By Ebun-Olu Adegboruwa, SAN
Last year, some leaders of thought advocated for military rule in
Nigeria, apparently due to a sense of frustration with the seeming
collapse of civilian authority.
Nigerians flatly rejected that call without apology. We have gone
too far in the journey of democracy to even think of any other option.
Any form of military governance in Nigeria is gone and gone for good.
And this is why commendation must go to our gallant officers in the
military and all our security personnel who are daily sacrificing their
lives to defend the territorial integrity of Nigeria in the lawful
discharge of their constitutional roles.
It would seem that those who muted the suggestion of military
takeover saw ahead of the 2023 general elections, notwithstanding the
fact that their poisoned option would have led us to greater doom.
From the reports of election observers, over 100 persons died in
connection with the 2023 elections, some others were brutalized,
intimidated, harassed and browbeaten into hiding and denied their right
of choice.
The Independent National Electoral Commission, (INEC) witnessed an
uncommon upsurge in litigation arising from election disputes such that
it has now budgeted about N3B as legal fees for this purpose.
This probably must have led to the emergence of the new apostles of
dictatorship who are now canvassing for an interim government.
These advocates are campaigning for fascism in simple terms. Their
reason may be due to the deep-seated frustrations occasioned by the
seeming cluelessness of civilian leadership since 1999, when we returned
to democratic rule.
Some of the people rooting for interim government are well
advanced, knowledgeable and indeed well-grounded in democratic ethos
that it challenges one’s sense of rationality to determine how they got
to this point.
When the practitioners of law and advocates of due process, sit
down to preach anarchy and disorder, when those who have profited from
the rule of law and democracy disown the very process that made them,
when those who have suffered the brunt of dictatorship most now
transform themselves into its mouthpiece, then we should get scared as a
nation, knowing that something serious is evidently and ominously
amiss.
I had prayed that a time like this would never come to pass in
Nigeria, but here we are, faced with the campaigners of interim
government, who do so with all sense of conviction, desecrating the
hallowed altar of the rule of law and constitutional democracy. As
stated earlier, this call may have been birthed by some of the ugly
events that characterized the 2023 elections. Should this be a reason to
canvas anarchy and dictatorship? I think not.
Those calling for an interim government want all lawfully-elected
representatives of the people to abdicate power in order to allow
unelected people take over the reins of government.
I then began to ask some questions. Are the interim government
advocates not aware of section 1 (2) of the Constitution that says thus:
“the Federal Republic of Nigeria shall not be governed, nor shall any
person or group of persons take control of the Government of Nigeria or
any part thereof, except in accordance with the provisions of this
Constitution.”
So, where did they get this idea of Nigeria under unelected
leaders? What do we do with the Constitution? Suspend it and destroy the
entity called Nigeria? What will be the foundation for the legitimacy
of the selective contraption that they want to impose upon us?
Are they not aware that section 3 (1) of the same Constitution
states that “there shall be thirty-six States in Nigeria”? How did we
get here really? Have the proponents of interim government not read
section 2 (2) of the Constitution that: “Nigeria shall be a Federation
consisting of States and a Federal Capital Territory”? For this idea to
have sprung up at all, then surely our civilian leaders must have messed
up the political atmosphere so badly that they don’t deserve to be
trusted with power again. We must blame the politicians, as they have
had close to three decades to put their houses in order since the
military was chased out of power in 1999.
Things have gotten worse since then, as we are more divided now
than we ever were, we are more concerned about our ethnic loyalties than
ever before and we have more religious tendencies than it used to be.
We can’t even talk about how corruption has eaten so deep into our
national life, such that nowadays, snakes do swallow cash and septic
tanks have become storage places for dollars.
The rate of youth unemployment is higher than before, inflation is
climbing at an alarming rate and basic infrastructure practically does
not exist, in confirmation of any form of leadership.
Our collective experiences with the various military regimes of the
past have been very bitter, comprising inconsistent policies, wanton
illegality, monumental corruption, arbitrary legislations, unbridled
nepotism and sectional allegiances.
They should serve as warnings to us on the futility of any
undemocratic arrangement. Perhaps the most dangerous feature of interim
government is the imposition of a unitary government, which in itself
will halt the progress of Nigeria beyond comprehension.
We will also most likely contend with the abrogation of the rights
of citizens, arbitrary arrests and detentions, mysterious assassinations
here and there and uncertainty in governance.
We surely cannot return to that inglorious era, as we all firmly
believe now that the worst civilian rule is better off than the best
interim contraption.
The call for interim government has however led us to think very
deeply, as to the collective value of civilian government to the people
of Nigeria since 1999.
We have only raised petty bourgeoises, jet owners, electoral
bandits and political godfathers who have all found retirement in
politics and are very unwilling to let go.
They live a lifestyle that they can only sustain with public funds.
This is the present tragedy of our nation; namely that we love
democracy and its system of governance but we have not gained much from
it, because our leaders have bluntly refused to play the game according
to the rules.
It is unfortunate that we will keep lamenting in this manner and
sooner than later, another election cycle will come and go and we will
still be singing the old songs in Babylon. But we must keep enduring it,
until it gets better to give us the dividends that we truly deserve. As
for interim government in Nigeria, let us perish the thought! That era
has ended for good.
NO LEGAL OPINION OF PETER OBI AS LABOUR PARTY CANDIDATE
In July 2022, I wrote three different opinions on the candidates of
the Labour Party, All Progressive Congress and the Peoples’ Democratic
Party. This was long before the 2023 general elections. After the
election however, I have not discussed the fate or chances of any
particular politician.
This is due partly to the fact that a process was instituted,
concluded and there are different cases in the various Election Petition
Tribunals challenging the process. I have however been inundated with a
scripted WhatsApp post, wherein it was alleged that I stated that His
Excellency Mr. Peter Obi does not qualify to claim membership of the
Labour Party.
That is not my opinion and I am not the author of that post. It is
what we all call it: FAKE NEWS. I humbly urge you all to please
disregard it.
I am not a member of any political party, I am not involved in the
prosecution or defence of any election petition and I have no interest
in partisan politics, at least for now. Thus, it is not in my place to
determine or pronounce on who can be or cannot be a member of any
political party.
Like other Nigerians, I am bound by and will accept the outcome of
any and all lawful engagements by all concerned for the ventilation of
grievances. I cannot fathom what those who circulated this false
narrative seek to profit from it but it is ungodly to sit down and
concoct a legal opinion and then ascribe it to someone else.
I am a lover of peace and I believe in due process of law. To the
extent that elections have been conducted and results declared from
which winners have emerged, the next process for all who are aggrieved
is to follow the procedure stipulated by law for challenging the
process.
I join other well-meaning Nigerians to appeal for peace, I
encourage those who are in court to challenge the results of elections
to be steadfast and committed to the process already activated and I
urge the judiciary to dispense justice without ill-will or affection to
all those who seek electoral justice.
It is to our credit as a nation that we have had an unbroken
process of leadership change since 1999 and that process cannot be
discarded at this stage of our national development.
Having said that, it must be emphasized that those who are
entrusted with the responsibility of midwifing the transition process
must do so in strict compliance with the enabling laws and also provide
equal opportunities for all persons who are engaged in the transition
process.
We must continue to operate and correct the system until we attain perfection. Interim government? Perish thought!
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