to sustain the present diabolical structure. It is also likely that the Southwest may be unconvinced about the president’s qualities as a secular and impartial leader, and as a modern thinker.

    The president and his party may also wish to ponder the fact that on balance they lost the South and inadvertently emphasised the division between the North and the South. If that polarisation is not dissipated, if the chasm between the North and South is not bridged, it may be futile to hope that building one or two bridges and extending the railway network here and there would be sufficient to engender a new Nigeria. There is no historical basis to hope that a new Nigeria could be created simply because corruption had been knocked into a cocked hat, or that the presidency had been subjected to rotation, or that insurgency had been curbed. World history, including those of Canada, Belgium, Britain, Russia and others, do not bear out that proposition. This presidential election, which is often the most significant in indicating the health of the country’s unity and stability, has merely accentuated divisions and called into question the middling effort President Buhari has made in his four years in office.

    Crucially, too, the president and the APC may wish to look again at the barometer of the country’s politics from a fresh and invigorating perspective. They are likely to enjoy a suffocating dominance of the National Assembly, and perhaps impose a new hegemony on the states too. That dominance should ordinarily confer on them a greater sense of responsibility. But given their weak appreciation of issues in the past few years, not to say their incompetence in managing the rebellion in the legislature, there is no reason to believe that they will manage their electoral triumphs with the brilliance and moderation these times require. The president is a natural monarchist, and his aides and other party leaders have been even more naturally obsequious. Since the party is undisciplined, and thinkers within its ranks have often been emasculated, the president may have a free rein to trivialise the economy, stultify the NNPC under the presidency without reforms, and blatantly denounce any attempt to rework the country politically.

    Indeed, for the party and its members, there are two centres of power they must henceforth grapple with: the cabal around the president, which has deployed and projected power using the secret service and the anti-graft agency with a fury and remorselessness that is hard to explain; and the party executive chaired by the sometimes imperious and impetuous Adams Oshiomhole. While the former, which in fact the electorate implicitly voted for on February 23, 2019, is often reckless and irresponsible, the latter is dreamy, cantankerous and idealistic. The country will have to manage both contending forces and see how best democracy and its undergirding institutions can be protected from their relentless battering. If anyone thinks the cabal around the president will be dismantled because he made a vague promise of inclusiveness in his victory speech, that person is hopelessly optimistic. The cabal is his brain and soul. It is going nowhere.

    If democracy is to be protected, it is unlikely to be through the agency of the National Assembly or the diminished influence of the power bloc anchored by Chief Obasanjo. Even when the legislature under the misguided Dr Saraki and the cerebral Hon Dogara gave the president a good fight, they were consistently undermined and humiliated, to the raptures of the public baying for blood. There are already signs that the incoming legislature will lionise the president and grovel before him. They stand and live in awe of him. They will give the president only feeble challenge when he embarks on the castration of democratic institutions, a castration he will justify on the excuse of fighting both graft and the so-called disreputable elite he and his aides have accused of not voting for him. The task of playing sentry over democracy will now, it seems, devolve to the media and civil society. A significant number of civil society organisations are, however, available for hire, and the media, when they are not bought, are irredeemably partisan. But the country must still rely on both groups to fight for democracy since the president and his aides neither know what the concept means nor care about it.

    President Buhari’s legitimacy is tenuous, despite fulfilling the demands of the electoral law. If Alhaji Atiku had won, his legitimacy would have been even more tenuous and questionable. Let both of them correctly assess their strengths and weaknesses. The PDP has indicated that candidate Atiku will go to court to, as it were, reclaim his mandate. It is not clear whether they have patiently examined their chances. The judicial system has been deliberately and systematically inoculated against justice by the Buhari presidency, starting with the Court of Appeal and on to the Supreme Court. Even without the swollen votes from a few states, President Buhari would still have won, though not on the scale seen in the recently concluded poll. To overturn that victory, as questionable as it is in terms of its magnitude, and especially in the courts as currently constituted, the Atiku crowd will have to displace the earth from its axis. This is impossible. World powers understand this, and have sensibly congratulated President Buhari.

    Alhaji Atiku should save his money and spare the system of any aggravation. The case, if brought to the courts, will not advance jurisprudence in Nigeria. After all, Nigeria’s golden judicial era is gone, and no effort is being made to inspire a second coming, especially given the manner of appointments to the bench and the operating philosophy of the bar. Its a vicious spiral of mediocrity and lack of profundity. And where are the clean and brilliant jurists anyway? What is more, the kind of legal advice available to the president is undoubtedly retrogressive and designed to nurture totalitarianism. With many people already compromised in all facets of life in Nigeria, it is not clear who will champion the fight against what is certain to be the lurch towards tyranny in the name of righting societal wrongs. The country is undisciplined. True. But it requires a very coherent and scientific body of ideas and laws to fight that illness. That scientific programme will, however, not come during the Buhari presidency. If all he can do is to arrest the descent to chaos in a way that Alhaji Atiku, had he won, could not have done, perhaps the country can allow itself some respite.

     

  • El-Rufai’s political gambit and Kajuru killings

    GOING by his generalised views and shifting positions on key national and state issues, particularly the controversial ones, it is doubtful whether Kaduna State governor Nasir el-Rufai has any friends left in the state he has governed since 2015, friends he could invite for heart-to-heart discussions, those who could tell him he is wrong on certain issues dear to his heart. With each passing day, his enemies multiply while his friends get depleted. This of course is speaking hyperbolically. But increasingly, the governor makes it difficult for even his friends to rush to his defence. His principles are too elastic, his views too fluid, and his style too abrasive for anyone to rush to his defence or to stick with him for a long time. Those who have sympathies for him step gingerly around him lest they get the full measure of his waspish tongue.

    His latest position on the Kajuru killings both underscores and illustrates how insensitive his government has become, and how inconsistent and unwise he also has become as a person. The Kajuru killings refer to the murderous spree that recently inundated some communities in Kajuru local government area of Kaduna State where essentially the ethnic Adara people live in proximity to some Fulani settlements. Last October, Maiwada Galadima, the traditional ruler of Adara Chiefdom, was abducted and murdered, provoking violent unrest in the state. For decades, Kaduna State itself has been ill at ease, prompting indigenes to desire governors and leaders gifted at consensus building, compromise and reconciliation. They have not always got their preferences, but Kaduna people have never given up on that seemingly forlorn hope, particularly the people of Southern Kaduna, among which are the Adara, who feel increasingly beleaguered as a result of the unequal struggle between them and Fulani pastoralists.

    On February 15, Mallam el-Rufai had broken the news to the media that some 66 Fulani were murdered in some communities in Adara Chiefdom. It was portentous, said critics, that he broke the news on the eve of the February 16, 2019 presidential election before that election was postponed to yesterday. It was even more ominous, they said, that he chose to identify the ethnicity of the supposed victims in a way that was insensitive and provocative. He defended himself, but few were persuaded by his logic or sense of history. Worse, the indigenes of the communities in question wondered why the governor made the announcement of the killings almost a week after they took place, but failed to indicate that they happened much earlier, specifically on February 10 and 11. In addition, the indigenes asserted that they were aware only of the killing of 11 people, not 66, and that the victims were all Adara, not Fulani. They challenged the governor to show proof of the killings, since the Adara did not embark on reprisal attacks. Furthermore, they insisted that the governor even visited some of the hospitalised victims of the February 10 killings, though he refused to mention that fact in any of his statements.

    Instead of shedding light on these grey areas and dispelling the assertions of the Adara people, the governor, on Thursday, indicated that the death toll had risen to 130, all Fulani. He also visited the troubled communities in company with police and military officers, commiserated with the people, and spoken to the media near where he said a mass grave was located. But responding to the controversy over casualty figures and the ethnic make-up of victims, the police have studiously and boldly said that they were not willing to commit themselves to any figure because investigations were still in progress. Clearly, there is something wrong with governance in Kaduna, and the governor seems quite unable to discharge his responsibilities with the fairness and temperament required of his exalted office. If, as some observers have said, the governor visited some injured victims of the killings in hospital before he visited the troubled communities in Adara and before he announced the disputed casualty figures, why did he not mention his hospital visits? Who confirmed to him that casualty figures had doubled when the police did not have a figure to work with? In a clash of such magnitude between two ethnic groups, where, according to him, about 130 people lost their lives, could there be no casualty on the other side? And for a governor who had accused critics and the media of ethnic profiling, why did he readily identify the victims of the Adara killings as Fulani on February 15?

    The Adara argue that the casualty figures are overblown, and that in any case, even the Fulani leaders of some of the communities visited by the governor paid a reconciliation visit to them after the February 10 and 11 attacks. To settle the controversy, the governor may have to authorise exhumation of the corpses, for after all, fresh corpses are not hard to identify, and they are in any case allegedly interred in one or two mass graves. Settling the controversy over casualty figures will of course not bring peace to the troubled and hardly accessible villages, but they will probably shed light on the nature and course of the killings that took place in Adara Chiefdom days ago. More importantly, they will indicate to some extent whether the governor has been fair to both sides in the conflict. He has had a difficult relationship with Southern Kaduna where the Adara come from, and he has even acknowledged that that relationship cannot be salvaged, prompting him to defy the delicate political equilibrium that has sustained the state for decades.

    But nothing excuses Mallam el-Rufai’s strident remarks about the killings, his seeming lack of empathy and neutrality, his abundant self-conceit, and his self-righteousness. He is not infallible, yet he seldom acknowledges his mistakes, not to talk of applying wisdom, despite his fabled intelligence, to issues of governance and interpersonal relationships. More, as a politician who craves a following, regardless of his own inconsistencies and failings as a follower of his mentors, it is shocking to hear him advocate for votes he has done little to attract and said so much to repel. Kaduna needs a conciliator, a true progressive, a humanist. Mallam el-Rufai is none of these. If he is returned to office on March 9, Kaduna State will have indicated beyond a shadow of doubt that they are inspired by values that leave a majority of Nigerians befuddled.

     

    Malami and the threats to democracy

    IGERIANS may already have taken note that most appointees of the Muhammadu Buhari presidency, like their principal, have said and done nothing inspiring about democracy. They have neither promoted nor defended democratic principles. Those among them who have not kept quiet about democracy have in fact taken deliberate steps to undermine it. The Justice minister, who is also the Attorney General of the Federation (AGF), Abubakar Malami, leads the pack among those sworn to discomfiting democracy and the rule of law, contrary to his claims and pretensions.

    He played active part in 2015 of subverting democracy and electoral fidelity in Kogi State when he offered an unsolicited interpretation of the electoral law to the Independent National Electoral Commission (INEC) in that year’s governorship poll won by Abubakar Audu shortly before he died. The electoral body had its own legal department, and had not indicated that the country’s electoral law had become incomprehensible. Yet, Mr Malami wrote a letter to INEC drawing attention to constitutional provisions and electoral law he said justified candidate substitution in the Kogi poll. The letter was used to justify aspirant Yahaya Bello’s participation in an election he was neither registered to vote in or be voted for, especially considering that he did not even possess a valid permanent voter card (PVC), and also enabled an unscrupulous manipulation of the constitution regarding when an election was won and lost.

    Once again, Mr Malami is needlessly meddling in a forthcoming election, this time in Zamfara State, by writing a letter to INEC to restore the barred All Progressives Congress (APC) candidates in the 2019 elections. Citing the Appeal Court judgement dated February 13, 2019 in the case between Hon. Aminu Sani Jaji versus 182 others, the Justice minister, on the same day the judgement was given, virtually instructed INEC to “comply with judgment of the Court of Appeal by admitting the results of the APC Zamfara state primaries, and to also comply with the provisions of Section 38 of the Electoral Act which empowers INEC to postpone the election of the governorship, National Assembly and House of Assembly elections.” He suggested that by so doing, INEC would be fair to all the contestants in the Zamfara polls. He neither indicated why he should pick interest in the Zamfara polls nor did he show why he was interested in the Court of Appeal judgement to the shocking point of writing a letter to INEC on the same day the judgement was delivered.

    Initially, last week, while still battling with other electoral demons of their own, INEC failed to respond positively to the Justice minister’s demands. The APC candidates in the Zamfara polls were not reinstated on the ballot nor given hope they would be. A lot of pressure was expected to be brought to bear on INEC, especially considering that the APC chairman, Adams Oshiomhole, had also written to INEC on the same February 13, 2019 demanding the same reliefs as Mr Malami. By mid-week, it was unclear whether INEC would succumb to the pressures, for the Zamfara polls were at the time still many days away. But on February 21, 2019, the Court of Appeal, going by the interpretation of its judgement accepted by INEC, surprised everyone by ordering the reinstatement of APC candidates on the ballot. Indeed, a day later, the INEC chairman announced that the electoral body would abide by the judgement and accept the result of the disputed primaries allegedly conducted by the APC in Zamfara. In Kogi State in November 2015, INEC had also bowed, just as the election tribunal, Court of Appeal and the Supreme Court had all meekly acquiesced. There is already the suspicion that, going by the latest judgement of the Court of Appeal in the Zamfara case, the appellate court may not be applying itself strictly to the juridical elements of the election cases the Justice minister happened to be interested in.

    Put inelegantly but very clearly, the Justice minister may be unwittingly threatening democracy rather than working to uphold the rule of law and the sanctity of the courts. Anchoring his position on a ruling made by the acting chief justice, Ibrahim Muhammad, years ago, Mr Malami in July 2018 argued that the rule of law should be subordinated to national security. He deployed that argument to justify the Buhari presidency’s abhorrent and selective flouting of court orders, relying on the connivance of a grieving but indulgent populace sickened by rampant corruption in the country. The Justice minister was also virtually responsible for inspiring the Kogi tragedy that led to the installation of the misfit Mr Bello as governor. And now, working in synchrony with the APC chairman, he hopes to corral INEC into embracing the disputed judgement of the Court of Appeal in the case decided on February 13, three days before the general election was originally scheduled to start. He cared little that fretting Nigerians could read his letter to INEC as justification for a supposed government-inspired postponement of the polls and a call for staggered election, such as he advocated for Zamfara.

    Nigerians have an obligation to guard their democracy. But to fulfil that obligation, they must watch the propagandists in government, put a leash on INEC, eye the Court of Appeal in particular warily, and give the fecund and inventive Mr Malami little elbow room. These persons and institutions do not appear to be finicky about public opinion or democracy. They will continue to pile pressure on institutions, defy public perceptions of their errant ways, and do everything in their power to subvert, contort and constrict the system in furtherance of their antidemocratic goals. Fortunately for their schemes but unfortunate for the country, these schemers have sympathisers in the presidency whose icy detachment enables them to prosper in their illicit ways.