News
Falana to NASS: Without legal backing for IREV, BIVAS you’re wasting your time
Instead of wasting energy pursing the making of voting at elections for all Nigerians compulsory, the National Assembly has been told to channel same to making the Bimodal Voters Accreditation System (BIVAS) and INEC Result Viewing (IREV) portal legal rather than an option in the nation’s electoral system.
This was the position of Femi Falana, Senior Advocate of Nigeria (SAN), as he weighed in on the proposal being canvassed by Tajudeen Abbas, Speaker of the House of Representatives seeking to make it punishable for Nigerians of voting age not to participate in elections at all levels.
Originally sponsored by Daniel Asama Ago, Labour Party (LP) member representing Bassa/Jos North Federal Constituency in the House, the bill, meant to cure the cases of poor outings during elections, stipulates six months prison terms for defaulters or N100,000 fine.
But Falana, foremost rights advocate in Nigeria dismissed the move as not only unconstitutional but impractical under the current legal framework of the country, adding that to make it sail through required constitutional amendment.
Ago at plenary on Thursday, had argued that the bill would curb voter apathy and reduce vote-buying, while Abbas, citing similar laws in Australia, said such a law was necessary to enhance civic responsibility.
But pooh-pooing the move Falana, argued in a statement on Monday titled: Compulsory Voting is Not Enough, that the bill was inconsistent with several provisions of the 1999 Constitution, guaranteeing citizens’ rights to privacy, freedom of thought, and freedom of conscience.
His words: “The Speaker of the House of Representatives probably wants Nigeria to join Egypt—the only African country out of 23 globally with provisions for compulsory voting. The said constitutional provisions protect the fundamental rights of the Nigerian people to privacy, freedom of thought and conscience, as well as the freedom to register and vote in national and state elections conducted in Nigeria.
“However, it is doubtful whether the Speaker and his colleagues have paid sufficient attention to the relevant provisions of the Constitution. Otherwise, they would have realised that the compulsory voting is constitutionally invalid in every material particular on the ground that it is inconsistent with Sections 37, 38, 77(2), 135(5) and 178(5) of the Constitution.
“The legal foundation for mandatory voting is shaky since Chapter II of the constitution outlines the Fundamental Objectives and Directive Principles of State Policy, which remain non-justiciable. Compulsory voting cannot be legalised in vacuo.
“Apart from the possibility that it may be declared illegal under the current political dispensation, it is practically impossible to prosecute millions of Nigerians who may decide to boycott national and local elections that have been reduced to the periodic renewal of misgovernance, corruption, and abuse of power by pampered members of the political class.
“Since Section 14(2) of the Constitution provides for popular participation in the democratic process, compulsory voting may only be justified if Chapter II thereof is made justiciable.”
Criticising Nigerian courts for dismissing the enforceability of Chapter II without considering Section 224 of the Constitution, mandating political parties to align their programmes and policies with the principles in that chapter, Falana added: “Nigerian courts have never considered Section 224, which states that ‘the programme, as well as the aims and objects of a political party, shall conform with the provisions of Chapter II of this Constitution.’”
He also cited sections of the constitution which require public officeholders to swear to uphold the Constitution, including the directive principles in Chapter II, maintaining that both political parties and officeholders are legally bound to respect the socio-economic rights of citizens.
“Each of these public officers is mandatorily required to swear or affirm to ‘strive to preserve the Fundamental Objectives and Directive Principles of State Policy contained in the Constitution of the Federal Republic of Nigeria.
“The point I am struggling to make is that by the combined effect of the relevant provisions of the Constitution, all political parties and members of the executive and legislature are under a legal obligation to comply with the provisions of the Fundamental Objectives and Directive Principles of State Policy enshrined in Chapter II,” he said.
Further invoking Article 13(1) of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act, which guarantees citizens the right to participate in government, he said: “Citizens can be justifiably compelled to vote only if the socio-economic rights set out in Chapter II are made justiciable. The National Assembly is advised to review the controversial bill without any further delay.”
Falana, while lamenting the lack of constitutional backing for electronic election devices such as BVAS and IReV, despite their role in improving electoral credibility, said: “The Supreme Court has ruled that the use of these devices is not yet recognised under the Electoral Act or the Constitution.”
Canvassing that legislative focus should shift toward amending the Electoral Act to formally integrate such technological innovations and to adopt key recommendations from the Uwais Electoral Reform Panel, he listed the unbundling of INEC, introducing proportional representation, concluding election petitions before the swearing-in of winners, and establishing an electoral offences commission.
Arguing that unless Chapter II of the Constitution – containing the Fundamental Objectives and Directive Principles of State Policy – was made justiciable, enforcing compulsory voting would remain a legal contradiction.
His words: “Having regard to the state of the law, compulsory voting cannot be legalised in vacuo,” the lawyer declared.
Falana referenced Nwali v Ebonyi State Independent Electoral Commission & Ors (2014), where the Court of Appeal ruled that open ballot voting violated the right to privacy.
He also cited Medical and Dental Practitioners Disciplinary Tribunal v Okonkwo (2001), where the Supreme Court upheld the right to freedom of thought and conscience, emphasising that individuals cannot be coerced into actions that conflict with their beliefs.
Noting that in the case, the court reversed a disciplinary sanction on a doctor who had respected a patient’s religious refusal of blood transfusion, stressing that coercion undermines constitutional rights, he pointed to Incorporated Trustees of Digital Rights Lawyers Initiative & Ors v National Identity Management Commission (2020), where a judge ruled that the right to privacy extends beyond physical spaces to personal data and decisions.
On religious freedoms, he cited the 2022 Supreme Court decision in Lagos State Govt & Ors v Asiyat AbdulKareem, which upheld Muslim students’ right to wear the hijab in public schools, reaffirming that religious expression is constitutionally protected.
I will always refer to the encounter I once had with Kenneth Idiodi. He was then the leader of the Rosicrucian Society in Nigeria, otherwise known as Amok. It was a sit-down at Zodiac Hotel Enugu. Then, I was the reporter of The Guardian in the Coal City.
You know the Amok faith bases its philosophy or belief on the law of Retributive Justice – the law of Karma. That is to say, everything you do in life has its rewards or punishment in equal measure – much like the measure you give, the measure you receive.
I don’t know how much this society draws or links this belief from or with the Bible, but I do recall Jesus Christ warning Simon Peter – return your sword to the scabbard – for he who kills by the sword, dies by the sword.
As a child growing up I listened to one of the epics of Oriental Brothers with the lyrics – ogbu mma ga-esi n’mma na, ogba egbe ga-esi n’egbe na ooo! Translated – he who kills by the sword will die by the sword, he who kills by the gun will die by the nozzle of the gun.
Now, here is where this is relevant in present Nigerian reality – the reason I’m putting details of that encounter out publicly once again, having done so previously.
During that encounter, Idiodi used one event in Nigeria to illustrate his point. He told me of a Nigerian leader who commanded the troop that carried out the Asaba massacre in the heat of the Nigerian civil war – an episode, said to have claimed over 2,000 able-bodied men who had come out to welcome the Nigerian soldiers with songs and dances only to fall in the hail of bullets that descended on them like rainstorms – was not spared by fate.
That commander was to meet his own death in a hail of bullets even as a Head of State. He never mentioned the name of the military top brass. But I used my tongue to count my teeth to come to the answer. You could also do same – use your tongue.
Now, how does this relate? You may have followed the outing of General Yakubu Gowon at the Bola Ahmed Tinubu International Conference Centre, Abuja, where he presented his autobiography titled: My Life of Duty and Allegiance, that contained what seemed his memoir on the Nigerian civil war, which he prosecuted as Head of State.
I’m sure you must have been observing the debate therefrom that event. Now, I’m not so much enamoured of the debate as I’m of the nuances surrounding that unfortunate episode and the role of Gowon in it, given my takeaway from that Idiodi encounter some two decades ago.
Does Gowon, now a nonagenarian really believe that presenting a pious, if not saintly account of himself to the world as snippets of his book, which I picked up here and there suggests, truly suffices for the atrocities of that period?
Take the Asaba massacre for example. Was that the handiwork of Odumegwu Ojukwu, the Biafran leader, whom the former Head of State seems to blame for everything that went wrong. Was he also the one that commanded that mass slaughtering of innocent men?
Under your nose as Head of State, you watched citizens slaughtered mercilessly like infested herds in the streets – you watched young girls corralled into leprosy colonies and wantonly raped before being wasted – you watched as train coaches bearing people fleeing the scene were stopped and their human cargoes thrown alive into River Benue like rotten goods for fishes to feast on – you watched all these and didn’t lift a finger.
Then as Head of State, you not only supervised but watched millions of children with distended stomachs, tiny feet, glazy eyes, heavy heads on ropelike necks, practically begging for death to come quickly and save them from further punishment.
You supervised and watched the cataclysmic eruptions from the blitzkrieg on churches, markets and hospitals – all to keep Nigeria together. In your mind the brutal and merciless butchery of innocent people who were not soldiers and had nothing to do with the war could be explained away just like that?
O! It was Ojukwu that caused it. Ojukwu was the one who released the bombs, caused the blockades that led to the kwashiorkor that killed millions or other atrocities thereof? What a pity!
Now, I return to Idiodi. How else could anyone interpret today’s Nigeria without introducing the law of retributive justice that the Amok leader spoke of? How do you fault the link of the commander who massacred over 2,000 souls dying by the barrel of the same gun, even as Head of State?
How could anyone fail to relate what is happening to our Gowon today with the past? This is a Geneal that wakes up to see hundreds of his brothers and sisters being buried in mass graves as was done during the onslaught he supervised against another people and he still thinks it has nothing to do with him?
Now, the story you told at that event in Abuja on Tuesday, is not new. You simply repeated yourself. My interpretation of that event is that you’re a man undergoing daily torture. You wouldn’t be a human being otherwise, given what is before you, which didn’t start today.
You’re probably trying to escape your fate by appealing to public sympathy. How helpful could that be in the face of the clear evidence of your culpability in the deliberate wasting of more than three million souls? Nobody would believe you.
Yes! They could humour you. But that’s the best anyone could do for you. I hear money rained like a fountain and that you left the scene with billions of naira in your kitty. At 90? Haba General!
Now, here is the thing General. None of these would help.
None would work. You have tried prayers. But you forget that the prayer of sinner is an abomination and a reproach before God, unless he repents. You have also written the book. Surely, this too would end up in the trashcan of history – meaningless piece of conjectures, propaganda, half-truths and outright lies – perhaps!
But, why don’t you try the one thing you have been running away from, for more than five decades – go on your knees in total supplication and surrender, repentance and penance – then rise, call all Nigerians and empty yourself with the truth.
Thereafter openly apologise to the millions of souls whose tormenting wailing you probably hear every day during your disturbed sleep and in your quiet moments, but choose to suppress with these baby tales. Ask them for forgiveness, genuinely and see. There may lie the answer you seek.
Try that and see if it wouldn’t be a more efficacious cure for this decades-old wound than this Ojukwu-bashing and those wasted prayer sessions. You might not only have atoned for the past, but saved the future. May God guide you.
My name is Sunny Igboanugo, I’m The Tiny Voice
“Now that the court has ruled against it, we are sure that, in the coming days, we will witness a mass exodus from the ruling party,” were the words with which the African Democratic Congress (ADC) welcomed Wednesday’s ruling of the Federal High Court, Abuja reversing the deadline for party primaries, among others.
Bolaji Abdullahi, spokesman, who conveyed the party’s excitement over the development, said it viewed the ruling as vindication of its objections to key aspects of the electoral body’s guidelines at the time they were issued.
Recalling its specific objections to the strict timelines on membership registration as well as the conduct of party primaries, the statement, said: “The decision of the court on these issues, including those that directly contradict the constitution, is therefore a welcome vindication of our position.”
Stressing that the ruling, which removed the impediment placed by the guidelines on politicians who wished to seek alternative platforms to contest elections, was a positive development that would promote freedom of association, the statement, added: “We believed at the time that that particular restriction was designed to prevent people from leaving the ruling party, APC.”
Secretary of State Marco Rubio warned Cuba on Thursday that the United States was laser-focused on changing the communist system, after the island was stunned by a US indictment of its former president Raul Castro.
The US military announced that the USS Nimitz aircraft carrier and its escort warships had entered the Caribbean, although President Donald Trump, asked if the deployment was meant to intimidate Cuba, said, “No, not at all.”
Rubio, a Cuban American and vociferous opponent of Havana’s government, described the island 90 miles (145 kilometres) from the US shore as a “failed state” as it suffers a major economic crisis.
“Their economic system doesn’t work. It’s broken, and you can’t fix it with the current political system that’s in place. What they’ve gotten used to all these years is just buying time and waiting us out.
“They’re not going to be able to wait us out or buy time. We’re very serious. We’re very focused. The US preference is always a diplomatic solution, but President Donald Trump has other options at his disposal.”
Stating that Cuba had tentatively accepted an offer by the United States of $100 million in aid in return for reforms, he said it was unclear if the United States would accept Cuba’s terms, as Washington insists on circumventing the military-backed conglomerate GAESA, which dominates the island’s economy.
Rubio said Thursday that the GAESA chief’s Florida-based sister, Adys Lastres Morera, had been arrested and was being held by US immigration authorities, adding in an X post: “Managing real estate assets…while also aiding Havana’s communist regime, until I terminated her permanent resident status.”
The charges against Raul Castro — younger brother of Fidel Castro, the late iconic US nemesis who led Cuba’s communist revolution that culminated in 1959 — stem from the deadly downing of two civilian planes manned by anti-Castro pilots in 1996.
Cuban authorities called on citizens to protest the “despicable” indictment, with the official newspaper Granma urging Cubans to gather outside the US embassy in Havana on Friday at 7:30 am (1230 GMT).
“This isn’t really an accusation, something from more than 30 years ago, but rather a public attack on a public figure,” Fabian Fernandez, a 30-year-old accountant, told AFP in Havana.
Trump in January seized on a US domestic indictment of Venezuela’s leftist leader Nicolas Maduro to send in US forces to depose him and take him into custody.
“The idea is to say, we can do to you what we did to Nicolas Maduro,” said Christopher Sabatini, senior fellow for Latin America at Chatham House.
The Maduro operation led to the end of free oil from Venezuela to Cuba, which relied on its ally for nearly half its needs.
Cubans have suffered power outages of up to 20 hours a day and taps running dry.
Runaway inflation has caused the price of basic goods to soar and mountains of trash have piled up on the streets of Havana.
In addition to murder, Castro has been charged with conspiracy to kill Americans and destruction of aircraft.
The Cuban government called the 1996 shootdown was “legitimate self-defense” against an airspace violation.
China and Russia both criticized Trump’s steps on Cuba, which come as he tries to end an unpopular war he started with Israel against Iran.
Chinese foreign ministry spokesman Guo Jiakun told a press briefing that Washington “should stop brandishing the sanctions stick and the judicial stick against Cuba and stop threatening force at every turn.”
In Moscow, Kremlin spokesman Dmitry Peskov said: “We believe that under no circumstances should such methods — which border on violence — be used against either former or current heads of state.
-
News3 weeks agoBREAKING: Makinde, Turaki, lose! *S’Court affirms Wike’s PDP leadership
-
News1 week agoTinubu to African leaders: Copy Nigeria, produce your way out of poverty
-
Features3 weeks agoJim Nwobodo: The Sun shines, thrills, at ‘The Vanguard Awards’
-
News4 days agoBREAKING: US-Nigeria troops slaughter 175 ISWAP fighters
-
News1 week agoWhy we pegged presidential ticket forms at N60million – NDC
-
News2 weeks agoGowon on civil war: My book is to put records straight, remove falsehood
-
News2 weeks agoBREAKING! Coast brightens for Obi, as NDC zones presidency to South
-
Columns1 day agoDear General Gowon: That apology you’re running from is your nemesis