Shadows of a Coup 2: Ekiti Fallout

By Fred Igbeare

The National Assembly should reject the state of emergency (SOE) in Ekiti.  Ratifying it would be like giving a long rope to the president.  He could use that same rope to hang the lawmakers later on.  He just sacked the House of Assembly in Ekiti.  What stops him or some other president in future from doing the same thing at the national level as in the imaginary scene above?

If the unimaginable were to happen, this or another president could provoke a national crisis.  He could then declare a national SOE, sack the National Assembly and extend his rule.  No one can predict a tidy outcome for such a bad move. All sorts of scary possibilities are conjured up: civil war, military coups, widespread disturbances, economic disaster, etc.

The lawmakers owe it to this country to squash this bad precedence.  Otherwise they would be endorsing an excuse for a disguised dictatorship, a military coup or far worse. They need to remember their role in smashing the third-term misadventure.  A repeat is called for in this matter.

The SOE must not stand.  It must be erased along with its cloud of ills hanging over our legal system.   The rule of law must prevail in Ekiti.  If the judiciary cannot handle the Ekite conflict, then it cannot handle a similar crisis at the national level where the stakes would be much higher.  We might as well give it all up now and bring back the military!

While I’m opposed to military rule, the events in Ekiti have unwittingly provided an excuse for a military intervention at the national level.  Right now the intervention is localized to Ekiti which is under martial law!  Let there be no doubt about it: Ekiti is now under military rule.

What if the Ekiti crisis replays itself on a larger scale?  Would the president declare a national emergency, say, against an ‘illegal’ impeachment?  Or would the opportunists in the military be tempted to strike ‘because we cannot have two presidents’?

Ekiti illustrates how emasculated the Nigerian Judiciary is today.  Judges are as much to blame for this sorry state as are politicians.  When the Ekiti Chief Judge selected a questionable impeachment panel he damaged the image of the judiciary as an impartial arbiter.  Even if no means exist now to sanction him, legal ways could be found afterwards.  Ekiti demonstrates that the impeachment laws may have to be amended.  That takes time, but democracy demands patience.

Besides what’s the big hurry anyway?  The governor would be gone eventually when his current term runs out if the impeachment process or litigation dragged out.  If all the things said about him were true, then the electorate would have fired him ultimately!  If not, then they deserve him.

From the reports about him, the man could be a thief, a thug or even a murderer.  Does he deserve to be impeached for all these? Oh yes, yes indeed, and more!  If, or when, he is found guilty, he should be jailed (of course with opportunities for repentance and rehabilitation).  Yet, the need to clean up the governor’s mess doesn’t warrant throwing away the baby with the bathwater!  Our democracy is still in its infancy; let’s not throw it away with this SOE.

All the parties in Ekiti are pretty much guilty of inexcusable haste.  In their hurry to promote or defend their narrow interests, they are jeopardizing the whole country.  There is no contradiction, no conflict in Ekiti that cannot be resolved by the courts.  So we have three people claiming to be governor?  So we have two people claiming to be chief judge?  So what?  Is that the end of the world?

The argument by the presidency that Ekiti faced a clear and present danger is suspicious.  Two points arise.  One, the federal government is responsible for maintaining security in Ekiti under democratic tenets.  Point: the SOE is an admission of its failure on security.

What the government is saying is that martial law is the only way it knows how to deal with such a crisis.  If so, then the people running the presidency have no business being in office under a democracy.  They should step aside and let more competent folks handle the situation.

Two, the federal government has an obligation to defer to judicial authorities in resolving conflicts. Point: the SOE is a reflection of its disdain for the courts.  In this Ekiti crisis there was pending litigation.  Again I ask: what’s the big hurry?  Why couldn’t the federal government have waited for the courts to rule either way, and then enforce that particular ruling?

If the lower courts had issued conflicting judgments, there are always higher courts to smoothen things out.  Nothing stops the federal Attorney-General from participating in the litigation.  Or he could initiate his own case to spur the courts into expedited action given the federal ‘concern’ for Ekiti security.

The presidential proclamation itself is contradictory.  In one breath, the president said: “By the unconstitutional act of Ekiti State House of Assembly, they took upon themselves the duty of the Judiciary, i.e., the National Judicial Council and the duty of the Chief Executive, i.e., the Governor. It is a clear case of usurpation of power. It is dangerous for our democracy particularly for the hallowed principle of separation of power to allow this flagrant violation of the Constitution to go on unchecked or to remain stabilised and sustained,” (The Guardian of 19 October 2006).

In another breath, the president said: “It is hoped that the Administrator will not need new laws for the administration of the State. But if he does, it will be in the form of Regulations which he will submit to the President for consideration by the Federal Executive Council and promulgated by the President for the State.”

Somebody please tell me I am not making this up!  So, what happened to the “hallowed principle of separation of power” when the Executive is now making laws for a state?  The word “Regulations” doesn’t change that fact. Who is usurping power now?

Events should not have been allowed to go this far.  What we see here is rashness to use an instrument of last resort.  This is the equivalent of killing a flea with a bomb!  The fallout from that bomb threatens our infant democracy.  The true lovers of democracy in the National Assembly should stand up and reject the grave mistake in Ekiti.  If we sow illegality today, we reap anarchy tomorrow!  Please walk carefully here Mr. President!

(fredlintaz@yahoo.com)

Robot  Villager

# 1 This is the equivalent of killing a f...Read the full article. Posted by Robot| 26.10.2006 14:32

ula-lisa  Villager

# 2 Too bad, the NASS has already ratified the SOE. The way I see it, the Fed A-G does not know his constitution or he like most A-Gs before him has chosen to down-play his professionalism and play the 'alright sir boy' - or- more charitably, his legal advise is not been heeded; in which case, he should resign honorably. SOE does not say to replace the system but to calm the environment with the elective bodies in place. If everything stands disolved, then all the judges too should go home. That Military man has no business making regulations or taking over the machinery of govt in the constitution. I can see the blackmail of NASS Posted by ula-lisa| 26.10.2006 18:36

fredlintaz  Villager

# 3 Is this really necessary? Isn’t this another admission that the Nigerian Police is incapable of maintaining law and order, and needs major surgery? ThisDay: Ekiti: Obasanjo Declares Fresh Emergency Rule From Josephine Lohor in Abuja, 04.19.2007 President Olusegun Obasanjo yesterday announced the extension of the state of emergency placed on Ekiti State six months ago until May 29 when a new government is sworn-in both at the state and federal levels. In a national broadcast yesterday evening, the President who decried the breakdown of law and order in Kano State and the acts of violence and mayhem in Ekiti, which he alleged was being perpetrated by the impeached governor of the state, Ayo Fayose, however said the administrator of the state, Brigadier-general Tunde Olurin (rtd), will continue in that capacity until May 29. Already, the two chambers of the National Assembly are to reconvene on Tuesday, April 24, instead of the originally scheduled date of May 2 to ratify the President’s declaration. President Obasanjo who stated that extending the state of emergency in Ekiti is a necessary check on its possible spread to other states, added that he is “once again, constrained to address the nation on an issue that presents a clear danger of possible breakdown of public order and public safety in a part of the country”. While noting that although last Saturday’s gubernatorial and State Houses of Assembly elections had been peaceful in some states of the federation, “the situation in Ekiti State can hardly be said to have been so as the state has been characterised by acts of violence and mayhem allegedly instigated by an impeached governor of the state and some disgruntled elements who are bent on taking the state on the road to perdition and destruction. “The situation in Ekiti State, which has severely tasked law enforcement agents, is still smouldering and if not resolutely checked now, could snowball into a complete state of anarchy and lawlessness that could spread to neighbouring states. Given the threat which this unacceptable situation presents to our democratic consolidation process and our collective will as a nation, this state of affairs cannot be allowed to persist. The time to save Ekiti State and, indeed, our nation is now”. President Obasanjo who said the peace that had returned since the first round of emergency im-posed on Ekiti cannot be allowed to fade away and considering fact that the National Assembly is on recess due to the general elections, made it impossible to seek an extension of the Ekiti State Admin-istrator’s mandate which should have been in place before the expiration of the six month period. The president said he was left with no alternative but to use the powers conferred on him by the Constitution to extend the state of emergency in Ekiti State. “In view of the gravity of the situation therefore, and by virtue of Section 305 of the 1999 Const-itution of the Federal Republic of Nigeria, I hereby declare a State of Emergency in Ekiti State . This declaration has been published in a Federal Gazette as of today (yesterday).” President Obasanjo stated that “the Administrator, in the person of Brigadier General Tunji Olurin (rtd), is hereby nominated to continue to be in charge of the affairs of Ekiti State until May 29, 2007. The Federal Gazette containing the declaration has been forwarded to the National Assembly in accordance with the provisions of the Constitution.” Further explaining the rationale behind the extension, the President said his action has been necessitated by the critical need to ensure that no part of our dear nation is allowed to slip into anarchy especially at this time when all patriots are rededicating themselves to the vision of a strong, stable, secure, progressive and prosperous Nigeria .” Posted by fredlintaz| 18.04.2007 23:09

fredlintaz  Villager

# 4 Is this still a possibility if the PDP presidential candidate ‘wins’? Punch: AC alleges plot to declare state of emergency in Nigeria By Musikilu Mojeed, Abuja Published: Thursday, 19 Apr 2007 The Action Congress on Wednesday alleged that the violence and protests that have trailed last Saturday‘s governorship and House of Assembly elections were part of a plot by President Olusegun Obasanjo to declare a state of emergency in the country and extend his tenure. The party also said its National Executive Committee would meet to consider whether its candidates should withdraw from the April 21 presidential election. Briefing journalists in Abuja, the National Chairman of the party, Chief Bisi Akande, accused Obasanjo and the Peoples Democratic Party of orchestrated chaos in some parts of the country to justify plans to declare a state of emergency and prolong the president‘s tenure. Akande said, ”It is, therefore, clear that the crisis enveloping the country today are deliberately created to set the stage for Obasanjo to declare a state of emergency so that he can continue to rule an unwilling people. ”General Obasanjo is likely to take further steps to worsen the crisis so that it would be unmanageable. He would then use it as a ploy to justify such a declaration and try to recall the National Assembly to ratify it knowing fully well that most of the members would be busy with their re-election efforts. ”Under the cover of the state of emergency he would then unilaterally amend the constitution to enable him to rule for life.” The AC chairman also alleged that the President was planning to foist a one-party rule on Nigeria. ”The scenario we have painted above may seem far-fetched, but that will be only to those who have not followed the President‘s antecedents. Gen. Obasanjo is a firm believer in a one-party state, and he has canvassed this in his writings through the years. ”He even once sent a delegation to Egypt to understudy the workings of a one-party state, even though that country has started opening up to multi-party democracy. For him, it is either a one-party dictatorship or a military rule,” he said. ”He has said that the word ”opposition” does not exist in his own limited understanding of African traditional politics. ”Opposition”, he declared to our horror, is the same as enmity. He vowed that his party had “resolved to stop, through all legal means, any attempt to truncate the Nigerian Project” while also urging “other political parties not to be carried away by the allocation of a few seats or states to them, and to join us in this epic battle for the survival of our democracy.” ”We do not believe that INEC can conduct credible election on Saturday. It seems to have been programmed by the Presidency and the PDP to fail the Nigerian people and kill this democracy.” He praised the judiciary for making courageous pronouncements ”that have helped to pull Nigeria back from the brink several times” and Nigerians ”for resisting the move to steal their votes.” Posted by fredlintaz| 18.04.2007 23:38

Auspicious  Villager

# 5 Olusegun Obasanjo is grossly Over-rated! - Auspicious. Thanks but no thanks to the ONE man whose utterances and actions in Ekiti have pretty much help sustain the dissaffection and tension in Ekitiland, such that an extension of the emergency rule in that state has become even more neccessary than it was. That man is not Ayo Fayose; he is no other person than President Olusegun Obasanjo. It was Olusegun Obasanjo who started all the trouble in the first place, when he came to town to raise Ayo Fayose's hand in Ekiti, as his son in whom he is well pleased. And it was under is watch as the commander-in-chief of this troubled nation that Fayose emerged as Governor, after presiding over the corrupt 2003 election excercise. Four years later, he is doing the same foolish thing in Anambra by imposing Nnamdi Uba (whose shady past alone should have him barred like others have been barred) on the people of Anambra. God knows knows that 'Andy' cannot win in Anambra were the governorship elections free and fair - no way! And only last week, Mr. President came to Ado-Ekiti to jaw-jaw with ALL stake-holders in the state as the expiration of the emergency rule approached, only to turn the things into a PDP rally half-way through meeting - deliberately dealing a vicious slap in the face of oppostion party members who were in attendance! What an embarassment! It therefore didn't come as a suprise, that elections were massively rigged in that state last Saturday, as the temporary government of General Olurin abetted and aided electoral malfeasance with unbriddled impunity! Security apparati that included soldiers and policemen simply helped perfect the chicanery. I say, Olusegun Obasanjo is nothing but an "Agba-Iya" - an "Adiye funfun ti o mo ara e l'agba! (an "Old Fool" - a white cockerel who does not appreciate his position as one amongst many!). At this rate, Ekiti people might as well vote for Atiku or Buhari just to spite the old thug and his Shonekan/Shagari-like candidate. Ewu President! Auspicious. Posted by Auspicious| 18.04.2007 23:43