Tag: democracy

  • Democracy reached a new and higher level with the elections, but at what cost and who bore the scars of the trauma?

    Democracy reached a new and higher level with the elections, but at what cost and who bore the scars of the trauma?

    We have to admit it. President Jonathan surprised everyone in Nigeria and across the world with the readiness and the grace with which he conceded defeat and called Buhari to congratulate him on his victory. Just the day before this happened, Femi Fani-Kayode, the megalomaniacal and evil-tongued Director General of the Jonathan Campaign Organization had been saying that the results being cumulatively and unofficially announced by local and international media organizations that put Buhari well ahead of Jonathan were all false. He had vigorously and falsely claimed that Jonathan and the PDP were in fact more than two to three million votes ahead of Buhari and the APC. And as if that was not enough, Fani-Kayode added that the internal figures collated by PDP field operatives showed that the party and Jonathan had won in 23 out of the 36 states in the country. Moreover, one so-called Elder Orubebe, PDP’s representative at the national election results collation centre in Abuja, had on the final day of the release of the election results and with extremely violent language, attacked the INEC Chairman, Jega for an alleged bias against his party, threatening that the PDP would not accept INEC’s figures for the results. These and other actions and words of PDP hawks gave a clear indication that Jonathan and the PDP would perhaps not accept defeat and that in all likelihood, the country was once again being deliberately set on the path of a debacle of post-election paroxysm of bloodbath and nation-wrecking mayhem.

    It is against the background of such actions and words from key figures in his campaign organization that Jonathan’s speedy and gracious concession of defeat caught most people and news organizations by total surprise. And let us bear in mind also that on the day of the election, Saturday, March 28 when the electronic card reader in the polling booth at his hometown failed to authenticate his encoded biometric identity, Jonathan had asked for patience; he had asked Nigerians to recognize that the card reader hitches were just that – hitches that did not amount to an overall condemnation of the elections. Finally, still on that same day, Jonathan had urged Nigerians to accept the results of the elections regardless of who won or lost.

    Those who are familiar with the extremely negative profile that this column has painted of Jonathan and his administration over the years would no doubt be surprised by the fact that I am hereby joining my voice to the voices of the great number of people that have given the President high praise for the magnanimity of his acceptance of defeat rather than following the inclinations of the fascist hawks in his party to plunge the country into chaos and bloodshed by a rejection of the will of the Nigerian people as expressed in the decisive victory they gave Buhari and the APC. So why then am I myself now singing the praise of Jonathan? Have I, like my good friend of many, many decades, Odia Ofeimun, seen the light and have come to realize that, as Odia put it, Jonathan is the very best president we have ever had in this country? Absolutely not! My reason for sincerely acknowledging and praising the generosity and maturity of Jonathan’s repudiation of the nation-wrecking desperadoes in his party and campaign organization is precisely to do just that: give the man his due and acknowledge that he will perhaps always be remembered for this extremely gracious final political or electoral act of his time in power. But there is another reason for joining the chorus of praises for the president on this one decisive act and it is the fact that I want to use that acknowledgment to raise the wider question what it cost Nigeria and Nigerians to be taken through desperation of national survival of such extremity that only Jonathan’s gracious act and nothing else could have averted great catastrophe. Moreover, I wish to raise the issue of who paid the price and will in future bear the cost of the kind of post-election trauma that we have just gone through. Is it likely to happen again? If not, what should we do to make its recurrence unlikely or perhaps even impossible? So while we all give praise to Jonathan for that act of great maturity and statesmanship, these are the sorts of issues that we must not ignore, that we must not bury under the psychic weight of relief that we all felt when Jonathan chose not take the preferred destructive path of the Fayoses, the Fani-Kayodes, the Orubebes and the Obanikoros of his party.  I think it is best to explain what I have in mind here by using the analogy of what the costs are and what is at stake when a patient survives a life-threatening surgical operation for a deadly cancer.

    The hope of all cancer survivors is that the survival will last and that the cancer will not come back. For this, the lucky patient must do everything possible to avoid carcinogenic agents and lifestyle habits that encourage cancer. And of course he or she must continue to take the prescribed medications. Now, it takes no great act of wisdom or perceptiveness for anyone to see that it has been a deeply and widely cancerous democracy that we have been having since the return to formal democratic governance in 1999. In the present discussion, I will limit myself to only the electoral process.

    We all remember the elections held under the supervision of the previous INEC Chairman, Maurice Iwu and his boss, Olusegun Obasanjo. In that evil collaboration, there was a crucial division of labor between the two men. Obasanjo’s part was to use money and the police and the army to either buy votes or intimidate opponents and the electorate into fear or submission. For his part, Iwu’s role was to deliver the votes and deliver them big. Now let us be clear that Jonathan not only continued this party tradition of using funds from our national coffers to buy votes, but he took the practice to absolutely new and unprecedented levels. For instance, most of the 2.53 trillion naira oil subsidy mega-scam of 2011 went to the slush funds for Jonathan’s 2011 election campaign. In the current electoral cycle of 2015, it appears that the President went far beyond that already extraordinary scale of 2.53 trillion naira since dollars, not the depreciated naira, was the currency of vote buying. Now my central point here is, regardless of the praise for Jonathan for his post-election magnanimity, we MUST know how much of our money he spent this time around. For not a kobo – or cent – of that money is his father’s money; it is yours and mine and we have a right to know. In the exercise of that right, perhaps we might finally come to a constitutional ban on the use of public funds by all present and future incumbent governments to buy votes. This practice of the unrestricted use of public or state funds for election campaigns is without doubt one of the most carcinogenic agents afflicting or threatening our fledgling democracy. And the cost to the economic and social wellbeing of our peoples is incalculable.

    Equally carcinogenic is the use of the police, the army and all kinds of quasi-official militias by Jonathan and the PDP to intimidate and cow both opponents and the general electorate. The scale of this abuse of incumbency for political or electoral advantage must be fully revealed. There is the specific case of Ekiti-Gate. That case must now be formally opened and brought to a conclusion that will serve to strengthen our democracy. The incoming administration must not be blackmailed by charges of witch-hunting or revenge mongering, especially when and if such charges are couched in the form of accusations of bad or mean spirited recompense for Jonathan’s act of magnanimity in that swift and decisive concession of victory to Buhari. The one does not cancel the other: yes, we must praise Jonathan for that one act; no, we cannot, we must not let any incumbent government ever again use the police and the army to pervert and distort the electoral process. Let us not forget that it is the people, in their tens of millions who bore the brunt of the state sanctioned violence that the PDP, in the years of its rule, routinely used as one of its choicest means of staying in power.

    The thing that personally nauseates me the most is the use by Jonathan and his campaign hawks of hooded paramilitary operatives side by side with the regular units of the army and the police. I do not know if these spectral and sinister forces were used in the elections of last weekend, but they were widely used in the 2014 gubernatorial elections in Ekiti and Osun States. Hooded paramilitary operatives? It seemed to have come from the lowest common denominator of the melodramatic imagination of Nollywood scriptwriters and film directors. But it was real enough and it came from Jonathan’s Aso Rock.

    These are all preliminary observations and reflections on the presidential elections of 2015. We are all greatly relieved that it ended well and there are no looming specters of bitter and divisive verbal and physical warfare on the horizon. In the weeks and months ahead, there will be time enough to turn our attention to the more weighty problems and challenges that the change from one ruling party to another will bring to our country and our peoples throughout the length and breadth of the land. I cannot end this piece without saying this: for me the real heroes of what happened last weekend are not Jonathan or Buhari; they are the millions of Nigerians who resisted intimidation, force, coercion and bribery to send the PDP packing. Let APC take note of this. What has been done to the PDP may or can be done to the new ruling party if no real or meaningful change takes place in the years ahead.

    Biodun Jeyifo

    bjeyifo@fas.harvard.edu

  • Victory for democracy

    SIR: It is pertinent to wholeheartedly congratulate the good people of Nigeria for their courage, unity of purpose, perseverance, tolerance, dedication, determination, resoluteness and commitment to democracy that culminated in the successful conduct of the first phase of the 2015 general elections held on March 28th and 29th; as well as the final declaration of the Presidential election results by the Independent National Electoral Commission (INEC).

    The sacrifice and endurance displayed by Nigerians ensured that the elections held peacefully and orderly in most parts of the country despite the evil plots by enemies of democracy, peace, progress and national unity to truncate the process through incitements as well as the attempt to abort the declaration of results at the national collation centre in Abuja through Godsday Orubebe..

    The desperate and despicable show of shame exhibited by Orubebe confirmed the ruling party’s anti democratic plots against the people of Nigeria. It is also necessary to commend local and international observers for their exemplary conducts in monitoring the elections in order to ensure that it conforms to best global practices. Also worthy of commendation so far, is INEC for its untiring, resolute and patriotic efforts in ensuring free, fair, transparent and credible presidential/national assembly elections through innovative mechanisms like the PVC and E-card reader. However, there are concerns about poor logistics especially with regards to deployment of personnel and election materials to polling units on Election Day. Sadly, this has become a recurring decimal in election conducts in the country. The alleged compromise of some of INEC’s election personnel on Election Day in states like Rivers, Akwa Ibom and Imo amongst others should be looked into to forestall future recurrence.

    President Goodluck Jonathan should be commended for rising up to the occasion as a statesman by congratulating General Muhammadu Buhari, winner of the 2015 Presidential elections, even before the final declarations of results by INEC.

    General Buhari of the All Progressive Congress (APC) deserves praise for his steadfastness, discipline, indomitable spirit, doggedness and commitment to democracy. He has to be magnanimous in victory in rallying the country together collectively and rededicate himself to the herculean but surmountable task of nation building.

    All Nigerians must remain calm and vigilant because the enemies of democracy are still on the prowl. They must be defeated for the sake of national peace, unity and progress.

     

    • Nelson Ekujumi

    Ikeja, Lagos

  • ‘APC represents new dawn for democracy’

    The former President-General of Ohanaeze Ndigbo, Dr. Dozie Ikedife, has said the formation of the All Progressives Congress (APC) signifies a new dawn for democracy.

    He spoke at Sharon House, Onitsha, Anambra State, when the party’s presidential candidate, Gen. Muhammadu Buhari and other chieftains held a town hall meeting with the organised private sector.

    Ex-Vice Chairman of the Peoples Democratic Party (PDP) Ven. Chris Orajekwe and Woman Leader Princess Nkechi Isamade dumped their party for the APC.

    They said they left the party, following gossips, hatred, insincerity and deceit by its leadership.

    Addressing members of the organised private sector, Ikedife described the event as a non-partisan dialogue. He said he was at the meeting because of the concerns of Ndigbo.

    Ikedife said Ndigbo needs an assurance from APC that if voted into power, they would be integrated into its administration.

    He decried the terrible conditions of federal roads in the Southeast, especially the Oba-Okigwe Road, Onitsha Enugu Expressway, Port Hacourt-Enugu Expressway, among others.

    The ex-Ohanaeze Ndigbo president-general condemned the Federal Government’s promise to make the Second Niger Bridge a toll gate when completed, saying it was another neglect of the Igbo.

    He said the zone needed the revitalisation of coal mining companies in Enugu and the intervention in Nkalagu Cement Industry, which would give youths 1,000 jobs.

    APC assured Ndigbo that it would build a toll–free Second Niger Bridge if elected into office, vowing to revoke the contract awarded by the present administration under the Public Private Partnership (PPP).

    The Deputy Director-General of the APC Campaign Organisation, Chief Audu Ogbeh, represented Gen. Buhari at the meeting, as the latter flew to Abuja to attend an ECOWAS meeting.

    He said it was not fair for the PDP government to contemplate building a bridge where users would pay toll fees, when the country had the resources to build the bridge.

    Ogbeh said the money for the building of the bridge would be saved by plugging the avenues of corruption, which has impoverished the country.

    He said the present government had been spending nearly 90 per cent of the country’s income on recurrent expenditure.

    The APC chieftain added that “our administration will ensure that the country’s resources are accounted for and used for the benefit of Nigerians.” He said it’s regrettable that the Southeast economy was on a downward trend because of the unfavourable government policies.

    According to him, APC would reverse the situation.

    “Southeast is the place the country’s industrial revolution will take place.

    “Many industries took off in this part of the country, but unfavourable structural adjustments led to their collapse.

    “APC sees Southeast as a strategic zone for the survival of Nigeria industrially, but with the present situation, it is difficult for the industries to survive.”

    Ogbeh said APC believes that power must rotate among the geopolitical zones, assuring that the best bet for the Igbo to occupy the presidency was for them to vote Buhari.

    Others, who spoke at the  meeting, included the Chairman of the Manufacturers Association of Nigeria (MAN), Southeast chapter, Chief Azubike Okafor, who said the group had about 560 manufacturing companies, “but today we are not up to 100, following bad leadership.”

    Chief Onwuka Ukwa, a board of trustees member of the All Progressives Grand Alliance (APGA), said what Ndigbo wanted was somebody to solve their problems.

    He said what was going on in the country was failure of the leadership, adding that Ndigbo had contributed to the nation’s development.

    Others at the meeting included the senator representing Anambra Central, Dr. Chris Ngige, Prof. Pat Utomi, Chief Elechi Onyia, SAN, Chief Ifeanyi Okonkwo and members of the business community.

  • Sustaining our democracy

    As Nigerians gear up for another round of electing their leaders into various offices in the country, including the most coveted position of the Executive President of the nation, the Good Governance Group (3G) hereby commends the resilience, maturity and equanimity of purpose so far displayed by the people.

    As we march towards the fifth attempt at choosing our leaders through the ballot in this dispensation, it behooves on us, irrespective of our preference for any of the political parties or their candidate/s to remain focused on those things that unite us more as a people co-existing under the same national umbrella rather than those divisive factors as ethnicity, religion/creed.

    Against this backdrop of not allowing the labour of our heroes past at fostering and nurturing true democratic ethos that provide life for our people and provide it abundantly to be in vain, and considering the pivotal role of a regional power and hope of the black race, providence has placed on our shoulders as a people.

    The Good Governance Group would remind compatriots of the critical role elections have played in the annals of this country right from the 1965-66 experience leading to the ‘wetie’ imbroglio in the Southwest which snowballed into military incursion into power and eventually degenerated into a civil war, the NPN Landslide electoral heist that led to the termination of that Republic by Buhari-Idiagbon regime, not to talk of the ill-fated 3rd Republic of June 12, 1993, that resulted in loss of many innocent lives and ultimate sacrifice of the symbol of that struggle, late Chief MKO Abiola.

    Consequently, we call on our political class to, like Caesar’s wife; be above board by eschewing all forms of violence and unnecessary beating of war drums, subsume their individual ambition within a larger context of what is good and expedient for the nation’s growth and survival.

    The group implores our law enforcement officers, be it the Police or the Army, never to condescend to what could desecrate their hallowed institutions or erode their respect at the international level in our global village and remain vigilant and patriotic by upholding the doctrine of impartiality in discharging their lawful duty of maintaining law and order during and after elections in an atmosphere that is devoid of intimidation and undue harassment of fellow countrymen/women.

    In a context of this nature, winners would certainly emerge while others are bound to lose the contest. For the overall good, we expect the winners to be magnanimous in victory by extending an olive branch to the loser/s while the losers should equally be gallant in accepting the result since we cannot always win in every contest but the people could be the ultimate win if truly we aspire to serve them in all honesty.

    Perhaps more than at any other time in our checkered history as a nation, we live in an uncertain and most trying times, but ironically, these times are used to make history by people of conscience and great mind as the onus falls on President Ebele Goodluck Jonathan to ensure that Nigeria comes out of these elections stronger, better and more united than ever even if the results do not go his way.

    As a main custodian of the people’s mandate, freely given in a free and fair contest in the last four years, history beckons on him to demonstrate his genuine love for this nation by matching words for action if the electorate, the real sovereign decides not to re-elect him as their President, come March 28, 2015.

    In similar fashion, most Nigerians expect whoever emerges as the next President to have learnt enough lessons in our collective quest at evolving responsive and responsible leadership direction to not only Nigerians but the one that rekindles hope and promise in all Africans.

    This is the only benchmark that can herald a new Africa from the rubrics of colonialism and neo-colonialism.

     

    Gambo is the covener Good Governance Group

  • Foundation brainstorms on deepening democracy

    The Bishop of Ijebu North Diocese (Anglican Communion), Rt. Rev Dr Solomon Kuponu, has urged the Christian community to participate actively in the forthcoming general elections.

    He said as change agents, Christians must shine the light in politics and dispel darkness in the country.

    Kuponu spoke recently at the 4th Rufus Okikiola Ositelu Foundation (ROOF) colloquium in Lagos.

    The theme of the colloquium was “2015 elections: Reflections and way forward.”

    According to him: “If it is true that the light shines in the darkness and the darkness cannot overshadow it ,those of us who love this country and want the best for ourselves and our children must be active in the political process.”

    The chairman of the board of the trustees, Rev. Felix Fagbemi, said the foundation was established to promote democracy, freedom, human rights and justice.

    He added that the foundation will also conduct research, organise seminars, symposia and lectures on issues and topics related to good governance.

    Professor William Fawole of the department of International Relations, Obafemi Awolowo University Ile-Ife, delivered the guest lecture.

    He called on the civil society to engage in continuous sensitisation, enlightenment and mass mobilisation for popular vigilance in defence of democratic gains.

    He urged elected leaders to rise to the responsibilities and challenges of leadership.

    Political parties, he said, must embrace internal democracy to deepen civil rule.

     

  • TUC urges workers to defend democracy

    The Trade Union Congress of Nigeria (TUC) has tasked   workers to defend the nation’s democracy by collectively making necessary sacrifice to ensure that the forthcoming general elections hold as scheduled by the Independent National Electoral Commission (INEC) without chaos.

    The Congress also called on Nigerians to resist the temptation of exchanging their Permanent Voter Cards (PVC) for money as some politicians are said to be buying PVCs as a way of disenfranchising  them.

    TUC’s President, Comrade Bobboi Bala Kaigama spoke during an interactive session with reporters in his office while sensitising workers on the need to participate in the coming rescheduled general elections  by INEC.

    He said: “We call on Nigerian workers to do everything possible to defend the nation’s democracy by collectively making necessary sacrifice to support  the government  to ensure the coming general  elections hold as scheduled by INEC without chaos.

    “We use this opportunity to call on Nigerians to resist the temptation of exchanging their PVCs for money as some politicians are said to be buying PVCs as a way of denying them their right to vote,” the TUC chief said.

    In a related development, TUC has appealed to the Federal Government and the military authority to temper justice with mercy on the soldiers that were condemned to death by a military court marshal.

    In a statement, its President, Comrade Kaigama and Secretary General, Comrade Musa Lawal, said:  “Justice, they say, serves a better societal purpose when tempered with  mercy. And indeed, the quality of mercy is not strained. It is twice blessed. It blesses he that gives and he that takes.”

    The Congress also commended the Nigerian Army for its recent victory in reclaiming the country’s soil from the Islamic terrorists group, Boko Haram.

    The Congress, however, charged the Chief of Army Staff (COAS), Lieutenant-General Kenneth Minimah, to  reward soldiers as promised during his recent visit to Baga town in Kukawa Local Government Area of Bornu State.

  • ‘PDP remains epitome of democracy  in Nigeria’

    ‘PDP remains epitome of democracy in Nigeria’

    Plateau State born Barrister Victor Yusufu Kwon, the current National Legal Adviser of the People’s Democratic Party (PDP), had a chance meeting with journalists recently. It was an opportunity to take the former law lecturer at the Faculty of Law, University of Jos and youngest member of the PDP’s National Working Committee (NWC) to task on the implication of General Olusegun Obasanjo’s departure from the PDP and other issues presently bedeviling the political party and the forthcoming elections. Paul Ukpabio was there.

    Why is the PDP joining in court case against General Buhari?

    The case against Buhari as you know, was filed by concerned Nigerians acting under the Section 31 of the Electoral Act, which gives any Nigerian right to file an action, to challenge any declaration that are made by a candidate of a political party in the INEC forms, if they believe that those declarations are not correct. So, PDP as a political party has not joined in the case. It is a case by concerned Nigerians, who have the view that the candidate for APC had made statements in the INEC forms that were not true.

    How many cases has the PDP won so far?

    Generally, you find that it’s not usual for PDP as a party to file any suit in court, but in many cases what happens is that PDP is joined as a defendant, may be suites relating to the nomination process of the party or suits relating to the general elections; so if you say suits that PDP has won, if you have a case involving the party by which two members of the party tussle over the party’s ticket, is an intra-party matter. However it goes, it is still victory for the party because the tussle is for the party’s nomination and all the parties are members of the PDP. But of course as you well know, not too long ago we got judgment in the petition brought by the APC challenging the election of Gov. Fayose; those are the serious cases involving the PDP, but many of the cases involving the party usually relate to the nomination processes.

    As the National Legal Adviser of the PDP, are you not bothered that the party is having too many cases in court?

    No, you see the matter of litigation is part and parcel of the political process and the electoral process. That is because, it is only natural that people who lose nominations will be aggrieved, and we do expect that they express or vent their grievances within the party. But by and large, the Electoral Act gives all aspirants the right to challenge the nomination process, if the nomination was done in breach of the party guidelines or the Electoral Act or the party constitution. So, its part and parcel of the political process; we’ll sort them out.

    Is the PDP not worried about the large number of its members decamping to other parties?

    PDP is a large party and it is also natural following every nomination process; the unfortunate thing is that we have members who are aggrieved, who would want to try and get nomination from other party when they lose in PDP. A few people have left the party but we’ve also gained a few people too; so it’s like more or less a give and take situation. But yes, we would rather keep our members all intact but some of these things are inevitable because they will try to seek alternative platforms to realise their political ambitions. It happens to every large party not just PDP.

    What is your reaction to Chief Obasanjo’s defection?

    I am not aware that he has defected. Obasanjo is a much respected leader of the party and indeed it is a matter of worry that such a leader, respected in the party, can make a comment accredited to him. We expect that where they are problems, even if they are problems, there are ways and means of addressing them at the level of leadership and that is what we expected he would have done. So, it’s a matter that I think all lovers of the country and the party will express some concern that a respected leader of the party with the rank of the former President under the platform of the PDP will expect that he’ll do everything to build the party, to support the party and not the kind of statements accredited to him.

    Some aggrieved PDP aspirants claimed there were no party primaries and threatened to sue the party, claiming N15 billion, being money paid for their nomination forms; what is your reaction?

    The claim that there were no primaries in the PDP is not only baseless but also uncharitable. The PDP conducted primaries before nominating candidates for all positions in the forthcoming general elections. INEC monitored the primaries upon being notified as required by the Electoral Act and the monitoring reports are available to the public. More than this, the Nigerian Police and other Security Agencies who also were present at the primaries have their reports available for public scrutiny. The various Electoral Committees and Electoral Appeal Committees sent by the National Secretariat who considered complaints arising from the exercise have also submitted reports which are available to the public. The PDP remains the best vehicle for the realisation of the political aspirations of all Nigerians and the epitome of democracy in Nigeria.

    Could you please give us an idea of how many cases the PDP has in court?

    It is a difficult thing to say. There are quite a few cases as you know that the PDP is no doubt the largest political party in the country and in Africa in terms of membership. Even within the party, there will always be competition. Such competitions sometimes result into conflicts and we try as a political party to apply internal remedies of dispute resolutions but unfortunately, sometime some aggrieved members fail to take advantage of those internal remedies and go to court. Some members take advantage of the internal remedies. Inevitably, there would be litigation, either by reason of the aggrieved members not satisfied with the outcome of the internal remedy mechanisms or members totally disregard those internal remedy mechanisms and go to court.

    There are quite a number of cases and the Electoral Acts (EA) in Section 87 (10) also confers on any aspirant who participated in the primaries or political party to go to court if he or she feels that the EA was not complied with or the guidelines of the political parties have been breached in the conduct of the election.

    As a practicing lawyer do you support the abolition of the rank of SAN?

    I do not think that the rank of SAN should be scrapped; it is important because every profession recognizes distinction. A lawyer that has distinguished himself and qualifies deserves to be given the rank of SAN. Such a privilege should be conferred. I know that some people have called for the abolition of the rank of SAN because of their perception that the rules are not properly applied. For me, that is advocating for throwing away the baby with the bathwater. Rather, let us throw the bathwater and keep the baby. It is better to sanitise the process if there is any imperfection rather than abolish the rank.

    How can we fight terror within the law?

    There are constitutionally conferred rights; you cannot keep a suspect beyond 24 or 48 hours depending on the proximity of the place of detention to the court of law. However, it does not say that you cannot detain him beyond that! The constitution just says that you cannot detain him beyond that period without charging him to court and so such people can be apprehended and taken to court and if they bring an application for bail, the prosecutor should be able to satisfy the court that in the light of the available evidence and the surrounding circumstances of the case, such individuals are not fit to be admitted to bail, in which case there would still be detention but it would be by order of court. It would therefore not be unlawful.

    What is your reaction to the recent judgment of the Supreme Court, in the appeal filed by Dr. Ardo Umar challenging the eligibility of President Jonathan to contest as president in 2015?

    Dr. Umar Ardo had brought an application for leave to appeal as an interested party against the decision of Justice Mudashiru Oniyangi of the FCT High Court in the suit brought by Cyracus Njoku against Mr. President, PDP and INEC and that application he brought before the Court of Appeal (CA), the CA saw that the application was incompetent and without merit, hence it was struck out.

    Dr. Ardo does not have an interest in the matter. The judgment of the high court did not affect any of his rights, he did not show what he suffered, so the CA dismissed his application and he brought an appeal to the SC and the SC also saw that the CA was right and that his first prayer in his application at the CA was not the prayer that he should have asked for. That therefore made his application incompetent. Again on the merit, he did not have an interest in the matter and therefore not necessary to be made a party and to be granted leave to appeal.

    I salute the decision of the CA and the SC in that matter. Yes, in the light that he didn’t have any interest in the appeal at the CA and he sought to get leave he was appropriately described as a ‘busybody.’

    Mr. President has taken Oath of Office twice and if he succeeds in the 2015 Presidential Elections don’t you think he would have spent more than eight years provided in the constitution?

    The President took Oath of Office in 2007 as Vice President; he did not take Oath of Office as President and with the unfortunate demise of late President Yar Adua, Jonathan became President in 2010 by reason of the appropriate constitutional provisions and took Oath. Mr. President ran for office as President only once before now and that was in 2011 General Elections; he succeeded, won the election and took Oath of Office as the President.

    The provisions of the constitution relating to qualifications and disqualification of the President in relation to having previously contested election is very clear. Section 137 (1) (b) states clearly that you are only disqualified from running for Office of the President if you have been previously elected to that Office on two occasions. In this case, he was elected only in 2011. Now people erroneously say that he cannot run because he was in office between 2010 and 2011 as President. The circumstances are clearly understood and they are separate from what is contemplated in the constitution. Has he been elected as President on two separate occasions as President? No, as held by the FCT High Court, you cannot reckon with the period between 2010 to 2011 as part of his tenure; that period was to conclude the unexpired tenure of late President Yar Adua.

    A lot of people keep citing the case of Marwa Vs Nyako, decided by the SC as authority to say that he cannot stay more than eight years and I say they cite that decision wrongly. The ratio in Marwa Vs. Nyako is that if a person is elected to an Office and has taken Oath and subsequently, that election is nullified and he wins a re-run election and takes another Oath, you calculate the 4 year period from the date he took the first Oath, that is what Marwa Vs. Nyako says.

    Now Mr. President did not win election in 2010 and then also in 2011, no, when the SC in Marwa Vs. Nyako says tenure is four years and cannot be added, it was saying so in relation to a person that had won election, election nullified and wins a rerun. Nowadays they use the decision as a catch all.

    What are some of the defects in the Electoral Act 2010 that needs to be amended?

    The area of challenge to me is the time limit prescribed for determination of election petitions. I am quite conscious of the fact that we all want the petitions to be heard and determined quickly but unfortunately in practice it seems virtually everybody who loses election want to go to the tribunal. The tribunal is manned by human beings and in a bid to rush to get to a decision before the end of the time fixed to determine those petitions, justice can be hastily carried out and that is not good justice. In some circumstances, so petitions become spent in the sense that if could not be determined within the time allowed. SC has held that that time cannot be extended so you might have an otherwise meritorious petition but because of the fact that it cannot be taken within the time prescribed it goes into abeyance. That is an area of challenge that needs to be taken care of.

  • Palladium’s endorsement: Voting Jonathan will doom democracy

    Palladium’s endorsement: Voting Jonathan will doom democracy

    In 2011, this column endorsed Nuhu Ribadu for the presidency though it admitted he could not win; believed Muhammadu Buhari was best placed to impose meaningful, even if not modern, rule on Nigeria; and announced that Goodluck Jonathan would win though he was unprepared for the presidency and unsuited to a post nothing in him was capable of grasping. Dr Jonathan indeed won, and has proved a spectacular failure: he has been unable to respond temperamentally and intellectually to the demands of the lofty office he has occupied for more than five years. In four years, however, Gen Buhari’s stock has risen in inverse proportion to Dr Jonathan’s steeply falling share price, and though his ideas, policies and behaviour appear hexagonal to the country’s round and modern needs, the retired army general and former head of state has nonetheless grown to become a round peg in a round hole. Only Mallam Ribadu has seemed an inconvenient departure from the 2011 mould, seeing how his steely interior, patriotic fire, altruism, and even-tempered religious and ethnic credentials all appeared wrapped in unstable and unpalatable chemical composition.

    This year’s presidential election needs no nuanced endorsement. Sensing that the All Progressives Congress (APC) momentum had become unstoppable, the Jonathan government worked intensively to stymie it and possibly redirect the momentum in favour of the ruling party. But if the reordering of the election schedule that put the presidential election first unlike in 2011 did not dampen the opposition enthusiasm nor undermine their momentum, it is hard to see the postponement of the election from February 14 to any date in March constituting a negative and morale dampening factor in the drive to unseat Dr Jonathan. The Jonathan government hopes the multinational force against Boko Haram in the Northeast will triumph and the credit for victory will go to Dr Jonathan. The president also hopes that the opposition will become discouraged, and that somehow, by a divine sleight of hand, events will turn around to favour the ruling party. If anything, however, the anticipated intervening variables expected to work in favour of the ruling party may inexplicably work against the Jonathan government. One month postponement or so will not change the incompetence of five years, restore a broken and failing economy, erase the universal negative opinion of more than five years, or stanch the flow of gaffes and monumental indiscretion.

    Last week, this column took Afenifere, the pan-Yoruba socio-cultural and obviously political organisation, to task for endorsing Dr Jonathan. The group had unbelievably and conveniently anchored its endorsement mainly on the promise by the president to implement the resolutions of the national conference. As an aside, Afenifere also suggested that voting Dr Jonathan’s opponent was tantamount to endorsing slavery, presumably northern slavery, and that in any case the opposition party had kicked against the convocation of the national conference and so was undeserving of the Yoruba organisation’s support. Afenifere did not say, and for obvious and sinister reasons could not say, how they expect Dr Jonathan to implement the conference resolutions when no one knows the composition and temper of the next national assembly. Nor, given his temperament, inattentiveness to details, proven lack of patriotism, and his sectional and provincial worldview, is it clear how Dr Jonathan hopes to overcome his notorious habit of breaking promises to keep a promise not anchored on either patriotic or philosophical conviction.

    Since the controversial Afenifere endorsement, it has become abundantly clear that the organisation neither spoke for nor represented the Yoruba. The endorsement was nothing more than the private and presumptuous opinion of a group of self-seeking and acrimonious politicians prompted by Governor Olusegun Mimiko of Ondo State and former Governor Gbenga Daniel of Ogun State. They stilled the protests of their consciences, rode roughshod over a commonsensical view and reading of history and politics, and projected clumsily into the future on nothing but a magic carpet to offer that futile and unmerited endorsement to Dr Jonathan. Except they tell themselves a hopeless lie, they know, as indeed the rest of the world, that Dr Jonathan, should he win the poll, is unlikely to perform better than he has done. Not needing re-election after 2015, he would bare his fangs, subvert values and sound principles, denude every political virtue conceivable, harass and intimidate the people out of their constitutional rights, and break every promise he has made.

    Perhaps inspired and emboldened by Afenifere’s endorsement, the even more superficial Yoruba organisation, the Oodua Peoples Congress (OPC), which for more than two decades had affected to fight for and protect the rights of the Yoruba, has also offered Dr Jonathan their endorsement. Whereas Afenifere pretends to be philosophical, anchoring its preference for Dr Jonathan on the need to restructure the country, OPC on the other hand anchors its endorsement on materialist grounds, perhaps because it wants a pipeline protection contract. The president, it said enthusiastically, had promised to build a deep seaport in Badagary, the best in the country, and a free trade zone and seaport in Lekki. When he met the president and complained about the poor representation of the Yoruba in his cabinet, said OPC’s flustered and flattered leader, Gani Adams, Dr Jonathan ‘within three days’ appointed a Yoruba as his chief of staff.

    If the Southwest, which used to be a thinking region, is now overtaken by charlatanism, it is not difficult to imagine why the evident and self-admitting failures of Dr Jonathan have elicited mixed reactions in many other places. I do not know of any north-easterner who would reward Dr Jonathan for his abysmal and vexatious handling of the Boko Haram menace. Nor do I know any parent, except one without empathy, who would ignore the more than nine-month-old Chibok abductions in which 219 schoolgirls were seized by Boko Haram militants to endorse Dr Jonathan. I do not also know any unemployed and hungry man except a sadist who would ignore the failing economy crippled  by Dr Jonathan’s government and vote for him. I do not know any patriot who would ignore the humiliating fact that the current onslaught against Boko Haram is inspired and led by Chad and, like the Afenifere and OPC, foolishly and shamelessly endorse Dr Jonathan. Indeed, I do not know any self-respecting Nigerian who would listen to Dr Jonathan’s many embarrassing gaffes and his wife’s noxious and verbose tales and brush aside all scruples to vote for him.

    After the Chibok abductions, the world became sick and tired of Dr Jonathan, and in diplomatic and polite circles they speak of his legacies and his government in idioms and proverbs, describing him as an exasperating failure that cannot be redeemed by either reelection or rehabilitation. Opinion of him abroad is universally poor, whether among foreigners or Nigerians. Even in Africa, there is not one country where Nigeria is respected, thanks to Dr Jonathan whose style, speech, and actions have consigned the country to the dustbin. The world has made up its mind that it would indeed be tragic for Dr Jonathan to be returned to office, for they are sure nothing inspiring can come from him, no matter how long he postpones the election.

    But in spite of Chibok, insecurity, failed economy and threats to the survival of the country, it is precisely within beleaguered Nigeria that opinion on Dr Jonathan is divided. The main reason, discounting the ethnic balderdash oozing out of the creeks and parts of the Southeast, is religion, a highly divisive and incendiary factor propagated energetically by Dr Jonathan himself. He was that factor’s originator, mastermind, and catalyst. He has curried the Christian vote as irresponsibly and recklessly as a medieval bigot, unconcerned by any fear that his opponent could also deliberately and as openly curry the Muslim vote. Where would that leave Nigeria? But if he is receiving any hearing, it is a pointer to the shortcomings and abject failure of Christian leaders who should draw on the wisdom of God to denounce the sectarian bogey and divisive politics of a shortsighted leader.

    Knowing Dr Jonathan for who he is, everything he stands for is unscriptural. His private and public morals are unsatisfactory, his Christian ethic, to which he pays only lip service, is twisted, and his heart, not to say his soul, is full of malice (of the malignant type), envy, hatred, hypocrisy, injustice, pride and all forms of pomposity, notwithstanding his open show of humility. It is to this pharisaical approach to religion and politics that Christian leaders, trading and peddling secular influence, have subjected the purest doctrines of Jesus Christ, as if it mattered to Christ what obstacles exist in a State House against the Scriptures, as if once a hypocrite took Christianity under his wings Christian doctrines would be given fillip. But even if Christian leaders should support Dr Jonathan, could they hope to keep a Christian in power for the next 10, 20 or 30 years? Would a Muslim not one day mount the throne?

    For much of 2013 up to the third quarter of 2014, most churches had laboured under the delusion that Dr Jonathan was God’s choice for Aso Villa. There was hardly any exception to this profanity. Many churches still labour under that delusion; and had a top pastor of the Redeemed Christian Church of God (RCCG) not been on the APC ticket, it is not clear where even that great and huge pentecostal church would tilt today. Churches of course reserve the right to support whomsoever they wish, individually or collectively. But they have a responsibility to recognise that the political leader they support must satisfy the standards of Christ, and importantly, Christian leaders must also recognise that they have congregations that run the gamut of the country’s political persuasions. It is irresponsible to discountenance these facts or to tyrannise from the pulpit.

    Of the many contestants for the presidential stool, only two are worthy of attention: Dr Jonathan and Gen Buhari. President Jonathan is familiar to us by his failures and present and continuing inadequacies; and Gen Buhari by essentially his past, especially his 20-month rule as a military dictator. The retired general is certainly no policy wonk, and can’t even be relied on to engineer remarkable economic and political ideas, nor to preside over the most thoroughgoing democratic practices sorely needed by the country. In fact, much of his brutal past, which he has done little to expiate, leaves much to be desired. But because the choice for Nigeria is between Dr Jonathan and Gen Buhari, it is critical to consider what the urgent problems of the day are, and who better to address them between the two leaders.

    In a nutshell, the country desperately faces the problems of insecurity/insurgency, economic decline/collapse, indiscipline, corruption, leadership collapse on a continental scale, ethnic and sectarian divisions, and national crisis of confidence. Because Dr Jonathan either originated these problems or promoted and worsened them, and because he is in fact a sham democrat, he cannot be trusted with the task of providing the remedies and leadership needed for a national rebirth. Should he be reelected, Nigeria’s democracy would certainly be lost, for no elected president has deployed the police, army, secret service and all other instruments of state to partisan uses as Dr Jonathan.

    On the other hand, Gen Buhari may not have completely and believably transformed into a true and modern democrat, but he at least has the discipline to rein in the rampant insurgency laying the country waste, the common sense and altruism to subject himself to the constitution, and the ethical wherewithal to tackle the corruption and economic collapse threatening to trigger a revolution in Nigeria and destabilise the sub-region. He seems able to restore the pride of the nation, and in many ways stand as a strong and disciplined symbol around whom technocrats can have the space, safety and comfort to design appropriate redemption policies. He will make the better president of the two. More, if the country is able to rise above ethnic and religious sentiments, he is in fact the only choice today, whether that today is February 14 or any other date.

  • Military and our democracy

    Military and our democracy

    Assurances by the military that it is set to defend democracy is suspect

    Trying times. These two words best describe the situation with the Nigerian Armed Forces today. The ruling by a Justice Abdul Aboki-led panel of Appeal Court Justices that Mr. Ayodele Fayose’s election was marred by intimidation and harassment by soldiers let  loose by the military authorities has called to question the self-assigned roles that men who bear arms to defend the state now perform in civil matters.

    While ruling on the contention by the All Progressives Congress (APC) that the military presence at the polling units and the streets on the Ekiti governorship election poll date made the exercise unfair and thus lacking in credibility, Justice Aboki said: “The question is that who ordered deployment of military or soldiers in the Ekiti governorship election? Was there any act of insurrection to warrant the call on the military to restore order? And was such deployment in accordance with sections 217 (2)(c) and 218(4) of the constitution?

    “There is nothing before us in the records in answering the posers positively.

    “With this, whoever unleashed soldiers on Ekiti State disturbed the peace of the election on 21st June 2014, acted in flagrant breach of the Constitution, and flouted the provisions of the Electoral Act which required enabling environment by civil authorities in the conduct of elections.”

    We agree with him. And, it remains to be said that, in such circumstances, it cannot be determined who would have won if the polling was free and fair. It could not have been easily determined how the deployment could have affected turnout, especially with the hostile disposition of the security forces to the APC before Election Day. It is gratifying that the APC has decided to challenge the finding of the courts below at the Supreme Court.

    The Appeal Court ruling is instructive against the background of the military’s current overbearing posture in the democratic space. While announcing the postponement of the elections earlier fixed for February 14 and 28, Chairman of the Independent National Electoral Commission (INEC), Prof Attahiru Jega, had hinged it on a military diktat that the safety of the polling officials could not be guaranteed. The service chiefs had unanimously claimed that they would be in no position to deploy troops for the civic exercise if it was held any time before the new date. It amounts to overruling INEC that has the constitutional responsibility of organising elections. It is to be noted that, while the military has the duty of warding off external aggression and fighting the country’s enemy, the police have the duty of protecting the citizens and only using minimal force in combating electoral crimes.

    It is even more ludicrous that the military, through the Director of Defence Information, Major-Gen. Chris Olukolade, found it necessary to issue a statement pledging a superfluous commitment to defending democracy. In normal times, this should be taken for granted. It is not a favour being done the polity, but a primary responsibility.

    However, the vaguely disguised motive for the statement was betrayed as the military spokesman said: “The Armed Forces of Nigeria is quite conscious of the fact that apart from its primary constitutional role of defending the country from external aggression and internal insurrection, it also has the responsibility of providing support in aid of civil authority such as the need to provide complementary security arrangement to protect our electoral process.”

    In view of the ruling of the Appeal Court on wrongful deployment of troops for electoral purpose, the position of General Olukolade appears a contradiction of its pledge to uphold the Constitution. What the two-star General said in that statement is a disregard of the law of the land and he must be told in clear terms that an insubordinate Armed Forces is an anathema in a democracy.

    It is unfortunate that the President and Commander-in-Chief of the Armed Forces, Dr. Goodluck Jonathan, sees nothing wrong in the flagrant disregard for the law, sensibilities and mood of the nation that sending soldiers to usurp the functions of the police would amount to. We call on the President to speak out and let the nation know his mind on this. As the law states, even to put out insurrection in the land or any part thereof, the President would require the approval of the National Assembly to deploy troops. Elections are not wars. Polling is no excuse to militarise the country and turn weapons purchased at great costs to combat insurgents showing surprising strength in 14 local government areas against innocent people who are merely engaged in performing their civic obligation.

  • Our democracy polluted by sentiments, says Lamido

    Our democracy polluted by sentiments, says Lamido

    Jigawa State Governor Sule Lamido has expressed concern about the nation’s democracy being polluted by sentiments.

    The governor, who spoke at the weekend in Dutse, the state capital, while fielding questions from reporters, regretted that lack of patriotism was threatening the country’s democratic growth.

    He spoke shortly after an emergency meeting with senior civil servants and political appointees at the state’s secretariat.

    “It is quite unfortunate today in Nigeria that whatever you say or you do, people would give it interpretation, based on parochial political sentiment with no consideration to its significant or otherwise,” he said.

    The governor, who tactfully refrained from reporters’ questions, noted that as long as Nigerians would continue to use selfishness and partisanship to judge issues, the nation would not develop.

    For the nation to move forward, he stressed, the society must be rational and people must become objective in their analyses and social interactions.

    Lamido refused to comment on endorsement of the All Progressives Congress (APC) presidential candidate General Muhammadu Buhari by former President Olusegun Obasanjo.

    He urged Nigerians to be patriotic by putting national interests above their personal interests.