16

May

2009

Electoral Reform And The Aso Rock Argument PDF Print E-mail
By Uyi Lawani

President Yar’adua’s recent engagements and parley with the news media and public is very pleasant indeed. For one reason, the naysayers can be assured that our president is hale and hearty and (borrowing from Baba Iyabo’s lexicon), “him dey Aso Rock and him dey kampe”. First, it was his sit down interview with The Guardian newspaper and then a quick follow up with a press conference involving Aso villa news correspondents. Nigerian ‘ruler-ship’ appears to be moving onto another level. A few guesses as to what may have spurned this development is apt because they provide the template for my arguments over the next few lines. It is likely that the administration, for reasons best known to them, has found a new sense of urgency after the go-slow months or the threat of public protests by the labor movement required some kind of reaction. Maybe the Ekiti debacle occasioned a change in tune and with that came the need for a new dance. Or perhaps the sight of those bare-chested senior female citizens unleashed diabolical effluents that breezed up to Aso Rock corridors. We do not know. One thing is sure though and that is Mr. Yar’adua’s introduction of his arguments into the public space is refreshing for news junkies like me and we do hope that just as they expect of us, the administration would receive our feedback with equanimity.

I want to assume that given the amount of coverage the topic received, the Ekiti issue was partly a reason for the press conference in Aso Rock. So, let the debates begin! Mr. Yar’adua and his administration should be commended for finally setting the ball rolling on this much needed electoral reforms but there are a couple of salient points to note from his sessions with the media. First, according to him, those of us clamoring for a full implementation of the Uwais report must be ignorant—don’t we know that no government in the world has ever fully accepted and implemented a committee’s report without making any inputs. No mischief meant here but accepting 73 out of 83 recommendations does not come across as incremental, if anything they actually took away from the Uwais report. But let’s leave that argument for the devil’s advocate and move on. The more important point is not the quantity of recommendations they accepted but the inherent quality or absence of same from the ones adopted. For example, do we really need another Centre for Democratic Studies? How well did Omo Omoruyi’s CDS serve us in preventing the June 12 annulment? Second, the president informed Nigerians that he has called for a probe of the Ekiti state election violence. He promised that offenders would be prosecuted.

My guess from having read several comments on this issue is that the core of the argument around which people have called for the wholesome adoption of the report bothers on two things: the appointment of the INEC Chairman; and the seating of candidates with disputed mandates. This second grouse bears a nexus with the matter of fixing time limits for hearing and concluding litigation on disputed elections. Mr. President’s rationale for their decision to turn down the recommendation on INEC appointments flies in the face of reason. Hear him—“integrity is not who appoints the people. It is the integrity of the people who are appointed...” Nigerians should not be surprised at such comments, after all the process that brought him and his fellow travelers into office (from the primaries at the party level to the general election) was anything but fair. It is really bothersome that it does not matter to him that the process or persons that appoint officials to sensitive positions is/are seen to be transparent and based on integrity. If the person or process appointing lacks integrity, what credibility would the appointee bring to the office and to what source would such appointees derive legitimacy while in office? The fact that Maurice Iwu had to report to the presidency remains one of the most dangerous fallouts from the Ekiti rerun debacle. The NASS, as the closest proxies of the people in Abuja should by simple logic, be the first and only port of call for INEC officials.

The second grouse of the protagonists for the ‘all-or-nothing’ adoption of the Uwais report bothers on setting time limits for conclusion of election disputes vis–a–vis preventing candidates from taking office until all litigation matters are concluded. Again, the reasoning behind this position is intuitive and anybody who has followed our adventure in politics over the past five decades should not be hard pressed to see this. The anxiety occasioned by the litigation process and the rhetoric that goes with it constitute enough distraction to prevent the office holder and indeed the rest of the office from performing their jobs. The disputed office holder has to balance the demands of the office and pursue the court case and at the same time, has to accept that s/he remains legitimately bankrupt for as long the litigation process lasts. The president should know this—until the Supreme Court proclaimed him winner, I doubt that he fully unpacked the boxes he moved from Katsina to Aso Rock.

But the very argument that the legal process should be allowed to run a never ending course because only then can justice be served undermines the very notion of justice and fairplay. A candidate who takes office absent of justice should be seen as a usurper: the incentive to mismanage and govern in an unbalanced manner is pronounced under this circumstance. On average, an office holder with a disputed mandate is more likely to steal than those with fair mandates. Besides, the dismantling and rebuilding of cabinets and governance structures when a candidate is axed from office by the courts comes at a cost that we can ill afford at this time in our quest for nation building and development.

Mr. Yar’adua’s call for a probe is very interesting but welcome. We are watching with bated breaths to hear from the likes of Olagunsoye Oyinlola who has remained jittery since the turnover of governorship seats in Edo and Ondo. Submissions from Ayo Arise, Ayo Fayose and who knows, Asiwaju Bola Tinubu would make very interesting read. Of course, it would be naïve to expect testimonies from such high profile persons. In our country, the fall guy is always the ordinary, down-trodden fellow employed by these intolerant, power hungry misfits occupying high offices in the land. Before Mr. Yar’adua and his hungry-for-justice probers arrest and crucify the poor in our midst, let them sit back and examine themselves, go back and read every line of rhetoric that spewed from their oral cavities prior to the election. If truly they find themselves absolutely devoid of any blame in engendering the violence, then they can come forward and probe and issue arrest warrants to those hungry and desperate youths. Youths that have been left uneducated, untapped and consistently misused by the conscienceless ruler-ship we find ourselves saddled with. The clock is ticking and we are holding our breaths.

UYI LAWANI

Robert Toulouse Fellow

University of North Texas, USA

uyilawani@yahoo.com



Your Comments

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RobotRobot is offline

 # 1 | 16.05.2009 13:35

The more important point is not the quantity of recommendations they accepted but the inherent quality or absence of same from the ones adopted....Read the full article.

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EnyiEnyi is offline

 # 2 | 16.05.2009 15:35

no government in the world has ever fully accepted and implemented a committee’s report without making any inputs.
Mr. President is right on this. Whoever sets up a committee must make an input on the recommendations as the committee is meant to function as an advisory body. However, I was taken aback when I heard him apparently justifying the white paper by saying that FGN accepted 73 out of 83 recommendations. The crux of the matter is that quality should not be equated with quantity. Mr. President as a former lecturer knows fully well that sometimes examination questions are given unequal weighting. Let us consider an examination where questions 1 and 2 are given 30 marks each, while each of the remaining 4 questions has 10 marks. If a student gets all the latter 4 correct but does not answer the first 2, he/she will surely not score a pass mark for getting 4/6 right.
Mr. President's assertion —“integrity is not who appoints the people. It is the integrity of the people who are appointed...” is contentious. The 2007 show of shame and the recent Ekiti episode have made the independence of INEC both imperative and urgent. Two factors are worthy of consideration if there is a genuine desire to achieve this. First, we must accept that a president is a human beign and therefore not infallible. Secondly, two or more heads (I must qualify this-good heads) are better than one. Summation of both will lead to an inescapable conclusion that a non-partsan committee is best suited to make the appointment.
Apart from the independence of INEC, it is equally important that rigging be discouraged. Election rigging is (or should be) a crime. Therefore, the current situation where someone is allowed to freely enjoy the proceeds of a crime (rigging) is unacceptable. Besides, there is the issue of legality of all acts of ommission or commission done during the illegal tenure. It therefore seems prudent that anybody whose election is subject to judicial process should not be sworn in. As a corollary the long duration of the legal process itself is worrisome. Some judges are against having a time limit to the duration of litigation. While their position is understandable, we must not lose sight of the dictum that justice delayed is justice denied. A situation where the lawful winner of a House or Senate seat is denied justice for 3 years is injustice personified. Members of the legal profession must work out a system whereby justice is done within a reasonable time.
Finally, Mr. President should look beyond the present circumstances towards his place in history. Will history remember him as one who laid a sound foundation for credible lections in Nigeria or one who could not rise above the narrow partisan interests of his party? This is the real choice before him. In the final analysis, what matters most is not how long he stayed in office (one term versus 2 terms), but what he achieved while in office.

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gun ho commandogun ho commando is offline

 # 3 | 16.05.2009 17:39

Part of Nigeria's problem is that its leadership class takes the followership as fools.

Even if the President accepts 82 of the 83 recommendations of the Uwais' Committee Report, not accepting to let an independent body select the INEC chairman makes a mess of the essence of electoral reforms.

The absence of neutral election umpires and a faulty federal structure have been at the root of Nigeria's election squables.

How can the coach or captain of Enyimba Football club be made to choose the referees of the matches involving their team in Nigeria's Premier league? Do you say what matters is the integrity of the appointed referee and not who appoints him?

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ZumaZuma is online

 # 4 | 16.05.2009 17:59

http://www.saharareporters.com/index.php?option=com_content&view=article&id=2643:2009-05-06-03-35-14&catid=76:hot-topic&Itemid=205


How Mrs. Ayoka Adebayo was thoroughly Intimidated, blackmailed and Arm-twisted to deliver on Ekiti.


http://www.saharareporters.com/images/stories/dora_umaru1.jpg

The Resident Electoral Commissioner (REC) of Ekiti State might not have bargained for her present circumstance by agreeing to return to Ekiti State to conclude the re-run elections in the State, now re-scheduled for next Tuesday.

Saharareporters gathered from sources in Abuja that Mrs. Adebayo walked into a trap by accepting to withdraw her resignation letter. The office of Nigeria's presidency has detailed a myriad of security agents to closely scrutinize all her actions and transactions before and after the elections. All her telephone calls are being screened by a combined team of police and state security officials. Mrs, Adebayo is also being gagged from speaking to the media until the elections are done with on Tuesday. Curiously, one of her most vociferous aides has also been removed from speaking on her behalf.

A battery of security agents now guards at her house in Abeokuta, Abuja and she was to be accompanied to Ekiti this (Sunday) evening by a convoy of security cars and personnel to begin preparation for Tuesday in an election that our sources were already decided for PDP’s candidate Segun Oni, if the security cordon put around Mrs. Adebayo achieves its intended purpose. Our sources in Ado-Ekiti said Mrs. Adebayo did not arrive to the state capital tonight as expected.

Sources told Saharareporters that INEC chairman Maurice Iwu, working with Yar'adua, will seriously surprise Mrs. Adebayo at the conclusion of Ekiti's re-run election at a pace faster than she can cope with. Our sources said Mrs. Adebayo's decision to go back to Ekiti was due in part to her compromise not to have to face security agents to explain some allegations in her resignation letter which were interpreted by the office of the National Security Adviser (NSA) to as threat to "the corporate existence of Nigeria". That point that was also alluded to later by the Minister of Information, in her joint press conference with the Inspector General of Police.

http://www.saharareporters.com/images/stories/ig_okiro.jpg

IG Okiro

Thus, faced with the imminence of a rigorous trial for treason and other offences, which elements of bribery and corruption, as laid out by the spokesperson of the People's Democratic Party and the Minister of Information, Dora Akunyili, Mrs. Adebayo chose to withdraw her resignation letter. A source told Saharareporters that investigations are being conducted to determine those behind her "letter of resignation".

The federal government may have achieved victory as a result, since Maurice Iwu -led INEC successfully declared, last night, that results brought in from the nine local governments of the State were valid except those of the two wards to be conducted on Tuesday. This contravenes Iwu's earlier admission that only the REC can declare the results of the elections held in Ekiti State.

http://www.saharareporters.com/images/stories/ayoka_adebayo.jpg

Mrs. Ayoka Adebayo

Analysts point out that INEC's press release on the matter did carefully avoid carrying any signatures. But the Commission sent out results of all the 61 wards so far conducted to the media. Those results, including those of Ido-Osi local government, clearly give the PDP a 14,000-vote advantage. Mrs. Adebayo was not allowed a say as to the new date of the election in Oye-Ekiti or the rights to spell out the real results, but members of her immediate family assured Saharareporters at the weekend of their confidence that she will still act according to her conscience.



Electoral reforms indeed.
 

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