Nigerians should not allow one party rule, says Onu (3)
Text of a lecture delivered by Dr. Ogbonnaya Onu to the National Assembly caucus of the ANPP at the National Assembly Complex, Abuja on August 3, 2004. Onu is the first elected governor of Abia State and 1999 presidential flagbearer of the then All Peoples Party (APP), now All Nigeria Peoples Party (ANPP).
EVEN this Administration has indirectly acknowledged the negative effect which denying the people their sovereign control over their government could have on the efficient management of public funds. When the Governor of Ekiti State led a delegation of Royal Fathers of the State on a courtesy call on the President at the Presidential Villa, Abuja, in June 2004, the President had requested the Royal Fathers to monitor the Chairmen of Local Government Councils with respect to how they manage funds allocated to them. It is widely known that most Royal Fathers in the country report to Chairmen of Local Government Areas. In such a situation, such monitoring, as suggested, may not be effective. In any case, this would not have been necessary if the people had not been stripped of their power to use the ballot box to remove from office, those who do not govern well. If the votes are allowed to count, as it should be in elections, then any Chairman who misuses public funds meant for the Local Government would easily be voted out of office. That would have been the best safeguard for the protection of public fund.
Every democratic institution, every agency of the Executive that is directly involved in the election process has been adversely affected by the nefarious scheme to impose one party rule on the country. These institutions and agencies have become weaker and more despised by the people. Their credibility has been reduced. The net effect is a government whose foundation is weak, that employs force instead of persuasion, whose aggressiveness and stubbornness constitute a ploy to conceal its credibility problems. Instead of using conciliatory words for its people it prefers to be harsh and abusive. Also instead of working with the opposition, it prefers to destroy it.
I have already mentioned the efforts of the Executive to subordinate the Legislature and make it appear weak in the eyes of the public. This has not abated. In January the 2004, the Executive went ahead to implement the imposition of a Fuel Tax on Nigerians, an item which was included in the 2004 Budget Proposal, which the Legislature had not even considered not to talk of approving it. This was a scandalous usurpation of the functions of the Legislature. Even though this was later withdrawn, after the threat of a national strike by the Nigeria Labour Congress (NLC) loomed large, the harm had been done.
On May 18, 2004, a State of Emergency was proclaimed in Plateau State. All democratic institutions at the State level involving the Governor, Deputy Governor and House of Assembly were suspended. Section 205 of the Constitution, which was cited as the authority for the action, did not authorise the suspension of those elected officials. A law made by the National Assembly was needed to do this. Yet the Executive went ahead without such a law. Again the National Assembly was disregarded.
To make matters worse in proclaiming the State of Emergency, the President had said that the procedure for law making in that State in the prevailing circumstance "will be in the form of regulations" which the Sole Administrator "will submit to the President for consideration by the Federal Executive Council and promulgated by the President for the State". The President, everyone knows is Chairman of the Federal Executive Council and he nominates all members of the Council. His pronouncement raised a very serious question as the President, who is also the Head of the Executive
This was disturbing particularly as Section 11(4) of the Constitution makes it very clear that "at any time when any House of Assembly of a State is unable to perform its functions by reason of the situation prevailing in the State, the National Assembly may make such laws for peace, order and good government of that State with respect to matters on which a House of Assembly may make laws as may appear to the National Assembly to be necessary or expedient until such a time as the House of Assembly is able to resume its functions and any such laws enacted by the National Assembly pursuant to this Section shall have effect as if they were laws enacted by the House of Assembly of the State."
The only other time that a State of Emergency was declared in any part of the country in a democracy was in 1962. The difference then was that Nigeria operated a parliamentary system of government. The Head of Government was the Prime Minister. The Prime Minister was first and foremost, elected by his constituency as a legislator. He became the Prime Minister by virtue of his political party having majority of the members of the Federal Parliament. The Prime Minister did combine executive and legislative duties. Under the current presidential system of government, the three arms of government are not only equal but separate. Hence the Constitution in Section 11(4) was careful to ensure that the separation of duties was carried out even in emergency situations. The Executive should not have attempted to usurp the functions of the Legislature. On May 20, 2004, I issued a Press Statement condemning this constitutional violation by the Executive. I am happy that arising from the outcry of many other Nigerians, the National Assembly now legislates for Plateau State.
The emasculation of the Legislature by the Executive is disturbing. A weak, emasculated and dependent Legislature is not good for the system of government we operate. It is also not good for the country. However, it can unfortunately be considered good for an Executive whose interest is guided by what can guarantee for it, total control of power and authority in the country. It is rather unfortunate that in the process of achieving its self interest, it ignored the warning of Harold Laski to the Effect that unlimited power is poisonous, both to those who exercise it and to those over whom it is exercised."
For the past five years, this Administration has consistently chosen which court orders to obey. This has been very disturbing. If an individual disobeys court orders, it is unacceptable because even if one does not like a law, one cannot disobey it. However, it is worse when the Executive, which is expected to compel others to obey court orders, decides to disobey them. When the Executive disobey lawful orders from a competent court, it undermines the independence of the Judiciary, ridicules our judges and frustrates the course of justice in the country. It creates a very bad image for our judges and the courts. It diminishes and reduces the confidence, which Nigerians should have I their courts and their judges.
A very dangerous trend is emerging in the country where the ruling party, the PDP, with the connivance of this Administration, cover up accusations of criminal activities involving its members under the cover the they are purely against important members of the party, such as members of the National Assembly, Governors and Ministers have been overlooked because they are termed family matters which the political party should settle. The Constitution is clear on how criminal matters should be handled. The PDP has deliberately prevented the Inspector General of Police from doing his work of investigating serious allegations of criminal activities against citizens of the country, belonging to the PDP. We have gotten to a point where once a crime in committed, no one anymore looks at the crime but rather on who committed it. If the person belongs to the opposition , then the full weight of the law will be applied. On the other hand, if he is a members of the PDP, the matter immediately becomes a family affair. The powers of the State become an umbrella, like its symbol, shielding such a person from the pain of investigation, prosecution and conviction. This cannot be right.
The arrest and attempted abduction of the Governor of Anambra State, Dr. Chris Ngige, on July 10, 2003 by a serving Assistant Inspector General of Police broke the immunity of the Governor without due process, in contravention of Section 308 of the Constitution. It undermined our democratic practice and was an embarrassment to the nation. The PDP saw such a heinous act as a family affair. A year later on July 10, 2004, when the Anambra State Government wanted to celebrate the first anniversary of its Liberation Day, again the PDP directed it not to do so. This is very disturbing because such a celebration was not a party matter, but a State Function organised by a Federating Unit in the country whose citizens belong to different political parties, including the PDP.
Nigerians are no longer equal before the law. It is sad but true that there are now two classes of Nigerians, as far as law enforcement is concerned. Those in opposition, on whose head the hammer of the full weight of the law descends, constitute the first group. The second group is made up of those in the ruling party for whom the umbrella of protection opens wide for their use. If someone in the fist group commits an offence, it goes to court but if the person is in the second group, the ruling political party becomes both the police and the court to do the investigation and prosecution of such criminal offences.
The sad effect is that the rule of force replaces the rule of law. The rule of the mighty replaces the rule of the just. People takes to violence, instead of embracing negotiation and compromise. People take laws into their own hands and resolve conflicts brutally and instantaneously using the law of the jungle instead of embracing the civilised conduct of human agitation, discussion and persuasion. Is it any longer surprising that tension has been high in the country, year after year, with so much blood shed, property destroyed, human misery and sorrow inflicted on many innocent people Is this not a very high price we pay for undermining the confidence which our people should develop in our courts so that they can be true sanctuaries of justice
The way the recent national strike of June 2004 ended provides a good example of the huge price the nation can pay when people believe that the Executive disobeys court orders. Even when the Executive promises to obey, people are sceptical, waiting to see whether the promise is kept or broken as in the past. When the people woke up on Democracy Day in 2004 to discover that the prices of petroleum products were raised, the NLC vowed to go on strike unless the increases in price were reversed. The NLC set June 9, 2004 as the date the strike would commence for a 21 day period in the first instance. On June 8 Justice Roseline Ukeje of the Federal High Court, Abuja, in her ruling, ordered oil marketers to revert to pre-February 9, 2004,prices. She also directed NLC to shelve its planned strike. The Federal Executive and its relevant agencies immediately announced that it would obey the court order and directed oil marketers to revert to pre-February 9, 2004 prices. The damage which the conduct of this Administration in the past, as regards keeping promises and obeying court orders, had inflicted on the trust which the people should have for their leaders was so severe that both the NLC and majority of the oil marketers did not heed the call by government.
The NLC proceeded on its strike. Hence when it commenced on June 9, 2004, millions of workers did not go to work. In many parts of the country, offices were closed, banks were locked up, factories were shut down, streets and major roads were deserted and markets were closed. It was as if they country was asleep as most people stayed in their homes. Labour leaders, who could not trust the government, insisted that the strike would go on until prices of petroleum products were rolled back to pre-February 9, 2004 level. The oil marketers complained that the NNPC had not made adequate arrangements to ensure they did not sustain losses with the stock of products they had at that time. The strike had to go on fore three days. It was in the late afternoon hours of the third day, that it was called off after it became obvious that the prices were being rolled back.
If things had been normal, if things were the way they should be, if we had an Administration the people could trust, a pronouncement from government should ordinarily carry the force of law. All the lost man and woman hours, the huge loss to our national economy for not working for three days, in addition to the tension in the country could have been avoided.
The three-day national strike organised by NLC would have been prevented if this Administration had in the past shown sufficient respect for the courts. Its actions have been damaging. Notwithstanding its efforts to reduce the high esteem with which the people should hold our judges and our courts, yet the judiciary has the capacity to save our dear country. They can help move our country from being a drowning boat to a beautiful ship that can sail safely and smoothly on all seas and oceans throughout the world. They can help move our country from the valley of despair, uncertainty and disillusionment to the mountaintop of hope, stability, prosperity and progress. They can also help move our country from the desert of scarcity, unemployment and want to the luxuriant garden of plenty and contentment.
It should worry every Nigerian that whatever irregularity, malpractice and fraud that occur in our electoral process, the leadership of the ruling party urge all those who are victims to go to court for adjudication. Majority of these victims refuse to go to court. Many, trouble spots in the country arise because instead of people going to court, they take laws into their hands and unleash violence, pain and sorrow on their neighbours.
Some of our judges are about the best in the world. Many men and women on the Bench have shown extraordinary courage in the landmark judgements they rendered in very difficult cases in trying times. They should meet on how the best among them can help save our nation. Many of the problems confronting the country, some of the tension in the nation, some of the violence leading to the death of Nigerians, including innocent women and children, some of the crimes sending to early death, many of our best men and women can be traced to our inability to conduct free and fair elections. The people must ensure that they votes matter for democracy to endure.
Our judges can make our tribunals and courts the true home of justice. They must resist the manipulation and interference that must come. It is not going to be easy. However, they must realise that the spirit of the founding fathers of modern Nigerian will be with them. The collective conscience of the nation will support them. Also posterity as well as the hidden hands of history will be kind to them. If this is done, the miraculous hands of nature, which is the companion of fairness and justice, will begin to smoothen the rough edges on the roads which Nigeria is travelling, such that things will start to change for the better. I strongly appeal to them to endeavour to bring to speedily bring to an end all election petitions before them. This is the second year in which these cases have been in court. Deciding them, either way as quickly as possible, will help increase the confidence the people have in their courts and judges.
Even the press have not been spared. By using government owned media to announced election results, which the people know is incorrect, the government owned media are compromised there by reducing their credibility. Many Nigerians, who have the choice of watching different television stations and listening to various radio stations owned by government, no longer believe the content of their respective news items. This is disturbing because government owned media have in their employment, a large percentage of our journalists. It is sad that during elections, these journalists, some of whom are among the best in the world, are made to disregard th ethics of their profession by reporting what is not the truth as well as presenting to the public, news that is not balanced.
For the past five years, journalists have been spared arrest, detention, harassment and intimidation by this Administration. Even though the level of harassment has reduced, compared with what obtained during the tenure of many of the previous military regimes, yet it is absurd to deny even one person his freedom in a democracy. Journalists, within the past five years, have been arrested, detained and in some cases their equipment were either destroyed or confiscated. As Nigerians celebrated the Democracy and Thanksgiving Day in 2004, four journalists were arrested in Rivers State over stories they wrote in their newspapers. It is disturbing that this pattern of harassment has not stopped, six years into the tenure of this administration. It would have been more acceptable to take any journalist to court over stories in newspapers and newsmagazines that may infringe on individual rights or any of our laws.`
This administration has done so much harm to our men and women in uniform. By involving our soldiers in election malpractice and some other police duties, this Administration has helped to make these uniforms arouse fear and resentment from many of our people. By this action, they want the people to despise, dislike, detest, abhor and hate our sons and daughters in uniform, who ordinarily should be the pride of the nation. Ordinarily they should be our heroes and heroines who should receive affection, respect and honour from the people, because they are always ready to pay the supreme price for the love of their fatherland as well as the safety, security and happiness of their fellow citizens whom they swore to secure. How would affected families who lost their loved ones in Odi, Bayelsa State in 1999, Zaki Biam, Benue State 2001, Ohoror-Uwhere, delta State in 2004 and many other places in the country where Nigerian guns killed Nigerians, feel when they see our men and women in uniform Our solders, who have distinguished themselves in peacekeeping operations all over the world, should rarely be used to perform internal security duties so as to continue to command the respect which they deserve. Nothing should be done to denigrate such a vital institution.
It has become commonplace in many parts of the country to find men in army uniform performing police duties on our roads. We know what happens on our roads. Would it be wise to routinely expose our soldiers to that level of temptation How would this affect the soldiers when they return to the barracks
The most disturbing is the fate of our military pensioners in particular and other pensioners in general. Pensioners have continued to show their frustration over the non payment of their benefits. For over five years in the life of this Administration, they have, without success, adopted many different methods to attract the attention of the authorities which should perform its duty to pay pension benefits. For over five years, their sad situation has not improved. They started by camping near the relevant offices of the Ministry of Defence in Lagos and later moved to Abuja. They camped outside, day and night, exposing themselves to the elements. When this did not work, they changed their tactics. During the Armed Forces Remembrance Day Celebrations, they carried placards in many State Capitals across the country. Yet this did not work. Now, they have publicly threatened to kill the Minister of Defence and all those whose responsibility it is to pay their pension benefits.
What a pitiable state the country has found itself. Men and women, who in their youth, were prepared to lay down their lives for the survival of their country and safety of their fellow citizens, are in their old age treated shabbily and denied their legitimate means of livelihood. How can we nurture patriotism and love of country among the younger ones if they see that the old ones, who gave their best in their youth, are allowed to die of hunger in their old age It is sad that this is happening to pensioners when this Administration is in its sixth year in office. Why has it taken that long without finding a solution to this important problem It is important to observe that if this continues, we may have problems, in future, to attract people into the military. Children of retired soldiers, who are witnessing the problems their parents go through in their old age, would be relctant to enlist in a profession that treated their parents poorly when they needed help the most. It is hoped that the Pension Act which has just been signed into law, can help bring to an end this human suffering.
This administration has been very unkind to the police. By exposing the police to election fraud and malpractice, it has reduced the dignity of our policemen and women as well as lowered the esteem with which the people hold them. As a son of a policeman, I recall how my father used to speak in glowing terms of the days past, when policemen and women were regarded as the best friends of the people. My experience as Governor of Abia State showed me that if the police could be encouraged and looked after, they were capable of accomplishing great things. By the time Abia State was created in August 1991, the part of then Imo state, which later constituted Abia State accounted for as high as 72% of the violent crime in then Imo State. When I was inaugurated as Governor of Abia State in January 1992, the rate of violent crime in the state was high. By encouraging the police, within one year, the violent crime rate was drastically reduced. The achievement recorded, was so remarkable that the then inspector general of police wrote two letters of commendation, in a single year, to the Abia State Police Command.
It is during the tenure of this Administration that policemen and women, for the first time in the history of our country, went on strike in order to get paid at the end of every month. Very recently, junior police officers has threatened to kill the minister of police affairs and others if by the end of July 2004, their conditions of service have not improved. In June 2004, some angry policemen and trainees set fire to buildings in the Nigeria Police Training School in rivers state. We live in a very unusual time.
Even INEC has not been spared. Every democratic institution and agency that has anything to do with elections has been weakened, whether it is independent or not. I have earlier shown how the INEC was frustrated from doing its work through lack of funding. The local government election could not be held in 2002, when it was due, because INEC had not been funded to revise the Voters' Register. The SIECs, across the country, needed a revised voters' register from INEC in order to conduct the election.
We have so far discussed some of the numerous efforts made by either an individual or a small group of individuals in the ruling political party to weaken and undermine democratic institutions. Dictatorship can only thrive and flourish where the institutions that can curb it are weak and emasculated. Hence we want a democratic Nigeria where institutions are stronger than individuals no matter how highly placed they may be. What we unfortunately see developing, is a situation where individuals act as if they are greater than our national institutions. This has led to instability, despair, disunity, chaos, disorder, indiscipline, abuse of power and executive dictatorship. We must always remember that it is when institutions are stronger than individuals that there is stability, continuity, hope in the future, peace and prosperity. When an individual decides to rise above our institutions, he cannot be said to be patriotic because it is his greed for power that is the driving force for his actions. He cannot also be said to be bold, strong and courageous because he is driven by self interest and not the common good. He cannot be said to be a leader because he has no respect for the laws of the land. Such an individual cannot truly serve the national interest because what preoccupied his thoughts is how to remain in power.
The vehicle which dictators use to remain in power, as long as possible, has always been one party rule. One party rule proceeds in steps which start almost unnoticed initially, but later grows into full blown authocratic rule at a time it becomes more difficult to reverse. It is necessary to carefully examine event taking place in the country so that we can find out where we stand, as it concerns the possibility of the emergence of a civilian dictatorship in the country. This administration, without year - democracy and Thanksgiving Day. On such a day, Nigerians are expected to count the blessings of democratic rule and also thank our Creator, the Almighty God, for everything He has done for us, as a country.
Under a true democratic rule, such a day should be one that Nigerians should at least be happy. Even if they ate not, for whatever reasons, no democratically elected government should add to the worries of the people on such a day. However, on the Democracy and Thanksgiving Day in 2004, insensitivity got a new definition. Nigerians across the country, on that day woke up to find that prices of petroleum products were increased by the actions of this Administration. The prices of petroleum products were increased ingnoring a subsisting court order even when the substantive matter had not been disposed of in court. This was done neglecting the huge cry of the citizens that they were already carrying a heavy burden.
President John Kufor of Ghana had refused to allow increases in prices of petroleum products in his country. He did this even though the effect of increases in international price for crude oil would bite harder in Ghana, which does not produce crude oil, more than in Nigeria which is the largest producer of crude oil in Africa and the sixth largest exporter of crude oil in the world. How else can one explain this than that Nigeria had a Federal Executive that was insensitive to the crises of the people Many Nigerians, on that fateful democracy and Thanksgiving Day, spent the day with anguish on their faces, tears in their eyes, disbelief in their heads and fear of the future in their hearts.
Every efforts was made to weaken and if possible, kill opposition in the political arena. Some of the methods adopted are both unorthodox and unpresidential which amount to serious abuse of power. However, this is not the subject of this lecture. Nonetheless, what is disturbing, is akin to a situation where you beat a child and still want to stop it from crying. On May 3, 2004, when the Conference of Nigerian Political Parties, CNPP, held a mass Action in Abuja protesting the irregularities of the April 2003 general elections and the March 2004 Local Government election, every effort was made by this Administration to frustrate the Action. Sopisticated weapons, including armoured tanks, were employed against defenceless Nigerians, including women and children. Even with armoured tanks staring them in their faces and nozzles of guns pointed at their foreheads, Nigerians rose in unison to defy the government and participated in the action in solidarity with the patriotic and noble intentions of its organisers. They sent a clear single that no power can be greater than that of the people to whom ultimate sovereignty belongs.
Many Nigerians are unhappy that irrespective of the high level of fraud and malpractice in the 2003 general elections, this administration behaves as if noting happened. They pretend that all is well. They may argue that because the matter is still in court, they cannot comment on it. If that is so, what steps did they take to ensure that the March 2004 council polls was better than the general election of 2003 Now that the 2004 election turned out to be worse, what is their reaction Are they sincerely proposing any fundamental political reforms to ensure that the injustice of the past is not repeated in the future Do they want business as usual to continue, perhaps because it is currently in their favour If so, do they remember the golden rule that
