This is the sorry story of the massively embarrassing coincidence of the 20th anniversary of the annulment of the June 12, 1993, presidential election, and the move by some Peoples Democratic Party, PDP, governors annulling the Nigeria Governors’ Forum, NGF, election of Governor Rotimi Amaechi as its chairman. It is the story of how democracy in Nigeria is determined by the person defining its terms, not on the global gold standard. A MEETING IN THE VILLA Date line: FCT, Abuja, Thursday, June 10, 1993. A team from Nigeria’s election management body, the National Electoral Commission, NEC, visited the country’s seat of power. The Commission members needed to brief the Transitional Council about the election that would be holding in less than 48hours. The leadership of that Council included but was not limited to General Ibrahim Babangida, President; Augustus Aikhomu, Vice President; and General Sani Abacha. The Council was the equivalent of today’s Executive Council of the Federation, EXCOF. The Commission members were pointedly asked by a very senior member of that administration what their mission was! The team, led by Professor Humphrey Nwosu, told the gathering that the meeting was with a view to briefing members of the administration of the Commission’s preparations for the June 12 presidential election which was to crown the transition programme of that administration. (Read Tonnie Iredia’s interview). The response the Commission members got was not only surprising, it was shocking. That same very senior member of government asked the Commission members if they were sure that any election would hold. This interrogation almost turned into something else but it was thought to be a joke. But even the previous day, there was a legal tussle going on at an Abuja High Court presided over by Justice Bassey Ikpeme (Mrs). On that Wednesday, NEC, through its Director of Legal Services, Bukhari Bello, had been battling to convince Ikpeme that her court lacked jurisdiction to entertain a case brought to it by one Association for Better Nigeria, ABN, led by Senator Arthur Nzeribe and Abimbola Davies. Standing as legal counsel for the ABN was one Philip Umeadi – ABN had sought to mobilise Nigerians against the transition to civil rule programme and was seen by many Nigerians as receiving undeclared support from some key officials of the government of the day; and it had gone to court to seek the stoppage of the June 12 election. Meanwhile, a Lagos High Court had declared that ABN was not properly registered as explained by Femi Falana who represented the Committee for the Defence of Human Rights, CDHR, in an earlier case. Another court had tried to stop an election before in 1991 regarding the Delta State NRC gubernatorial candidacy tussle between Chief Eric Opia and Chief Omamuli. Then Vice President, Augustus Aikhomu, intervened and declared that “No court can stop the election”. The election held and Opia won the guber ticket. MKO Abiola A JUDGMENT UNDER THE COVER OF DARKNESS All these were already going on before that meeting at Aso Rock Presidential Villa. Therefore, at 9:35pm that Thursday when Justice Ikpeme issued an order stopping the June 12 election, many Nigerians were taken aback. Their greatest worry that ABN could injure the transition programme had come to light; but they were in for a bigger shock. The election still held after the government of the day insisted that it should go on going by the law, the Transition to Civil Rule Decree 19 of 1987 as amended by Decree 52 of 1991 (There was another Decree 23 of 1987 as amended by Decree 8 of 1989). Mind you, there was an ouster clause in the decree which stipulated that the courts could not interfere or stop NEC in the conduct of its affairs. Yet, all these did not matter to Justice Ikpeme who gave her judgment under the cover of darkness at 9:35pm. COURT ORDER IN FAVOUR OF A GHOST BODY On Tuesday, June 15, while results were still being released, Chief Judge of Abuja, Mohammed Saleh, ordered NEC to stop the announcement while granting request for an exparte motion by ABN’s Abimbola Davies. The results released at that time showed Moshood Kashimawo Olawale Abiola, of the Social Democratic Party, SDP, leading and coasting to victory over Bashir Tofa of the National Republican Convention, NRC. discovered that it was actually during the week after the election that ABN pushed for formal, proper registration as a group that could sue and be sued. It was also discovered that 10days after the judgment by Ikpeme stopping the election from holding, NEC did not get the certified copy of the judgment thereby making an immediate appeal impossible. Ikpeme’s standard response at the time was that the judgment was being typed. However, Saleh’s judgment ordering the stoppage of the results’ announcement was made available and handed over to NEC on the same June 15 the judgment was delivered. Interestingly, the advisory from the Minister of Justice and Attorney General of the Federation, Clement Akpamgbo, was that NEC should obey Saleh’s judgment. But on Sunday, June 20, NEC prepared its appeal to be heard before Court of Appeal, Kaduna, on Monday, June 21. At the point when it became certain that the Appeal Court sitting in Kaduna would give judgment in favour of NEC regarding the Ikpeme and Saleh judgments, another strange twist was introduced. On Wednesday, June 23, a terse statement from Aikhomu’s office suspended NEC as well as the entire transition programme. What that meant was that the mandate Abiola was expecting would no longer come. On Thursday, June 24, Abiola fired back saying “I can’t surrender my mandate”. On Friday, June 25, sensing the heightened tension in the country, Babangida met with Field Commanders and Principal Staff Officers of the armed forces. Former Military President, Gen. Ibrahim Babangida On Saturday, June 26, Babangida addressed Nigerians explaining that there were inherent inconsistencies and manipulation of the process hence the need to suspend the programme of transition. From that point on, it was one form of confusion after another, The nation was thrown into turmoil with mass migration across the country because of the fear of a possible breakdown of law and order. This was the story of an unending transition which terminal date kept shifting from 1990 to 1992, to January 1993 and August 27, 1993. None of this dates turned out to be feasible. To be honest, the story of June 12 is staggered. Each person involved tells the story from what he or she sees or knows. Some actors stood on June 12, some stood for June 12, while others stood by June 12.
Posted on: Tue, 11 Jun 2013 06:41:21 +0000
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