24

Oct

2006

Obasanjo, The Last Military Dictator: The Ekiti Political Debacle PDF Print E-mail
By Dr Abayomi Ferreira

Obasanjo, The Last Military Dictator: The Ekiti Political Debacle

 

By Dr Abayomi Ferreira, abayomiferreira@yahoo.co.uk 

 

On 19 October 2006, President Obasanjo apparently using Section 305 of the 1999 Constitution proclaimed a state of emergency in Ekiti State. Pursuant to that instrument, Adetunji Olurin was imposed as an ‘administrator’ of the state, replacing the elected legislative house and executive authority of Ekiti State. The first official action of the ‘administrator’ was to dissolve the State House of Assembly and sack the State Executive Council. He transferred the functions of the Executive Council to civil servants. This process is an unfortunate repetition of what Obasanjo did on 18 May 2004 when a similar unconstitutional process was slapped on Plateau State.

 

    The purpose of this paper is to examine the options that are available to prevent future repetitions of similar illegalities in the political process and development of Nigeria. After surviving, though badly injured and disabled from the experience, 46 years of military dictatorship, Nigerians are entitled to a political process that encourages rapid economic development to lift our people from mass poverty and a backward standard of living. Certainly, on both occasions that Obasanjo and his advisers have had causes to declare a state of emergency in a constitutional and legal State of the country, the Nigerian peoples appear helpless and unable to assert their constitutional rights and affirm the sovereignty of the people. In spite of the inherent limitations that characterise the 1999 Constitution, as long as that Constitution is in force, no part of Nigeria can be lawfully governed by unelected organs, even for one minute. The same Section 305 provides for situations where by the President can proclaim a state of emergency for the entire country. Will Obasanjo appoint an administrator to perform the functions of the President and dissolve the National Assembly if such a situation should arise? I bet he would not. Sections 4 and 5 of the Constitution are very clear on how a state in Nigeria is to be governed. Sections 180, 188 and 189 are very explicit on how a state governor and the deputy governor can cease to hold office, that is, outside the process arising from resignation which is properly provided for in Section 306. Further, Section 105 provides for the cessation of existence of a State House of Assembly. The 1999 Constitution makes no provision for a mass sacking of the legislative institutions nor is there any provision for the appropriation of state executive functions by unelected agencies whether individuals by whatever name he may be called or by civil servants. Section 305 provides for a proclamation of a state of emergency by the President in any part of Nigeria. The proclamation, which is subject to legislative approval “within ten days” at the maximum, is purely for the purpose of maintenance of public law and order and not for the replacement of elected public officers. Law and order can be maintained by using the appropriate constitutional institutions. The functions of the preservation of law and order in Nigeria is vested in the Nigeria Police Force, which by the Nigerian 1999 Constitution is capable of having segments of its organisation function as a part of the armed forces of Nigeria. Section 217, 2c makes adequate provision for the Police Force to be aided by the other armed forces to “suppressing insurrection and acting in aid of civil authorities to restore order.” Sustenance of the elected state (and for that matter, national) legislatures and executive is an inherent part of the corpus of maintenance of law and order in any part of Nigeria. Repeated copying of historical errors and illegalities that was first committed in 1962 when the Federal Government imposed an administrator on the Western Region, an act that paved the way to the ignoble era of military dictatorship is a patent demonstration of the absence of creativity in the governance of Nigeria.

 

    It is a very sad notation that the ruling Peoples’ Democratic Party PDP which is in power both at the centre and Ekiti State, as it was in Plateau State in 2004 is incapable of running its affairs and regulate its members in a manner to promote positive political development in Nigeria. Certainly, Obasanjo is all in all in the affairs of the PDP. He has removed from offices and replaced at will appointees and elected officials in the political party called the PDP. He has done the same over and over again both in the National Assembly which is constitutionally outside the control of the Executive and State institutions. The Obasanjo dictatorship in the affairs of the PDP is being applied to create unconstitutional invocations to upturn the elected organs of Ekiti State. This action, at least in its effects is no different from the antics of Lamidi Adedibu in Oyo State, except that presidential abuse of power is being used to bypass the constitutional and political process in Ekiti State. There is no part of Nigeria that can be governed by unelected institutions or individuals except private companies and family compounds which in any case are fully subject to the laws of the land including the Constitution.

 

     Catalogue of illegalities

 

     The Fayose impeachment process is a catalogue of illegalities that have been committed by virtually all the persons that are involved:

 

  • The alleged stuffing of the investigative panel with Fayose minions and partisans by Bamisile certainly kicked off the abnormal process

     

  • The removal of the Chief Judge, Bamisile by the House of Assembly, a duty of the National Judicial Council

     

  • The replacement of Bamisile with Aladejana, a business of the National Judicial Council

     

  • The disbandment by the House of Assembly of the Bamisile panel

     

  • The empanelment of a parallel panel by Aladejana

     

  • All the subsequent acts of the Aladejana panel, the House of Assembly, removal of Fayose and Olujinmi and the declaration of Aderemi as Acting Governor of Ekiti State

     

The place to redress this catalogue of illegalities and absurdities is the Courts of Law. President Obasanjo further confused the situation by supplanting those illegalities with another monumental illegality. He got away with the Plateau State episode in 2004. From all indications on the political terrain, he will probably get away with this too.

 

Maintaining Constitutional rule in Nigeria

 

      What do we do in Nigeria when

 

  • A judge changes character into a political partisan when he has the sacred duty to “appoint a Panel of seven persons who in his opinion are of unquestionable integrity…..to investigate” allegations of impropriety that the House has made against an elected governor and his deputy. The phrase “in his opinion” does not carry the same interpretation when the judge is dealing with his own children. He must apply that provision judiciously and be seen by Ekiti people to be above board

     

 

 

  • When the President and Attorney-General invoke any instruments to smother an elected legislative house and executive in pursuit of partisan political objectives

     

 

 

  • When an ‘administrator’ is used to supplant elected institutions of Sate. There is no provision for an administrator in the Nigerian Constitution. It is a creation of dictators.

     

 

 

  • When the state legislative house and executive are rendered incapable?

     

 

 

Further, were Obasanjo to declare a country wide state of emergency, would he appoint an ‘administrator’ to replace the President and the National Assembly?

 

The practice of replacing elected organs of state with unelected organs diminishes severely from the sovereignty of the people. It is a coup d’etat against Ekiti State and Ekiti people. It is a dictatorship. Its inherent nature is emphasised by the appointments of military politicians, activists in the ignoble era of military dictatorship as the unconstitutional ‘administrators’ of states that have been so battered by this government. History will record Olusegun Obasanjo as the last military dictator in Nigeria. That is if any military politicians of the historical calibre of Babangida, Buhari, Marwa, Ebitu Ukiwe and their likes is not sworn in as President on 29 May 2007.

 

  The only decent option open to Nigerians is to seek restitution in the Law Courts. The process of restoring political order in Ekiti State can be set in motion by any citizen in Ekiti State or any of the political parties including the Conference of Nigerian Political Parties CNPP, Democratic Alternative DA and even the Peoples’ Democratic Party PDP. Further, well-meaning Nigerians should have sufficient courage to reject appointments that smack of any forms of illegalities.  

 

Dr Abayomi Ferreira

 

abayomiferreira@yahoo.co.uk

 

22 October 2006 



Your Comments

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RobotRobot is offline

 # 1 | 24.10.2006 08:44

The only decent option open to Nigerians is to seek restitution in the Law Courts. The process of...Read the full article.

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FjordFjord is offline

 # 2 | 24.10.2006 09:34

A gush of fresh air: problem statement, and at least a suggested solution/way forward. Not that every piece ought to follow the formula, but beyond the statement of a problem in beautiful expression and a lamentation without end, there's the need for a focussed discussion of possible solutions to the difficult times our country faces. This important piece offers solutions: recourse to the courts, and the courage to reject appointments; the one will be protracted as the mill of the gods grind slowly everywhere, and particularly in Nigeria; as to the second, there will always be misguided citizens, or others blinded by either greed or perhaps ideals to fill in the positions. The problem has been clearly stated, the proposed solutions may need to be refined and/or critiqued.

.

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AbraxasAbraxas is offline

 # 3 | 24.10.2006 15:37

Hi, folks!

I concur in toto with Dr Abayomi FERREIRA that repeated copying of monumental historical errors and illegalities, (like when the Federal Government imposed an administrator on the defunct Western Region in 1962, an illegality that paved the way for almost 30 years of opportunistic military dictatorship), is a patent demonstration of the absence of creativity in the governance of Nigeria.

Ekiti State should be a test case for reversing that dangerous precedence. The only proof or assurance that if, today, a power hungry mongrel of a misguided Nigerian soldier attempts what the Buharis, Babangidas, Abachas and Dogonyaros of yesterday did and got amply rewarded with mouth-watering political, material, and financial rewards, that, today, they will be disappointed and possibly booed out of relevance, is if well-meaning citizens of Ekiti State demonstrate sufficient courage and political savvy to reject ALL appointments from General Tunji OLURIN’s so-called “emergency” government, which actually smacks to high heaven of unconstitutionality.

The truth is that, if at the level of Ekiti State, Nigerians cannot call the bluff of Nigeria’s military elite, whether serving or retired, then there is no guarantee that they can rebuff soldiers if and when they indulge in their usual criminal subversion of the Nigerian constitution via coup plotting, which the likes of Ibrahim Gbadamosi BABANGIDA, and Aremu Okikiolakan OBASANJO have taken as their birthright: i.e. treasonable felony!

Muchas gracias.

Don Juan Carlos ABRAXAS (III)

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Pale-RiderPale-Rider is offline

 # 4 | 24.10.2006 17:21

Hi Mr Abraxas,

"Ekiti State should be a test case for reversing that dangerous precedence."

It's not unmanly to be wrong but it's only manlessness not to know when in the wrong is as clear as the crystal ball. I've since realised that we can do more as a strong team in standing up to this vromiko that's become of Nigeria than throwing tantrums. And besides, I mean no offence - you're simply the 'king of filth!' There's no point anyone trying beating you at your game.

Anyhow, coming back to the debacle that's become of Ekiti State, I still just cannot believe it! I've still not fully recovered. That a President of a Country could have waited so long for his party to disintegrate that far before resorting to emergency jesticulations.

I can't believe the speaker of Ekiti House of Assembly irrespective of this whole song of unconstitunionalities - who stood to be counted, is now on his own. And no one is doing anything about it. Then why would anyone wonder - why Nigeria might never get out of this gutter of doom?

Why is there no peaceful civil disobedient across Western, Eastern and Southern part of Nigeria - in solidarity with these lawmakers in Ekiti now languishing in oblivion - in fight against corruption? Where's the Nigeria's Labour congress in this hour of need?

It's all just unbelievable!

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DaBishopDaBishop is offline

 # 5 | 24.10.2006 18:21

The problem has been identified. The constitution does not say the Governor be fired and the HOA be dissolved in a supposed state of emergency. Can we abide by the constitution, Ekiti people?

Part of the solution has also been plotted.

Villagers need a list of the phone # of Senators to call and demand that they refuse assent to the presidential action and report to the NVS.

NGO's in Ekiti can try a constitutional challenge based on the law.
The Federal A-G does not surprise me in the quality of his legal advise if that is what the President is relying upon - self serving twist of the law. Like Gani would say, 'let us develop the law' by suing.

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FjordFjord is offline

 # 6 | 25.10.2006 02:39

Good points all, one'd think. When the rhetoric is over, the basic question will be about what any of us did. Ula-lisa has made a suggestion:


"Villagers need a list of the phone # of Senators to call and demand that they refuse assent to the presidential action..."



The website of the Nigerian Senate has no phone numbers (not that they'll be impossible to obtain), but there's a contact address:

Contact Address: National Assembly Complex
Three Arms Zone
P.M.B 141 Abuja.
Nigeria.
Telephone:
Fax:
Email: senate@nassnig.org

There's an email; a call then to everyone who's been making contributions to these pages since any length of time: write an email; make it short, make your expectations known. That'll a step forward, a quantum leap from ceaseless lamentations on these pages.

.

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FjordFjord is offline

 # 7 | 25.10.2006 02:49

Friends,

apparently, I was wrong in the last post; the web location:

http://www.nassnig.org/senate/Senators.htm


shows each member of the Senate has an official email address; some have telephone numbers. There's a list of the kind for members of the House of Representatives at

http://www.nassnig.org/House/RepMembers.htm


There're lists for members of committees too. The calls should begin, the emails too. Enough of the writing; it's a time to walk the talk and give some bite to the ceaseless complaints.

.

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SBISBI is offline

 # 8 | 25.10.2006 03:39

Well done Dr Ferreira. This is a well intentioned and well presented piece but your conclusion below is unsatisfactory.


The only decent option open to Nigerians is to seek restitution in the Law Courts. The process of restoring political order in Ekiti State can be set in motion by any citizen in Ekiti State or any of the political parties including the Conference of Nigerian Political Parties CNPP, Democratic Alternative DA and even the Peoples’ Democratic Party PDP. Further, well-meaning Nigerians should have sufficient courage to reject appointments that smack of any forms of illegalities.



This is not the only option open to Nigerians to restore political order in Ekiti State, or in fact all of Nigeria. If its an option at all it would be a fall back position to support the obvious remedy.

Section 305 (6) of the 1999 Constitution of The Federal Republic of Nigeria with regards to proclamation of a State of Emergency states that:

A Proclamation issued by the President under this section shall cease to have effect:-

….(b) if it affects the Federation or any part thereof and within two days when the National Assembly is in session or within ten days when the National Assembly is not in session, after its publication, there is no resolution supported by two-thirds majority of all the members of each House of the National Assembly approving the Proclamation;



So very clearly the option open to Nigerians is for the National Assembly to simply IGNORE the so-called State of Emergency order and Gen Olurin would have to return to his farm by Monday morning. Hear me? the Legislators DO NOT have to do anything, they don't have to vote, don't even need to show up and in 10 days its over.

What happens next you may ask?

Well you listed all the illegalities already.

Firstly Fayose and his elected team have to be reinstated.
If what is upsetting everyone's stomach in Ekiti is indeed Fayose and not the hot broth they ate, well spiced up with corruption sleaze, blackmail and intrigue cooked up by EFCC, then public pressure can be mounted on Fayose to resign failing which a fresh impeachment process can be instituted.

Meanwhile, Speaker Aderemi and "Acting CJ" Aladejana and other accomplices should be immediately sanctioned or arrested and prosecuted (not sure if there is a specific law for this) for violating Section 1 (2) of the Constitution:
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

This would certainly go a long way towards halting the trend of copying historical errors and illegalities and challenge the government AND people of Nigeria to be more creative in governance within the framework of accepted law and order.


SBI

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SBISBI is offline

 # 9 | 25.10.2006 03:59

How about this?


I had another dream
By Steve Nwosu e-mail: styveng@yahoo.co.uk 08055001934
Wednesday, October 25, 2006


By the time you’d be reading this, dear readers, I would probably still be at my doctor’s place, where I hope to receive treatment for acute malaria – and possible strains of typhoid. Even though everyone else thinks I’m all right, I know I’m not. And how do I get to know that, even without a proper medical test? I only dream when I am very sick. Last Saturday night, I had a dream. Another dream.

I dreamt that I had not only suddenly run into money, but that I had also been appointed Senior Special Adviser to the President on Impeachment Matters, with accreditation to oversee third term and tenure elongation. I cannot recall now what my full job description was.

But I remember sitting in the middle of stuffed and very big Ghana-must-go bags that I did not know what they contained. I also saw Nuhu Ribadu walking in and out of my office and addressing me as ‘sir’ – suggesting that he was now reporting to me.
I even dreamt that I was working straight from a swimming pool, with some of those girls who use one metre of cloth to sew skirt and blouse, serving me champagne.

They were called Protocol Officers and I was enjoying my work when I was rudely jolted up from this enviable ‘government work.’
Again, it was my ‘Nemesis’ – my baby girl. She had woken up and obviously could not understand why I was still lying there on the bed oblivious of her presence. So she pulled at my eyelid. That was when I realised that I had been dreaming all along.

But there was a link between the dream and the reality of my situation. I was actually lying in a pool of my baby’s weewee. I guess that was where the swimming pool bit came from. However, I believe, that has not taken anything out of the dream, or its meaning. Originally, I intended to see my prophet friend, who has also had a vision that Obasanjo would hand over power to him in 2007, to interpret the dream for me. But he is presently involved in a book project that has not enabled him to put himself in the state-of-grace which is a prerequisite for interpreting dreams. I have, therefore, taken it upon myself to interpret my own dream.

After consulting all the books and scriptures at my disposal, what I came up with is that somebody in the Presidency is actually trying to reach me to advise on impeachment, tenure elongation, or even third term. I believe this interpretation and actually waited all weekend for their call; but none came.
However, in the spirit of service to one’s nation, I have now decided to give my advice free of charge for now – and expect the Ghana-must-go later. And my advice is: For anybody who wants to continue to stay in office, especially at the national level, and not be accused of breaching the Constitution, impeachment – and ultimately, state of emergency – is the way to go. I thought of the state of emergency in Ekiti and what it would mean – for continuity and perpetuity - if we get the new regime declared in a few more states.

Maybe, by so doing, we could get the one-third needed to form a quorum and then get the two-thirds (of one-third) and declare a national state of emergency on the country. At least, our Constitution permits us to postpone elections on that ground. It sounds crazy, but it is simple. With Ekiti already in the bag, it would not be difficult to add Plateau. After all, the citizenry of that state would only be going back to a path they already know so well. After Plateau, Abia and Lagos could come on the card – for strategic reasons.

Don’t say ahh! I will explain.
With time fast running out on the initial plan of impeaching two governors per month, we have to adopt a new strategy that will fast-forward the process. I am told that it is actually easier to impeach and declare state of emergency in states where the governors enjoy a lot of followership, possibly, even outside their states.

Another major attraction for where the next impeachment should go is the willingness and ability of the governor to fight. Governor Orji Kalu has literally dared those orchestrating the new wave of impeachments to come to Abia. That they should be ready to set the country ablaze if they direct the train to Abia. Now, has anybody ever bothered to think that setting the country ablaze is exactly what these merchants of impeachment want?

Now, if the aim is to paint the picture of a breakdown of law and order in Nigeria in order to postpone next April’s election, why would we want to take the impeachment train to all the other states where the governors have been pronounced corrupt and spend more money and time when we can do Zamfara, Niger and Abia and achieve that aim?

Lagos? The lilly-livered would say ‘don’t even think about it, because the area boys will react’. But those who are orchestrating the hidden agenda to each of the recent impeachment states know that this is exactly what is needed: The higher the chances of such popular reaction, the more attractive the state is for impeachment.

If the aim is to cause as much upheaval as possible with the impeachments, why take it to a state with no record of mass revolt? If Kwarans have repented from their sa’lake days and have now embraced peace and, therefore, not likely to protest the unconstitutional removal of their governor, that would defeat the purpose of impeachment there.

That is, it must cause maximum dislocation in the polity. Why would anybody impeach a governor when the governed would just go about their business as though nothing happened?
So, I advise that the plot now should be to pick on the governors whose removal would likely see their people pouring out into the streets in protest. Such mass protest would then give justification for the declaration of yet another state of emergency.

So, while I suggest that we still go ahead with the rumoured plot to visit Gbenga Daniel, as a way of telling the nation that there are no sacred cows; that if Obasanjo can do it to his own governor, who is considered a Baba’s boy, nobody should consider himself untouchable. But I still believe that Ogun does not have enough area boys to set the state on fire if OGD is impeached. So Daniel should be removed from the list.

Lagos is more like it. In Lagos, we do not only have our fair share of rofo-rofo fighters, we even have enough to export to neighbouring states – ask them in Osun, Ekiti, Ogun and even far away Kwara. We have pushed our excess capacity of street fighters to them. Even some of the governors in those states have confessed to that reality.

So, knowing, as we say in Lagos that Eko o gba ‘gbakugba (Lagos does not take rubbish), Tinubu will be a more attractive option. If anything untoward happens to Tinubu, the whole of the south-west is in trouble. Lagosians would not only pour into the street to defend Tinubu, they would also ensure that those in Ogun, Oyo, Osun etc get a feel of the madness. That would automatically remind the people in Ekiti and Ibadan that they did not live up to their reputation in the Fayose and Ladoja cases.
It would then be time to give vent to their own ‘madness’ – even if belatedly. The entire South-west would then be on fire. A region-wide state of emergency would then be the only viable solution. That is, six states in one fell swoop.

Whatever Lagos does for the South-west can be replicated in the South-east through Abia and Orji Kalu. With Umuahia and Aba on fire, it would be Herculean guaranteeing peace in Imo, Enugu, Ebonyi and even neigbouring Akwa Ibom. With Anambra already on the boil, the entire South-east would have been spoken for – and so, qualify for a zonal state of emergency, too.

By this time, I foresee that the governors and the lawmakers in the North would have perfected their own game-plan to derail the impeachment train before it gets to them. But I have news for them. We would not be coming there. A nationwide state of emergency would still encompass them, even if the almajiris put up their best behaviour and the states up North remain as peaceful as a baby’s sigh.

In a country where six members of a 24-member house of assembly changed the leadership of the house and impeached the governor, who says that 11 states would not be representative of 36? But if the cynics insist that 11 is not a third of 36, we could just do Plateau in order to get the needed 12 and also set a legal framework for what is to follow.

So, with 12 states, under emergency rule, it can then be constitutionally presumed that law and order has broken down in the country and therefore, emergency rule can be imposed on the entire country. That way, we can forget the April elections. And if it appears the first six months would expire a few days after the election, we can still extend it for another six months and it would still be constitutional.
After the second six months, we can then begin to talk of how to organise elections and restore popular rule. That could take another eight months and we would then be looking at May 29, 2009.

My only fear is that some of these useless charge-and-bail lawyers who always stand our Constitution on its legs (instead of standing it on its head) might start arguing that a nationwide state of emergency should mean that Obasanjo must vacate office. That since the governors of the states under emergency rule would have lost their seats to retired military officers and former military administrators, it would not be proper for Obasanjo not to hand over to a former military head of state as well.

This would then mean that, in keeping with the established precedent, we might also have to look for a retired soldier and former head of state to take charge at the national level. I suggest either Buhari or IBB – or both, since it is now obvious that we need to put more men on the job. Did I hear anybody say Gowon and Abdulsalam?

But would that not mean that we would have returned the country to military rule without a coup? God forbid! I guess my mind has run out of control. Maybe, the malaria medicine I took last week did not work.
Or maybe, the parasites have found their way into my brain. I will return next week when, I hope, I would have recovered fully. And dream less.




Back page, Daily Sun, Wednesday 25th October 2006
http://www.sunnewsonline.com



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AbraxasAbraxas is offline

 # 10 | 25.10.2006 05:23

Hi, SBI!

Actually, in my own dream, after the declaration of a state of national emergency, General Aremu Obasanjo willingly invited US President George W. BUSH (II) to appoint a retired US Army General to handle the national emergency, in view of the threaths posed by Nigeria's never-ending condition of insecurity and instability, vis-a-vis the strategic energy and defence interests of the USA within the Gulf of Guinea generally, and in the Niger Delta region of Nigeria, in particular.

I am yet to finish drinking my alcoholized dogonyaro anti-malarial tea.

Muchas gracias.

Don Juan Carlos (ABRAXAS (III)
 

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