Tag: Prof. Attahiru Jega

  • ‘Why Jonathan can’t send Jega on leave’

    ‘Why Jonathan can’t send Jega on leave’

    Any attempt to send  Independent National Electoral Commission (INEC) Chairman Prof Attahiru Jega on terminal leave will be illegal, lawyers said yesterday.

    According to them, the 1999 Constitution specifically provides that the INEC chief can only be removed if there is evidence that he is unable to discharge the functions of his office or for misconduct.

    Calls for the removal of Jega and his resignation by Peoples Democratic Party (PDP) sympathisers for some reasons, including INEC’s failure to distribute the Permanent Voter Cards (PVCs) to all potential voters, have been intensified since the postponement of the February 14 and 28 elections.

    The President Goodluck Jonathan Lagos Grassroots Project, one of the numerous groups rooting for Jonathan’s re-election, has been running advertorials in newspapers disparaging the INEC chief and calling for his resignation.

    Spokesman of the INEC chair Mr. Kayode Idowu, denied that the electoral agency had been manipulating the PVCs distribution.

    Yesterday, lawyers noted that Section 157 of the Constitution provides that Jega can only be removed by the President with the support of two thirds of the Senate.

    Asking him to go on terminal leave before the expiration of his term, they said, equates to removal from office.

    Unless there evidence that Jega is infirm in mind or body, or has engaged in gross misconduct, he cannot be removed under any guise before the end of his tenure, the lawyers said.

    Section 157 says: “(INEC chairman) may only be removed from office by the president acting on an address supported by two-thirds majority of the Senate praying that he be so removed for inability to discharge the functions of the office (whether arising from infirmity of mind or body or any other cause) or for misconduct.”

    A legal scholar, Mr. Wahab Shittu, said Jonathan removing Jega under the guise of retirement leave, weeks to the election in which he is a contestant, is like a team changing a referee before a football match kicks off.

    “My answer to that will be to draw an analogy. The President is a contestant in the forthcoming presidential election. He’s an interested party.

    “If you liken that to two football teams which are competing, can one of the teams just before the game starts decide to send the referee on suspension or on leave?

    “The president cannot do that because he is in the race. If the president takes such a measure, it will be seen as a coup against the democratic process and a subversion of the will of the people.

    “I want to believe that it is a speculation. It is in the realm of conjecture. It is something that can never happen because the president will not ordinarily toil with the wishes and aspirations of the Nigerian people.

    “Jonathan cannot even ask Jega to proceed on leave without getting the support of two-thirds of the Senate.

    “Again, every law derives its legitimacy from the will of the people. Nothing has been done by Jega to deserve any such treatment,” Shittu said.

    To a former Nigerian Bar Association (NBA) president, Chief Wole Olanipekun (SAN), it is unimaginable that Jega would be removed in the middle of an electoral process.

    “I do not think the President will do it or even contemplate it. Not at this period.

    “Prof Jega’s tenure as INEC chairman is regulated by the constitution and under the same constitution, the INEC chairman is the returning officer for presidential election.

    “If Jega is sent on terminal leave now, it will amount to sabotaging the already scheduled elections.

    “The President will have to nominate another person who will be subjected to security screening.

    “After that, the name will be forwarded to the National Assembly for approval and all this cannot be done within the six weeks we have to conduct the elections.

    “Let us assume they are able to conclude the clearance process within six weeks, when does the man settle down to plan for election if May 29 is sacrosanct?

    “There are a lot of logistics problem that will be involved and so, I have serious reason to believe that no president will contemplate such a thing at this time.

    “The inherent dangers are limitless and if that is done, we should as well forget about holding elections and the May 29 handover date.

    “If May 29 is sacrosanct, INEC chairman’s tenure is sacrosanct.  People arguing that it is line with civil service procedure for a public officer who haven’t gone on annual leave to proceed on three months terminal leave should tell us if the President’s ministers will also proceed on three months terminal leave. I think it is better not done.”

    Minority Leader of the House of Representatives Femi Gbajabiamila said the President lacks the power to remove Jega before the expiration of his appointment on June 30.

    Gbajabiamila, a lawyer, who noted that although the administration of President Jonathan is capable of doing anything, said the removal of the INEC chairman is beyond the President because it is a constitutional matter.

    “In the last few days, we have been inundated with speculations about the possible termination of Jega’s appointment as INEC Chairman.

    “This may be unfounded but may also have a basis in truth because you just can’t put anything past this government.

    “From a legal standpoint, I do not think any such attempt can pass constitutional muster.

    ”Firstly, I do not consider the INEC Chairman as a civil servant subject to civil service rules.  “There is a difference between a civil servant and a public servant or officer. Jega falls under the latter. INEC and its chairman are a creation of the constitution.

    “Their operations, rules and regulations are as provided under sections 156 and 160 of the constitution which expressly states that only INEC has the powers to regulate its own procedures and cannot be subject to approval of the President or any other authority thereby establishing its independence.

    “Secondly, ‘terminal leave’ is a form of removal, whichever way you cut or slice it and Section 157 of the constitution is very clear that the removal of the chairman of INEC can only be initiated by two-thirds of the Senate and not by the President.

    “The question of who is a civil servant is answered in Section 171 of the Constitution and the INEC chairman is not included.”

     

  • The road to polls’ postponement

    The road to polls’ postponement

    After 12 hours of consultations on Saturday, Independent National Electoral Commission (INEC) Chairman Prof. Attahiru Jega shocked the world as he announced the shift of the much-anticipated general elections billed for February 14 and 28. But, to unsuspecting Nigerians, it was a postponement foretold. In this piece, Deputy Editor (News) ADENIYI ADESINA reviews the intrigues behind the action.

    known to many, President Goodluck Jonathan knew that his second term aspiration will be a Herculean task. So, he began the race early, much earlier than his opponents. The rallies held nationwide by the body known as Transformation Ambassadors of Nigeria (TAN) were nothing but campaigns.  Beyond the rallies, the President had in his bag of tricks many other strategies.

    Firstly, he empowered ex-militants from Niger Delta, his Southsouth geo-political zone,  financially to serve as foot-soldiers to beat war drums or issue threats to any political traducer serving as a stumbling block to his re-election bid. The first phase of the plot worked because virtually all presidential aspirants in the ruling Peoples Democratic Party (PDP) were technically shut out of the race under the guise of continuity.

    With an automatic ticket secured, Jonathan’s greatest headache was how to beat the mega opposition – the All Progressives Congress (APC) – at the polls. His strategists knew it would not be an easy task but they were determined to try their luck even if it meant not playing by the rules. The President pulled the second string by changing his Service Chiefs for what a source described as a “crack political strategy.” The Chief of Defence Staff (CDS), Air Marshal Alex Badeh was almost on his way out of the Air Force to vie for the governorship of Adamawa State when he was “miraculously” elevated from the Chief of Air Staff to the CDS. Air Marshall Badeh had a frosty relationship with former governor Murtala Nyako, even when Nyako, a retired Air Vice Marshall was in the PDP. Sources believe that the CDS played a prominent role in the impeachment of Nyako.

    Lt. Gen. Kenneth Minimah is said to be an anointed choice of the the President’s wife, Dame Patience. Both of them are from Rivers State. A generation of officers was almost retired from the service to pave the way for Minimah’s emergence as the Chief of Army Staff (COAS). The Chief of Air Staff (CAS), Air Marshal Adesola Amosu, was the President’s pilot for some years before his appointment. He had been part of the ‘First family’. Though promoted on merit, the appointment of the Chief of Naval Staff (CNS), Vice Admiral Usman Jibrin was said to be a major political concession to Kogi State. This is often a campaign issue in the state.

    The Inspector-General of Police (IGP), Suleiman Abba, is on a familiar terrain of political abracadabra having purportedly served as Aide-de-Camp (ADC) to ex-First Lady Mrs. Maryam Abacha. It was learnt that the Abachas and a former Chief Security Officer (CSO) were instrumental to Abba’s appointment. The IGP is obviously used to the tactics of crushing the opposition. This was why the police wasted no time in stripping Speaker Aminu Tambuwal of his security apparatchik.

    A source said: “Whatever the role the Service Chiefs are playing today is a demonstration of loyalty to their benefactor. In April, last year, a terrible gaffe that embarrassed the nation was made by the military chiefs when the Defence Headquarters said they had rescued 100 of the abducted Chibok girls. Elsewhere, they would be heavily sanctioned for the misinformation, but as it were, nothing happened to them. The President, who is the Commander-in-Chief (C-in-C), did not see it as an international embarrassment. The prosecution of the war against the insurgents has been criticised by the international community as lacklustre, with many countries wondering what has become of our military that was well respected in times past. Again, the C-in-C is satisfied with the reports filed by his Service Chiefs.

    It is obvious that the military is politicised and the Service Chiefs have made up their minds to do only the bidding of the President. Jonathan had perfected his plans from the beginning and he succeeded in working to the answer, a former Commissioner of Police in Lagos State, Abubakar Tsav, said.

    “The shift in polls’ dates is sad and most unfortunate indeed. The Service Chiefs attended the Council of State meeting. Why did they not raise this issue there? I smell a rat. We no longer have a military, but traders, business and market men,” he added.

    The interest of Service/Security Chiefs in the polls

    Some of the Service Chiefs are neck-deep in politics of survival . A victory for Jonathan will guarantee them more years in service. In fact, the wife of a security chief recently went to a state for empowerment programme to boost the re-election campaign of the President.  If Jonathan loses, Buhari, a no-nonsense Army General, will become the nation’s President and he will certainly shake-up the military in such a manner that professionalism will be restored.  There might also be auditing of the hardware and evaluation of the campaign against insurgency. Some of the Service Chiefs were also said to be angry following incessant criticisms of the military approach to Boko Haram insurgency. At a stage, the DHQ issued a statement criticising Buhari’s alleged remarks against the military. They do not want a C-in-C with a mindset to flush them out.

    A source said: “The Service Chiefs are afraid of their shadows. The manner in which the Army handled the Buhari Certificate issue showed some bias and politicisation which is an abuse of military ethics. So, they have a lot to hide. Even if they escape Buhari’s axe, they are already on the wrong side of history. No team of Service Chiefs had recorded highest number of mutinies as the present crop.”

     

    How Jega succumbed to 

    pressure

     

    Although Jega battled spiritedly on Saturday to deny being under pressure to reschedule the elections to March 28 and April 11, his visible loss of weight and fatigue at the press conference in INEC Media Office pointed to some trauma for him. For many months, the forces behind polls’ postponement had tried in vain to force Jega to fall in line. To the forces, except Jega is the same page with them, the prospect of the President winning the election is remote. The electoral body must therefore be infiltrated. Besides infiltrating the rank and file of INEC, many groups, especially Southern Nigeria Peoples Assembly, were sponsored to put Jega on the edge on every key decision vital to the conduct of the polls. At a point, offer was made to some INEC National Commissioners to undercut Jega with the hope that any of them can succeed the political scientist as chairman.  The first shock for Jega   was the aborted plan by INEC to create additional 30,000 polling units, a development which was beclouded by ethno-religious politics.  Still undone, the Presidency took advantage of Inter-Agency Committee on Election Security (comprising INEC and security agencies) to understudy the lapses in the commission’s preparations. The peaked about three weeks ago, when National Security Adviser (NSA) Sambo Dasuki, a retired colonel, invited Jega for an “appraisal session” on the botched February polls. At the session, the NSA cross checked intelligence report on the status of PVCs distribution nationwide and obtained a table on these from Jega. He was said to have also spoken on security challenges in the Northeast, especially Adamawa, Borno, Yobe and Gombe states and wondered if the elections should not be postponed for this reason. Jega was said to have made it clear that he could not tell Nigerians that the polls are shifted because of the security situation in the Northeast. The meeting ended without any inkling that the NSA was going to Chatham House, London, United Kingdom (UK) the following day.

    The source added: “A bewildered Jega woke up to hear Dasuki dropping a hint on likely polls’ postponement because of logistics challenges over the distribution of PVCs and Card Readers. He could not believe it that Dasuki spoke less about security threats in the Northeast which will make the conduct of the poll impossible.

    “The clever shifting of blame on INEC angered Jega and he felt betrayed by the NSA. He also felt that Dasuki deliberately put INEC on the spot to incur the wrath of Nigerians and the international community.

    “So, if you saw Jega hammering on INEC’s readiness for the poll, it was a deliberate ploy to pay the NSA back in his own coin and prove to the world that only the security agencies were not willing to allow the poll to hold.”

    Undeterred, the Service Chiefs hatched another plot, this time around, to put Jega in a cul-de-sac. The Service Chiefs now wrote individually to the NSA that they cannot guarantee security for the general elections. The aggregate of their position was contained in a letter the NSA wrote to Jega on Wednesday, the eve of the Council of State meeting.

    The President, in his concluding remarks, was said to have told Jega not to disregard the advice of the security chiefs who are trained in intelligence. Jega possibly saw this as a subtle threat and had to succumb to the blackmail.

     

    What next after polls’ shift?  

     

     

    Virtually, every political analyst believes the attribution of polls’ shift to security challenges in the Northeast was a smokescreen. In fact, the presidential candidate of the All Progressives Congress (APC), Gen. Muhammadu Buhari (rtd), described the development as “delay tactics.” The Director of Media of the PDP Presidential Campaign Organisation, Femi Fani-Kayode, said the shift was “in the interest of deepening democracy and in national interest.”

    The APC National Chairman, Chief John Odigie-Oyegun said: “This is clearly a major setback for Nigerian democracy. We must not fall into this obvious trap.  Change we must. They can only delay it; no one can stop it.”

    To underscore the ill-motive behind the shift, some PDP governors had relocated to Abuja on Saturday to strategise on what to do if violence trailed the announcement by Jega.

    For postponing the polls, some hawks and military top brass had anticipated a nationwide violence which they can use to crackdown on the opposition figures. It was curious that before Jega announced the shift, troops were massively deployed in some key state capitals and towns in the North and Southwest without any prompting. Those behind the deployment acted on false intelligence interpretation. This was why Gen Buhari, on Sunday, warned Nigerians against playing into the hands of the presidency and the PDP.

    He said: “Our country is going through a difficult time in the hands of terrorists. Any act of violence can only complicate the security challenges in the country and provide justification to those who would want to exploit every situation to frustrate the democratic process in the face of certain defeat at the polls.”

    Definitely, the presidency and the PDP would have to re-strategise on other options to frustrate the opposition. Checks have confirmed the likelihood of using the six-week extension window to lay legal landmines for Gen Buhari on the over-blown certificate drama and alleged perjury.  Already, there are four, mostly induced, cases against the APC flag bearer in court. There were fears that a pliant judge might be used to disqualify him. The plot is to subject the retired General to the rigours of legal hurdles up to the Supreme Court to dampen his spirit. The legal matters might not be disposed of till the last minutes. Some hawks in the PDP are after his outright disqualification so that Jonathan and 13 other candidates can slog it out at the polls.

    Another option is the alleged plot to create a constitutional crisis to pave the way for a political stalemate which will lead to another contraption like an Interim National Government (ING). Gen Buhari alluded to this in his reaction to the postponement on Sunday when he said: “We don’t know the type of government they want to bring, whether a military government or a civilian government. But an elected government must be in place 30 days before May 29.”

    A fourth plot borders on the sack of Jega, the National Commissioners and Resident Electoral Commissioners if they ‘fail’ again in the distribution of PVCs. On Saturday, the INEC chairman had assured anxious journalists that he would conduct the general election. He spoke innocently, oblivious of the plot to sack him. The only intelligence available to Jega is about how one of his discredited predecessors had been serving as a consultant to the PDP. Those being positioned for his job are: Prof. Femi Mimiko (a brother of the Governor of Ondo State who just completed his tenure at the Adekunle Ajasin University);  INEC National Commissioner (Operations), Prof. Nuru Yakubu, a former INEC chairman, Prof. Maurice Iwu, and a former National Commissioner of INEC, Mr. Victor Chukwuani.

    A highly-placed source, who spoke in confidence, said: “These forces are determined to ease Jega out by citing shoddy preparation, poor distribution of PVCs, some technical incompetence and other sundry issues.

    “They have been shopping for candidates to replace Jega if they could wield influence to allow the polls to hold in June or if they could frustrate Jega to pave the way for a new hand to manage INEC during the general elections.”

    Notwithstanding the ongoing intrigues, the postponement will assist INEC to tidy up a few things before the poll.

    Jega said: As for us in INEC, we’ll endeavour to use the period of the extension to keep on perfecting our systems and processes for conducting the best elections in Nigeria’s history. In particular, we believe that we would resolve all outstanding issues related to non-collection of PVCs, which agitate the minds of many Nigerians.”

     

     

    Will Jega be third time lucky?

     

    The nation seems to have accepted the postponement since INEC acted within the laws. But will the chairman of the commission, Jega, be third time lucky? Twice in his career as INEC chairman, he had postponed general elections using his integrity as an excuse. If Jega falters again on March 28, he will be consigned to the dark side of history.

  • Pressure mounts on Jega to postpone elections

    Pressure mounts on Jega to postpone elections

    44.7m cards collected

    Advocates of postponement seem to be getting more desperate, with the presidential election just 11 days away.

    Independent National Electoral Commission (INEC) Chairman Prof. Attahiru Jega is under pressure to shift the elections from February 14 and 28. He remains firm, insisting that the commission is prepared for the all-important exercise.

    The pro-shift agitators have:

    •instituted four suits in the courts, pleading that INEC should be told to pull the brakes on the elections;

    •said that the insecurity in the Northeast makes a shift imperative; and

    •marched on the INEC headquarters yesterday to push their case.

    Besides, security agencies have asked INEC to explain four issues which, they said, will assist them in taking a stand.

    National Security Adviser (NSA) Col. Sambo Dasuki was hit by a hail of criticism when he suggested in London that the elections could be shifted for would-be voters to get the Permanent Voter Cards (PVCs).

    To INEC, however, the cards will be no excuse for shifting the elections.

    INEC has so far distributed 44, 741,759 cards.

    The figure represents about  65 per cent of 68,833, 476 registered voters for the  general election.

    Jega is expected to speak tomorrow on whether or not the polls will go ahead as scheduled.

    INEC arrived at the new figure after an evaluation session in Abuja, according to sources.

    A top source in INEC said: “As at Monday, 44, 741,759 Permanent Voters Cards have been received by their owners. We are hopeful that by February 8, the figure would have become higher than this because the response of eligible voters has been encouraging.

    “I also want to place on record that all the PVCs for the 68,833, 476 registered voters have been received by INEC and distributed to all the 36 states and the FCT.

    “It is important for the public to know that 65 per cent of eligible voters for 2015 poll have collected their PVCs. This implies that we can go ahead with the election.”

    Responding to a question, the source added: “There is no cause for alarm at all because we have extended the period for the collection of PVCs to February 8.

    “If you look at the 2011 poll, during the presidential election, 40, 728, 990 voted but only 39,469, 484 votes were valid and 1,259,506 votes invalid.

    “While in  2007 about 35,288, 984 voted during the presidential election, the figure for 2003 was 42, 018,735, including 2,538, 246 invalid votes.

    “Even in 1999 when the stake was higher following anxiety over the return to democracy, the voters’ turnout was 30, 282, 052. The acclaimed June 12, 1993 presidential election recorded 14, 293, 396 votes.”

    To the source, who pleaded not to be named, Nigerians voting history has shown that less than 50million usually votes.

    “All the noise about PVCs is the handiwork of some elements who are looking for an excuse to shift the poll at all cost,: he stressed, adding:

    “So, we are convinced that we are still within the projection of the average voters turnout during our past general elections.”

    Jega will on Wednesday lay all the cards on the table before Nigerians on INEC’s preparedness and the sanctity of the timelines.

    “Our indices are ready, we will present these for all the stakeholders to assess us. There are so many vested interests who do not see anything good in what INEC has done,” the source said, adding:

    “We woke up today to hear rumours of the resignation of Prof. Jega as INEC chairman when he was busy holding series of meetings in the office.”

    Security agencies  are likely to meet with INEC “before the end of this week.”

    They are likely to, according to a source, discuss:

    •likely disenfranchisement of voters;

    •effect of litigations on PVCs on the outcome of the elections;

    •on relocation of many polling units; and

    •confusing Business Rule of removing four million registered voters from register without informing them.

    “The relocation of polling booths from private school, churches and mosque is a welcome development. Has  INEC informed woul-be voters? Can’t this development lead to confusion on voting day?” a source said, adding:

    “The confusing Business Rule has ensured the removal of at least over 4 million registered voters, who are yet to be aware of the removal of their names; if they may require re-registration or recapturing as INEC promised the Sultan of Sokoto over his plight.”

    One of the sources in INEC said: “We are awaiting a session with all stakeholders to clear the air on many issues. But we are yet to be invited by security agencies.”

    As at the time of filing this report, Jega was in a crucial meeting with top INEC management staff.

    It was not immediately clear what informed the emergency session.

    Contacted, a National Commissioner of INEC said: “Jega met with all directors to checklist all preparations for the elections coming up in the next few days.

    “It was more of a procedural thing, we wanted to ensure that all hands are on deck and things are working as planned.

    “In fact, I can tell you that three meetings were held on Monday between Jega and  his team. He held strategic session with National Commissioners, members of the management and those in technical units and all directors.

    “The meetings had nothing to do with any resignation or frustration.”

    Chief Press Secretary to  the INEC Chairman said: “The meeting with directors and management staff was a routine one.

    “In preparation for the elections, INEC chairman,  National Commissioners and directors had been working late to make sure that all plans work accordingly.”

  • Jega raises polls alarm in Northeast

    Jega raises polls alarm in Northeast

    Independent National Electoral commission (INEC) chairman Prof Attahiru Jega yesterday raised the alarm that elections might not hold in the NorthEast.

    According to him, unless there is an improvement in the security situation in Borno Yobe and Adamawa states, ravaged by insurgency, the chances that election will hold in the troubled states are slim.

    Jega, whospoke at a forum in Abuja, organised by the African Policy Research Institute, said: “A place like Borno State, unless something is done about those that have been displaced, even return for the governorship might be difficult, if not impossible under the circumstances. To be realistic, we must say that it may be impossible to do elections everywhere, in every local government, in every constituency in those three states”.

    This is contrary to the assurance given the commission that it was prepared to conduct elections in all the states of the federation.

  • INEC worried over electoral code’s violation

    INEC worried over electoral code’s violation

    Independent National Electoral Commission (INEC) Chairman Prof. Attahiru  Jega is worried over next year’s general elections.

    Jega attributed the worry to how the commission would ensure that politicians respect the code of conduct  they signed.

    He spoke yesterday in Abuja at the Ninth Public Lecture of The Electoral Institute (TEI) and INEC with the theme: “Youth and electoral violence in Africa: Lesson for Nigeria.”

    He noted that hate messages promote violence, emphasising the need to keep to the rules of the game to promote peace.

    According to Jega, “the challenge is mediating among politicians to respect the code of conduct that they have signed.”

    As part of the efforts to reduce hate messages, Jega said the commission would be meeting with traditional rulers to assist in disseminating its messages of peace.

    He said the commission would improve on its voter education programme.

    The guest speaker and Director, African Leadership Centre (ALC), Kings College, University of London,  Dr. Funmi Olonisakin, warned against deployment of security operatives during elections without training them properly on electoral process.

    She said: “As much as possible, security personnel should not be deployed unless INEC has certified that they have received electoral security training.”

    She explained that electoral security training was different from standard operating procedures of the police.

    On youth involvement in electoral violence, Dr. Olonisakin said: “The competition among the political elite for services of youth and their cooperation for manipulation can and should be mediated by other credible stakeholders in the society.”

    Besides, she said political messages around the youth should be changed from that of “youth as a risk to society” to the potential they offer and the resources they bring to the society.

    The speaker, who denied  link between unemployed youths and electoral violence, said: “There is a predominance of a law enforcement approach, rather than a political approach that seeks to address the root causes of violence.”

    Dr. Olonisakin warned that “the level of prosecution in electoral violence is low despite the law enforcement approach.”

     

  • 2015 polls: Adamawa, Borno, Yobe’s fate hangs

    2015 polls: Adamawa, Borno, Yobe’s fate hangs

    The Chairman of the Independent National Electoral Commission (INEC), Prof. Attahiru Jega, has declared that elections may not hold in three Northeast states in 2015, owing to the security challenges. Assistant Editor LEKE SALAUDEEN examines the implications of the proposed fractional elections for democracy.

    Perilous times are around the corner for democracy in Nigeria. The Independent National Electoral Commission (INDEC) has alerted that, unless the Boko Haram insurgency is nipped in the bud before 2015, elections may not hold in the troubled spots in the North. Its Chairman Prof. Attahiru Jega, ruled out elections in Borno, Yobe and Adamawa states, if the security challenge persists. He said the commission may be compelled to postpone or cancel elections in the affected areas.

    Already, the Federal Government has declared a state of emergency in the three Northeast states due to the Boko Haram insurgency.

    According to the 2011 voters register, the Northeast has over 10 million voters. The three states under the emergency rule have 5.5 million registered voters. Borno is credited with 2.2 million voters; Adamawa 1.7 million and Yobe 1.1 million.

    The implication of the INEC decision not to hold election in the three states, if the security situation does not improve, is that voters in the troubled stateswould forfeit the right to elect their governors, federal and state lawmakers. Another implication is that the three states would not participate in the presidential election. The question is: can the presidential election be conclusive, if the three states are excluded? Also, will the President appoint administrators for the states in 2015?

    Analysts agree that peace is a pre-requisite for a free, fair and credible election. This is because voters should be able to move freely to cast their votes on election day without fear or intimidation. Critics say Jega’s warning was too early. They noted that the state of emergency, which was renewed for six months on November, is expected to expire in April next year. The 2015 general elections will hold between January and February, eight months after the expiration of the emergency period. Is INEC predicting that the emergency period will be permanent?

    Another school of thought has submitted that the umpire has accorded prominence to the dreadful sect over and above national sovereignty, instead of encouraging the Federal Government to create an environment devoid of violence.

    A lawyer, Chief Niyi Akintola (SAN), said Jega’s statement is a signal that there is danger ahead of 2015. “It is a wake-up call on the leaders to speak out on the situation in the country”, he said. Akintola said that if a fractional election holds in 2015, democracy will be in jeopardy. “The statement is very unfortunate. If the INEC Chairman can say that elections would not hold in certain states in 2015, especially when those states are controlled by the opposition, then, we are getting the results of the presidential election, ahead of 2015”, he added.

    The legal luminary urged Nigerians to resist the move, saying that it is a bad omen. “The leaders of this country must speak up and call Jega to order. The 2015 elections is very crucial to the survival of this country. We should not sit on the fence and allow political charlatans and their official collaborators to plunge this country into chaos”, he advised.

    Another lawyer, Ajibola Bashir, expressed a similar view. “Does it mean the security situation in those states would not change before 2015? Will there be no governors in those states after 2015? Does the state of emergence cover every part of the three states in question?”, he queried.

    Bashir challenged Jega to tell Nigerians whether the poll can be credible, if some states are excluded. He said the umpire made the statement without sparing a thought for democracy. “It appears he didn’t make consultation with his legal advisers before making such a sensitive statement. Nigerians should watch the body language of the INEC, considering its role in the Delta senatorial by-election and the bungled Anambra State governorship election. The INEC officials may be acting the script of a political party for 2015”, he said.

    A lecturer at the University of Lagos, Akoka, Dr David Aworawo, submitted that Jega had led out the cat from the bag by sensitising the polity on what it is required by the government to perpetuate itself in power. He said the electoral agency was offering to the government an excuse to postpone the poll and achieve tenure elongation.

    “Now that Jega has given a condition that, unless security situation changes in the Northeast zone, the commission would not conduct elections in the affected states, the media should continuously put the security challenge in the North on the front burner and put pressure on government for an improvement. If Jega had not raised the issue now, it would have taken us unaware in 2015 and that could have led to catastrophe”, he added.

    A banker, Malam Bukar Shuaib, said he was not surprised by the statement made by the INEC boss. “We in the Northeast know that President Goodluck Jonathan has a motive other than the restoration of peace in declaring a state of emergency in the three states”, he said.

    Bukar said the Federal Government may not lift the emergency rule before the 2015 elections for political reason. “The three states are governed by the opposition party. If elections are not held in those states, it would be to the advantage of President Jonathan and his party, the Peoples Democratic Party (PDP). I won’t be surprised, if the President declares a state of emergency in states like Kano and Sokoto before 2015 to decimate the fortunes of the All Progressives Congress (APC).

    “I don’t know how the INEC would conduct the presidential election without some states participating and come up with a result that would reflect the decision of every part of the country. Both the Federal Government and the INEC should know that Nigerians are very sensitive about the 2015 elections. Any attempt to rig or bungle the election would be resisted”, he added.

    Afenifere chieftain Senator Olabiyi Durojaiye disagreed with the INEC, saying that its fear about insecurity in the Northeast is unfounded. He said that any attempt to postpone elections in the states amounts to disenfranchising a section of voters from the zone. The politician said that not everybody in the states are members of the Boko Haram sect.

    “Only a few people are terrorists. They are in the minority and the government cannot because of that deny the law abiding majority in those states the right to vote and to be voted for”, he said.

    Durojaye said that the fundamental duty of government is to provide security of life and property and maintain law and order among the people, adding that the corresponding duty of citizens is to obey the law and discharge their civic responsibilities.

    The security situation in the North, the politician said, appears to be an admission of failure of government, urging the President to rise to the occasion.

    A youth activist, Shehu Danjuma, said the INEC should not hide under the state of emergency to disenfranchise the people. He said the latest pronouncement of Prof Jega was in tandem with the familiar strategy of the Federal Government to prolong insurgency in the Northeast.

    According to Danjuma, the plan is to prolong the emergency rule and use it as an excuse to disenfranchise voters in that zone because the government knows it cannot win a free and fair election in those states.

    The youth leader urged the Federal Government to resolve the crisis in the Northeast and the country in general. “We need a peaceful, free and fair election in 2015. We will resist any attempt to disenfranchise Nigerians under any guise. Instead of disenfranchising citizens for no fault of theirs, the Federal Government should tackle insecurity in the North”, he added.