Politics
In Search Of Solution To Nigeria’s Electoral Problems
Recently the Senate annual retreat ended in Enugu with issues bordering on the proposed constitutional and electoral reform taking centre stage. Apart from using the brimming opportunity afforded by the retreat to reminiscence on their activities in the preceding year, the Senate also uses the forum to search for functional electoral system.
Also, late last month the launching of the Face of a Nation: Democracy in Nigeria, Foreign Relations and National Image at the Nigerian Institute of International Affairs (NIIA) in Lagos opened another window for Nigerians to chart a new course for the nation’s problematic electoral system. The current efforts at reforming the nation’s electoral system formed major part of the discussion.
President Umaru Musa Yar’Adua declared the readiness of his administration to provide the necessary support for the National Assembly in the ongoing process to amend the constitution and the Electoral Act preparatory to 2011 election insisting that once the process was effectively completed, it would go a long way in checking the myriads of social ills bedeviling the country.
He noted that once the issue of election was addressed, every other thing would fall in place, adding that since the people were very eager to be counted in the process of governance, getting their confidence had become paramount.
The President of the Senate, Senator David Mark stated that the Senate had a number of significant bills before it for consideration, noting that one of the most pressing issues has been that of electoral review. According to him, the major issue before the Senate and as the elected representatives of the people was how to provide the nation with an enduring electoral system, true representation of the wishes and aspirations of the people of Nigeria.
He made it clear that transparent, free and fair elections bestow legitimacy on leadership and create the vital link between government and people. In his words: “We cannot overemphasise the need for a well articulated and functional electoral system that meets all standards of creditability, acceptability, goodwill, fairness and justice”. Basically, as it were Mark then took on those calling for the removal of the chairman of the Independent National Electoral Commission (INEC), Prof. Maurice Iwu, as panacea to the problems plaguing the nation’s electoral system as only trivialising an important national issue. He said that removing the chief electoral officer should not be the utmost importance at this point, but that efforts should be made to ensure that the on-going review of the electoral process be conclude before next general election.
The Senate President stated that the theme of the retreat “legislating for an Enduring Electoral System in Nigeria” was apt as it has come at a time when the Nation is working assiduously to catch up with other developed democracies of the world by ensuring that the process that throw up a transparent electoral process is entrenched. Admittedly he said, “there is room for improvement in our electoral system and I also admit that there is need for reform in our system. But may I quickly add that our process is certainly not the worst in the world as some self-styled political analysts would want to believe and let me say further and more emphatically this time that the removal of Prof. Maurice Iwu is not the review or reform of our electoral process. Removal of Iwu is not synonymous with electoral reform or review. Those calling for the removal of Iwu as the first step are trivializing a very serious national issue.
“There are some people who however, are of the opinion that the electoral system in Nigeria has progressively posed problems since our Independence. What is before us now, is to see how best we can reverse this trend and opinion so as to ensure that subsequent elections, there is less rancour, acrimony and disagreement.
And also as Nigeria has been at the forefront of championing democratic processes, regionally in West Africa and on the continent, we cannot afford to fail.”
Mark also emphasised the need for an enduring electoral system in order to sustain democracy and for Nigeria to play her role in the international arena, where many countries look up to the country for support and leadership.
Prof. Bolaji Akinyemi who presided at the launching of the Face of a nation. Democracy in Nigeria, set the ball rolling by drawing attention to some issues in the electoral reform and the need for the elected National Assembly members to ensure the completion of the electoral process before 2011 elections.
He also made comparison between option A4 and open-secret ballot system, insisting that the latter is the best system for the electoral system in the country.
There is now a consensus that it is the better part of wisdom for the National Assembly to concentrate on just electoral reform than lump them with constitutional reforms.
According to him, 2011 is too critical for the survival of this country for us to miss the opportunity to put a credible electoral system in place, at least, a year before the actual elections starts. Therefore, he appealed to the National Assembly to forgo the exercise of a wholesale revision of the 1999 constitution and concentrate on the various electoral reform bills before it.
Secondly, he noted we need to be careful that the solution which we propose will not do more damage than good.
Let me say with all the emphasis at my command that option A4 is not the solution. It is inappropriate and inapplicable. The historical facts are that option A4 was used for party primaries was that contests started at ward level and state level before the national level. So much has been said about voters queuing behind pictures of candidates. It did not happen all over the country. The common feature in all the elections was the use of the open-secret system, where ballots are marked secretly but cast openly, is the best system. That is what we should be emphasising and advocating. The use of the open secret system, where ballots are marked secretly but cast openly, is the best system”.
Former Senate President Senator Ken Nnamani, in his own presentation submitted that every development starts from the ballot box, not necessarily election, even as he admitted that the 2006 Electoral Act passed under his leadership in the Senate omitted certain things that would have helped the electoral process in the country.
He listed four things that National Assembly should endeavour to include in the electoral reform namely: Appointment of the chairman of the electoral body not be done by a sitting executive recommended by the Justice Mohammed Uwais-led Electoral Reform Committee, no candidate must be declared winner until all judicial interventions have been concluded, onus of proof should be on the candidate not the electoral management body and the Independent National Electoral Commission should be autonomous.
Nnamani appealed to the National Assembly to conclude everything on the electoral reform before 2011 election, adding that the Electoral Act is not the problem but the inability to apply it properly by the relevant institutions entrusted by law with such power.
Noting that the electoral process would be better if things are done accordingly.
Our problem is not electoral reform, our biggest problem is the lack of free and fair election in the country.
Politics
NBA Blames Political Actors’ Selfishness For Rivers Crisis
The president made the assertion on Wednesday in Abuja during a news conference organised by the association ahead of the NBA Section on Legal Practice’s (NBA-SLP) annual conference.
According to Mr Osigwe, the problem in Rivers State was caused by the ego of the principal actors in refusing to sit down to find a solution that works for the people of Rivers.
“Blaming the Supreme Court or any other body will not solve the problem. If the actors had placed Rivers above their own personal interests and cared about the security and welfare of the people, we would not be where we are. It became an ego fight and an issue of who wins. So, ego is at the base of the problem in Rivers and not the Supreme Court.
“People get judgements from the court and still decide to go for an amicable solution, so it is not the judgement of the Supreme Court but the principal actors that are to be blamed,’’ Mr Osigwe said.
He added that while the NBA was not in a legal argument with the president, the association was of the view that some of the actions taken might not be supported by the constitution.
“We are of the opinion that Section 305 of the 1999 Constitution cannot be read in isolation from Section 11 of the same constitution. There have been killings in many states in Nigeria and much more breakdown of law and order than we have seen in Rivers but no state of emergency was declared in those states. We are of the view that the problem in Rivers can be solved by the principal actors swallowing their egos and putting the welfare and security of the people of Rivers above their personal interests.
“This declaration may not solve the problem in Rivers and it worries me that an administrator can be appointed and worse still, a retired military officer to administer the state. It is unconstitutional and should not be supported because we may be setting a dangerous precedence,’’ Mr Osigwe said.
Earlier, the Chairman of the Conference Planning Committee, Paul Harris Ogbole, (SAN), said that the theme for the 2025 NBA-SLP Conference was “Uncommon challenges in a rapidly changing legal environment.’’
Mr Ogbole said the conference aimed to explore the contemporary challenges evolving in the legal environment.
He said they would also explore the impact of global interconnectedness on legal systems, the growing demand for specialised legal services and provide insights into navigating the legal frontiers.
The conference will also highlight great opportunities for legal practitioners including the development of legal technological solutions, the expansion of alternative dispute resolution mechanisms and the increasing focus on access to justice and legal empowerment.
The conference will hold in Jos from April 24 to April 27.
Politics
Rivers Elders Speak Against Emergency Rule
The president also cited the destruction of pipelines by suspected militants as a contributing factor to the declaration.
However, Anabs Sara-Igbe, a chieftain of the Pan Niger Delta Forum, disagreed with the president’s action on the emergency rule.
He stated that all avenues for mediation should have been exhausted before resorting to an emergency rule.
“President Tinubu’s invocation of Section 305 of the Nigerian Constitution at this time is inappropriate. The president claims to have declared a state of emergency to restore peace, but the real question is: why is the FCT minister Nyesom Wike, the key figure in the crisis, not suspended?”, he queried.
Chief Sara-Igbe said the president’s suspension of Rivers’ elected officials from office was unconstitutional.
“Unlike in Sokoto, Borno, and other northern states, there is no war or loss of lives in Rivers that warrants the declaration of emergency rule in a peaceful state,’’ Chief Sara-Igbe explained.
He, however, accused the president of not being sincere with the people of Rivers State and had taken sides in the crisis through his actions and comments.
Ann-Kio Briggs, a prominent environmental and human rights activist, also decried President Tinubu’s justification for the emergency declaration, particularly his claim that Gov Fubara failed to brief him or condemn the pipeline explosions.
She stated that Gov Fubara had, on multiple occasions, informed the president of developments in the state.
“On March 11, PANDEF met with the president to brief him and seek his intervention; the group had also made efforts to mediate peace between Fubara and Wike,” Ms Briggs said, adding, “So, for President Tinubu to give the impression that no efforts were made to resolve the crises is misleading.”
Ms Briggs said the president’s reference to pipeline attacks as a basis for the state emergency was not convincing since pipelines had been vandalised for decades in Niger Delta without such drastic measures being taken.
She acknowledged that while the president had the power to declare a state of emergency, he did not have the constitutional authority to suspend an elected governor.
“This decision is hasty, rash, and premeditated, posing a grave threat to the people of the state; it is a targeted plot against Governor Fubara. It is unacceptable,” Ms Briggs added.
She also referenced Chief Wike’s past remarks on TV, where he allegedly claimed to have the capacity to sabotage pipelines, and questioned why the minister was not suspended.
“Why wasn’t the minister suspended, considering he is a major player in the crises and the one the 27 lawmakers take instructions from?” Ms Briggs noted.
Tonye Cole, the APC governorship candidate in the 2023 Rivers election, blamed all political actors involved.
“Today is a dark day in Rivers politics; the president had no choice but to step in to address the situation. I believe the president made some attempts to resolve the issues, but he did not push hard enough to bring the matter to a peaceful conclusion,” Mr Cole said.
Politics
Reps Clash Ahead Rivers Emergency Rule Debate
The Tide source reports that two female members shouted at each other over the political crisis in the South-South State.
The two female lawmakers, Marie Ebikake (PDP, Bayelsa) and Blessing Amadi (PDP, Rivers), engaged in a shouting match on the constitutionality of the President’s decision to declare a state of emergency in Rivers State.
This happened before the commencement of the plenary.
It took the intervention of other lawmakers in the chamber to prevent the issue from snowballing into an uncontrollable situation.
Recall that President Bola Tinubu on Tuesday declared a state of emergency in Rivers State following the prolonged political crisis in the state.
The president also suspended Governor Siminalayi Fubara, his deputy, Ngozi Odu, and members of the state assembly for six months.
President Tinubu also nominated a former Chief Of Naval Staff, Vice-Admiral Ibok-Ete Ibas (retd), to administer the state.
Reacting, the spokesperson of the House of Representatives, Akin Rotimi, said President Tinubu informed the national assembly through a letter before the emergency proclamation.
Hon. Rotimi added that President Tinubu’s letter informing the House of his decision and seeking approval on the state of emergency in Rivers in line with section 305 of the Constitution had been transmitted to the green chamber and would be read during plenary on Wednesday for further legislative action.
He said President Tinubu met with the leadership of both chambers, and the National Security Adviser and Service Chiefs before the broadcast.