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Previewing Nigeria’s New Democracy Day

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Since 1960, Nigeria has been on a faltering democratic journey. Some believe that the series of military intervention into the political landscape of the country, the first occurring barely six years after Independence, has dealt a big blow to democracy in the country, influencing democratic practices, maintenance of peace and tranquility and Nigeria’s democratic trajectory.
The democratic journey was truncated many times (1966 – 1979, 1979 – 1983, 1983 – 1985, 1985 – 1993, 1993 – 1999) but the journey continued in 1999 with the election of General Olusegun Obasanjo (rtd) as civilian president of the country heralding the current Fourth Republic. Remarkably, the military handed over to the newly elected leader on May 29, 1999.
The presidential elections of June 12, 1993 which was widely adjudged to be the fairest and freest election in the country’s history was annulled by the then leader of the military junta, General Ibrahim Babangida and the acclaimed winner, late Chief Moshood Abiola, was never declared. Rather, he was arrested and imprisoned for declaring himself the winner and subsequently died in prison.
It is now 22 years into the Fourth Republic and the journey is still sauntering. To commemorate the democratic election of Abiola, the federal administration of President Muhammadu Buhari had, in 2018, declared June 12 Nigeria’s new Democracy Day as against the former date of May 29, which marks the day the military handed over power to an elected civilian government in 1999, symbolising the beginning of the longest continuous civilian rule since Nigeria’s Independence from colonial rule in 1960, and ending the many decades of military rule in the country.
Buhari’s action was in recognition of the fact that Abiola actually won the 1993 presidential election and was therefore entitled to be seen as such, even if post-humously. The late Aare Onakakanfo of Yorubaland was also conferred with the national honour of Grand Commander of the Federal Republic (GCFR) in addition to having the national stadium in Abuja named after him.
The brief history is important in letting us know how the journey started and how it has been. But most importantly, it should help us assess the success of the movement so far and chart a way forward.  To do so, we may need to ask the basic question, ”What is Democracy?” Of course, there are millions of answers to the question but I like the definition by an American Sociologist, Larry Diamond. He described democracy as a system of government with four key elements: i) A system for choosing and replacing the government through free and fair elections; ii) Active participation of the people, as citizens, in politics and civic life; iii) Protection of the human rights of all citizens; and iv) A rule of law in which the laws and procedures apply equally to all citizens.
Can we comfortably say that these key elements can be found in the democratic practice in Nigeria? Can elections in the country be considered to be free and fair?  How about the killings, shootings, ballot box snatching, rigging and other crimes associated with elections in the country? In a truly democratic nation, the citizens participate in the election process, convinced that their votes will count and that, through the ballot, the necessary changes will be made in the society. Is that the case with Nigeria?
Another feature of democracy, according to Diamond, is protection of human rights of all citizens. Chapter five of the 1999 Constitution of Nigeria deals with the fundamental human rights of citizens vis a vis the right to life, right to dignity of human person, right to freedom of expression and the Press, right to peaceful assembly, right to freedom of movement and many more. Are Nigerian citizens enjoying these rights? Last year, some Nigerian youth organised a protest against police brutality and other ills in the land. The #EndSARS protest was peaceful until the government allegedly infiltrated the groups with political thugs, leading to violence, massive destruction, looting, killing and many more.
 A similar scenario played out a few weeks ago in Kaduna State during the just-suspended Labour strike. The workers embarking on a legitimate protest over some scores they have to settle with the state government were seen being stoned by miscreants allegedly hired by the government all in a bid to shut the people up and put an end to the protest. The president of the Nigeria Labour Congress, Ayuba Waba, was even declared wanted by the Kaduna State Government. What about the ongoing feud between the social media giant, Twitter and the federal government which resulted in the ban of the microblogging platform in the country irrespective of the effect of such action on the citizens?
The issue of the protection of lives and properties of the citizens is also a big one. Human lives don’t seem to matter anymore in the country. People are being killed every day by bandits, killer herdsmen, unknown gunmen in different parts of the country, yet all the tiers of government whose primary responsibility is to protect the lives of the citizens appear helpless. Politics and other selfish interests seem more important to them than the safety and welfare of the people.
The issue of rule of law is a no-go area because, in Nigeria, it appears there is a set of rules for some people and another set for the rest people. Some have argued that the principle of rule of law, equality before the law, and separation has taken the back stage in the country. And I think this argument has some merit especially in view of the recent happenings in the country – the invasion of homes of judges, those in authority choosing the court ruling to obey and follow, the age-long denial of financial autonomy to the Judiciary which is the crux of the matter in the on-going judiciary workers strike and many more.
The truth is that democracy in the country which is currently under a serious threat can only be saved and entrenched when we as a people and government in Nigeria deliberately strive to adhere to the tenets of the popular government. The United States of America and other exemplary democratic countries in the world did not get to where they are today if rule of law and other principles that make democratic government tick and gratifying were jettisoned.
Suffice it to say that as Diamond’s definition of democracy indicates, the citizens have a big role to play in a democracy. They are expected to participate actively in politics and civil life. As citizens, we cannot continue to sit on the fence and allow a handful of people to determine our fate. The media, civil societies groups, various arms of government, academic institutions, trade unions, the youth, students, faith-based and traditional institutions all have roles to play in making our fragile democracy strong. Most importantly, we have to carry out our obligations as citizens. As John Kay admonished, “The people who own the country ought to govern it”.
Also Fernando Cardoso posits, “Democracy is not just a question of having a vote. It consists of strengthening each citizen’s possibility and capacity to participate in the deliberations involved in life in society”. 
Over the years, Democracy Day had been dominated by events marking the inauguration of the President and state governors during which they recount their yearly milestone achievements. Other than lectures, talk shows and street processions by pro-democracy groups which are often very few and far between, there is hardly anything in the form of celebrating attainments in democratic governance.
Being the first time the Day will be celebrated separate from the May 29 Inauguration Day, it is expected that more colour will be added to the occasion. But again, that is if the current security situation and the attendant movement restrictions in many parts of Nigeria permit.

By: Calista Ezeaku

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Obi Visits Atiku In Abuja Amidst 2027 Speculations

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The Labour Party’s (LP) presidential candidate in the 2023 presidential election, Mr Peter Obi, has visited his Peoples Democratic Party (PDP) counterpart, Alhaji Atiku Abubakar, in a surprise move that may not be unconnected with the 2027 presidential poll.
Alhaji Abubakar, a former Vice President, announced Mr Obi’s visit in a tweet on Monday afternoon,
“It was my honour and privilege to host @Peter Obi today. – AA,” the post read, with a photo of both men exchanging a handshake.
Although Alhaji Abubabar did not reveal the details of their meeting, insider sources close to the candidates told The Tide source that the meeting, which lasted about one hour, was about a merger towards the 2027 election.
The sources also disclosed that Mr Obi initially met with Jigawa State former Governor and PDP chieftain, Sule Lamido, in Abuja before his private meeting with Alhaji Abubakar.
Before Mr Obi visited the opposition PDP leader, there were speculations that the duo may be plotting to form an alliance to unseat President Bola Tinubu in the 2027 presidential election.
Mr Obi was previously in the PDP, where he joined Alhaji Abubakar and served as his running mate in 2019. However, in the build-up to the 2023 election, he defected to the LP, where he contested the presidential race.
Mr Obi and Alhaji Abubakar lost their presidential bids to Bola Tinubu, the All Progressives Congress (APC) candidate.

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Assembly Crisis: Court Strikes Out Suit As LP Withdraws Petition Against INEC

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A Federal High Court in Abuja on Monday struck out a suit filed by the Labour Party (LP) seeking an order compelling INEC to conduct a fresh election in the Rivers State House of Assembly to fill the seats of the defected lawmakers.
Justice James Omotosho struck out the suit after counsel for the party, F. I. Adariku, applied to withdraw the suit.
In the suit, the LP had sought the order of the court to compel the commission to conduct a fresh election to fill the seats of the lawmakers who defected from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC).
But INEC, through its lawyer, Victor Giwa, disagreed with the LP.
Giwa, in a preliminary objection filed on INEC’s behalf, prayed the court to dismiss the suit for being frivolous and incompetent.
According to the lawyer, the suit is an abuse of court process.
He urged the court to decline jurisdiction in the case as the plaintiff (LP) lacked the locus standi and territorial jurisdiction to institute the action.
Giwa, a human rights activist, argued that there was a pending case currently ongoing at a Federal High Court, Port Harcourt judicial division, with suit number: FHC/PH/CS/25/2024 before Justice E.A Obile.
He said the Port Harcourt suit had same parties and concerned same subject matter which was filed earlier before the instant suit in February.
However, after INEC filed its objection, the LP approached the court to withdraw the suit.
Adariku, who held the brief of Kehinde Edun, the party’s national legal adviser, sought to withdraw the suit, praying the court to strike it out.
A. S. Adisa, who held the brief of Giwa, did not oppose the application.
“It is hereby ordered as follows: that this matter having been withdrawn is hereby struck out.
“That the cost of 50,000.00 (Fifty Thousand Naira) is awarded against the plaintiff in favour of the 29th defendant (INEC),” Justice Omotosho declared.
The Tide source reports that other defendants in the suit were Gov. Siminalayi Fubara, Dumle Maol, Major Jack, Franklin Uchenna Nwabochi, Christopher Ofiks, Azeru Opara, and Enemi George.
It also included Granvill Wellington, Ngbar Bernard, John Iderima, Queen Uwuma Williams, Loolo Opuende and Abbey Peter.
Others are Igwe – Obey Aforii, Justina Emeji, Ignatius Onwuka, Hon. Chimezie Nwankwo, Lemchi Prince Nyeche, Barile Nwakoh, Emilia Amadi, Nkemjika Ezekwe, Davios Oxobiriari, Nwankwo Sylvanus, Gerald Oforii and Wami Solomon.

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Tribunal Reserves Judgment In Kogi Gov’ship Election Case

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The Kogi State Governor ship Election Petition Tribunal, sitting in Abuja, on Monday, reserved judgment in the petition filed by the Social Democratic Party (SDP) and its governorship candidate, Murtala Ajaka, against the election victory of Governor Usman Ododo.
At Monday’s proceedings, Ajaka’s lawyer, Pius Akubo, urged the tribunal to set aside the respondents’ submissions and uphold theirs.
Meanwhile, the Independent National Electoral Commission (INEC), through its lawyer, Kanu Agabi, told the court that their final written address was dated and filed on May 2 as he prayed the tribunal sitting to dismiss Ajaka’s petition.
Likewise, the All Progressives Congress (APC) and Governor Ododo asked the tribunal to dismiss Ajaka’s petition in its entirety for being incompetent and lacking in merit.
Counsel to the respondents, Agabi, Joseph Daudu, and Emmanuel Ukala, while adopting their final written addresses and presenting their arguments against the petitioners, prayed the three-member panel of Justices, led by Justice Ado Birnin-Kudu to dismiss the petition.
Agabi contended that the Appeal Court had decided that if the grounds of a petition are inconsistent with one another and are not consistent with the reliefs, it should be struck out.
He also argued that the evidence of the petitioners were grossly insufficient, citing a Supreme Court decision in a case of Tonye Cole against INEC.
“It is our humble submission that your work in the determination of this petition is simplified in recent judgments by the Court of Appeal and Supreme Court.
“It is to the effect that once the evidence called is grossly insufficient, there is no evidence. In that case, the petitioner filed 305 witness depositions but only adopted 40 of them.
“The petitioner, according to the decision, only adopted about 13.1 per cent of the witness depositions. In this case, the depositions adopted represent just about 3.6 per cent of their witness depositions,” he said.
He said the petitioners only called 25 witnesses out of the scores listed.
Agabi, said in the mathematical calculation of evidence, 3.6 per cent of Ajaka’s witness deposition adopted in the petition amounted to a failure and therefore, ought to be dismissed.
He said the petitioners equally failed to file the witness deposition beforehand in contravention of the Supreme Court’s decision in Obungado’s case.
He argued that the petitioners’ witness who testified about the Bimodal Voter Accreditation System (BVAS) machines, clearly stated that he could not guarantee whether those were the BVAS used.
Governor Ododo’s legal representation, Daudu, while adopting his final written address dated and filed on May 1, argued that the petition was statute-barred (filed out of time).
He argued that the action of the petitioners was against Section 122(1) and (2)(a) of the Evidence Act, which empowers the tribunal to take judicial notice of the time of filing, service and response.
Although he clarified that the petitioners responded to their service, Akubo objected to Daudu’s citing of the section describing it as a fresh argument.
Daudu, in response, disagreed with Akubo that he was raising fresh issues after a final written address had been filed.
He said if the court found merit in his argument, Akubo had the right to respond because it bordered on issues of remittal procedure.
He also urged the tribunal to dismiss the allegations of forgery against his client, saying it bordered on a pre-election matter, which the apex court had decided in Gbagi’s case against INEC.
Daudu also argued that Section 137 of the Electoral Act cited by the petitioners on allegations of over-voting did not apply in the instant petition.
Similarly, Ukala, who represented APC, urged the court to dismiss SDP and Ajaka’s petition for lacking in merit while he adopted all the processes.
He informed the court that their final written address, dated April 30 was filed same date.
The petitioners’ lawyer, Akubo, told the tribunal that their final written address was dated and filed May 6 adding that their petition was not filed out of time.
He argued that the respondents themselves confirmed that the petition was filed on December 2, 2023, even by their own witness.
“I urge your lordship to hold that we filed this petition within time under our law,” he said.
After taking arguments from all parties, Justice Birnin-Kudu reserved judgment in the petition.
He announced that a date for judgment would be communicated to the parties.
Recall that the tribunal had, on April 25, fixed Monday, May 13, for the adoption of final written addresses after the parties closed their case in the matter.
SDP and Ajaka had approached the tribunal to challenge Governor Ododo’s victory in the Nov. 11, 2023, Kogi governorship election.
In the petition, INEC, Ododo and APC are listed as 1st to 3rd respondents respectively.

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