The North And The Buhari Myth

By Kennedy Emetulu

1.Introduction:

One of the ‘mysteries’ of today’s politics is what some Nigerians see as the continued popularity of President Muhammadu Buhari in the North, despite his evident ineptness and the many, many failures of his government. When these Nigerians see him in outings where massive crowds of young people work themselves into a frenzy as they rent the air with “Sai Baba!” chants, they wonder what diabolical concoctions he must have let loose on them to make them feel this way.

*Kennedy Emetulu

People are being buried in grinding poverty, the economy is on a stretcher, Nigeria is regressing into the Stone Age in every respect and Buhari hops into a plane to London and back or walks 800 meters and the whole place is filled with jubilation in the North, or so it seems. What information do these people have that the rest of us don’t have? What planet are they living on when the nation clearly is on a deathbed?

2. The False Successor:

In the nation’s history, only two Northern politicians have had what can be considered the type of popular support or loyalty that Buhari has today in the North. These men were Sir Ahmadu Bello, the Sardauna of Sokoto and Mallam Aminu Kano. But the irony is that as opposed to Buhari, these men actually had political ideas of governance and real track records that gave them credibility with the people.

The Offa Robberies, Political Thuggery And The Near-Death Of Nigerian Democracy

By Kennedy Emetulu

There is something rotten in the state of Denmark and it’s either we clean it up now or we all die from this stench. This is not an alarmist testament; it is real. The killings and findings following the Offa robberies have provided us an opportunity to cleanse the Aegean stables once and for all.

Thirty-three citizens woke up on Thursday, the 5th of April 2018 to go about their lawful businesses, but they were brutally murdered in cold blood by a group of young people in apparent armed robberies involving six banks in Offa, Kwara State. The banks are the First Bank, Ecobank, Guaranty Trust Bank, Zenith Bank, Union Bank and Ibolo Microfinance Bank. Amongst the dead were 9 police officers, pregnant women and other ordinary citizens. The police have arrested some of those behind the killings, including leaders of the gang and they have allegedly been making confessions. I say “allegedly” because whatever they are saying now has not been tested in a court of law.

Goodluck Jonathan, Enough!

By Kennedy Emetulu

Okay, I strongly supported President Goodluck Jonathan in the last election, even though I’m not a PDP member, and I have condemned and continue to condemn the present attempt to vilify him or make him a scapegoat for the supposed failure of his administration. I do admit he has a lot to be blamed for, but I just don’t think the present occupiers of Aso Rock should use him as an excuse for their own scandalous failures still dangerously unfolding. I believe Jonathan, like other previous heads of state and presidents, has done his bit while in office and must be allowed to go anywhere he wants freely and contributes to national development and discourse as he deems fit.

*Goodluck Jonathan 

I have watched him traverse the world since he left office, and I was convinced that he was doing this to garner support for his newly-established Goodluck Jonathan Foundation. I have also accepted the fact that he was being welcomed, hosted and given all manner of awards here and there abroad as a natural result of the commendable thing he did by handing over power the manner he did after the election of last year. Now, here is my problem: How long is he going to be globetrotting for? How can he be globetrotting now even more than he did while in office? What exactly is the purpose of all this? Apart from the work he did on behalf of the Commonwealth in Tanzania, I haven’t seen much of a benefit Goodluck Jonathan has brought to Nigeria or Africa with all these travels all over meeting with nondescript people here and there.

When I saw him return to Nigeria recently after the falsehood that he was seeking exile abroad, I was happy. But just as we were welcoming him home, he was out again and now is in London! I have just read the speech he delivered there, and I’m wondering what that is all about. 

Who doubted his Nigerianness? Of what value is that Bloomberg appearance or that speech? Of what value is a speech that’s just a list of what he achieved while in government? How is that useful for where we are now as a nation?

10 Reasons Why President Buhari’s No-Show In Ogoniland Is Bad, Bad PR

By Kennedy Emetulu

It seems true that President Muhammadu Buhari is not visiting Ogoniland for that much-publicised flag-off of the implementation of the UNEP Report on the cleaning up of Ogoniland and the Niger Delta. Honestly, this is a shocking and depressing development and it calls to question again the kind of advice President Buhari is receiving in Aso Rock. He may have the best of reasons or excuses for not going, but perception is reality in politics! Cancelling that visit is the last thing he should have contemplated today. Here are 10 reasons why it’s bad:

*Buhari 

(1) The Niger Delta Avengers have threatened that he shouldn’t come; not going there, despite the whole show of military force by the Nigerian Armed Forces for the visit of the Commander-in-Chief, hands the initiative to the Niger Delta Avengers. They have showed they control the agenda of his government and his own movement within the nation. Of course, the truth is nothing would have happened to the President of the Federal Republic of Nigeria in Ogoniland; but, again, perception is reality.

(2) The Minister of Environment, Amina Mohammed talked up Buhari’s impending visit thus: “Buhari would return to Ogoniland where he inaugurated a fish pond in 1984 where the once flourishing pond regrettably had been destroyed by oil pollution. The Federal Government is coming back to restore the ecosystem to what it used to be and as such restore the peoples’ source of livelihood”. Obviously, mentioning that the president was going to Ogoniland again after his 1984 visit as a military Head of State in the circumstances of both visits was a way of making the case that between then and now life has been snuffed out of the environment there and Buhari is now returning life to the people and that environment with his visit. The symbolism would have been nice. But what have we now? The president is after all not coming!

(3) Buhari’s visit would have been the most significant thing in Ogoniland since the judicial murder of Ken Saro-Wiwa and for Buhari, it would have been a personal victory and a personal exorcism of some sort as well. Remember that Buhari was General Sani Abacha’s head of the PTF that was spending the oil money at the time Saro-Wiwa was killed. Buhari supported that killing as part of that government and Nigerians and the world condemned it strongly. As the world knows, Saro-Wiwa’s main message was not the political aspect of the Ogoni case, but the environmental aspect. Saro-Wiwa was essentially killed because he drew attention to the environmental destruction oil exploration brought to the Niger Delta. As president, Buhari would have used this opportunity to show with his presence his genuine commitment to cleaning up Ogoniland particularly and the Niger Delta generally. With that he would have come a full circle from his Abacha days. He would have used his presence to call for the unity of the Ogoni and the Niger-Delta with the rest of Nigeria, so we all find solutions to the problems of lack of development and environmental degradation ravaging the area.

Death, An Inconclusive Election And The Law (Part II)

By Kennedy Emetulu

 The first part of this piece was written immediately after the death of the APC candidate in the Kogi governorship election, Prince Abubakar Audu was first reported. In that piece, I expressed the view that despite the fact that there is seemingly no clear constitutional provision or provision in the Electoral Law 2010 to deal with a situation where a candidate dies during an election, INEC should do a purposive reading of sections 33 and 36(1) of the Electoral Act to provide a simple, fair, just and lawful resolution of the problem. Here is how I stated it: 

“…I think, even though it’s not a court of law, INEC should adopt a purposive approach to the interpretation of the statute, because that is likely how the court will view it if the matter comes before it. Should it take the matter to court for interpretation first before it continues with the election? That is a decision it should take in consultation with its legal officers, but if I were to advise them, I’d say no need, because the election is already on and the public policy argument must favour a quick and favourable conclusion, so as not to extend the tenure of the incumbent unduly, especially where he may likely not be the one ultimately elected. INEC must always act in the spirit of allowing the people to choose their Governor as at when due. It is the essence of choice in a democracy.

“A purposive reading of the Electoral Act will look at the provisions of Sections 33 and 36(1) and conclude that the mischief the Electoral Act is trying to cure with these provisions is to avoid a situation where death of a candidate frustrates the election. So, the oversight of not specifically considering what happens when a candidate dies during election should not take away the justice and fairness provided in the law for all situations where a candidate dies before or during the poll, especially where there is no material change in the situation between the time before the poll and during the poll when death occurred”.

Nigeria: Death, An Inconclusive Election And The Law

 By Kennedy Emetulu

If, as is likely, Prince Abubakar Audu, the gubernatorial candidate of the APC in the ongoing Kogi election has passed on, then a legal question to be decided by INEC and the courts is unquestionably before us, because the Constitution and the Electoral Act seemingly make no provisions for death of a candidate at this point of an inconclusive election. It’s the sort of challenge that the new INEC leadership under  Professor Mahmood Yakubu would not have prayed for.

*Late Abubakar Audu 

Let’s consider where we are. We have had an election held on Saturday, November 21, 2015. INEC has come out to announce that the election is “inconclusive”, because, according to the Returning Officer, Professor Emmanuel Kucha, the collation of results from the 21 local government areas of the state showed that the cancelled votes were higher in number than the margin between the leading candidate, Prince Abubakar Audu of the APC and the PDP candidate, Captain Idris Wada who was the runner-up. The Commission therefore decided on a supplementary election to determine the winner, but with no date fixed yet. So, in a de facto and de jure sense, the election is still ongoing. But then, something happened after this decision was taken. One of the candidates, Prince Abubakar Audu reportedly died before the conclusion of this election or before the proposed supplementary election that should have concluded the whole process.

So, what does our law say? Here is what the Constitution says:

Section 181(1): “If a person duly elected as Governor dies before taking and subscribing the Oath of Allegiance and oath of office, or is unable for any reason whatsoever to be sworn in, the person elected with him as Deputy-Governor shall be sworn in as Governor and he shall nominate a new Deputy-Governor who shall be appointed by the Governor with the approval of a simple majority of the House of Assembly of the State”.

Clearly, this provision does not apply to the situation on the ground, because Prince Abubakar Audu was not the Governor-Elect before he died. So, Abiodun Faleke, his running-mate was not elected the Deputy-Governor and therefore cannot be sworn into office in line with Section 181(1).

 How about the Electoral Act 2010 (as amended)? Here is what it says:

Section 36 (I): “If after the time for the delivery of nomination paper and before the commencement of the poll, a nominated candidate dies, the Chief National Electoral Commissioner or the Resident Electoral Commissioner shall, being satisfied of the fact of the death, countermand the poll in which the deceased candidate was to participate and the Commission shall appoint some other convenient date for the election within 14 days”.

Again, technically speaking, this section does not seemingly apply to the situation we are in. This is because the poll has already commenced, but is yet to be concluded before the candidate died.

Further, with regard to the change or substitution of a candidate by a political party, the Electoral Act in section 33 says: “A political party shall not be allowed to change or substitute its candidate whose name has been submitted pursuant to section 32 of this Act, except in the case of death or withdrawal by the candidate”. Section 32 (1) of the Electoral Act referred to above says: “A candidate for an election shall be nominated in writing by such number of persons whose names appear on the register of voters in the constituency as the Commission may prescribe”. So, what section 33 is saying is that a political party cannot substitute the name of anyone duly nominated under section 32(1) with another name or candidate except in the case of (1) death and (2) withdrawal.