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Nigeria’s Electoral Woes

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Nigeria has learnt nothing from its long and chequered train of electoral woes. Nigeria has a very unusually queer habit of ignoring its historical antecedents and facing the future blindly having learnt nothing from her past mistakes.
The first major crises that nearly tore Western Nigeria into shreds with spillover effects to other parts of Nigeria was resultant from a mismanaged election. In fact apart from the 1993 Federal elections, Nigeria has not conducted any credible, free and fair elections. But instead of etching his name in letters of gold in the annals of Nigeria’s history, the then Head of State General Ibrahim Badamosi Babaginda cancelled the most successful and the most popular election in Africa and passed on the winner, Chief M.K.O Abiola to Gen. Sani Abacha to arrest, incarcerate and waste. General Babangida’s reason for cancelling the election then was that many of his top army Generals did not support the Presidency of Chief M.K.O Abiola. What rubbish, what nonsense.
Elections all over the world are always contested with so much gusto and enthusiasm. Let us use this example from the United States of America and even our neighbouring Ghana to show Nigeria the way forward. The American Presidential Election of November 7, 1876 is still till date one of the most disputed elections in American history especially in the States of Louisiana, South Carolina, Florida and Oregon. All over America, the Democratic candidate Samuel J. Tilden won by more than a million popular votes but this was overturned by the Electoral Board (which was controlled by the Republican Party) in favour of R. B Hayes. The 1876 Presidential election dispute gave rise to a crisis, the like of which the United States had never seen. Many Democrats who felt that they had been cheated threatened “Tilden or war”. Congressman Henry Watterson from Kentucky even declared that an army of 100, 000 men was prepared to storm Washington if “Tilden was denied the Presidency.”
Since the American Constitution then was not explicit enough on how to resolve disputes from Electoral colleges, the Senate and the House of Reps voted to establish a Federal Electoral Commission Bill to tackle the existing crisis. And on January 29, 1877, President UIysses S. Grant signed the Electoral commission bill into law. The 15 members of the commission were made up of five Democrats, five Republicans and five Supreme Court Judges. None was appointed by the President.
Despite great opposition from the Democrat-controlled House of the Representatives, the new Electoral Commission voting on party lines (eight Republicans, seven democrats) awarded all 20 disputed electoral votes to the Republican candidate and thus R. B Hayes was sworn in as America’s 19t and most disputed President on March 5,1877. Most bitter democrats later referred to Rutherford B. Hayes as “Rutherfraud” “His fraudulence” and “His Accidency”. An extensive incursion into the American example is to demonstrate man’s ingenuity and ability to conquer his environment and solve his problems as pronounced by God Almighty.
But by far the greatest electoral frauds and manipulations occur more rampantly in African countries. There is really no African country that has not tasted of this bitter pill of electoral violence and crises at one time or the other in its history. Togo, Uganda, Rwanda, Benin, Ethiopia, Zimbabwe, Kenya and the most guilty apart from Nigeria. On the other hand also, there are only few countries in the world without electoral violence and crises. But most of these countries have overcome their electoral crises by either constitutional amendments’ or electoral bills, Americans solved the 1876 debacle by amending their constitution in just four days because it was an emergency. In Africa, Ghana and South Africa have had the best record of credible elections for some time now.
The Electoral Commission of Ghana is the official body responsible for all public elections in Ghana. It was established by the Electoral Commission Act of 1993. The seven founding members including its Chairman, Dr. Kwadwo Afari-Gyan are all still serving their 16 year on the commission. The members are not political appointees neither are they appointed by the Ghanaian President. Their independence is guaranteed by the Ghana Constitution of 1992.
Dr. Afari-Gyan who was invited last week by the Nigerian Democratic Institute and the Nigerian National Assembly to educate them on the way out of Nigeria’s permanent Electoral logjams advised managements of electoral bodies in Africa to “imbibe” transparency and openness to ensure true democracy in Africa.” He chided African politicians for taking elections as a do-or-die affair and that this desperate quest for power at all cost has placed the Electoral Commission in Africa in a difficult position before, during and after the conduct of elections.
He also encouraged and appealed to Civil Society Organisations or NonGovernmental Organisations to actively support and ally with the Electoral Bodies all over Africa. Ghana has a credible electoral body because Ghana has been able to reduce her tolerance level for corruption to zero, while Nigeria’s corruption level still stands at about 95 per cent. Nigeria encourages, pampers and rewards its corrupt officials while Ghana jails any official or even minister who is found guilty of corruption. Today, without mincing words or being sentimental Ghana, is Africa’s best model for democracy and strong democratic institutions.
By far the greatest area of difference between Nigeria and Ghana is the conduct and management of credible elections. While Ghana’s last two elections have been excellent, Nigeria’s last two elections are the worst in the annals of Nigeria’s electoral history, and in Africa as a whole. Nigeria has a litany of electoral woes and unsettled electoral petitions arising from the May 2007 elections.
Governor Olusegun Mimiko of Ondo State was lucky he got back two years of his stolen mandate. The Action Congress gubernatorial candidate for Ekiti State, Dr. Kayode Fayerni is still challenging the incumbent governor before the Ado-Ekiti Election Petition Tribunal in the third year after the May 2007 election. Alhaji Rauf Aregbesola of Osun State has accused the incumbent governor of a stolen mandate and has given enough evidence to declare him the new governor of Osun State.
Hopefully the court will decide that. We all still remember how the Ekiti re-run election was rigged in the glare of television cameras. Comrade Adams Oshiornhole was lucky too; he got his stolen mandate from the avaricious People’s Democratic Party.
Various efforts to reverse electoral mismanagement and fraud have proved abortive as President Umaru Musa Yar Adua has bluntly refused to implement the Justice Uwais Electoral Reform Committee recommendations.
Nanaghan is editor’s guest

Ben Nanaghan

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Bonny-Bodo Road: FG Offers Additional N20bn, Targets December Deadline

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The Federal Government has agreed to offer additional N20.5 billion for the completion of the Bonny-Bodo road project in December.
The government, however, said if the construction company, Julius Berger, was not ready to accept the offer, the contract will be terminated.
Minister of Works, David Umahi, said this during a meeting with the Managing Director of Julius Berger, Lars Ritcher and members of Bodo-Bonny Road Peace Committee, on Wednesday in Abuja.
The reports that Julius Berger had requested asking for a N28 billion variation on the 82 per cent completed project.
The company hinged its request on the rise in exchange rate, construction materials, and diesel among others.
Umahi, however, said the government was willing to provide N20 billion out of the N28 billion that Julius Berger requested for.
According to him, the Bonny-Bodo road contract which was initially awarded at the cost of N120 billion in 2015, was later varied at N199 billion with a completion dateline of December 2023, which has since elapsed.
The Tide’s source recalls that in 2017, an agreement between the Federal Government, Nigeria Liquefied Natural Gas (NLNG) and Julus Berger on modalities for funding the project cost of N199.923 billion, without any further increase.
“If you do not accept the Federal Government’s offer by Friday and resume work on the site, the previously expired 14-day ultimatum for termination of project will be enforced.
“I want to let you know that we are the client. No contractor will dictate for this ministry, and there is no job that is compulsory that a particular contractor must do.
“We give you an offer. If you do not like the offer, you walk away. You don’t force us or we don’t force you.
“Agreement of contractual relationship is a mutual understanding,’’ the minister said.
Umahi said that had Julius Berger adhered to the project timetable, the project would have been completed on schedule before the impact of foreign exchange.
“Our position is very simple, we reject the conditions of Julius Berger totally and we ask Berger to please go back to the site to complete the project based on our offer.
“Our offer is unconditional and we say, accept or reject, so you cannot subject our offer to your conditions ,’’ he added
Umahi said the company should be humble in its dealings and exhibit solidarity during challenges.
Earlier, Richter had explained that the company suspended work on the site to seek some clarifications from the ministry.
According to him, the company asked for the augmemtation of N28 bilion because as at the time the contract was awarded the exchange rate was N305 to a dollar and diesel was N350 eor litre.
“We will still require some outstanding materials; that means that the initial agreement can’t fly because the variation of project is not sufficient and the exchange rate is also not in our favour to compensate the additional costs.
“That is why we decided to go back to our original proposal of the augmentation. Augmentation is a very normal process for all contracts,” the managing director said.
Chief Abel Attoni, Palace Secretary, Bonny Kingdom, expressed gratitude to President Bola Ahmed Tinubu over the decision to complete the Bodo-Bonny road project.
Attonu urged the parties to be patriotic and make the necessary sacrifice for the actualisation of the project.

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Court Vacates Arrest Warrant Against Ehie, Five Others

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The Federal High Court, sitting in Abuja, yesterday, set aside the warrant of arrest against Rt. Hon. Edison Ehie, the Chief of Staff, Government House, Rivers State, and five others.
Justice Emeka Nwite stated this while delivering his ruling in an application seeking to vacate the warrant of arrest which he issued on January 31, 2024.
The Judge said he was misled by the police in ordering the arrest of Ehie in connection with the burning of the Rivers State House of Assembly on October 30, 2023.
The Police, had told the court that Ehie and five others masterminded the bombing of the Rivers State House of Assembly amid a plot to impeach Rivers State Governor, Siminalayi Fubara.
The five others are Jinjiri Bala, Happy Benedict, Progress Joseph, Adokiye Oyagiri, and Chibuike Peter, alias Rambo.
Justice Emeka Nwite while setting aside the warrant said it has now become a mere academic exercise.
The judge further granted same to the 2nd to 5th Defendant/Applicant in same suit.
Femi Falana, SAN, and Oluwole Aladedoye, SAN, who appeared for the defendants in separate suits, held that the court lacked the jurisdiction to have granted the order.
While Falana filed a motion seeking an order to set aside the January 31 order by Justice Nwite, Aladedoye applied for a stay of execution of the arrest order.
In a motion marked: FHC/ABJ/CS/112/2024 dated February 2 and filed on February 7 by Falana, Ehie sought two orders, including “an order setting aside the order made on January 31 for want of jurisdiction.
“An order of this honourable court staying the execution of the order made on the 31st January 2024, pending the hearing and determination of this application.”
Giving six grounds of argument, Falana argued that the complainant had not filed any criminal charge or motion before the court.
The senior lawyer argued that the court lacked the territorial jurisdiction to entertain the ex-parte application as the alleged offences of conspiracy, attempted murder, murder and arson took place in Port Harcourt, the state capital.
“He submitted that the court lacked the vires to grant an application to arrest and declare his clients wanted in respect of the alleged offences.
“The complainant/respondent (IG) did not adduce evidence of terrorism in the affidavit in support of the application.
“The complainant/respondent did not cite any section of the Terrorism Prevention Act, 2013 (as amended) alleged to have been contravened by the applicants,” he argued.
Aladedoye in a motion on notice dated and filed February 9, on behalf of the five defendants, sought two orders, including
“an order staying execution or further execution of the order(s) of this honourable court made on the 31st of January, 2024, pending the hearing and determination of the appeal filed by the applicants.
“An order of injunction restraining the complainant from carrying out or further carrying out the orders of this honourable court made on the 31st January 2024, pending the hearing and determination of the appeal filed by the applicant in this case.”
Giving a three-ground argument, Aladedoye said that a notice of appeal had already been filed against Justice Nwite’s orders.
According to the senior lawyer, the notice of appeal contains grounds that challenge the jurisdiction of the honourable court.
The Inspector-General had, in a charge marked: FHC/ABJ/CR/25/2024, arraigned the defendants on a seven-count criminal charge bordering on terrorism and murder.

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13 Students Bag First Class, 182 PhD As IAUOE Graduates 5,550, Today

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The authorities of Ignatius Ajuru University of Education (IAUOE), Rumuolumeni, in Rivers State, have stated that 13 students will be graduating with first class while 182 graduands will bag Ph.D during the 42nd convocation ceremony of the university billed to hold today and tomorrow.
The Acting Vice Chancellor of the University, Prof. Okechuku Onuchuku, disclosed this during pre-convocation press briefing held in his office, yesterday, to unveil the programme for the convocation ceremony.
Onuchuku said that the 13 students were among the 4,653 graduands expected to graduate for the 2022/2023 academic session with first degree, while 897 students will be graduating with postgraduate degrees.
The Acting Vice Chancellor while giving the breakdown stated that 13 students made first class, 890 students bagged second class upper while 2,739 students had second class lower for first degree.
He further stated that 182 graduands bagged PhD, 667 got master’s degree and 48 got postgraduate diploma, adding that the convocation ceremony will hold today and tomorrow for first degree graduands and postgraduate graduands respectively.
He said that a total of 47 programmes out of the 54 programmes being undertaken at the first degree levels had been given full accreditation by the National University Commission (NUC) as well as all the programmes at the postgraduate school.
“We have ensured that our programmes both at the first degree and post graduates are in line with the NUC stipulated guidelines and speculations. We have also ensured that we are in line with both our academic and administrative policies,” he said.
Prof. Okechukwu urged the graduating students of the institution to always remember to use thier positions to help their alma mater as well as project the institution in a good image in the larger society.
“Try to ensure you finish any project you want to do, evaluate it first and avoid unfinished or abandoned projects. We will be graduating first degree graduands on Friday while Saturday will be for postgraduates, “he added.
Prof. Onuchukwu also said his administration had achieved a lot since he assumed office as Acting Vice Chancellor, stressing that his administration had improved on the welfare of the staff and the students.
“There are a lot of projects completed in the school; we have also given scholarship to some students and also encouraged departments to do same. We also impacted positively on our host communities”, he said.

Akujobi Amadi

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