The Independent National Electoral Commission And Its Collaboration With The Peoples’ Democratic Party To Scuttle Democracy

By

Dr. Abubakar A. Muhammad

aamu645@libcom.com

 

 

The verdict is out that indeed the Independent National Electoral Commission has no constitutional power to disqualify any candidate from contesting the election once his or her party had screened the candidates and submitted such names to the electoral commission just for the purpose of verification. It is so annoying to say the least that the organization that is vested with the awesome power to arrange, plan, organize and hold elections will be conveniently oblivious of this simple rule. Time and again the commission had to be told by the Nigerian electorate, including the political parties, with exception of the PDP, that the power to disqualify any candidate’s aspiration to become an elected member of his party rests squarely on our courts who are above anyone of us in understanding the meanings and interpretation thereof of our constitution that gives all but a few individuals the right to vote or be voted for. It is therefore beyond reason and common sense that the organization that has repeatedly tried to assure Nigerians of its “independence and neutrality” would take the extra mile it did to soil its name as a partisan wing of the Peoples’ Democratic Party when it comes to its blatant and shameless support of the PDP’s position not to hold a truly fair and acceptable elections in April, 2007. If what we are seeing now in the area of INEC’s naked collaboration with the PDP junta under the firm hold of the dictator General Aremu Olusegun Obasanjo is a sign of its shameful role in the 2003 elections when it subverted the rights of Nigerians to elect their leaders, then we must remind the organization that this time around Nigerians are ready to lay down their lives to defend and protect democracy; it is time to remind the INEC any attempt to repeat its past performance to deny Nigerians to elect their leaders will have serious consequences to commission and its leaders who we know are card carrying members of the PDP; it is time to say to INEC ‘enough is enough’ and if they choose to scuttle the wishes and aspirations of Nigerians again they will be swept away and cleansed along with their criminal masters who reside in the Villa.

 

It is gratifying to know that on March 7, 2007, a High Court in Abuja sitting under Justice Babs Kuewunmi announced that only a court of competent jurisdiction could disqualify any candidate, hence putting to rest the evil intention of the INEC and its pay master, to cause such confusion and political uproar that would help him declare an emergency just close to the election days. Although in my heart I have the feeling the duo are indeed aware of this constitutional provision it went ahead with the agenda that was particularly aimed at stopping the now unstoppable vice president, Atiku Abubakar, and other heavy weight political enemies of the Asorock establishment. This commendable and courageous judgment today must have come to INEC and its PDP associates as a rude awakening, warning them that from now on our courts, will be working strictly according to the scripts of the constitution. In reaching his judgment, the Honorable Judge quotes section 32 (5) of the Electoral Act 2006 which reads: “If the court determines that any of the information contained in the affidavit is false, the court shall issue an order disqualifying the candidate from contesting the election.” The honorable judge however concurred that INEC could screen candidates by verifying their documents presented to it by screening to determine whether or not the parties that sponsored the candidates should be penalized in compliance with the provision of section 32 (6) of the Electoral Act of 2006. It reads: “A political party which presents to the commission the name of a candidate who does not meet the qualifications stipulated in this section, commits an offence and is liable to on conviction to a maximum fine of N500, 000.00.” Therefore it is abundantly clear that neither INEC, nor group or individual in Nigeria, no matter how highly placed have right to disqualify a candidate from contesting an election sponsored on the candidate’s behalf by a duly registered political party. The power of disqualification belongs to our courts. Whatever INEC decides to do with this ruling, it is not going to get its way as it had during 2003 when lamentably many of our courts either decided not to pass any judgment to wrong doing, or where they did, they collaborated with the incumbents and allowed them to reap from their election brigandage and robbery. It must be said in passing that it was because our courts failed to institute serious election legalities that we ended with the kind of thieves in the PDP in particular as ‘leaders’ or heads of governments, not to mention the many of those politicians who were merely drafted into the National and State Assemblies as well as Local Government Councils with no record of winning any legitimate elective posts. Is it any surprise one finds as the party of scoundrels is about to end many of these rogues and imbeciles are fighting each other through illegitimate impeachment processes and lately telling us how they have been looting our treasuries dry? Unless people are up and alert, INEC and PDP rigging engineers are working behind the clock to bring in another set of thieves at election polls and will be busy chasing away the real electorate from voting. Hence vigilance they say is a sign of providence and every adult Nigerian has a duty to be vigilant on election days.

 

The High Court’s judgment that has now destroyed, hopefully for good, INEC’s arrogance and intimidation of political parties to field strong candidates that can easily defeat the so called ruling party is the best news to all but one political party, the PDP. It means all those candidates that have been withdrawn by the opposition parties under the INEC’s ‘advice’ must be resubmitted to contest the elections as favorites of their constituencies and such decision by the opposition parties like ANPP, AC, DPP, APGA, NDP, AD, DPP, PPA, and others should not solely belong to leadership of the parties. It is one thing to suggest that leaders of political parties can make the best calculation of a winning ticket and quite a different ballgame when it comes to popular choice of the electorate, and in a democracy that should be the last word. It must be repeated that no political party can win an election when it abuses its power to submit a candidate by drafting someone who is unpopular with his or her constituency. I say this to advise those political leaders who withdraw the names of candidates that legitimately fought and won the primaries on account of the INEC’s bogus power to ‘disqualify’ candidates. I certainly salute the Action Congress that refused even under tremendous pressure to withdraw the candidature of Alhaji Atiku Abubakar under a well orchestrated blackmail of corruption charges against the vice president. My position is that the Action Congress presidential candidate remains innocent until the court declares him culpable and guilty of charges of corruption and therefore unfit to run for elective office. With this verdict also the All Nigeria Peoples’ Party should borrow leaf and restore the candidatures of all their contenders that were withdrawn over the avalanche of INEC’s concocted power to disqualify candidates ‘indicted’ by the selective and tunnel-vision Economic and Financial Crime Commission and its associate, the Asorock Federal Executive Council [AFEC]. Perhaps General Muhammadu Buhari should not be seen on the same side with INEC in its wanton destruction of democracy when it insisted it has the power to disqualify any candidates who has been indicted. Surely, the General is a stickler to rule of the Law, hence his insistence that those ‘indicted’ and then ‘disqualified’ by INEC could not be submitted. The truth is INEC’s position, according to our 2006 Electoral Law is wrong. In the wake of the High Court’s timely judgment, the General and the ANPP leadership will be advised that their party stands far better chance to win States and Federal Elections when rules of the party on choice of candidates are rigidly respected and adhered to.

 

The battle for the heart and soul of Nigeria is not yet over even with this latest dismantling of the INECGATE aimed at disqualifying credible heavy weight opposition candidates. According to recent news, the Federal Government said that the time frame for the April general election is short. If the news came from a third party personnel one could perhaps dismiss it as fairy tale. The announcement was reportedly made by the Minister of Justice and Attorney General of the Federation, Mr. Bayo Ojo soon after the meeting of the National State Council in Abuja. His words:”INEC said it would come up with the list on the 12th of March. And between the 12th and the 1st of April, 100 million ballot papers would be printed. That time frame is a bit short” He continues: “There are more than 50 political parties and the logistics of controlling the security situation at the polling booths is great.” In case some of us cannot figure out why the Minister would make such remarks, telling us his government would not be able to assure the nation a peaceful, fair and timely election I am of the view that he was reading the script written by his master in Asorock. It has the intended purpose of scaring people with these bogus numbers of ballot papers and how insurmountable INEC’s job is going to be should the elections go as planned.  He was also telling us if the elections are held as planned then PDP and Asorock stalwarts have already perfected the plan they used in 2003, the plan that did not guarantee safety of people who dared to go out to vote. The remarks of the Minister are unpalatable to say the least and shamelessly contradicted his boss’s recent remarks at a public forum where he tried to convince his audience that May 28 will be his last day in Asorock. But we have now been told the Minister had been ‘misquoted’ and he did not mean the elections would not be held. This latest denial of the Minister’s goofed and irresponsible statement is nothing new of the stinking gruel we have been forced to drink from Asorock and these nitwits always believe they can have it all by causing confusion within the Nigerian polity. Soon after the Attorney General’s treasonable statement that was vehemently condemned by both the public and the International community, OBJ sought for an immediate damage control tactic. The Minister of Abuja, Nasir El-Rufa’i, one of the Asorock diehards was sent to Washington to tell the International Community media group that the April elections would after all be held as planned and that INEC is ready to conduct the elections. He also took it upon himself to tell the media that Alhaji Abubakar Atiku, the Action Congress presidential candidate will not be allowed to contest the election. How does one react to such statement of arrogance from a Minister whose only visible role in the OBJ jungle administration has been to continue to disobey the courts in his uncaring, malicious and interest centered destruction of peoples property in Abuja, not to mention his disastrous role in the Third Term agenda and membership of Administrative Panel of Inquiry that illegally strikes out credible candidates from contesting in forthcoming April elections? We do not need Mr. Bayo Ojo, the Minister of Justice who is supposed to protect the laws of our constitution telling us the security needs for the elections are such that his government will fail to conduct the elections according to the stipulations of the constitution. H e ought to know that the Third Term scandal has been done away with and patriotic Nigerians are not prepared to tolerate this regime one day after May 29, 2007. The earlier those living in hired quarters of Asorock accept this truth the better it would be for them to conduct the elections as planned and leave by May 29th, 2007. As much as the National Assembly tries rather late to tame the illegalities of the partisan INEC from ‘disqualifying’ candidates opposed to the president and his PDP, the same agency must be reminded Nigerians will not under any circumstances concede any victory that is rigged. It amazes me to read that INEC is not accepting judgment of the High Court and so it goes to another court to ask for a stay of action on the candidates the agency has illegally ‘disqualified’ because they had been ‘indicted.’ This goes far to convince even the Doubting Thomas’s that INEC is indeed receiving instructions from its employer in Asorock.

 

It is a bit of good news the Arewa Consultative Forum has already reacted strongly, dismissing as unacceptable any excuse to elongate the failed regime of General. Olusegun Obasanjo beyond May 29, 2007. In retrospect Nigerians are also saying any elongation, under any pretext will be rejected by all means necessary. And surely the Hausa saying: “Taron yawa yafi taron karfi” [great numbers are superior than power] is true and if this government is thinking again to extend its life under any guise even after the collapse of the ignoble Third Term, then it will be held responsible by both Nigerians and the democratic International Community for the blood bath that may come about in resisting our tormentors and dictators all over Nigeria. As far as the average hardworking Nigerian is concerned, and including those who had been through hell to bring food to the table are concerned, there is no need for them to continue to suffer the same fate either under Baba Aremu or even his anointed Umaru ‘Yar Adua, who has recently been praising his boss’s ‘economic reforms’ that have been having heavy casualties on men and women of this great country. Ours is the only country in the world where economic reforms are specifically tailored to make life more abundant for those in the echelon of power and miserable for the poor; ours is the only country where abundance means scarcity because those in power have no fear of God when they privatize government assets and holdings only to give away sales of the same for themselves and their foreign friends under the guise of ‘free enterprise’; ours is the only country in the world where the central government takes delight of booting out 35,000 workers in one full sweep under the guise of its ‘economic reforms’ while the same government had in 2003 come up with a NEEDS program that promised 10 million jobs within few years; and Nigeria is the only country in the world where the current president is the head of his party, the head of his government and the head of the Ministry of Oil Resources through which he sells and or gives away public properties and oil blocks to himself, his family and cronies, all under the so called ‘economic reforms’ agenda. Where then is justice?

 

This is an important question Nuhu Ribadu, the anti corruption czar of the EFCC must answer as he told us his boss, the president, is not corrupt. If OBJ is not corrupt how was he able to buy the 200 or 600 million shares from the Transcorp holdings even as we are told his share was held in ‘blind trust?’ Thanks to the on going PTDF investigations and revelations from the vice president we now know Mr. President had dipped both hands and feet into our oil to fund the Transcorp enterprise for himself. Remember we are not talking about the president’s numerous other financial shady deals and financial       improprieties through which he is  building his library; owns the Bell’s chain of schools, the Otta Farms conglomerates, and other numerous Obasanjo Holdings, making him to be undoubtedly the richest man in Africa today. And yet Nuhu Ribadu is telling us his boss, the one time broke and bankrupt farmer and prisoner is not corrupt. Please Nuhu, where then is justice? For a true anti-corruption crusade in Nigeria one hopes and prays that General Muhammadu Buhari wins the presidency on May 29, 2007. He has already promised the EFCC of Nuhu Ribadu will not be dismantled. If this happens, Nigerians are confident the agency will operate the way it is supposed to be: non-partisan, independent and down in the trenches catching and taking high class armed-robbery thieves and rogues to courts without fear or favor as the agency has now been compromised under this corrupt president. Let us also hope the new and progressive National Assembly that comes into being on May 29, 2007, will take a deeper look to restructure the Nigerian polity as General Muhammadu Buhari has already indicated; a structure that allows true federalism and socio-economic equity and development for all sections of this great country. That day should hold great hope, pride, and dignity for Nigerians from all walks of life. But then as we celebrate, one hopes our current looters will be busy checking into the prisons where they rightly belong. The news just coming from the campaign trail of the ANPP presidential candidate, General Muhammadu Buhari, that one of his first assignments in office as president would be to have the current PDP government give account of its eight years stewardship is a welcome news indeed. While Alhaji Atiku Abubakar, the AC candidate, may, because of his current fight with the president decide to probe OBJ alone as a pay back, truth must be told that one cannot even in a wildest dream expect the PDP candidate, Alhaji Umaru ‘Yar Adua, to take the liberty to probe his own boss and numerous PDP shady deals should he become the president.. This difference in integrity alone sets General Muhammadu Buhari and other contenders poles apart and it is one of the many events that will make GMB’s coming to the presidency a true dawn of excitement for Nigeria.

 

 

 

 

Dr. Abubakar A. Muhammad writes from the State of Pennsylvania, United States of America