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PEPC affirmation of Tinubu presidency and future of democracy in Nigeria
By Emeka Alex Duru
(08054103327, nwaukpala@yahoo.com)
The judgement by the Presidential Election Petition Court (PEPC) on Wednesday, September 6, on disputations from the February 25 presidential poll, has added to the argument on the future of democracy in the country. It has also added to the question on the role of the judiciary in deepening the democracy culture in the land. The details of the PEPC verdict are already in the public domain and attracting various comments, hence no need rehashing them here. We can only look at some salient ones that may have serious bearings on future elections in the country.
Among the striking points raised by the Court was in dismissing the allegations by the Labour Party (LP) and its presidential candidate in the February 25 election, Peter Obi, that the All Progressives Congress (APC), Bola Tinubu was arrested or had criminal records in the United States of America. Atiku Abubakar of the Peoples Democratic Party (PDP), raised similar charges against Tinubu.
The five-man panel led by Justice Haruna Tsammani ruled that no record of criminal arrest or conviction was established against Tinubu by the petitioners. It specifically maintained that both the LP and Obi, failed to prove that Tinubu was convicted for money laundering in the United States.
The Court also stated that the Independent National Electoral Commission (INEC), was not statutorily required to transmit election results electronically. It equally dismissed LP/Obi’s Petition on 25 per cent needed to win the presidential election in 24 states of the federation including the FCT. According to the court, FCT residents have no special privileges as the petitioners claimed. The court also rejected the European Union (EU) report on the polls, arguing that it was not tendered by an official of the body. The allegation of Tinubu’s dual nationality, his breezy credentials and double nomination against his running mate, Kassim Shettima, were equally discarded by the court. At the end, Tinubu was given a clean bill of health and his election for the presidency, affirmed.
Now, these are clearly legal matters which those substantially informed in the field can properly situate. But they have far-reaching implications to even the man in the street. The PEPC verdict brings to mind this particular brand of wrestling, referred to as ‘free style’, in which combatants are free to employ any strategies to dislodge their opponents, including unconventional tactics. What matters is who comes tops at the end of the exercise and not how he manages to do so. That, perhaps, is the most elementary way of explaining the Court’s affirmation of the Tinubu victory. It tilts considerably to what economists refer to as the end justifying the means.
Our politicians are smart, in case the justices of the PEPC do not know. Knowing them and their antics, the judgement in favour of Tinubu, would provide basis for wholesale rigging and other electoral malfeasance in subsequent elections, of course, convinced that they will have their way after all.
Tinubu seemed to have read this beforehand. At a forum with APC chieftains before the election, he was overheard telling them that victory at the polls was not a matter of playing by the rules, urging them, rather to snatch it and run with it. That was precisely what he did in cahoots with the INEC. There is no self-respecting Nigerian or organisation with a modicum of integrity that does not know that the election was slanted in Tinubu’s favour by INEC. The PEPC may have given its verdict on the basis of facts and presentations by the lawyers before it or any other consideration. But Nigerians knew better.
The danger in the judicial seal to the Tinubu presidency is the obvious assault on the growth of democracy in the country. The last general election was a particular exercise that Nigerians of all ages and classes, especially the youth, saw as one that would change many narratives in the country. It was one which the organisers – the President Muhammadu Buhari administration and INEC, had pledged to execute in a manner that would repair the country’s ruptured repute in electoral matters. Buhari, in fact, boasted that the success of the election would stand as a legacy and point of reference for his regime. INEC chairman, Professor Mahmood Yakubu, equally assured the whole world of conducting an election that would mark a radical departure from the past that was characterised by manipulations.
That, unfortunately did not happen. The outcome was rather unexpected and quite demoralizing. It is thus not surprising that millions of Nigerians who had queued to vote, especially the youths, many of who had not voted before then, have remained in shock more than six months after.
They had thus, looked up to the courts to make a final say on the election. In the hashtag; “#
In affirming Tinubu, the winner of the presidential election, what has been given unintended endorsement, is the rule of the thumb or survival of the fittest by candidates in future elections. Former Senator for Imo West (Orlu) Senatorial District, Imo State, late Francis Arthur Nzeribe, had uncanny ways of running over his opponents at the polls and daring them go to court. Contesting the position from the point of a victor gave him edge over them. Till he was forcefully retired, unconventional practices hallmarked his electoral engagements. And the impacts still resonate in the senatorial district. Our elections at the national level and indeed all segments, may be tailored along that odious direction, subsequently, if care is not taken.
The beauty of electoral democracy is freedom it accords the voters in making their choice in elections. That freedom presupposes that the choice should not be compromised or encumbered by extraneous considerations. The moment that right is taken away from the electorate by force or someone stealing himself to victory outside their consent, democracy dies.
It becomes more challenging when the presidency is involved. Issues concerning the office are not matters to be determined on grounds of technicalities or extreme legalism. The President of a country is the manifestation of its sovereignty. He is like a glass house in a market square which everyone sees through. The day the office is appropriated or compromised by someone through subterfuge or whatever manner clearly outside the free will of the people, the occupier of the office remains a usurper, in the mind of the people.
Bola Tinubu may have scaled all the hurdles – electoral and legal in his determined march for the presidency. But beyond the PEPC controversial judgement, he still needs to convince Nigerians on the genuineness of his mandate. That remains a burden he may have to live with.
DURU is the Editor, TheNiche Newspapers, Lagos
For those believing that President Bola Tinubu’s exclusion of Humphrey Nwosu, the late Chairman of the defunct National Electoral Commission (NEC), was an error that would be corrected subsequently, their expectation came to naught on Friday, with his non-recognition once again.
In a surprise outing, the President failed once again to name the late Professor of Political Science as one of the Nigerians honoured, on the day Nigerians would be celebrating this year’s anniversary of June 12, designed to mark the historic 1993 presidential election, which has now been designated as Nigeria’s Democracy Day.
It was a day Moshood Kashimawo Olawale Abiola (MKO), the candidate of the defunct Social Democratic Party (SDP), was elected President in a transition programme undertaken by the military government of then President Ibrahim Badamasi Babangida (IBB).
Expectations are that because the Option A4 model used in achieving the outcome of the election, acknowledged as the freest and fairest election in Nigerian history, the late electoral commission’s boss, would feature prominently in the list of those to be honoured by the government.
But another list contained in the national broadcast by the President, suggested that the position of the treatment meted to the former NEC Chairman, reflected the thinking in the All Progressives Congress (APC), as the late President Muhammadu Buhari, Tinubu’s predecessor, under whom June 12 was given national recognition.
The list, populated mainly by names from the South West, which included both civilians and military personnel, did not capture the category of national honours to be bestowed on the recipients, as the government said further information would be released in due course.
Prominent among those recognized, was Shehu Musa Yar’Adua, a General and former Chief of Army Staff, Supreme Headquarters between 1976 and 1979, under the military regime of Olusegun Obasanjo, who died in Abakaliki Prison in 1997, where he was detained for allegedly participation in carrying out a coup against Sani Abacha, then Head of State.
Tinubu, said the completed Institute of Petroleum Studies, Kaduna, would now be known as General Shehu Musa Yar’Adua University of Geological Sciences and Engineering Technology, to honour the General, who later became a prominent figure in Nigerian politics, “for his vision of national partnership.”
Listing the other names, Tinubu said: “I am also pleased to announce national awards to the following Nigerians, who suffered persecution, endured indignities, exile, incarceration, and, at times, solitary confinement, so that we have democracy today.”
The recipients included: Ayoka Lawani, Tunde Fagbenle, Oladele Alake, Olatunji Bello, Louis Odion, Segun Babatope, Sam Omatseye, Ademola Osinubi, Bola Bolawole and the duo of Lade Bonuola, former Managing Director of The Guardian and Femi Kusa, former Editor of the Nigerian foremost newspaper.
Others, were: Debo Adeniran, Ayo Opadokun, Chief Ralph Obiora, Ose Osayande, Osa Director, Sylvester Odion-Akhaine, Arthur Nwankwo (Posthumous) and Osagie Obayuwana, all pro-democracy activists.
The list also included Joe Okei-Odumakin , Titus Mann, Joe Igbokwe, Richard Akinnola, Ben Charles-Obi (Posthumous), George Mbah Niran Malaolu, Ishola Williams, a retired Major-General, Femi Aborisade, Jenkins Alumona, Gbemiga Ogunleye, Muyiwa Adekeye, Babajide Kolade-Otitoju and Ike Okonta.
“We also recognise the soldier-democrats of the June 12 struggle: Major General MA Garba, Brigadier General Lawal Jaafaru Isa, Col Umar Farouk Ahmed; Col Sambo Dasuki;
Col Lawan Gwadabe; Brigadier Jonathan Ndam Temlong, Col Musa Shehu; Major General Chris Eze; Major General Harris Dzarma; Col Isa Jibrin; Maj. General Joseph Oshanupin; Col Olusegun Oloruntoba, Olugbede of Gbede Kingdom), Lieutenant Colonel Happy Kefas Bulus, Col J Okai;
Col Emmanuel Ndubueze; Lt Col Yakubu Muazu and Brigadier Yahaya Abubakar, the Current Etsu Nupe, who is already the holder of the CFR title.”
From Godswill Obot Akpabio, Senate President, came a definitive message to Nigerians on Friday – the future is bright, the road is clear and destination is assured under a strong, visionary and purposeful democratic leadership of President Bola Tinubu.
But he also raised a proviso – since democracy is participatory all citizens of the country, must get involved in providing the planks, which when nailed together, would enable the leaders fortify the platform for its growth, to enhance a robust, viable future.
These formed the fulcrum of his admonishment, as he joined other national leaders to celebrate Nigeria’s 27th anniversary of uninterrupted democracy, in which it not only broke the vice grip of military rule, but witnessed seven election circles to choose leaders at both national and other levels of government.
Akpabio, Chairman of the National Assembly, Nigeria’s lawmaking institution, was particular about the participation of the Nigerian youths in making his admonition come true, reminding them that they actually owned the future being fashioned today.
Conveying his message through Eseme Eyiboh, his spokesman the former Governor of Akwa Ibom State and former Minister of Niger Delta, also called on Nigerians to embrace unity, vigilance, and active participation in nation-building, commending them for showcasing resilience and support for democracy despite some low moments.
Noting that democratic experiment remained a testimony of endurance despite years of agitations, he said: “On behalf of the 10th National Assembly, I congratulate every Nigerian for the sustenance of democracy for close to three decades. Mistakes have been made in the course of this journey but we will surely get to the desired destination with your support.”
“Democracy should extend beyond the conduct of elections and be anchored on accountability, justice, compassion and service to the common good.”
Particularly for the Nigerian youths, he was emphatic about their active participation in the nation’s political process stressing that the younger generation forms the fulcrum of leadership succession.
Hear him: “As we commemorate June 12, I wish to encourage the youth not to sit on the fence but be active participants in the nation’s political activities. The youths constitute the fulcrum of those who will succeed us tomorrow.
“Let us therefore rededicate ourselves to the ideals of freedom, transparency and accountable government, social justice, and active citizen participation, especially the youths.”
The Senate President, also spoke the current parlous state of carnage in the country, appealing to Nigerians to unite with one another and cooperate with the government to tame “the monster that has befallen the nation.”
Assuring that Tinubu’s administration remained committed to ending the menace and securing the release of all persons in captivity, he said: “I urge every Nigerian to support the administration of President Bola Ahmed Tinubu in her efforts in fighting terrorism. We understand the pains you are going through but the government is not resting on its oars and hopefully we shall overcome this current challenge and all will be well with Nigeria.”
Seriake Dickson, National Leader of the Nigeria Democratic Congress (NDC), on Wednesday showcased Peter Obi, its presidential candidate in the 2027 election, but gave a proviso – his importance would not be at the expense of the party.
A guest on Prime Time, a public affairs programme on ARISE NEWS Television, the former Governor of Bayelsa State, now Senator representing West at the National Assembly, maintained that the belief in some quarters that Obi’s entrance into the party was a favour was completely misplaced.
Instead, he argued that the opposite was the case, as it was the party that was doing its candidates a favour by giving them the opportunity to contest elective positions on its platform in the 2027 elections, a gesture that ought to be returned.
Hear him: “Don’t make it look like anyone is doing NDC a favour. No one is. Rather, the NDC and I and my colleagues are doing people a favour by granting our platform. If you are genuinely supporting Peter Obi and you are disparaging me, the leader, or the platform itself. That is nonsensical.”
Stressing that NDC had demonstrated confidence in Obi by adopting Obi as its sole presidential candidate and selecting a vice-presidential candidate without internal disputes, he said it was enough to earn its leadership the gratitude it deserved.
He added: “Nobody paid shishi. So, if a presidential candidate didn’t pay shishi to be made the sole presidential candidate and sole vice-presidential candidate, that same party cannot be the one saying that small people are underprivileged.
“I could have run. There’s no one more qualified than me. There’s no one more qualified than me to run for presidential candidate. None. There is no crisis within the NDC. Peter Obi is a cherished member of our party. On our own, we have made him a presidential candidate. Sole presidential candidate. And that counts for something. We are working well together. There’s no crisis.”
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