What is your assessment of the 2023 general election?
The 2023 general election had its strengths and weaknesses. With the use of the Bimodal Voters Accreditation system (BVAS), prominent politicians, including serving and former governors, ministers and commissioners, among others lost in their polling units and states. That was a positive development. But the Independent National Electoral Commission (INEC) appeared to have been compromised given the shoddy manner the election processes were conducted. The processes were conducted in breach of the Electoral Act 2022 and the Guidelines made pursuant to the Electoral Act, in certain instances.
In Lagos, for example, heinous racist campaigns and violent attacks were waged against the Igbos or anyone who was perceived to look like an Igbo. It was abominable, yet no one has been brought to justice. People were injured, others were killed. It saddens me. An act of violence in one place has the tendency to control or affect conduct in other places or states nationally.
Do you think INEC and security agencies met expectations of Nigerians?
Domestic and international observers, who formally observed the elections, were unanimous that INEC performed woefully below expectation. It was as if INEC consciously worked against a credible, free and fair electoral process. The successes that were recorded in certain cases were in spite of INEC. Reports abound where some security agencies aided and participated in rigging election or closing their eyes to vicious brutalization of electorate, who summoned the courage to go out to vote.
How do you feel about the suits by some of the political parties and their candidates, especially Atiku Abubakar and Peter Obi challenging the victory of the candidate of the All Progressives Congress (APC), Asiwaju Bola Tinubu?
Legal challenges against the declaration of Asiwaju Bola Ahmed Tinubu as President-elect are part and parcel of the democratic process. It is better to seek judicial resolutions of electoral disputes than to embark on undemocratic methods in showing displeasure with election outcomes. Indeed, it is within the democratic right of those who perceive that the elections were rigged or manipulated in favour of any candidate to protest peacefully as guaranteed under section 40 of the Constitution. Therefore, protesters should not be intimidated. Those who have adopted the option of seeking legal redress through the judicial system should not be intimidated.
How would you react to some politicians heating up the polity after losing the 2023 elections?
The expression ‘heating up the polity,’ without concrete justification of that expression is too sweeping. In my opinion, for election petitioners to invoke the adjudicatory powers of the courts to resolve electoral disputes and mobilising the masses to protest peacefully against the outcomes of elections should not be misperceived as ‘heating up the polity’ because they are part of the democratic process.
What is your view on the recent revelation by the Department of State Services (DSS) about a plan for Interim National Government?
Firstly, under our laws, we have SSS (State Security Service) not DSS. Now to the question, I think the DSS/SSS, most likely, made the announcement in order to possibly justify increased budgetary funds for ‘operations.’ I think the announcement is absolutely unnecessary.
If the DSS genuinely had information that some undemocratic forces are planning to unconstitutionally foist on Nigeria an unelected Interim National Government, those involved ought to be arrested and prosecuted according to the due process of the law. Making public announcements where immediate action is required is absolutely unnecessary. It is members of the public who are not in a position to act against such an undemocratic move who may make public statements in order to draw the attention of agencies like the DSS/SSS to the development.
With revelations by the DSS and demands for cancellation of the 2023 presidential polls in some quarters, are you not worried that Nigeria may witness a repeat of the June 12 drama?
I have argued that the announcement by the DSS/SSS is baseless. I am also aware that the two main parties making the call for cancellation of the presidential election have taken their grievance before the election tribunal, in this case, before the Court of Appeal. That choice has a predictable outcome to the extent that the petitioners would accept whatever the court says. Where members of the public perceive that the judgement of the court is fair and just, based on the facts that are being placed before the court, there would be no postjudgment crisis. We would expect that where the petitioners are dissatisfied with the judgement of the Court of Appeal, they should proceed to the Supreme Court. So, there is no basis for expecting the kind of post election protests that followed the 1993 presidential elections to break out on the 2023 presidential election. In 1993, the presidential election was annulled; the result was not officially declared. In 2023, the result of the presidential election has been declared and those dissatisfied have rightly taken the option of instituting law suits.
How would you assess President Muhammadu Buhari’s administration in eight years?
President Muhammadu Buhari may go down in history as the worst president Nigeria has been unfortunate to have. Ordinary Nigerians will not forget the life annihilating policies of the twin crises of currency scarcity and fuel scarcity with unprecedented hike in fuel price. These two crises constituted unbearable existential challenges.
Lives were lost on account of inability of poor people to access money kept in banks. In the past, courts would grant prayers of any litigant, who complained of banks dishonoring cheques, where the issuer had money in the banks. But under Buhari, the poor who had money in the banks could not access their funds. But politicians had easy access to their funds. Nigerians will remember Buhari and APC for unprecedented poverty, unprecedented insecurity, unprecedented pains and pangs.
How do you see the victory of the APC candidate, Asiwaju Bola Tinubu in the presidential poll?
For the first time in the history of elections in Nigeria, the APC’s electoral victory in the presidential election is not being celebrated. The lack of celebration accompanying the electoral victory speaks volumes of the quality of the victory. Given the unprecedented poverty, unprecedented insecurity, unprecedented levels of unemployment, among others, it is unnatural that APC still won the presidential election. It means that Nigeria’s democracy is one in which parties cannot be punished electorally for poor performance. It means that for whatever reasons, ordinary Nigerians who have not benefitted in terms of improved living standards are politically enslaved, captured and dominated. The victory of the APC in the context of unprecedented pervasive poverty is unnatural. The student youths, unemployed youths, #EndSARS youths, particularly in Lagos, struggled to electorally punish the APC but they were overwhelmed by violence unleashed by the ruling class, aided by the worst form of ethnic hostility and repression.
Why did Asiwaju Tinubu win the election, considering strong opposition from Atiku Abubakar and Peter Obi, as well as running on the Muslim-Muslim joint ticket?
I think that we should await the outcome of the court cases before we may conclude that the APC presidential candidate actually won the election in accordance with constitutional provisions. I think that social and political scientists should conduct empirical studies to explain why the candidate of a party that has inflicted excruciating pains and pangs on the people would still be returned in an election conducted in the worst and last year of the eight years of the APC in power. I think we need scientific studies and an inquiry into the workings of the INEC that appeared programmed to fail when measured by the statutorily outlined electoral procedures, guidelines and requirements, which were largely observed in the breach. I know that INEC would not register a party that has no presence in FCT, Abuja.
We expect the judicial interpretation of Section 134(2)(b) of the Constitution on the requirement of the successful presidential candidate having at least 25 per cent of the votes cast in at least two thirds of the states of the Federation, and FCT Abuja. By constitutional provisions, the requirements have two legs. The first leg is having at least 25 per cent of the votes cast in at least two thirds of the states of the federation. The second leg is having at least 25 per cent of the votes cast in FCT. By grammatical interpretation, the meaning of ‘and’ is different from ‘including.’
The constitution made use of ‘and’ not ‘including’ in stating the criteria to be satisfied for a presidential candidate to be declared as having won the presidential election such a candidate shall have at least 25 per cent of the votes cast in at least two thirds of the states of the Federation, ‘and’ FCT Abuja. The requirement is not ‘such a candidate shall have at least 25 per cent of the votes cast in at least two thirds of the states of the Federation, including FCT Abuja.
What is your advice to Tinubu as he prepares to assume office on May 29?
I think the President-elect should emulate former President Yar’Adua, who acknowledged that though he was declared and sworn in as president, the electoral process was fraudulent and flawed. He should then set in motion the process of improving the credibility of future elections. But my suggestions are subject to the decisions of the courts – the Court of Appeal and Supreme Court. Where the courts set aside the election, the President elect would have no discretion but to bow out.
Comrade Femi Aborisade, a lawyer and human rights activist, was the founding National Secretary of National Conscience Party (NCP). In this interview with YEMI OLAKITAN of the New Telegraph, he spoke on the 2023 general election and the Muhammadu Buhari administration, among other national issues
