The Imperatives Of Free And Fair Elections

By

General Muhammadu Buhari, GCFR

Being an invited paper in Honour of  Late Mr. Jerome (Jerry) Tala GOPYE Presidential Running Mate to Chief Gani Fawahinmi of the National Conscience Party (NCP) in the 2003 General Elections on Saturday July 22, 2006 at Arewa House, Kaduna.

Mr. Jerome Tala Gopye (1954-2005), the man we are honouring today,  was born on June 15, 1954 at Kabwir village in Kanke Local Government Area of Plateau State.  Mr. Gopye started his elementary school at RCN Primary School, Kabwir from 1962-1968.  He joined the Nigeria Prison Service after primary school in 1972 and voluntarily retired in July 1996.  While in the Prison Service he obtained his GCE O Level through private studies and later obtained a Diploma and an LLB Honours Degree in law from Ahmadu Bello University, Zaria in 1989.  After his retirement he started private legal practice in Kaduna by opening the Gantang Chambers until his death.  It is clear from his resume that he was very hard-working and had risen, through dint of hard work, from a Recruit Warder to Assistant Legal Adviser, Legal Unit of the Ministry of Internal Affairs. 

An interesting thing to note is that by being in the Prison Service at the junior level rising steadily through the ranks and up to senior level Mr. Gopye has seen suffering and injustice at close quarters.  Perhaps that explained why he decided to join the National Conscience Party to help wipe out the crashing poverty, in the mist of plenty, that is so widespread in this part of the country.  The NCP needs to be congratulated for promoting industry and concern for the common good which is epitomized in the life of Mr. Gopye.  .

1.         The topic of this short discussion is the imperative of free and fair elections in Nigeria.  I have said on so many occasions that democracy is the best form of government provided elections are free and fair. And are seen to be so.  Perhaps that is why successive past independent Constitutions have put emphasis on credible elections.  For example, the 1999 Constitution under Directive Principles of State Policy state that “power resides with the people who must elect their leaders through free and fair elections”.  So, any process, which seeks to bring out leadership other than in a transparent, free and fair way would run counter to the requirement of the 1999 constitution and would therefore be illegal.  I am a victim of a rigged election. Perhaps that explains why I am concentrating much of my energy and time on the need for free and fair elections as 2007 draws near.   The question to ask, is the infrastructure now on the ground, capable of conducting free and fair elections today or in 2007?  Let us look at the facts.

2.         First, INEC as presently constituted – the organization whose primary responsibility is to organize elections in Nigeria is not different in any fundamental way from the one that messed up the 2003 elections.  Many of the individuals that rigged the elections in 2003 are still prominently there - some of them even in higher position. Many of them are card carrying members of the ruling party, the PDP.  If comments in the press are anything to go by, it would appear that many people lack sufficient faith in this organization to conduct free and fair elections, even if allowed to do so.  These fears are not far fetched.  The attitude of the organization in the conduct of isolated bye-elections clearly confirm such fears.

Next, the Government: - Although a new electoral law  has just been signed into law which if carefully followed could bring about a satisfactory election outcome, the government at the centre is unlikely to observe the provisions of the law.  A government which frequently breaches the constitution and does not respect court orders, cannot be relied upon to obey the provisions of the electoral law. 

The head of the government makes all the decisions and releases funds to INEC at his pleasure.  Moreover, his unholy use of the security apparatus and courts leaves many people in the opposition parties uncomfortable.  A President and a self-styled leader of a ruling party who refuses to allow its leadership to emerge in a democratic way, is unlikely to allow free and fair elections to hold.  We can recall how, in one fell swoop, the leadership of the PDP was changed.  In this party nobody matters from the ward chairman to the National Chairman.  Each can be removed or appointed at the whims and caprices of one man!

3.         There is so much talk of reforms.  Reforms is the constant refrain and the buzz word in this government.  We should not forget that in the middle  to late 80s it was the Structural Adjustment Programme (SAP).  What is the result?  In any case why are they not talking about electoral reforms?  When would a winner of an election be declared and a  mandate given by the people be allowed?  Without electoral reform, all other reforms would pale into insignificance.

I am afraid this reform-mania has gone into the psyche  of many sensible aspirants. Even in some opposition parties candidates are competing amongst themselves that they would continue with the so-called reforms. 

Of course, I should not be misunderstood. We are not against reforms.  Just like democracy, globalization of the economy remains unstoppable.  Nations which ignore them do so at their own peril.  However,  for reforms to work, they must pass the test of legitimacy,  care for the basic security, educational and health needs of the ordinary people.  They must be subject to proper regulation.  Above all, politicians must state clearly in their campaign manifestoes what they intend to do, so that people would know what they are going into before a new government is formed. 

The NEEDS document which encompasses the reform policies of this government were brought to Nigeria through IMF sponsored policies several months after the elections of 2003.  It was neither a PDP programme nor endorsed by the national legislature. 

In fact, the banking consolidation by fiat  is not even in the NEEDS document!  What we have are not reforms but the consequences of actions by several players within the government, many of whom are at cross purposes and some are teleguided from abroad.  No wonder the success of the reforms is not translated on to the faces of our people but to the faces of the operators only.  The failure to coordinate these policies arose because the President is busy junketing about, does not trust his partners and assistants and acts on impulse.  Take the privatization issue for example.  This has been going on since the SAP days.  But under this government, it has taken a sinister dimension as important national institutions are being auctioned to cronies and proxies of the men and women in power at ridiculously low prices.  Even the so-called GSM revolution is an accident. Without disciplined implementation of set programmes, all we have is confusion in the affairs of our country.  This fact is now apparent that even external supporters of this regime are beginning to realize this fact.  So much so that the Fund for Peace second-annual Failed State Index for 2005 lists Nigeria as 22^nd in a list which classifies the first twenty as failed states! 

4.         Many parrots are saying they intend to continue with the policies of this government without realizing that the country is being destroyed.  All the same, we think that the government would do itself a lot of good if, before it goes, it develops and faithfully embarks on electoral reforms.    It should also ensure that:

a)         The security forces which are paid with public funds to protect the lives and property of the people are not misused to maim, and destroy lives and property as happened in 2003. 

b)         INEC  must be re-organized with credible and impartial people manning its strategic positions to conduct free and fair elections. And it should be timely and adequately funded.

c)         Judiciary is not infiltrated or corrupted and is encouraged to be impartial and just.

d)         Public Media must give impartial and equal coverage to all candidates and parties.

e)         And of course on their own part political parties and politicians  must play the game according to the rules especially in the conduct of their primaries.  As the saying goes he who seeks equity must do equity.

5.         To prevent a repeat of 2003, Nigerians should be prepared to organize and protect their votes and prevent rigging.  This, I believe, can be done as the Lagos and Kano examples have shown that people can be mobilized to defend their votes.  There is no better way to defend democracy than to ensure free and fair elections.  But people must to be prepared to work for it.  Taking a cue from the Federal government, State governments are doing even worse. 

The local government elections which came after the INEC organized elections were a travesty.  Now that another round of local government elections is due in November this year, people must mobilize and defend their votes and their choice. The defeat of third term is re-assuring.  Nigerians have the capacity to defend their rights.

6.         I also wish to advise friends of Nigeria abroad and those foreigners who want to invest in Nigeria that it would be in their interest, as our prospective partners, to support unequivocally, a peaceful transition through free and fair elections in 2007. 

They will not only be protecting their investments but will save themselves from being called upon to be undertakers of a collapsed country.  Furthermore, I wish to call all democratic forces to join hands with us and ensure free and fair elections.

7.         It is the duty of the elite to wake up and get involved in the political process.  Any serious observer of Nigerian political affairs will agree that there is a disconnection between the elite and the masses.  This communication gap between the elite and the masses is largely responsible for the backwardness of the country.  Politics is too important to be left only to the politicians.  We all must get involved.  The events in the last seven years in the political front are food for thought. 

So much resources have accrued to the government during this period with little positive effect on the people.  The elite must leave the comfort of their houses to come down to educate and mobilize the people of their political rights and ensure that only people with interest to serve the people are elected into all levels of government.

With God on our side we shall surely succeed.

Thank you.