To ensure that the political system is sanitised for the conduct of credible elections in Nigeria with transparent and impartial electoral body, President Umar Musa Yar’Adua recently submitted to the National Assembly seven bills seeking to amend the 1999 Constitution and the 2006 Electoral Act.
The Electoral Amendment Bills include: a bill for an act to amend the Independent National Electoral Commission (NEC) Act Cap 15 LFN 2004 and other matters a bill for an act to establish the electoral offences commission and other matters connected thereto; a bill for an act to alter the provision of the 1999 constitution of the Federal Republic of Nigeria and other matters connected thereto, and a bill for an act to establish a centre for democratic studies and other related matters.
Others are: a bill for an act to further amend the 1967 Police Act CAP P19 2004 LFN and other matters connected thereto; a bill for an act to establish the political parties registration and regulatory commission and other matters connected thereto, as well as a bill for an act to amend the Independent National Electoral Commission Act Cap 15 LFN 2004 and other matters connected thereto.
The import of these bills is to underscore the commitment of the present administration towards addressing the lapses and inadequacies in the electoral process.
The flaws in the electoral Act 2006 have no doubt contributed to the hiccups and long delay in the dispensation of justice especially with respect to the election petition matters. This deprives the legitimate winners the right to assume office as at when due, while State resources are freely deployed by presumed winner to prosecute the litigation.
Meanwhile, the delay in the disposition of election petition matters has always created problem of stability, accountability of resources and stable implementation of state policies for smooth administration.
For instance, it took the election tribunal more than three years to resolve the Anambra gubernatorial election petition matter between Governor Peter Obi and his successor.
Also, in Edo and Ondo States, it took nearly two years for the actual winners of the April 2007 gubernatorial election to be declared the legitimate winners.
Meanwhile, in some States such as Ogun, Osun and Delta States, there are still some unresolved election petition matters before the election Appeal Court, arising from the conduct of the gubernatorial election.
Given the delay in the disposition of election petition matters in the country, the President of the Court of Appeal, Justice Umar Abdullah has suggested that next election should be held eight months to the expiration of the tenure of the present office holders, presumably September 2010 instead of April 2011.
According to him, such a schedule would allow all the litigations arising from the elections to be resolved before the winners will assume office.
But, Sections 76 (2) and 116 (2) of the 1999 constitution stipulate that election shall not be held into the offices of the National and State Assembly members earlier than 60 sixty days before the expiration of the tenure of office of the incumbent.
Similarly, in the case of the President and Governor, sections 132 (2) and 178 (2) stipulate that “An election to the said office of President/Governor shall be held on a date not earlier than sixty days and not later than thirty days before the expiration of the term of office of the last holder of that office”.
In view of the delay in the dispensation of election matters, the Electoral Reform Panel constituted in August 2007 under the chairmanship of Retired justice Mohammed Uwais had recommended the holding of election on a fixed date, with a durational period of six months within which all electoral petition matters shall be disposed off before swearing in.
But during the National Council of State in March, this year the nation’s apex advisory body rejected this recommendation and allowed election petition matters to be open-ended period.
According to Governor Ikedi Ohakim of Imo State who addressed the Press in Abuja after the council’s meeting, the council approved almost 80 percent of the Justice Uwais Electoral panel recommendation on the Election Reform, but, rejected the recommendation of a durational period of six months within which all electoral matters will be disposed off, “because it will impinge on the fundamental human rights of the citizens to pursue their cases to logical conclusion”.
But Barrister, Jas Awanen, a Port Harcourt based legal practitioner dismissed this argument and supported the conduct of the next general election in September, 2010 rather than April, 2011.
According to him, “our democracy will be more healthy if all electoral matters arising thereof from the conduct of elections are peacefully adjudicated upon and the actual winners pronounced by the Election Petition Tribunal or Appeal Court, before the swearing-in, adding that “this open ended period for electoral cases is not in tandem with modern practice of democracy and effective dispensation of Justice.”
In his own view, another legal practitioner and former legal adviser to the Peoples Democratic Party, South-South, Ken Babia said that there is an urgent need for the amendment of the 1999 constitution and the 2006 Electoral Act to allow election to hold much earlier than the present date of April, especially when the handover date is May 29.
Many learned counsels have also argued that unless elections are conducted earlier enough, it would be difficult for election petition tribunals to dispose of all election petitions before the new administration comes in. They advised that in line with democratic ethos and values, people who have been genuinely elected should be the people to start the tenure at the right time.
In other words, there is a consensus that the Electoral Act 2006 and the 1999 constitution be amended to give room for dispensation of justice and to ensure that the actual winners of elections are sworn into office on the actual date of handover.
The Wike That I Know
Several comments, interpretations, narratives and theories have greeted the recent letter written by Governor Nyesom Ezenwo Wike of Rivers State to President Muhammadu Buhari, expressing the sincere appreciation of the Rivers State Government and people to Mr. President, for approving the sum of N78.9 billion to the state, as refund of monies expended by the State on federal projects in the state.
Most of these responses have either been mischievous, absurd, totally misleading and some even trying to conjure and configure fabulist narratives, celebrating the mystique and magical influence of the power of money on the human psyche.
But the most remarkable of these is the one written by Femi Adesina, the Special Adviser to President Buhari on Media and Publicity, titled: WIKE VINDICATES BUHARISTS.
To be sure, Femi Adesina’s opinion on any topic immediately attracts considerable attention and commands tremendous weight, not just for the fact that he has been a seasoned journalist over the years, but indeed in recognition of his status as the Special Adviser to Mr. President Buhari on Media and Publicity; which makes him one of the recognized spokespersons of our President, whose views unequivocally represents the opinion of the Presidency in all matters.
It is therefore, in due cognizance of this latter responsibility and authority of his portfolio, that one must appreciate and commend Femi Adesina for his endorsement of Governor Nyesom Wike’s decision to thank President Buhari for approving the refund of N78.9 billion to Rivers State, and also the quite remarkable request for the President to oblige Rivers State with a State visit.
Of course, Femi Adesina’s admiration of Governor Nyesom Wike and his bold Thank You letter are embedded copiously in his article, though couched in the unerring profiling of the Rivers Governor in some lyrical passages and in some truculent, pro-Buhari obsessiveness in others.
The point needs to be made unambiguously, that the Rivers State Government, by way of emphasizing what Governor Wike rightly stated in the letter, appreciates the magnanimity of President Buhari,with profound gratitude and deep sincerity.
It was Aesop, the legendary Greek fabulist and writer of fables, who said that “Gratitude is the sign of noble souls.” There is certainly no doubt that one man who stands tall and proud, courageous and fearless with great nobility in today’s political space, is definitely Governor Nyesom Ezenwo Wike.
For instance, what Femi Adesina describes as “crying wolf” and “pontificating” is nothing more than the ability to say and do things which other people are too frightened or lily livered to say or do; what we refer to in Nigeria as “dying in silence. ”
What Mr. Adesina surely knows is that one virtue that Governor Wike possesses is courage. He has never hesitated to call anybody out including the President, his own party members and even multi-nationals operating in Rivers State, whenever the need arises and Adesina himself, has already agreed, by confessing to responding to some of these wolf cries in his write up, that these calls were necessary at the time they were made.
If Governor Wike’s courage to speak up when others are silent and cowering in fear, leads to the approval of the refund of the N78.9 billion which the Federal Government owes Rivers State, then the expression of gratitude that recognizes and appreciates such appropriate magnanimity is the highest form of nobility.
Like Mr. Femi Adesina rightly pointed out in his essay, the Federal Executive Council (FEC), chaired by President Buhari, approved the REFUND of N148 billion to five states in the country for repair of Federal roads, for which Rivers State got N78.9 billion. But that is not even half the story.
For the avoidance of doubt and to set the records straight, it will be germane at this juncture to tell the true story of the refund and set the records straight, as presented by the Minister of Information and Culture, Alhaji Lai Mohammed, once and for all.
Giving a background to the reimbursement, Lai Mohammed had explained that the decision was sequel to a huge bill sent to the federal government by the entire 36 states of the federation in 2016, seeking a refund of funds they expended on the repair of some federal roads in their respective states.
He said: “You will recall that in 2016, 36 states of the federation sent a very huge bill to the federal government, asking for compensation for money that they have expended on federal roads. This prompted Mr. President to set up a committee to go and verify the claims of these 36 states, whether indeed, these projects were actually constructed. Were they completed in line with the federal government standards?
“At the end of that exercise by an inter-ministerial committee, chaired by the Minister of Works and Housing which also had ministers of education, transportation (and immediate past Governor of Rivers State, Chibuike Rotimi Amaechi), minister of finance, minister of state for works, Director-General of the Bureau of Public Procurement (BPP) and permanent secretary, cabinet office as members, the committee recommended that the federal government should refund N550,364,297.31 billion to 31 of the 36 states, after they were convinced that, yes, indeed, the projects were completed and they were federal government roads.
“But the claims of five other states – Cross River, Rivers, Ondo, Bayelsa and Osun – failed on the grounds that they did not do proper documentation and the committee felt they needed proper documentation. So, the committee went back with new terms of reference to ensure that the claims of the five states were in order. That is why the BPP is on the committee.
“So, at the end of the exercise, the committee now reported that the five states – Cross River with 20 roads and one bridge will get a refund of N18,394,737,608.85; Ondo with six roads to get a refund of N7,822,147,577.08, and Osun with two roads and one bridge to get a refund of N2,468,938,876.78.
“Others are Bayelsa with five roads and one bridge to get a refund of N38,040,564,783.40 and Rivers with three roads and three flyover bridges is to get a refund of N78,953,067,518.29.”
From the above therefore, three important points stand out for particular interest and reference, viz:
1. The money is neither a generous loan gift or a desperate bailout package as people like Femi Adesina are shaping the narrative to sound, but a REFUND of monies already spent by Rivers State on Federal projects.
2. Rivers State was initially denied the refund until proper documentation was provided; a situation which many Rivers watchers will recall, prompted the Minister of Works, Babatunde Raji Fashola, to visit Rivers State in March this year.
3. Rivers State got the approval for the amount of refund simply because Rivers State did the most comprehensive, qualitative and enduring projects.
For record purposes, let us state clearly that President Buhari has the authority to visit any state he wants to in Nigeria, whether he is Invited or not. He is the father of the nation and Rivers State enjoys a candid, honest and robust relationship with the present Federal Government, especially the presidency.
On August 19, 2017, Governor Wike was among the dignitaries that welcomed President Buhari after 103 days in London where he received medical treatment for an undisclosed illness.
While naysayers were busy misinterpreting the gesture, Governor Wike explained that no sane person would not be happy that his sick President was back home.
Recall alsonthat Governor Wike was the first PDP Governor to congratulate President Buhari after his second term election victory was upheld by the Supreme Court in September last year. Indeed, the warm, cordial, respectful relationship between President Buhari and Governor Wike, captured in several widely circulated photographs, of the President’s visit to Rivers State to commission the international wing of the Port Harcourt international airport speaks volumes.
We need not also remind Mr. Adesina that as far back as February 2017, when Governor Wike was not even up to two years in Office, he had already been christened “Mr. Projects” by none other than the Vice President himself, Professor Yemi Osinbajo, who not only affirmed that Rivers State was an important state to Nigeria and the Federal Government, but has since endeared himself to Rivers State and Governor Wike.
This brings us nicely to the part of the letter where Governor Wike unequivocally appeals to President Buhari to honour Rivers State with a Presidential state visit and we ask Mr. Femi Adesina: ‘what is wrong with the Rivers State Governor inviting the President for a state visit. Is he not the Father of the nation again. Is Governor Wike not one of his children?
Considering the fact that the approval for the refund was also made for monies expended by Rivers State for Federal Projects, isn’t it equally apt that Governor Nyesom Wike should invite Mr. President to come and at least see the work for which the refund was made? Indeed, it will also provide Mr. President the grand opportunity to see first hand, the amazing and fantastic infrastructural wonders which Governor Wike is delivering in Rivers State. This is absolutely the right thing to do by a grateful recepient.
Governor Wike has aptly pointed out that the decision to thank Mr. President and the appeal to invite him for a state visit was not a personal one, but a collective decision taken by the State Executive Council, to assure Mr. President that all is well with Rivers State and Rivers people are quite happy with him for approving the refund.
Like Femi Adesina correctly noted in his article, the N78.9 billion cannot be the reason for Governor Wike’s thank you letter and invitation to Mr. President. According to him: “I don’t think so. Rivers is by no means a poor state. The amount is handsome, no doubt, but the state is oil rich, and can hold her own when it comes to finances. I don’t agree less with Adesina because Governor Wike does not speak from both sides of his mouth and does not play to the gallery. His moral upbringing makes him to speak the truth at all times not minding whose ox is gored.
Finally, it is important to commend Mr. Adesina for articulating and justifying the decision of Governor
Wike to thank Mr. President and invite him to Rivers State. There is absolutely no doubt, as he so succinctly pointed out, that millions of Buharists would have actually advised the President not to approve the refund to Rivers State, and while many of them are still wailing and bellyaching at the President’s magnanimity, the icing on the refund cake is the chagrin and consternation, which even Adesina admits, has greeted Governor Nyesom Wike’s letter in their camp.
While Rivers people will not complain that the money was actually reduced from the original amount and that it even took so long for President Buhari’s fairness and justice to touch Rivers State, while he has been fair and just to other states, we are all still very happy and grateful that this approval for refund has been made, finally.
Attempts by people like Adesina to make political capital out of the genuine stance of a statesman will not be bought by well-meaning Nigerians.
What makes Adesina’s grandstanding more worrisome is that he will never comment or let the world know how much the South-West States received as refund for federal projects executed in that part of the country.
Governor Wike’s letter of appreciation and appeal for a presidential state visit is thus a clear indication that what the people thought was lost has now been recovered. All is well that ends well and Rivers people are happy.
For the avoidance of doubt, the letter to Mr. President was delivered to Aso Rock, three weeks before it was published.
Governor Wike is not like Adesina who knows how to speak from both sides of his mouth. In 2008, he said this about the Chief of Staff to the President: “Gambari enslaved himself to please his paymasters. Now 13 years after, the shackles are still tied around his neck, threatening to asphyxiate him. What an eternal lesson for fawning bootlicking grovellers to learn. Old sins indeed have long shadows.”
Now that Gambari is Chief of Staff to the President, people have been asking if Adesina still sees Gambari’s sins’ shadows or he(Adesina) has turned to a bootlicking groveller?
There is no doubt that he is currently savouring the office of Special Adviser to the President on Media and Publicity as a compensation, having used his positions as former Editor-In-Chief of The Sun Newspapers and President of the Nigerian Guild of Editors to feather his own nest.
Adesina should be told that no amount of political mischief will turn Governor Wike from a hero to a villain in this matter.
The Wike that I know cannot be swayed by pecuniary interests. He will always stand for the truth and defend the interests of Rivers people.
Nsirim is the Commissioner for Information and Communications, Rivers State.
By Paulinus Nsirim
WIKE: Striving To Make Rivers State Safe
“Fundamentally, during the campaigns, we also promised to secure our State. No government is worth any value if it cannot guarantee the security of lives and property. I assure you that never for a moment will our administration be a captive of politics, when it comes to public security. We have the political will to fight, defeat crimes and criminality in Rivers State. There will be effective coordination, collaboration and synergy with the Federal Government, the law enforcement agencies and our community leaders in the prosecution of the war against cultism, kidnapping and armed robbery. We urge our people to fully co-operate with us in this direction.” – Nyesom Ezenwo Wike These were the words of Governor Nyesom Ezenwo Wike in his inaugural address to Rivers people on Friday, May 29, 2015, at the Yakubu Gowon Stadium ,Port Harcourt. Dispassionate analysts and Rivers watchers will agree that the Governor.
By Paulinus Nsirim
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