Friday, February 5, 2010

Anambra Falls Victim to Yar’Adua’s Absence


The first casualty of yesterday’s judgment of the Federal High Court in Lagos that the Independent National Electoral Commission (INEC) as currently constituted lacks the required quorum to conduct elections is tomorrow’s governorship election in Anambra State.

But perhaps unknown to many, the court verdict has wider implications, which in the final analysis comes back to the problem the nation is facing at present. It’s like a long thread, which at the very end is connected to President Umaru Musa Yar’Adua’s health problem and medical trip abroad without transferring power to his deputy. This has left the country seemingly rudderless as it is now without a sovereign head that can legally take vital decisions. Vice-President Goodluck Jonathan has not been sufficiently empowered to take charge.

But let’s first dwell on the immediate implication if the judgment stands. The first is that the Anambra election will not hold as scheduled. If it does not hold tomorrow, it has to hold within the next one week otherwise the election may run foul of the law that says that elections must hold not earlier than 60 days and not later than 30 days to the expiration of the tenure of office of the occupant of the position being contested for. Not holding the election, however, will create a succession problem by March 17 when the tenure of Governor Peter Obi expires. Who will take over from Obi in the absence of a legally conducted election by a legally constituted electoral body? Perhaps the Speaker of the state House of Assembly or in the absence of the Speaker, the Chief Judge of the state. The tenures of office of the Speaker and his state House of Assembly members and Governor Obi are not lapsing at the same time. Obi was sworn in on March 17, 2006 after a long drawn legal battle for his 2003 electoral mandate spanning three years. The state House of Assembly members were elected in 2007 and took their seats on May 29, 2007 and as such their tenure will expire May next year.

The bigger problem, however, is in respect of INEC. INEC needs to be properly constituted so it can have the full complement of its 13 members. Can Vice-President Jonathan do this? It is doubtful. President Yar’Adua has yet to transmit a vacation letter to the National Assembly in line with Section 145 of the constitution, which would have empowered the Vice-President to step in as acting president and take vital decision like the constitution of the board of INEC.

Indeed, THISDAY in a front page story on March 25, 2009 titled “Dearth of Commissioners Hits INEC” had drawn attention to the commission’s quorum problem. The newspaper had reported that but for the early decision on the April 25 date, the governorship re-run in Ekiti State might have been put in jeopardy following the dearth of national commissioners which had hit the commission.

The commission’s board had been depleted to four including Chairman Maurice Iwu over the years and new members were not appointed to join them. The tenures of seven commissioners who came on board along with Iwu then in August 2003 had lapsed in August 2008 and they were not replaced. The commissioners were Ekpeyong Nsa from Akwa Ibom, Zetley Daze from Plateau, Mr. Abubakar from Bauchi, Reuben Farukanmi from Ondo, Bello Bala from Sokoto, Emmanuel Anuka Uchola from Kogi and Mrs. Esther Zala from Taraba. The tenure of Dr. Muhammed Jumare from the North-west, however, expired on April 21, 2009, thus leaving the commission with the four members at present. Apart from Iwu, the three other commissioners are Victor Chukwuani from Enugu State, Phillip Umeadi (Jnr) from Anambra and Mr. Solomon Adedeji Soyebi from Ogun.

Presidency sources had told THISDAY last year the commissioners were yet to be replaced because President Yar’Adua was planning to deal with all outstanding issues in INEC along with the implementation of the final decisions on the reform of the electoral process.

Why I want PPA to win in Anambra, by Kalu

The chairman, Board of Trustees of the Peoples Progressive Alliance (PPA), Chief Orji Uzor Kalu has explained why he wants his party to win tomorrow’s governorship election.

Kalu said that his party is a progressive-minded one which would give Anambra the change it needs.

He also said: "I have a stake in Anambra. I have a home in the state. They are my in-laws. They are my trading partners. They are my kith and kin. The men have not fulfilled their promises. The PPA has brought a mother, a woman who knows the feelings of the people. We are on course and she will deliver."

He took a swipe at the Peoples Democratic Party (PDP) candidate, Charles Soludo for attacking him.

Kalu said: "I am indeed disappointed. Instead of discussing issues, the Chief Agunwa Anekwe-led Soludo Campaign Organisation is chasing shadows. As my Speaker in the House of Representatives in 1991\1992, I expect Chief Anaekwe to do better than name calling."

Anaekwe stated: "This directive is the latest in the series of steps taken by the electoral commission to rig the election in favour of the PPA candidate.

"It confirms the unholy alliance over the years between Chief Orji Kalu, the chairman of the PPA Board of Trustees, and the INEC leadership, which has been an open secret. Chief Kalu has now relocated to Awka to ensure that the votes of our people in the February 6, 2010, election do not count.

"The INEC leadership is widely believed to harbour so much animosity towards Anambra State because of the stupendous successes its people have made in various fields, which it claims makes its people very proud.

"It is no surprise that INEC has since 2007 been insistent on imposing pipsqueaks and nonentities on Government House, Awka, so that the state will cease to be the Light of the Nation.

The PPA Board of Trustees Chairman wondered why he should be linked with the INEC Chairman more than the other candidates.

"Professor Iwu is my friend; as much as he is close to Soludo and Governor Peter Obi. The INEC boss lived in Aba like myself, he also taught Soludo at the University of Nigeria Nsukka. Prof Iwu is also close to Andy Uba of the Labour Party. I do not see the crime in that, we are all Nigerians", the former Abia State governor explained.

Kalu chided the PDP for seeing his presence in Anambra as a threat to their ambition.

"The Senate President and PDP chairman came to campaign for their candidate. The Action Congress (AC) train of bigwigs arrived Awka full of vigour. I am the chairman of my party’s Board of Trustees. Maybe, they expected me to leave them to tear the PPA candidate to shreds", the PPA leader added.

The former governor stressed that the PPA would bring change to Anambra State through Mrs Lilian Uche.

Akunyili: Why Yar’Adua should hand over to VP


•Mrs Akunyili
THE desperate battle to keep the Yar’Adua cabinet united seems to have collapsed, with a minister insisting on the transfer of power to Vice President Goodluck Jonathan.

Minister of Information and Communications Prof. Dora Akunyili yesterday submitted a memo to the Office of the Secretary to the Government of the Federation (SGF) to push ahead with her position that ailing President Umaru Yar’Adua should hand over to Dr Jonathan.

Mrs Akunyili’s position, observers said yesterday, shows that she may resign from the cabinet after the defence of the memo next Wednesday.

But Yar’Adua’s loyalists in the cabinet are believed to have planned to kill the memo.
Mrs Akunyili submitted her memo yesterday to the Cabinet Secretariat in the Office of the Secretary to the Government of the Federation before coming to her office for an official function at 2pm.

A source in the SGF’s office said: “The minister personally brought the memo and we are already circulating the memo to all ministers.”

In the memo, entitled: State of the nation, Mrs Akunyili explains why Yar’Adua should write the National Assembly to enable the Vice President, Dr. Goodluck Jonathan, to be inaugurated acting president.

She urged fellow ministers to be aware that Nigeria’s hard-earned democracy is being threatened.
She said the FEC could correct Yar’Adua’s error of not handing over to Jonathan.

The memo reads: “The purpose of this memo is to seek Council’s support to help in resolving the lingering political situation in the country by passing a resolution calling Mr. President to officially hand over to the Vice-President to function as Acting President.

“Council will recall that I presented a paper titled state of the nation to council on the 3rd of February 2010 and after circulating copies to ministers (which was read and digested by all), I was advised to withdraw the paper.
“In view of the seriousness of the situation, and my concern for our dear country, I’m now compelled to present it formally as a Memo to Council for consideration.

“I want to start my humble submission by stating that I am a 100% loyalist of President Yar’Adua. He appointed all of us because he trusts us and wants us to help him to run government effectively and efficiently.

“Mr. President has given all of us seated in this chamber the opportunity to serve our nation as members of this Council. I believe that in the choice of all of us, as individuals and group, Mr. President must have considered our ability to guide him aright to serve our people better, promote and protect the Constitution in line with the oath of office taken before him in this chamber by each and every one of us. President Yar’Adua is very dear to me just as he is to all of you.

“We are all aware of what has been happening in Nigeria, especially as it concerns the issue of making the Vice-President an Acting President. There have been debates for and against this.

“Some have argued that there is no vacuum and that it is ok for the Vice-President to function as Vice-President, not as Acting President pending the return and recovery of Mr. President.

“For the proponents of this theory, I want to remind them that permanent secretaries have been waiting to be sworn in for over two months now. Consequently, many ministries are without permanent secretaries, including my ministry.

“As it is today, the Vice-President cannot take any document to National Assembly. In a very desperate situation like the recent Jos crisis, the Vice-President deployed troops to Plateau, but many have openly said that he does not have the right because there cannot be two Commanders-in-Chief at a time.

“Just recently, Movement for the Emancipation of Niger Delta (MEND) opted out of the amnesty and resumed hostility. They argued that they have been kept in limbo since the President took ill and they appeared to have been abandoned since nobody could talk to them or keep the promise made to them. Our economy is once more being threatened.

“The past Chief Justice of the Federation swore in his successor for the first time in the history of our nation. The power vacuum at that level has also compounded our ‘poor image’ at the international level because of our commitments and engagements that require the presence of our President.

“Many similar situations/opportunities have existed in the past 70 days that I do not need to recount. I do not also need to repeat the uncomplimentary statements made by United States, United Kingdom and European Union (EU) concerning the current state of affairs in Nigeria.

“There has been persistent agitation by the public for members of the Federal Executive Council to do something. Nigerians expect us to rise to this challenge on behalf of our President as the leader of this administration.

“Some eminent citizens have spoken. They include former Heads of State and others who have served our nation in various capacities. The Senate has also taken a position of which we are all aware. The looming crisis in the system is over boiling. Our hard-earned democracy is being threatened by the day.

“What went wrong? We love our President but we should remember that he is not infallible. Before he left Nigeria he had a moral and constitutional obligation to officially inform the Senate and hand over the mantle of leadership to the Vice-President pending his return and recovery.

That did not happen. Yes, the mistake has been made by our boss and our brother. Mr. President is ill and did not choose to be sick. But while we continue to pray for his recovery, we should try to right the wrong.


“Some have argued that he left the country in a hurry. This argument has been punctured by the fact that he signed the Appropriation Bill for National Assembly. If he could sign the Bill, why did he not sign a letter for Vice-President to act on his behalf until he is well enough?

“We have a local proverb that says that: ‘A goat does not get strangulated by the rope used in tying it when an adult is present.’ We are all in a better position to know that the polity is overheated to a frightening level. Posterity will judge us harshly if we do not positively intervene to resolve this logjam.

“I wish to call on the Federal Executive Council to act now in the best interest of our dear President and our dear nation. We also need to save ourselves from shame because our stand is becoming very embarrassing. Mr. President has been away for over 70 days. Even if he returns tomorrow, is it not better for him to rest and recover fully before taking over from the Vice-President?

“We need to do what is morally right and constitutional for the President to officially hand over to the Vice-President to function as Acting President.

“I am not saying that President Yar’Adua should resign or condemn him for being sick. He did not choose to be sick. We will continue to pray for him but all I am saying is, let us encourage him to do the right thing so that our hard-earned democracy will not be truncated. Anybody who feels otherwise is unfair to our President (who has been preaching the rule of law), and utterly unfair to our country.

“The name of our President and all his achievements are being rubbished by this unfortunate debacle. The President and his family are also being put under undue pressure which will not help his recovery. If we fail to act now, history will not forgive us.”

As at press time, it was learnt that Mrs Akunyili may resign after defending the memo at the next FEC meeting.
A source said: “The truth is that Mrs Akunyili has been under psychological trauma in the last two weeks on the state of the nation. I am close to her, I can tell you that nobody or group influenced her. She is a strong-willed and patriotic Nigerian.”

“She had at a point summoned her aides on the state of affairs and options available to the country. Initially, she contemplated resignation from the cabinet but she had a change of mind to use her position as a FEC member to prick the conscience of her colleagues in the cabinet.

“I think she felt fulfilled on Wednesday and today when she served the memo on other ministers. The reality is that she might resign soon. But she wants to defend her memo of which the outcome is predictable.”

Members of the Yar’Adua kitchen cabinet seem unmoved by the Akunyili memo. They rose yesterday from a secret meeting in Abuja to stick to the December 2, last year decision of the FEC that Yar’Adua is not incapacitated.

But some of the ministers who blocked Mrs Akunyili’s memo on Wednesday have gone behind closed doors to congratulate her, a source told The Nation.

A senior member of the cabinet said he was confounded by the double-speak of some ministers.
The source said: “I was shocked how some ministers pretending to be pro-Yar’Adua, who confronted Akunyili in FEC, went behind to congratulate her again for speaking the truth.

“Some of us would have rich memoirs to write after leaving this cabinet.”
Responding to a question, the source said: “In fact, after shooting down Akunyili’s paper on Wednesday, it was the Secretary to the Government of the Federation, Alhaji Mahmud Yayale Ahmed, who retrieved copies from all the ministers to avoid leakage to the public.

“Maybe Yayale took that step to give Akunyili a second chance to have a rethink. But the woman is going ahead.”
It was gathered also that pro-Yar’Adua ministers plan to shoot down the memo.

“I actually think that her memo cannot go far. She is playing politics with it as a cabinet survivalist and we won’t allow her to have her way,” a source said, adding:

“We believe that our December 2 decision was right because there is no evidence before us that the President is totally incapacitated. There was no medical record before us to show that he is incapacitated.

“What if we take a decision that Yar’Adua is incapacitated and his doctors write to us that he is okay. Equity demands that we come up with clean hands.”

Responding to a question, the source added: “The position of Yar’Adua’s camp is that she has no business being in the cabinet anymore. Her memo speaks of lack of faith in the present Federal Executive Council (FEC).”

Anambra Governorship Election... The Candidates

1 ALP- ARCH. MIKE IKEMEFUNA NWAFOR (GOV)
CAROL N. ONWELUZO (D. GOV)
2 ANPP- MICHAEL NNAMDI EJEZIE (GOV)
OKEKE GEORGE OKWUDILI (D. GOV)
3 ADC- RALPH OKEY NWOSU (GOV)
PRINCE EMMANUEL ODUNZE (D. GOV)
4 NDP- CHIJIOKE NDUBUISI GODFREY (GOV)
FLORENCE CHINYELU OBIAKO (D. GOV)
5 NNPP- PATRICK OGOCHUKWU EGOLUM (GOV)
DOZIE JULIUS CHUKWUMA (D. GOV)
6 UNPP- DR. OKOLI CHRISTIAN NWACHUKWU (GOV)
NOSIKE JULIUS CHUKWUMA (D. GOV)
7 NMPP- GEORGE IKE OKOYE (GOV)
HON. PAUL PAKER ONYEIZUGBO (D. GOV)
8 NAP- MRS. NJIDEKA UGOCHI ANYADIKE (GOV)
MR. ARTHUR OBI OKOLONJI (D. GOV)
9 HDP- NICHOLAS UKACHUKWU (GOV)
MIKE OKOYE (D. GOV)
10 CPN- ARCH. GEOFF ONYEJEGBU (GOV)
OKEKE NNODU CYRIL (D. GOV)
11 CDC- CHUKWUEMEKA KENNETH (GOV)
JOHN NWOSU (D. GOV)
12 AC- CHRIS NWABUEZE NGIGE (GOV)
HON. PHILIP OBIORA AGBASI (D. GOV)
13 UDP- BARR. GODSON OHAENYEM OKOYE (GOV)
OKECHUKWU EMMANUEL CHINELO (D. GOV)
14 ARP -HON. EMMANUEL NWALUNOR (GOV)
EZEIFE CHUKS UCHE D. (GOV)
15 PMP- EUGENE EZEKWUECHE (GOV)
IBENEME VIVIAN CHHIZOBA (D. GOV)
16 RPN- DR. BENJAMIN OBIDIGBO (GOV)
ARCH. SIR. JUDE JONATHAN EMEJUE JP. (D. GOV)
17 BNPP- ONWUGBUFOR VALLENTINE C. (GOV)
NWANKWO TONY BENSON C. (D. GOV)
18 NCP- KENNETH OZOEMENA NWUBA (GOV)
JOHN CHUKKA ODENIGBO (D. GOV)
19 NMDP- CHRISTOPHER IKE NWEGBU (GOV)
EMEKA HAROLD AMOBI (D. GOV)
20 PPA- HON. MRS. UCHE LILIAN EKWUNIFE (GOV)
DR. MIKE AGHADIUNO (D. GOV)
21 LP- DR. EMMANUEL ANDY UBA (GOV)
NDIFE EDWIN (D. GOV)
22 CPP- EGONO RICHMOND OLISA (GOV)
EZENOKE CHRISTIAN NDIDI (D. GOV)
23 NSDP- CHIEF VICTOR I. ANIGBATA (GOV)
MR. NWOKOBELU UCHENNA (D. GOV)
24 APGA- MR. PETER GREGORY OBI (GOV)
MR. EMEKA NDUBISI (D. GOV)
25 PDP- PROF. CHUKWUMA SOLUDO (GOV)
SENATOR EMMA ANOSIKE

‘INEC is Ready for Anambra Poll’

How prepared is INEC in ensuring a free and fair election in Anambra State?
The level of suspicion, naturally, is very high and given the time with which the election is also coming up, we will try to do our best in terms of processes leading to the election. The process has been on going and we are looking forward to the day. On the part of the commission, I believe that we have been able to do our best in terms of preparation for the election but you also know that during the process, a lot of other stakeholders are involved. We do expect that the other stakeholders will complete the work so that on February 6, we will be having an election that hopefully everybody will be proud of

What of logistics problem?
Logistic problem has been one of the problems that we take serious. Fortunately, Anambra doesn’t have difficult terrain. But let me give you an example. When you conduct election in an area with difficult terrain, you contend with a lot of problems, one of them is moving materials from one part of the state to the other because materials will have to be distributed publicly on the day of election. By the time you finished distribution and electoral officers have to travel upward of three, four hours to their respective location, a lot of time would have been wasted. People would have been at the poling booths, waiting from 8 o’clock in the morning till 12 or 1 o ‘clock. So, right now, what we have decided to do is to see how we can expedite actions particularly with the assistance of the security agencies. If we can expedite the distribution of materials even may be before the day of the election, so that by 8 o’clock in the morning, electoral officers would be at their polling booths with the electoral materials and voting can commence. These are some of the logistic problems that we contend with. But as I speak with you, the materials are already on ground in Anambra State, both sensitive and non-sensitive materials. So we are looking forward to a very pleasant outing on Saturday

What of the security problem. Recently, there were incidents of violence, thuggery and kidnapping?
It is not just Anambra, I think basically, it has to do with the level of awareness and our political attitude. Also, the state of our economy is responsible for some of the attitude of our politicians, not to mention of course, what people considered as faulty electoral process. So, it is not peculiar to Anambra State alone. It is just that, it is an issue that generally calls for a decision on our part as a people to do the right thing. When I keep talking about attitude, these are some of the things I have in mind, factors that allow violence to thrive in election. The attitude of electoral management body, the attitude of politicians themselves and a lot of other factors. Cumulatively, we are aware that some people are in possession of arms and ammunitions. My worry is that if those arms and ammunitions are unleashed on the people, I wonder who will be left to be governed at the end of the day. I do sincerely think that what we should do is allowing the process to run. Let us allow the process to evolve, let us allow the process to go on and I believe at the end of the day we will be able to have a credible election

You are from Anambra State and election is taking place in your State, what role would you play as an individual and INEC commissioner to ensure that the election in the state is credible?
I am from Anambra State and I am a commissioner, but that makes me an interested party and I do know that in law as an interested party, what you do is to detach yourself. We looked at it, I discussed it with my colleagues and we generally agreed that I should be left out of the processes leading to the election. I requested and they saw reasons and they agreed with me. I am from Anambra State and I am very familiar with all the candidates, so this makes me necessarily an interested party and as an interested party, there is no reason for me to be part of the process. Again, as I said before, the level of suspicion is very high and so it is important in order to preserve the neutrality of the process, at least on the part of the commission, that I stay completely away and that is why I have stayed completely away from all the processes leading to the election and I will not be there on the election day.

I have kept myself away from all the processes leading to the election and I will not be there on the election day, even as I am out, there are rumours here and there. The most important thing is that we have agreed that I should step down from the centre forces leading to the election. So, it makes it totally impossible for me to be able to contribute to the process and that is why I do say that what we need is attitudinal change, let the people understand that this is our state as it were and let the best candidate win, that will certainly be my wish for all of them.

If you look at the gladiators, each of them are eminently qualified for that exalted office and that is why it is going to be a very close contest. I don’t envy the voters in Anambra State because they have difficult choice to make. It is an interesting development and I tell you quite frankly, we are showcasing our best in terms of this election and it is interesting. Anyone of them who wins, the state will be the better for it. So, I do sincerely wish all of them well but I tell you, each one of them is eminently qualified for that exalted office.

Do you subscribe to the view that the election will be an indication of what we should expect in the 2011 general election?
It is a prelude to the 2011 elections and that is why we should be able to give our best in terms of logistic arrangement and general conduct of the election. There are lots of apprehension and generally, people are anxious to see what happens. I subscribe to that and I believe that we will be able to give our best.

On the issue of election collation, how will it be this time around?
Collation starts at the ward level. Results are announced at the polling booths, there will be collations of results from different polling boots at the ward level, then from the ward level to the local government level before the state level where the result will be announced. We have over 4,600 polling units in Anambra State. So, the practice prescribed by law has always been to announce the results at the polling booth and do the collation from the ward level from all the polling booths at the various wards and from wards to local government level.

How many people are eligible to vote in this election?
I am not going to give you the exact figure in terms of the number of voters we have in the register. You will recall that we have problems with the register in Anambra State leading to the sack of over 8 electoral officers in the state. I don’t have the exact figure of what is in the voters register for the purpose of the election but I think it is not a secret.

We learnt that some of the cleared candidates plan to step down at the last minute. What is the position of INEC on this?
Unfortunately, it is of no consequence really because the ballot papers have been printed and the election will proceed, whether you step down or not. But you really cannot stop politicians, they are bound to align, but it is generally of no consequence. It is not a question of whether we allow it or not, what is the consequence? Nothing.
So, it will be too late for somebody to step down now.

It depends on how you look at it, for the commission, it is of no consequence, it is up to the politicians to see what they want to make out of whatever stepping down they want to make.
Really, it is not about Anambra State, it is about the democratic process generally. There is a need for attitudinal change and if we do that, I believe we will meet our desire. What desire, the need for us to have credible election in Nigeria. The attitude of do or die politics, stock piling of arms should be done away with and let us make it possible because there are some of these attitude that put a lot of constraints on election management body.