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
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
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