MIDWEEK ESSAY BY MOBOLAJI E. ALUKO, PH.D.

 

Why INEC's Professor Maurice Iwu Must Be Sacked Now, Period.

Burtonsville, MD, USA

 

 

May 16, 2007

  
INTRODUCTION
 
In an interview in TELL magazine recently, when asked to comment on the fiasco that was the April 2007 elections, President Obasanjo had this to say:
 
QUOTE
 
 
A lot of criticisms have attended the election. You have said that no system is perfect. Are you optimistic that people will come to realise that some of the problems that occurred are just human or a reflection of our level of development?

 
I have said before that I have participated in elections actively since 1959. As a young officer, I participated in the 1959 elections handled by the colonial masters. That was the one that transitioned us from a dependent colonial territory to an independent state. Even in those days, there were controversies — call it what you like — things that people felt did not go right. But even in those days, if you considered the distance you had to cover, you could not move to all parts of Nigeria. The best that Chief (Obafemi) Awolowo could do was go round with helicopter and throw leaflets down in most parts of the North. We have now gone beyond that. In (today's) election, anyone could go anywhere in Nigeria. This is substantial advance. Secondly, election rigging used to start from voters' registration. People would collect voters' cards and, on election day, they would give them to their supporters. But the system we use has substantially done away with that. We now have the problem of ballot papers and ballot boxes. In these days of e–voting, e–commerce, e–medicine and all that, I think that the next stage for us should be e–voting. Then the issue of ballot papers and ballot boxes will go away. I do not say that there will be no other issue that may rear its ugly head. But what I am saying is that we are making progress. Democracy is not a destination, it is a journey. There is no country in the world that would say that it has reached the end of the journey of democracy. Some people have perfected their own system. Take the British for instance who pride themselves as one of the most democratic countries in the world. But I was in Britain many years back when the party that had the majority of votes was not the party that formed the government because the party with the majority votes did not have the majority of elected representatives. That is their own democracy. They accept it. So, what is important to me is that we accept that we have no alternative to democracy, therefore, we have to deepen it. Now, we have to look at how to handle the issue of ballot papers and ballot boxes. And the framers of the Constitution have anticipated that there would be election disputes and controversies and they have provided the way to deal with that, through election tribunals. And everybody has acclaimed our judiciary to be independent and I join them to make that acclamation. Why don't we allow the judiciary to do its job? Many members of my party have come to me to complain that they were rigged out and they have shown me evidence. And I tell them to collate the evidence and go to the tribunal. To me, that is what should be done. Some people blame INEC. I am not saying INEC is perfect, but is it INEC that thumb-printed ballot papers or snatched ballot boxes or put the tanker carrying 30,000 litres of fuel and gas cylinders to blow up their headquarters? Is it INEC that instigated the so–called militants in Bayelsa State? Is it INEC that killed policemen in Port Harcourt? If not for the grace of God … on Friday, the eve of the election, some people went early in the morning to where a cleric with substantial following was leading prayers in Kano and shot him dead. Is it INEC that did that? If some people did that to set things on fire, is that INEC?  And I have also said that all the political parties, including my own party, should share in the blame for all these problems. But I will not say that my party is more guilty than others. If parties and political leaders had all behaved the way they should, then we would have had a different story. When the political observers commented on the election, did they understand the complexities of our country? When I told one of them that this is a country with no fewer than 350 languages, he said it could not be true. There is no other country like Nigeria in the world. I am not talking of dialects but distinct languages that have their own complexities and challenges. In 1999, we had three political parties. Today, we have 50, most of them not in tune with the constitutional provision which says that political parties must be national.
 
 
UNQUOTE
 
This one paragraph is filled with a few accuracies and several inaccuracies, and pointing those out could be the subject of another entirely separate treatise.  What President Obasanjo failed to point out were;
 
(1)  his own role in delaying preparations first by overtly and covertly promoting the Third Term Agenda - which would have largely made new  elections unnecessary - until it was shot down in May 2006.  Quite frankly, that is when preparations began in full earnest and Maurice Iwu had to play "catch-up."
 
(2)  secondly, his own role in vindictively going after his own Vice-President Abubakar Atiku to prevent him by all means necessary from contesting for the presidency either within their common party (the PDP), or any other party for that matter. After Atiku defected to the Action Congress, attempts to indite him (and hence prevent him being listed as a candidate by INEC) and to expel him from the Vice-Presidency all failed in the courts of the land.  In the process, Obasanjo deployed Attorney-General Bayo Ojo in misinterpreting court rulings as if he was a one-man Supreme Court; EFCC's passionate Nuhu Ribadu in harassing and intimidating political opponents in the guise of fighting corruption;  and Inspector-General of Police Sunday Ehindero in withdrawing/supplying protective police forces at will at various government houses and polling stations for various nefarious activities.  President Obasanjo also strategically used the announcement of public holidays - ostensibly in preparation for the voting - to delay two critical Supreme Court rulings.
 
 
PROFESSOR MAURICE IWU
 
 
Enter INEC current Chairman since 2005 - Professor Maurice Iwu, arguably the most controversial and biased electoral umpire in Nigeria's history, and the fifth arm of the Obasanjo-Ojo-Ehindero-Ribadu-Iwu quintuplet.
 
No Electoral Commision Chairman in the history of Nigeria has escaped being accused of partisanship - not Chief . Eyo E. Esua (1964-66), Chief Michael Ani (1976-79), Justice Victor Ovie-Whiskey (1980-83); Prof. Eme Awa (1987-89),  Prof. Humphrey Nwosu (1989-93), Amb. Prof. Okon Edet Uya (1993); Chief Sumner Dagogo-Jack (1994-1998); Justice Ephraim Akpata (1998-2000), Dr. Abel Guobadia (2000-2005).   What complicates Iwu's matter over all the others are his incompetence, over-transparent partisanship and brazen brashness:  accusations of rigged figures are one thing, but this is the first time (to one's knowledge) that it is being reported that:
 
(1)  ballot papers arrived  in an overwhelmingly large number of polling stations as late as four to six hours - or NEVER at all;
 
 
(2)  many ballot papers were missing the names and/or faces of candidates and/or party logos; and finally
 
(3)  an INEC Chairman that constantly tongue-lashed the skeptical public AND the Opposition at every opportunity, and HAILED the presidential INEC-declared winner as the only one who should have/could have won BECAUSE he "visited all the states in the country." His verbal assaults during the announcement of the presidential results and at the presentation of a certificate of "win" to Umar Musa Yar'Adua were spectacularly outrageous:
 
 
 
  
Furthermore, ever since the 1963/64 elections of FEC Chairman E. E. Esua, this is also the first time that there were
 
(4)  wholesale disqualifications of candidates, but this time of  BOTH ruling party AND the opposition.  (It used to be disqualification of just the opposition,  whereupon the ruling party was returned UN-OPPOSED).  INEC's power to disqualify was  ruled non-existent by lower courts, but INEC refused to obey until confirmed following appeal to the Supreme Court. On the eve of the April 14 election, but before the Supreme Court ruling  of April 16, INEC (for example) unbelievably instructed the disqualification of the gubernatorial candidate of Adamawa State (AC candidate Mr. Ibrahim Bapetel) whose name was already on the ballot by asking INEC officials to strike out his name on all the ballot papers BY HAND!
 
Of course, some of Iwu's earlier histrionic promises  fell flat on their faces, resulting in the Senate now setting up a probe to ask where all our money has gone.  These included
 
- electronic registration, which turned out to be disastrous: too few machines, and too many non-functioning.  Where is the Voters Register anyway?
 
- electronic voting, which was shot down (thank God!) by the parliament as being un-tested, particularly in our poor electric power situation, and hence too risky;  and
 
- "nationally-enveloping" electronic transmission.   Which transmission? It turned out to be nothing more than Globacom GSM texting!
 
Let us bear those facts in mind.
 
 
WHAT DO WE DO NOW?
 
In the 2007 elections, ALL the bad things that could happen in ANY elections happened all at once.  Everything that could go wrong went wrong, either deliberately or indeliberately.
 
Despite all their public chutzpah, one cannot believe that Iwu's handlers expected things to be this bad.  Iwu exceeded their  "expectations" in delivering "victory", but in the process, he went above and beyond the call of duty - in local parlance, there was just too much "(I)wuru-wuru" -  thereby causing an  embarrassment to the nation.
 
Consequently he has to go, period.  The keys of the INEC office in Abuja should be taken away from him promptly so that he does not tamper with the Voters' Register as he said he would in trying to prevent local government elections from holding; or tamper with the INEC materials which the Court of Appeal has commendably ruled MUST be given to election petitioners to assist the cases that they are making. Finally the thought of Iwu being allowed to supervise ANY new elections in Nigeria is inconceivable.
 
In the future, no president (whether in the mold of President Obasanjo or not) should be allowed to choose an INEC chairman, or governor allowed to choose a State IEC, all by himself. A judge, retired or sitting, should be made INEC Chairman, with a Commission made up of members drawn from the major political parties and civil society.  INEC should be placed under the Judiciary, and should be INDEPENDENTLY funded appropriately from the Consolidated Revenue fund.  Finally, our elections should be staggered so that INEC is CONSTANTLY engaged in running a reduced number of elections each year, not the quadriennal election jamboree that would be clearly a logistic nightmare even for the most competent body.  This staggering will also lead to more stable composition of the legislative assemblies nation-wide, not the 80% haemorrhaging that has been witnessed in 2003 and now in 2007.
 
I rest my case.
 
_______________________________________________________________________________________________________
 
 
 
APPENDIX:  NIGERIA'S ELECTORAL COMMISSION [FEC/NEC/INEC, etc.]  CHAIRMEN FROM 1964 - 2007
 
 
S/N Date Head of State Name Picture
1 1964-66 Balewa (civilian) Chief. Eyo E. Esua http://www.nigerianmuse.com/images/Esua_Inec.jpg
2 1976-79 Obasanjo (military) Chief Michael Ani http://www.nigerianmuse.com/images/Ani_Inec.jpg
3 1980-83 Shagari (civilian) Justice Victor E. Ovie-Whiskey http://www.nigerianmuse.com/images/OvieWhiskey_Inec.jpg
4 1987-89 Babangida (military) Prof. Eme O. Awa http://www.nigerianmuse.com/images/Awa_Inec.jpg
5 1989-1993 Babangida (military) Prof. Humphrey Nwosu http://www.nigerianmuse.com/images/Nwosu_Inec.jpg
6 1993 Sonekan (interim; civilian) Amb. (Prof.) Okon Edet Uya http://www.nigerianmuse.com/images/Uya_Inec.jpg
7 1994-1998 Abacha (military) Chief Sumner Dagogo-Jack http://www.nigerianmuse.com/images/DagogoJack_Inec.jpg
8 1998-2000 Abdusalami Abubakar (military); Obasanjo (from May 1999) (civilian) Justice Ephraim O.I. Akpata http://www.nigerianmuse.com/images/Akpata_Inec.jpg
9 2000-2005 Obasanjo (civilian) Sir Abel I. Guobadia http://www.nigerianmuse.com/images/Guobadia_Inec.jpg
10 2005-date Obasanjo (civilian) Prof. Maurice I. Iwu http://www.nigerianmuse.com/images/Iwu_Inec.jpg