Following the adjustment of the dates for the 2015 general elections by the Independent National Electoral Commission (INEC) from 14th February to 28th March and 11th April President Goodluck Jonathan has reassured the nation of his commitment to the sanctity of 29th May 2015 as the terminal date of his first term in office.
He strongly reaffirmed that 29th May is, has been, and will remain sacrosanct.
He appealed to all stakeholders to accept the adjustment of the election dates by INEC in good faith, saying the electoral body has a responsibility to conduct credible elections in which every Nigerian of voting age is afforded the opportunity to exercise their civic right without any form of hindrance.
“President Jonathan believes that this is not a time to trade blames or make statements that may overheat the polity, but a time to show understanding and support the electoral commission to conduct the elections successfully,” a statement signed by the president’s spokesman Reuben Abati said.
He maintained in the statement that it is the President’s understanding that INEC’s decision ought not to generate acrimony since it acted within its powers under the law and in consultation with all relevant stakeholders.
He called on the international community, civil society and the electorate to continue to support the administration’s commitment to a free, fair, credible, and non-violent electoral process.
Election Postponement Is Coup Against Nigeria-Falana
At a public lecture delivered at the Chartham House in London last month, the National Security Adviser, Colonel Sambo Dasuki disclosed that he had “advised” the Independent National Electoral Commission to postpone the election. The reason adduced then for the unsolicited advice was that the INEC needed time to distribute permanent voters’ cards to all registered voters. As an adviser to the President on national security the NSA has no powers whatsoever to give directives or advice to the INEC. Indeed, there is no statutory nexus between the INEC and the NSA to warrant the purported demand for the postponement of the General Election. To that extent, the NSA acted illegally. The INEC rightly rejected the unwarranted interference from the NSA.
But as soon as the INEC announced that all arrangements had been put in place for the distribution of the remaining permanent voters cards in readiness for the February 14 election the NSA began to sing a different tune.
At that juncture, President Goodluck Jonathan convened a meeting of the Council of State. The NSA and the security chiefs were curiously invited to the meeting with a view to convincing the Council members to endorse the postponement of the election. To their utter dismay, they failed to achieve the illegal objective as the Council declined to support the postponement of the election. The Presidency had wanted the advisory body to usurp the constitutional duty of INEC by taking a “decision” on the postponement of the election.
In a desperate bid to blackmail the INEC to postpone the election the NSA wrote a letter to the INEC to the effect that the armed forces could not provide security for the election because of the operations in the north east region. By writing directly to the INEC on the security situation in the north east region the NSA usurped the functions of the National Security Council. That is the only body that has the constitutional duty to “advise the President on matters relating to public security including matters relating to any organization or agency established by law for ensuring the security of the Federation.”
The Council which is established under section 153 of the Constitution is comprised of the President, Vice-President, the a Defence Minister, Chief of defence staff, minister of interior, minister of foreign affairs, inspector-General of police and national security adviser.
It is pertinent to point out that the security chiefs are not members of the National Security Council. Neither are they members of the Nigeria Police Council. Therefore, they lack the constitutional power to make any authoritative pronouncement on the security of the nation. Even though the NSA is a member of the National Security Council he cannot usurp the constitutional responsibilities of the body with the connivance of the service chiefs. Since the NSA and the service chiefs acted illegally and mala fide the INEC ought to have rejected their politically motivated request for the postponement of the Election. The reliance on section 25 of the Electoral Act by Professor Attahiru Jega, the INEC chairman is totally misleading. The provision does not support the postponement of a general election in the entire country but “in the area or areas” where there is violence or actual threat of a breakdown of law and order.
Since the reason for the postponement of any election must be “cogent and verifiable” it is crystal clear from the press conference addressed by Professor Jega last night that the INEC did not verify the bogus claim of the NSA and the security chiefs as required by the law. By saying that they would not provide security in aid of civil authorities pursuant to section 217 of the Constitution the security chiefs have committed the offence of mutiny contrary to section 52 of the armed Forces Act. Contrary to the mistaken belief of the INEC leadership the armed forces have no role to play in the electoral process.
Since it is the exclusive constitutional responsibility of the Nigeria Police Force to maintain law and order during elections the INEC should have called off the bluff of the security chiefs. More so, that the Inspector-General of Police had confirmed the readiness of the Police to provide security for the election. Just last week, the federal high court sitting in Sokoto declared illegal and unconstitutional the involvement of soldiers in election duties. That judgment is binding on all authorities and persons in Nigeria.
It is pertinent to point out that the postponement of a General Election throughout the country is provided for under section 135(3) of the Constitution where it is stated that “If the Federation is at war in which the territory of Nigeria is physically involved and the President considers that it is not practicable to hold elections, the National Assembly may by resolution extend the period of four years mentioned in subsection (2) of this section from time to time, but no such extension shall exceed a period of six months at any one time.” Since the President could not persuade the National Assembly to pass a resolution for tenure elongation on spurious grounds the service chiefs allowed themselves to be manipulated to subvert the democratic process. Thus, by causing the election to be postponed, the NSA and the security chiefs have staged a coup against the Constitution. They are liable to be prosecuted for the grave offence of treason at the appropriate time.
If the satanic Boko Haram sect is not defeated by the armed forces of the republics of Chad, Cameroon and Niger in the next six weeks, the security chiefs are likely to ask for another postponement of the General Election on the ground that the operations in the north east region have not been successfully concluded. As such extension cannot be accommodated under the Electoral Act and the Constitution, the democratic process may be terminated by the security chiefs to pave way for the much touted INTERIM NATIONAL GOVERNMENT. Since some of the Colonels who played a dominant role in the criminal annulment of the June 12, 1993 presidential election have taken over the security of the country, the democratic forces in Nigeria should be prepared for a long drawn battle for the restoration of civil rule. In the circumstance, I am compelled to urge Nigerians to beware of the “Ides of March”.
Femi Falana SAN
The Danger in Poll Shift
Though the Independent National Electoral Commission (INEC) has exercised its constitutional powers in shifting the February polls, the Afenifere Renewal Group (ARG) considers the reason given for the postponement as untenable.
Nigeria’s defence and security institutions have not convinced Nigerians that they have the capability to curb the Boko Haram insurgency and it remains to be seen that they now possess new tactics and intelligence on how to curb it. Therefore, it is difficult to see how a six-year menace will disappear in six weeks.
Indeed, the events of the past few weeks lend credence to a pervasive public opinion that INEC was coerced into its adopted position. Nigerians were not particularly surprised at the postponement and many actually saw it coming. There is no doubt an “executive coercion” whose design and intent can only be to subjugate Nigeria’s premier democratic institution, and until the security chiefs are able to advance believable reasons and demonstrate renewed commitment to their constitutional duty, Nigerians will remain suspicious of a premeditated plan to subvert democratic process.
The public perception that the defence institutions are being used to forcefully gain partisan ambition is widening and the current federal administration, as usual, appears not to give a damn. In fact, security chiefs are helping to reinforce this perception, in the light of recent revelation on Ekiti gubernatorial election, and it can only lead to truncation of democracy.
To worsen an already bad case, so much sacrifice is being demanded from Nigerians without commensurate sacrifice from the leadership cadre as if Nigerians signed a master-slave contract with their leaders.
Because patriotism should beget patriotism, if Nigerians are being asked to be patriotic enough to suffer the attendant cost of poll shift in order to fight insurgency – a man-made problem – then, is it not normal for an administration that has shown unprecedented lethargy in prosecuting war against insurgency to be equally patriotic enough to admit its failure and step aside?
To continue on the path of impunity and blatant abuse of the democratic right of Nigerians as the handlers of Nigerian state are doing is the foundation for injustice. Yoruba people loathe such insensitivity and will always reject such leadership because you can delay the burial of a corpse, but the delay can never resurrect the corpse.
Yoruba Nation is not blind to the grave implications posed by the current pursuit of invidious personal agenda to the detriment of collective goodwill. Toying with issues that should be sacrosanct in a democratic process is a shove that will soon turn to push and the Yoruba Nation will carefully consider its options for a desired peaceful and prosperous state.
We wish to warn those hell bent on scuttling our democracy to learn from history because, like they did in 2010 against the infamy known as “the cabal”, Nigerians will continue to resist dictatorial agenda of a few who seek to hold the nation hostage.
Signed: Kunle Famoriyo
Publicity Secretary
We Welcome Poll Shift — PDPPCO
Peoples Democratic Party Presidential Campaign Organisation (PDPPCO) said it concurred with the decision by the Independent National Electoral Commission (INEC) to shift the scheduled February general elections since it is in the best interest of deepening democracy and in the national interest.
Director of Media and Publicity of the PDPPCO, Chief Femi Fani-Kayode stated in a swift response to the poll shift announcement that INEC must be commended for showing the courage to shift the elections after acknowledging the fact that its state of preparedness was not 100 per cent.
According to Fani-Kayode, since the decision has been taken in the interest of deepening democracy and in national interest, his organisation accepts it in good faith.
“With this decision, INEC has allayed the fears of many of our citizens that they may not have had the opportunity to vote for the candidates and parties of their choice on Election Day,” he said.
“INEC has, by the decision, ensured that no one will be disenfranchised and has helped to guarantee the safety and security of every single one of our citizens during the course of the elections.
“We are constrained to take this opportunity to wholeheartedly condemn the opposition APC for its paranoid delusions and its far-fetched and childish conspiracy theories when it comes to the issue of poll shift.”
He added that by insisting that the elections should be conducted on February 14th the opposition was not only dangerously flirting with chaos but was also putting the country firmly on the path of confrontation, division, injustice, disaster and destruction.
“This is especially so, given the fact that no less than 34 percent of eligible voters have not been able to access their Permanent Voter Cards (PVCs) up till today- just seven days before the original date of the election. A situation where such a large percentage of our people would have been disenfranchised is unacceptable and the fact that the APC was insensitive to that fact speaks volumes,” Fani-Kayode said.
“We are aware that INEC is having numerous logistical problems and numerous internal challenges and we believe that the poll shift will afford them the badly-needed time to tackle and resolve those problems and challenges before we arrive at the new dates that have been fixed for the elections.
“We believe that INEC must have drawn a useful guide from available security reports from the North-eastern zone where, despite the very serious challenges that our people are facing there from Boko Haram, we believe that elections must hold. We must insist on this in order to ensure that no parts of the country lose their right to freely, safely and peacefully participate in the coming elections and to vote for the candidates of their choice.”
He held that it was against the backdrop of those developments that the campaign organisation commend INEC for finding the courage to do the right thing.
“In the same breath, we condemn the opposition APC leaders and members who are set to unleash confusion, mendacity and despondency everywhere and who are blaming everyone except themselves for the situation in which we have found ourselves,” he added.
“It is a glaring testimony to their irresponsible and reckless disposition that they continue to insist on having an election on a date that the institution that is constitutionally charged to conduct that election has said that it would be impossible to go ahead under the present circumstances.
“The shift of date is a welcome development. It is solely the decision of INEC. The decision is not ours but we commend them (INEC) for showing courage by owning up to the fact that they are not ready to go ahead on February 14th. The shift will help INEC to organise themselves properly, to put their house in order and to put in place all the necessary arrangements for the polls. The shift will also enable the nation’s security agencies to do what they have to in order to secure the north-eastern zone and ensure that elections can hold there.
“In conclusion, we wish to encourage our supporters and we urge them to remain calm and to be patient. Our party is strong; our candidate is confident; our cause is just; our God is mighty and our victory is assured. No matter what happens and no matter how long it takes, we shall prevail. God bless Nigeria.”
