25 March 2001
opinion
Lagos — Abel Guobadia, doctorate degree holder in Physics and the Independent National Electoral Commission (INEC) Chairman has had a distinguished career in both the academia and the world of diplomacy.
But all the reputation he has built these past thirty years could, if care is not taken, go up in smoke in the next couple of weeks as the nation inches closer to the first election to be conducted by the incumbent political office holders. Louis Odion x-rays the man and the forces that are crystalising against him
Urbane-looking, Dr. Abel Ilube Guobadia surely does not come near the portrait of a First Testament character. But proverbially speaking, the Bini- born chairman of the Independent National Electoral Commission may already be risking the fate that befell his fabled namesake in the Bible, Abel, a victim of circumstances.
The foe in the old story, Cain, will now be taking the form of the contradictions in the constitution of the country. A situation that may not be helped by the fact that many are linking him with Chief Anthony Anenih, the strongman of the ruling Peoples Democratic Party and Obasanjo's seemingly omni-potent pointman.
The Section 156 (1) of the constitution cobbled together by General Abdulsalami Abubakar in 1999 which now regulates this new political order stipulates that no person shall be qualified for appointment as a member of INEC if he is not qualified for elections as a member of the House of Representatives. On the surface, that may sound innocuous. But, of course, it is assumed that no-one shall be deemed qualified to contest for the House of Reps without belonging to a party. And there exactly lies the new jigsaw puzzle.
In this respect, a major salvo has been launched by a leading member of the human rights community, Mr. Olisa Agbakoba, SAN. In a letter dated March 15, 2001, addressed to Dr. Guobadia and entitled "CLARIFICATION AS TO WHICH POLITICAL PARTIES MEMBERS OF INEC BELONG", the human rights activist raises pertinent constitutional posers which, no doubt, question the integrity of the INEC chairman. Agbakoba's letter reads in part: "I am very concerned that INEC members are by the provisions of Section 65 and 156 (1) of the Constitution of Nigeria, 1999, members of political parties.
Membership of INEC most curiously, depends on eligibility for elections to the House of Representatives. Section 65 (2) (b) says that no person shall qualify for election to the House of Representatives unless he is a member of a political party and is sponsored by that party. "Section 156 (1) stipulates that no person shall be qualified for appointment as a member of INEC if he is not qualified for elections as a member of the House of Representatives.
I take it for granted that appointment of members of INEC followed prescriptions of the constitution. May I respectfully therefore seek clarification as to which political parties you, as member of INEC, belong". Indeed, it is a no-win situation. For even if INEC members were to be "party members", their credibility would in the first place, be under serious doubt.
The exposition of this constitutional disability only further lends credence to the existing argument that the 1999 constitution is a farrago of nonsense. So much that, even in official circles, it is now tacitly recognised that the law book urgently needs a review. Already, both the executive and legislative arms of government have taken steps in this direction. For instance, the presidency has set up a committee to come up with proposals on how the constitution could be purged of its contradictions. The committee is inter-party in outlook.
The National Assembly, on the other hand, has its committee to review the constitution with members drawn from the Senate and the House of Representatives. Indeed, outside law court, commonsense should dictate that it does not make any sense for members of INEC to be card-carrying members of any of the parties. But legally speaking, the hands of members will surely be tied if the letter of that constitution is to be fully invoked. Of course, until that provision is amended, that portion will only be a recipe for endless litigations. The other headache the INEC chairman surely battles with today is the perception in some quarters that he is "Anenih's man". In an interview with THISDAY in Abuja on Wednesday, Guobadia dismissed this insinuation (see box).
One of the factors that gave rise to such reading is no doubt the circumstance that surrounded his emergence as successor to Justice Ephraim Akpata. He hails from Edo state just like Chief Anenih, whose influence in the corridor of power today has become legendary. The late Akpata also hailed from Edo state. In fact, both Guobadia and Akpata are described as "very close friends". And the INEC chairman would always describe his predecessor as a "big brother and mentor".
He says he had always seen Akpata as his hero while they were growing up in the same neighbourhood of Ugboka in Benin City. What many have, therefore, found very intriguing is how it was so easy for a "friend" to succeed a "friend" at INEC. Until his appointment, Guobadia, a modest man, was living in his one-storey building on Adolor College Road, Benin City, Edo state following his retirement from the public service after 30 years of a distinguished career. He is credited as one of those who fashioned the blueprint of the Igbinedion University in Okada, Edo state through an educational consultancy firm he set up on retirement.
The same outfit was instrumental to the establishment of the Federal University of Technology, Akure, University of Uyo and Delta State University, Abraka. He is actually on the governing council of the Igbinedion University. The influential patriarch of the Igbinedion clan and the Esama of Benin, Chief Gabriel Igbinedion, is known to be an associate of Anenih's. That may have explained why many people are linking the duo together. Many indeed see the hand of Anenih, the Big Man, in the appointment of Guobadia after Akpata joined his ancestors last year. On this note, the INEC chairman himself does not foreclose the possibility that Anenih could have had prior knowledge of his appointment.
He told THISDAY that it would have been no big deal for President Olusegun Obasanjo to decide to appoint him as INEC chairman without sounding out people like Anenih who is from Edo. But he does not see much in that even if it happened. It is not so much for this affinity with Anenih that is problem. Rather, the fear is whether Guobadia will indeed be able to rise above the sentimentalities of such bond, especially considering the critical times ahead and with the Works and Housing Minister boasting that there is no vacancy at the presidency and that there will not be come 2003.
Already, the INEC boss has dragged himself into some controversies over the issues of registration of new parties with some political actors accusing him of not working hard enough to make it possible for new parties to emerge particularly considering that the local government elections is less than twelve months away. In the beginning, Guobadia had pledged to be different: "As the nation's chief electoral officer, I promise to ensure that elections are managed so that everybody would see them as free." At a forum much later in Port Harcourt, Guobadia reportedly announced that INEC had done all that was necessary to get the draft law ready for provision for the registration of new political parties.
He was quoted as saying that "The constitution has given conditions for registering parties, but the enabling law has to be in place... The enabling law, when in place, whatever it says, we will do." So far, the conditions Guobadia gives for the registration of new parties are the "enabling law" and the "popular view of the people". But the first condition would seem to have been endorsed by the Senate which is disposed towards the establishment of more political parties "to promote greater participation and competition in the political system". With such an encouraging word from the senate, many expect that INEC should expedite action on the proposed enabling law on the registration of new parties. But, to a great extent, that will be dependent on whether the entrenched interests are indeed disposed towards the idea of new parties, especially considering that the sing-song in high places nowadays is that "there is no vacancy in 2003".
Of course, parties remain the ultimate vehicle to capture power. Without parties, power can only change hands by guns. And there are quite a number of groups waiting earnestly for INEC license to be called a party. From NEPU to PAM to NCP to NPF, NIG to FORUM 37. NEPU is a reincarnation of the old Northern Element Progressive Union and faces suspected to be behind it include Alhaji Abubakar Rimi and Alhaji Musa Musawa. PAM (Progressive Action Movement), on the other hand, is a coalition of young elements. Although the founders have denied reports that they plan to evolve into a party, its advertised objectives make a loud statement about its real motive. A statement issued last year by Mr. Akin Osuntokun, one of its conveners, stated that "the key objective of the movement is to actively nurture and promote the emergence of a successor generation of leaders who are commited to a more positive vision of Nigeria with a fresh and modern outlook, consistent with the global trend; and to seek the means of developing a national platform for political empowerment of a new generation of leaders."
The National Conscience Party (NCP) is the baby of renowned lawyer and social activist, Chief Gani Fawehinmi, who has,in fact, declared interest in the presidential race come 2003. Already, Gani has given indication to seek a court action that will compel INEC to register NCP as a political party in case it refuses to do so. The National Progressive Forum (NPF) is a coalition of progressive elements.
Last month, its promoters notably second republic actors met to map out modalities for the formation of a new party. The party which when eventually proclaimed will be in the mould of the defunct Social Democratic Party has such names as Chief Olu Falae, joint candidate of A.D and APP in the last presidential election, Chief Sam Mbakwe, one-time governor of Imo state, Chief (Mrs) Sarah Jubril, an aspirant in the presidential primaries of SDP in the aborted third republic, Chief John Oyegun, former governor of Edo state, Dr. Ezekiel Izuogu and Alhaji Rimi. According to Izuogu, the association is in response to "the need for the formation of ideological parties in the country." The National Integration Group (NIG) is also believed to be another party in the waiting. Some governors across party lines, members of both state and national assembly as well as business captains who are below age 50 are behind it.
"Forum 37" is at the instance of some state governors. The group met in Ilorin, Kwara state in February, though officially to "pay condolence" to their host, Governor Mohammed Lawal over an auto accident involving his aides. How Guobadia is able to sort himself out over these agitations in the times ahead will no doubt determine his own place in the history book. Indeed, there is an enduring jinx around the office of the nation's electoral officer. The question is: can Guobadia break it? ...Hero Today, Zero Tomorrow Among students of Nigeria's political history, the tradition is to always dismiss the office of the national electoral officer as "thankless". And for a good reason. The system seems to be good at rubbishing anyone who accepted to serve. Quite frankly, those who had the opportunity of rising to that office had always emerged from a respectable background. But often, they ended in "disgrace", abused by either the losing party or the government that appointed them.
From the story of Mr. Eyo Eyo Esua to that of Justice Ephraim Akpata, a common thread runs through: a great beginning, then a controversial ending. Mr. Eyo Esua was appointed by the Tafawa Balewa government to oversee the 1965 elections. He had a smooth ride until the national electoral commission under him decided to disqualify candidates of the United Progressive Grand Alliance (UPGA), the opposition party. While the candidates of the ruling party, the Nigerian National Allliance were returned unopposed. The general elections organised by the commission under Esua in 1965 were marred by massive arson, thugery, rigging and assassination of political opponents. The chaos that attended the entire exercise set the stage finally for the military intervention of January 15, 1966. The next man to head the electoral commission was Chief Michael Ani. He was appointed by the General Olusegun Obasanjo as the military prepared to disengage from power to give birth to the second republic.
Ani's own albatross was the 12 2/3 saga. After the presidential elections of 1979, the National Party of Nigeria could not poll the mandatory 1/4 of at least 2/3 of the 19 states that existed then. But NPN's lawyer, Chief Richard Akinjide, told the election tribunal that what was at stake was 1/4 of votes in 2/3 of the 19 states which he interpreted to mean 12 2/3 which was NPN's score and not the perceived 13. Based on that interpretation, Ani went on air to declare Alhaji Shehu Shagari the winner. This, of course, did not go down well with many. Ani grappled with that controversy till death.
Justice Ovie Whiskey was appointed head of the Federal Electoral Commision (FEDECO) to conduct the 1983 elections. His appointment by the NPN government in the first place was protested by the opposition party, Unity Party of Nigeria. UPN chapter of the then Bendel state had labelled him "NPN boy". This was because his ethnic origin (Urhobo) was largely opposed to the UPN. Such fears seemed to have been confirmed by the way and manner the elections were conducted. There were many instances of "disappearance" of ballot boxes. When they re-appeared, they were filled to the brim by "ghosts". Some returning officers also disappeared on the way to the state capital. Many did not re- appear. Amid all these irregularities, the incumbent NPN was announced winner. Ovie Whisky would later debunk the allegations of undue pressure and bribery by government.
While defending himself before the Buhari tribunal, he elicited laughter by saying: "In fact, if I see N1 million, I will faint. I have challenged everybody, if you see any account in Ovie-Whiskey's name in any country in the world and the account has even N10,000, shoot me." Professor Eme Awa, on the other hand, was appointed chairman of the National Electoral Commision in 1986 only to booted out unceremoniously in 1989. He successfully organised the local government elections in 1987 and repeated the feat in the subsequent Constitutional Assembly elections.
Widely regarded as incorruptible, Awa had handed over to the police a senior NEC official who inflated contract sum and embezzled money. While giving insights into the circumstances that led to his removal several years later, Eme Awa said that he fell out of favour with the Babangida regime because he refused to yield to pressure from official quarters to manipulate the election results of certain local governments. He was replaced with his old student, Professor Humphrey Nwosu. Nwosu would perhaps easily qualify as the most controversial umpire till date. Famous for his theatrics, he piloted the affairs of the electoral commission for four years which saw the nation shifting the electoral goal-posts often. Politicians were banned, unbanned, banned and again, unbanned.
Secret ballot was supplanted with open ballot and later open-secret ballot. The nation had been turned to one huge lab for all kinds of crazy experiments. This penchant for the unorthodox apparently reached a head with the introduction of Option A4. But contrary to public misgivings, the formula saw the emergence of the flagbearers of the Social Democratic Party and the National Republican Convention for the now historic June 12 poll. But the Babangida regime did not allow the wheel of Option A4 to turn full circle by annulling the result of the presidential election won by Chief MKO Abiola. Nwosu was later dropped unceremoniously by the Babangida regime. Professor Okon Uya was appointed the successor. Uya could be described as the chairman who had the shrotest reign. He was supposed to conduct "fresh" election after the annulment of the June 12 results on June 23, 1993. His appointment did not go without protest from some quarters.
One, he was alleged to have once been a card-carrying member of NRC. A defiant, Uya stood his ground. Apparently having the premonition that the show would not last, he began with a contracts-awarding jamborees. He went ahead to organise seminars on how to make the "fresh" elections which was scheduled for March 1994 possible. But the Abacha coup of November 17, 1993 put paid to all that. Chief Sumner Dagogo-Jack was appointed as chairman of NECON.
For all the years he was in office, Dagogo-Jack did not leave anyone in doubt that he was merely acting the official scripts. He licensed the five parties (better known as "five fingers of a leprous hand"). The circus show climaxed with the coronation of General Sani Abacha as "consensus candidate" of the parties in April 1998. The farce ended with the sudden of General Abacha on June 8, 1998.
The appointment of Justice Ephraim Akpata later as chairman of the Independent National Electoral Commission by the General Abdulsalami Abubakar regime was, however, greeted by national acclaim. He was a man that had proved his mettle on the bench. Given that the time-table allowed a "short time", he was able to complete a party-registration process that stirred less controversy.
The conduct of the elections from the local government level to the federal level was widely acclaimed as impressive but for the allegations of "votes-buying" on a grand scale during the gubernatorial and presidential elections in February 1999. Now that we have Goubadia in the saddle, there are fears, genuine fears that the nation,s nascent democracy is headed for danger with threats and counter threats of bloodshed over elections that are still about two years away. How the old man comports himself in the next twenty four months will determine his place in history. If he alligns with those who see no vacancy in Aso Rock and are already making cold calculations to 'deliver' then he too may end up the way of his predecessors. The choice, as they say, is his.
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