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… Restore Elected Governor And Legislature In Rivers State
By Courage Nsirimovu
Nigeria’s democratic problem started from the ballots at various elections, especially the June 12, 1993 Election which was conducted by the use of OPTION A4 (OPEN BALLOTING SYSTEM) voting system wherein Sir M.K.O Abiola won the elections but was denied access to the presidency by Ibrahim Badamosi Babangida and his co-dictators and associates.
*32 years after the June 12 1993 presidential election, former military president General Ibrahim Babangida admitted that Chief Moshood Abiola of the Social Democratic Party won the election. In his newly launched autobiography ‘A Journey in Service,’ IBB revealed that the annulment of the election was orchestrated by forces within his administration. While accepting full responsibility for the annulment, Babangida stated that “Abiola clearly won the June 12 Election,” and met all the constitutional requirements to be declared President. He admitted the truth and apologized to Nigerians.*
Subsequent elections have been challenged as rigged including the just concluded 2023 Presidential Elections wherein many believed that Peter Obi won in Rivers State and some other states. Allegations are strong and popular that the results were altered to favor President Bola Ahmed Tinubu.
Democracy is a government by the people and the people can only exercise this power when their votes begin to count. It is no longer democracy, when one man in Rivers State or else where can determine who becomes Governor, House of Assembly member etc.
It is the humble view of Pilex Centre, that as long as Politicians continue to determine who rules the people, the people will continue to be slaves in a captured polity.
Fueled by greed and lust for power, politicians will continue to manipulate the system to grab power through weak and dependent institutions like the Legislature, Judiciary, “Independent “ National Electoral Commission (INEC), Economic and Financial Crimes Commission (EFCC) etc.
Another tool in the hands of the Politicians against the people is weak laws and policies that they can easily circumvent through the use of their allies in weak dependent organizations like INEC.
Section 60 (5) of the Electoral Act is a major example of a provision of law that gives the politicians allowance to manipulate the electoral system.
**Pilex Centre calls on the National Assembly to immediately amend S. 60 (5) of the Electoral Act to read “ Results from polling units shall be transferred to the INEC/IREV Server immediately after declaration of same at the polling unit”. The National Assembly should wake up to its democratic responsibility to act for the people and not for the executive alone.*
As long as the democratic system of checks and balances through the various arms and agencies of government no longer works, the executive will continue to rule Nigerians (as slaves) with impunity.
From the foregoing, Pilex Centre believes that the major democratic problems of Nigeria are;
1. WEAK AND PARTIAL ELECTORAL SYSTEM
2. IMPUNITY
3. CORRUPTION
4. WEAK INSTITUTIONS
5. DOCILE CITIZENS
WHAT CAN WE DO
1. We need to consciously amend our Electoral Act, especially S. 60 (5) to expunge the words “as prescribed by the Commission”. The transfer of Electoral Results from the Polling Unit to the server must be mandatory in order to cut off the shenanigans from changing the results before collation. Electoral fraud is Nigeria is mostly done between close of polls and collation of results. This is one of many reforms needed in the sector to tackle the malpractices of politicians and their thugs.
2. We will treat number 2, 3,4 and 5 at the same time because, the cure for number 4 will deal with the solution for number 2,3 and 5.
The declaration of state of Emergency in Rivers State is a clear case of impunity and executive rascality. Impunity is when a person believes that he is above the law and as such, even when he breaks the law, nothing will happen. Impunity is carried out by those who believe they have immunity. The careless declaration of emergency rule and removal of an elected governor is impunity. The action of the President in insisting that the Emergency rule takes immediate effect and his removal of the elected Governor of Rivers State is a clear case of GROSS MISCONDUCT.
*The Supreme Court of Nigeria has ruled that the declaration of state of emergency does not give the president power to remove elected officials . See A.G Federation v A.G Lagos State (2004)*
However, when you have weak institutions like the Legislature, Judiciary etc, the system cannot check the excesses of the President as it should be in a democracy, rather you hear the legislature bowing and singing in worship to the President “on your mandate, we shall stand”. This show of shame is a reflection of failure of democratic institutions to stand up to its responsibility. The Judiciary (Supreme Court) ought to have granted expedited hearing in the suit brought by the Governors of Adamawa, Bauchi, Plateau, Enugu, Bayelsa and Ogun states v A.G Federation. However, the last hope of the common man is no longer the Judiciary. Civil Society Organizations have to rise up to this responsibility of checks.
As such, Pilex Centre For Civic Education together with CONCERNED CIVIL SOCIETY COALITION, calls on President Bola Ahmed Tinubu to restore the Governor of Rivers State and elected representatives of the people as a responsible democratic action to mark the democracy day and forthwith, work to fully restore democracy in Nigeria which he also fought for.
When you hear a Judge say that “the Federal Government has interest in this matter, it is an order from above and my hands are tied.” It tells you that, not only the legislature is weak and captured, the judiciary is also weak and captured.
We must liberate and strengthen these democratic institutions, including EFCC and INEC to be truly independent in-order to kill impunity, corruption, electoral malpractices etc.
We the people, can only start the process of strengthening our weak institutions when we actively participate in this process for change. It starts by;
a. Insisting on electoral reforms to ensure that our votes count
b. Engaging aspirants with request to strengthen our institutions in return for second term votes.
c. Demanding performance when they get into power
d. Recalling those who fail to keep to the agreement with the people
e. Setting up a National, State and Local Governments Development Plan of 50-100 years and demanding milestone actions from each government with the resources available for development.
f. Consistent demand for accountability from the Executive, Legislature, Judiciary and other arms of Government.
**Finally, Pilex Centre calls on Nigerian Citizens to wake up and begin the strategic process of taking back democratic powers from few politicians especially our power to decide who leads us through credible free and fair elections wherein our votes actually count.*
Courage Nsirimovu Esq is Coordinator, PILEX Centre – The Peoples Advocates
