LEARNING FROM ELDER STATESMEN

LEARNING FROM ELDER STATESMEN

To say that Nigeria as a nation has come to a cross-road in view of  2015 general election and insurgency  is to say the obvious. The fourth attempt at democratization came about 16 years ago after a tortuous journey that began on 1st October, 1960. Interrupted by civil war that lasted 30 months, it was to be followed by 13 years of military rule. That military interregnum became an introduction to ‘executive lawlessness’ unconstitutional conduct of whoever that exercises authority from the family to the Presidential office.

Alhaji Shehu Shagari who started as Parliamentary Secretary to the first Prime Minister, Alhaji Sir Abubakar Tafawa Balewa coincidently 90 today could narrate the background stories of the Republic more eloquently than anyone else.

Every generation faces its peculiar challenges. At the time of his emergence as First Executive President there were politics along ethnic divide that produced the three major political parties that contested. There was also a new 1979 presidential constitution not tested before with the erstwhile parliamentary “first past the post” not applicable.

To replace that were provisions that for a president to emerge the candidate must have “first past the post” i.e. majority of overall votes cast of the election plus at least a quarter of such votes cast in 2/3 of the entire states of Nigeria.  That was tough and challenging.  But mathematicians and their calculations thought there was none at all since they offered a quick answer to 2/3 of 19 as 12 2/3.  That was to take the nation a long wait listening to justices from the judgment of Special Election Tribunal held on 10th September, 1979 to the Supreme Court judgment delivered on 26th September, 1979.  The contention being that Alhaji Shagari’s election did not comply with s.34 A (i)(ii) of Part II of Electoral Decree 1977.  The petitioner at the Supreme Court did not argue that the election was conducted not in substantial compliance with the provision of the Electoral Decree but that the proper interpretation of S.34A(i)©(ii) means two thirds
of 19 is 13.  If the Supreme Court had been persuaded by the petitioners submission FEDECO would have been obliged to conduct a fresh election under S.34A (3) of the Electoral (Amendment) Decree No.32 of 1979.

The most important thing to learn is the dispatch with which the past electoral suit was prosecuted within available time. The second is that if the Supreme Court had concurred with the interpretation version of the petitioner, a second election would have delayed the transition or even truncated it. It would have been at a high financial cost as well.

His government after swearing-in was the first to take a serious look at agriculture after Operation Feed the Nation (OFN) of the military and housing even though there was no visible policy guidelines on them.

On human right the government set a record of not detaining anyone on political grounds throughout the regime. These are the ideals we should learn from elder statesmen and former President as he celebrates his birthday.     


Iyke Ozemena


Ikechukwu O. Odoemelam & Co.
Corporate Attorneys/Consultants     


                             

ENSURING SECURITY BEFORE, DURING AND AFTER THE ELECTIONS

ENSURING SECURITY BEFORE, DURING AND AFTER THE ELECTIONS

While the electorates are jostling around up and down the country for their PVCs the authorities are in battle over election logistics which has escalated to the point of calling for the removal of the chairman of the electoral umpire Prof. Attahiru Jega.  This scenario is not strange in Nigeria’s political lexicon.

One of the logistics issues that has been raising dust even to the legislature is the deployment of military for security during the election. The minority leader at the house of Representatives moved an unsuccessful motion to declare the move unconstitutional. I would not subscribe to the view that mobilizing the military for security before, during and after the election as unconstitutional.  The reason is because s. 14 of the 1999 Constitution made security and welfare of the people the primary purpose of government.  It is an experiment  that has proved successful at Ondo, Ekiti and Edo state elections.  The presence of adequate security personnel in their numbers is even more compelling and reassuring in an election year such as 2015.  The atmosphere has been charged beyond other election years when the terrorists had not appeared on the scene.

Provision of security hitherto had been the role of the police during normalcy.  You do not need an oracle to know that Nigeria, since the activities of terrorists commenced is passing through normal times.  In fact if  need be the president should mobilize all security outfits to assist in the two-day national event that would not be repeated until the next four years, with the exception of five exempted states.

The terrorist activities in the 3 North Eastern states no doubt delayed the progress made by this administration on the provision of security.  Bornu state governor sometime ago warned that no one should make comments and insinuations that demoralizes the field officers as if they were not competent.  I think it is a critical comment coming from the governor on the hot seat.

That is why General Chris Olukolade upped his game on 24^th February 2015 when he raised the morale of Nigerians and the Army by declaring that the terrorists had retreated, fled and some drowned in Lade Chad basin.  It was soothing for the military spokesman to air to already despondent Nigerians that military hardware and combat skills of the soldiers have improved tremendously.  And the question that readily comes to mind is why did the military descend so low that the nation  have to wait for years to flush out a hand full of militants? Suppose it was a full fledged invasion?

Therefore with the declining fortress of the terrorists and increased preparatory activities for the 2015 polls, one can visibly notice substantial silver lining on the horizon.  A situation when sustained will ultimately return Nigeria to a stable democracy; a condition precedent to all means of  livelihood we undertake, including inflow of foreign investment to flourish,

With this improved security situation the burden is now on the politicians and their supporters not to do anything that could subtract from the level already attained.  A former Attorney-General and Minister of Justice, Alhaji Ibrahim Abdullahi, SAN who had seen it all having been minister at three different occasions was quoted as saying that politicians use security agents meant to assist Electoral Commission and protect the masses to achieve their own selfish purposes against electoral rules.

No one is sure how many people would be disenfranchised because they would not be able to get their PVCs before the D-day.  Added to those who possess only TVCs i.e those whose cards were not printed at all, could they be huge enough to constitute a threat, like protests? In one of the suits filed at the Federal High Court, Abuja to compel INEC to postpone the February election to enable all registered voters collect their PVCs, the plaintiffs insisted that TVCs should be used against PVCs recommended by INEC and the Electoral Act, because once a voter is registered

and data found in the voters register, he/she becomes eligible.

lives and properties could be used to persecute citizens on civic duties or enjoying constitutionally guaranteed freedoms.

Against the background of National Human Rights Commission’s Report that more than 50 persons have fallen victim to election violence, in spite of non-violence pact and elections not yet held, one can see that without these safe-guards the 2015 election would have been very bloody.  However, it is not yet late to continue with voter education especially within the remaining days to the election.

Voters should expect rubbing shoulders with all and sundry,  including security officers on duty.  It is pertinent to remind you that they are wearing the aura of protection by the law.  S.356(2) of the Criminal Code protects police officers (including other security personnel on duty and those acting in their aid) from assault.  The law is a bit strict because whether you know that they are security men or police officers on duty may not be available as a defense.  A conviction may earn as much as one year imprisonment.  Where the accused person feigns ignorance, innocent mistake or provocation it appears that s. 24 would offer a defense of accident.  But it is advisable to control your movements with patience, in the midst of the crowd and while queuing on line, waiting to vote or for the votes to be counted and declared.

Even if incidents lead to the police station remember that we have constitutional guarantee of personal liberty, including taking the arrested person promptly to the station; giving information as to the crime/offence committed; access to legal advice and granting facilities for bail and preparation for trial in accordance with s.36 of the 1999 Constitution, as well as release on bail where it become impractical to arraign the accused within 24 hours as provided by the law,  It is also within the powers of the DCO or the IPO to release the accused unconditionally under s.19 of the Criminal Procedure Act if there is no prima facie evidence of any offence committed.

The absence of Electoral Offences Commission as being proposed does not condone nor justify violation of electoral rules and criminal offences on election day.  Voters should also be educated to avoid or resist violence prone comments discussion or conducts to avoid such post-election violence that occurred in Kenya in 2007 and in Nigeria in 2011.  The aftermath of that incident indicted president Uhuru Kenyata and his vice at the International Criminal Court.  Although INEC outlawed these conducts in s. 7 Code of Conduct for political parties, politicians seem to observe them in breach.

Iyke Ozemena

IKECHUKWU O. ODOEMELAM & CO

Corporate Attorneys/Consultants