That the 2007 elections were tainted with fraud and violence is without question.  Independent observers report the presidential/legislative elections to be as bad as if not worse than the previous state elections.  How should aggrieved Nigerians react?  Those calling for even more violence and a breakup of the country need to step back!  We have not exhausted all peaceful options.  My advice is: use the Courts.  And develop a legislative agenda to enhance federalism and further reduce presidential powers!   

Violent reactions, a military coup or an Interim National Government can only make matters worse.  You don’t want this government to have an excuse to stay one day beyond its tenure.  OBJ may be a disappointing leader but he can be contained.  If sufficient evidence is presented before the courts, there is no reason why fresh elections cannot be ordered.  But new elections must follow due process. 

Don’t throw away the baby with the bath water!  The Nigerian judiciary has shown itself quite capable of curtailing presidential excesses.  The Supreme Court allowed Vice President Atiku Abubakar to contest the presidential elections against the wishes of the presidency.  There are other such instances of the judiciary asserting itself to protect people's rights.  Let the judges do their jobs, or reap what you sow!  Pursue the things that produce peace or prepare for war!  You may not survive the ensuring bloodbath! 

Those quick to call for a Nigerian breakup need to realize it implies a civil war.  I am not impressed by people who call for a civil war and promise to fight to the last drop of blood.  They are usually talking about some other person’s blood, not theirs! 

Rome, they say, wasn’t built in a day.  Nigerians who are expecting democracy to take root so quickly are not being realistic.  They don’t understand Nigeria.  They don’t even understand themselves.  The authoritarian mentality that has plagued our cultures, histories and personalities is not easily erased.

The brutishness that compels men to steal ballot boxes is the same bestiality that propels killer-cops, employee-bashers and wife-beaters.  Power corrupts absolutely if unchecked.  The governments in Nigeria have too much power, especially the presidency. 

So much concentrated power even in ‘advanced’ societies would produce similar results.  Nigerians are like other human beings.  We are not far removed from a mentality that relies on brute force to impose our will on others.  That is why prudent societies put elaborate checks on governmental powers.  

Here is an example: the EFFCC.  Nuhu Ribada has been abused a lot over what people describe as his partisan crusade against corruption.  Most of his victim are said to be opponents of the president.

Assume Ribadu’s accusers are correct.  Who appointed him?  The president!  Who could fire him?  The president!  Until the legislature extricated him (not sufficiently, I hold) from the presidential grip, he was at the mercy of the president.  We tie slabs of cement around a man’s ankle and complain ‘what a bad swimmer he is!’  Wake up people and smell the self-inflicted rot!

In designing institutions, it is safe to assume their human operators would not be honorable.  If they are, then what a pleasant surprise!  Legal constraints are necessary to keep them straight.  Didn’t the Bible in Jeremiah 17:9 describe the human heart as been “deceitful” and “desperately wicked”?

Another example: the INEC.  What kind of legal constraints are put on its boss to be upright?  Who appointed him?  Why would you make a man judge or umpire in his own case?  Why are the elections not rig-proof?  Have we fixed these before calling for war? 

Let’s cherish what we have now and focus on making things better.  How many countries in the world have a Supreme Court that has ruled against the executive this many times?  And the judges are still alive?  It is becoming harder for the government to keep violating judicial decisions.  In the Ladoja case, for instance, the Feds had to comply or provoke a constitutional crisis with ominous consequences!

What if the government had defied the Supreme Court in Ladoja’s case, is that sufficient cause for a civil war?  Certainly not!  In Defending the Courts, I suggested a special kind of law.  That law would better facilitate the prosecution of public officials who violate court judgments! 

The immunity clause would not apply under such a law.  It would not be hard to find judges willing to convict a former president or others under this law.  Private prosecution would help overcome situations where government lawyers develop ‘legal fever’.  The same National Assembly that defeated the third-term agenda could have passed such a law!

Remember that Gani Fawehinmi tried to prosecute IBB's men for Dele Giwa’s murder?  That was under a vicious military regime.  Today the president has to contend with a feisty judiciary and an independent legislature.  Didn’t PDP lawmakers help kill the third-term agenda?  Weren't many of them beneficiaries of PDP electoral 'victories'?  Even IBB couldn’t extend his tenure or launch a comeback!  And where is Sani Abacha today?  How many civil wars got rid of these two? 

OBJ’s days in government are numbered.  He is going to need the courts to protect his rights soon.  That is one realization that can compel any budding tyrant to be cautious.  That is why the anti-third-term victory is so great!  Presidents must go after two terms!  They must now devise retirement plans that include dependence on judicial protection.    

Those people calling for violence or war: what roles have they played in bolstering the courts?  Lawyers in Pakistan are protesting the ouster of an important judge.  How many Nigerians will defend an attacked judge?  One was indeed assaulted recently. 

Let’s get some facts straight.  There were electoral malpractices.  Didn’t the BBC record a ballot box being snatched by armed men?  Reuters reported that its correspondent Estelle Shirbon saw INEC officials in Bayelsa “stuffing dozens of completed ballots into boxes”.  Many other accounts exist.  Let’s assume all these facts go before the courts, and the specific case is still denied.  Is that enough to start a civil war?  I don’t think so.  We would still not have exhausted all peaceful avenues. 

Even if court rulings are unsatisfactory in obvious cases, there is always the option of appointing better judges.  If the current process keeps producing corrupt or incompetent judges, maybe that process needs to be changed.  We must exhaust all peaceful options before considering war.  Improve the system!  Defend the courts!  Stand against violence and let peace reign!

(fredlintaz@yahoo.com)

Robot  Villager

# 1 That the 2007 elections were tainted with fraud and violence is without question. Independe...Read the full article. Posted by Robot| 22.04.2007 12:08

kvin33  Villager

# 2 This is a false choice! Going to court is not mutually exclusive to other methods which are also equally and rightfully available to Nigerians. Everything and anything is fair game, once the results are made official, the die will be cast. May God be with us all. THIS ELECTION WILL NEVER BE ALLOWED TO STAND! PERIOD. NO MATTER THE COST. Posted by kvin33| 22.04.2007 13:09

fredlintaz  Villager

# 3 kvin33: You may have overlooked this part of the article in bold: "My advice is: use the Courts. And develop a legislative agenda to enhance federalism and further reduce presidential powers! " Posted by fredlintaz| 22.04.2007 13:40

Naked Eye  Villager

# 4 I've got to say that after the endless separatist articles by our in-house ethnic champions, this is a refreshing piece of work. It is rather easy to pull down than to build and I must say the effort put in coming up with your various suggestions to move Nigeria forward is well appreciated. I would be going back home soon and I'm constantly thinking of what to do in my private capacity to improve things for my neighbourhood, local schools and as many Nigerians as I can touch. I can understand and do share the frustration felt by lots of Nigerians both within and outside the country. The pain, shame and disgust can indeed be numbing at times but my experience in Europe has taught me that individual like myself made things happen in Europe. I've been with and have seen Europeans give their all for a cause they believe in and I'm convinced that we must all find a cause (not necessarily political - it could be environmental, educational, business, humanitarian etc) and do something tangible to improve the situation - no matter how small and how seemingly inconsequential. I've come to the realisation that its not enough to scream and shout from the roof top, we should take one step further and make the effort to give without thinking of rewards and returns. It is a tough proposal to make and appears crazy. But I've come to the understanding that even if its only my neighbourhood that benefits from my effort, I would have contributed my own quota to the Nigerian project. If 50% of able Nigerians were to do the same, we would sooner than later find ourselves a country with great neighbourhoods. As you rightly noted it is often the case that those who clamour for war are safely outside the theatre of operation. If only they would put as much energy in doing something tangible for their villages, town and cities, alma mata etc I'm sure we'll all be better off. Posted by Naked Eye| 22.04.2007 14:21

kvin33  Villager

# 5 Presidential powers? Legislative agenda? Federalism? As far as PDP is concerened, we Nigerians are all still living in the "past". PDP has moved on! PDP is creating a Peoples Republic of China in Nigeria where the "Communist Party" is supreme. Think Iran, where the Supreme Islamic Council is the seat of power. The PDP Board of Trustees will be the seat of power in the new era we are entering, -should we choose to accept. Any proposal that advocates any form of either implicit or explicit acceptance of these results is a non-starter. No elections were held and any attempt to announce results, assume office, govern the nation willl be resisted by all means. Many Nigerians do not appreciate the gravity of what happened last saturday and as such fail to see the grave implications of accepting it. This is not like 2003, this is more like 1983 and the outcome may end up along those lines. If you accept these results even for one day, you accept: With 26 states and 60% - 80% of those state houses of assemblies under PDP control, PDP has a super-majority among and within the states. This strategic position effectively rewrites the Nigerian Constitution in pencil with the PDP holding the pencil and the eraser. Tomorrow, (bet me if you want) they will seal the deal by seizeing over two-thirds of both houses in the national assembly. Who is going to stop them from declaring OBJ king of Nigeria? They already made him PDP leader for life. The power of the courts flows from the constitution which PDP can now rewrite at will. So where again will you seek redress? What do you think will happen in 2011 if we allow this to stand? You think any opposition will be left in Nigeria?? You think the elections will be better?? You think the PDP will ever leave power?? Nigeria will become a one party state?? Is this democracy?? Oyo state and Anambra state have shown us the kind of politics the PDP is interested in, what do you think will be the future of the rest of Nigeria. Do not fool yourself, there is NOTHING to accept here, there is NOTHING to manage here. JOIN in resisting this farce preferably through the courts but by other means if we must. THIS ELECTION WILL NEVER BE ALLOWED TO STAND! PERIOD. NO MATTER THE COST. Posted by kvin33| 22.04.2007 14:44

fredlintaz  Villager

# 6 Naked Eye: A million thanks for your comments! May your kind multiply in Nigeria! Please keep all of us informed about your return back home and how we can be of assistance in your efforts. Kvin33: My suggestions do not imply acceptance. I appreciate your making this comment though: “JOIN in resisting this farce preferably through the courts but by other means if we must.” But I am troubled by this: “NO MATTER THE COST.” Do you understand what you are saying? Do you realize “THE COST” could include the complete destruction of Nigeria: everybody and everything in it? Are you exaggerating? Are you willing to take the first bullet—spill your own blood, not somebody else’s for this cause? Posted by fredlintaz| 22.04.2007 15:56

kvin33  Villager

# 7 You know, we all come to these fights with different levels of commitment. That's why I find it funny when people ask this question, as if it matters whether I answer one way or the other. Will you line up behind me if I say yes I'll take a bullet. What if I say I just took one yesterday, will you go out and get yours? What if I say no, will that change the fact that the issue is that "YOU" don't want to take a bullet irrespective of what I or anybody else does. How many Nigerians have spilled their blood over the last 2 weeks? Policemen and civilians? Will adding my own blood somehow change your level of commitment? Look, you assume that the "let the courts decide" approach is safe. Are you willing to argue the first case in court? Or are you hoping someone else will risk his life to take the presidency away from the PDP. You don't think that approach also involves spilling blood. I appreciate the question but I think that is the wrong way to approach it. You don't start from the means to determine the goal, you state the goal then you can debate the means. The cost cannot be the starting point. You say you don't advocate acceptance. Well, if there is a price beyond which you are not willing to pay, then all the PDP needs to do is raise the situation to that point at which you have no choice but to accept, No? As for spilling blood, I hope no one's blood is spilled but you can see that even common census, election in Nigeria is paid for in blood. So if the PDP and their riggers decide to resist, decide to spill their own blood, who are we to interfere? That should not be a prohibitive cost. Mind you the cost of PDP succeding is also measured in blood, lives of Nigerians alive and still to be born. We cannot accept slavery in our own country because we are afraid of PDP. We should not rule anything out at this point, the courts or other means. THIS ELECTION WILL NEVER BE ALLOWED TO STAND! PERIOD. NO MATTER THE COST Posted by kvin33| 22.04.2007 18:32

fredlintaz  Villager

# 8 kvin33: Your readiness to take a bullet will convince me you are not a hypocrite. That you won’t be sending other people’s children to die for your wars while you hide behind rhetoric. I will consider taking a bullet when I am convinced that we have exhausted all legal, peaceful, spiritual means of resolving our conflicts. Right now, I am not convinced. If I were a lawyer, I would argue the cases in court. But I am a writer, so I am arguing the cases in the court of public opinion! You do have me at a disadvantage though: I write under my own name, unlike you. Would you consider unmasking yourself so I will know how serious you are to stand up for your convictions? For all we know, you could be an anarchist out to cause mayhem in Nigeria! You didn’t respond to these critical questions: “But I am troubled by this: “NO MATTER THE COST.” Do you understand what you are saying? Do you realize “THE COST” could include the complete destruction of Nigeria: everybody and everything in it? Are you exaggerating?” Posted by fredlintaz| 22.04.2007 19:39

Omowa2  Villager

# 9 Can anyone help me here? Who are the thugs used to mess up our country's election. I hope are pray they are NOT Nigerian because if they are I promise to show them how not to mess up other people's future. I am soooo sure none of us knew about these thugs, if we did our attention would have been focused on them. I also know that Saint Tinubu of AC never rigged the elections in Lagos and Kalu was a good boy in Abia....wake up Nigeria. The country has been stolen. it is time to DISSOLVE the people and elect a new set of citizens I am dry of tears for a beloved country. omowa2 Posted by Omowa2| 22.04.2007 20:37

Femi Longe  Villager

# 10 Fredlintaz, you have written a very refreshing piece here and I join Naked Eyes in saying "more grease to your pen finger". We are all in agreement that the election shouldn't stand but just saying so will not stop the powers that be (OBJ and his evil party) from swearing in the ballot-thieves come May 29. Neither will physical force, 'cos they have the financial and constitutional power to hire thugs and get legal thugs(the police and army) behind their cause. They have demonstrated this abundantly in the last couple of weeks. And they are yet to exhaust all the arms and ammunition they recently imported. Hence as you rightly pointed out, our only realistic option are the courts, which have demonstrated severally that they are the only place where we are likely to get a level playing field (Must be open season for lawyers in Nigeria right now...:rolleyes: :rolleyes: :rolleyes: ). While at the same time using our brain to think of sustainable means to ensure that truly fair elections can be organised and definitely not by the present crop of brigands called INEC Food for thoughts... Posted by Femi Longe| 23.04.2007 07:58

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