» Message from the Chairman

A KEYNOTE ADDRESS PRESENTED BY
AMB. PROF. S. O. EMEJUAIWE, NATIONAL CHAIRMAN OF FOSIECON AT THE 8TH NATIONAL DELEGATES CONFERENCE OF FOSIECON HOLDING AT UMUAHIA, ABIA STATE ON 5TH TO 9TH MAY, 2008

I am delighted to welcome you all distinguished Chairmen, Commissioners, gentlemen of the press and other invited gueststo the 8th National Delegates Conference of FOSIECON. The theme of the Conference is“Entrenchment of the Rule ofLaw in Electoral Processes in Nigeria”.

First and foremost, let me on behalf of FOSIECON once more congratulate Dr. Theodore Ahamefule Orji (OCHENDO) the performing Governor of Abia State on his meritorious success at the April 2007polls and hissubsequent inauguration on the 29th May, 2007 as the Executive Governor of Abia State (God’s own State), Congratulations Your Excellency!

As we are all aware of the import of this year’s theme, “Entrenchment of the rule of law in the electoral processes in Nigeria,” there is the need for all delegates to appreciate the universal definition of Rule of Law before we can start to discuss or deliberate on how to entrench it in the electoral processes in our dear country, Nigeria.

Black’s Law Dictionary, 7th Edition by Bryan A. Garner at Page 1332 variously defines “Rule of Law” as follows:-

1. “The supremacy of regular as opposed to arbitrary power, in other words, citizens must respect the rule of law.

2. “The doctrine that every person is subject to the ordinary law within the jurisdiction”.

3. “The doctrine that general constitutional principles are the result of judicial decisions.

It is heart warming that the present government of President Umaru Musa Yar’dua has shown the way by anchoring his administration on strict adherence to the rule of law. This entails that all agencies of State and all levels of government at Federal, State and Local Government must observe the provisions of existing laws, rules and regulations in order to ensure stability and harmony in the polity. This means that all infractions or breaches of existing laws should not be tolerated and any attempt to undermine the rule of law should be appropriately sanctioned.

As stated earlier, the Federal Government is demonstrating its adherence to this in various ways which have helped in instituting confidence in the electoral processes.

The recent resignation of serving Ministers is note worthy. The President’s summoning of all the electoral stake holders in the electoral processes on 16th January, 2008 and his insistence on the observance of the rule of law in budgetary matters is, to say the least, commendable.

His continued insistence on the immediate implementation of the various decisions of the Election Tribunals, those of the Court of Appeal and the Supreme Court has left no one in doubt that the rule of law is being entrenched in both the Electoral processes and art of governance in Nigeria. That is the beauty of democracy. It is expected that other tiers of government and their agencies will borrow a leaf from the Presidency.

LOCAL GOVERNMENT ELECTIONS

I wish to congratulate all the State Independent Electoral Commissions (SIECs) who have successfully conducted their local government council elections. I urge the remaining SIECs who have not done so as a matter of urgency, to conduct theirs in order to uphold the tenets of the rule of law. I also commend all SIECs for observing all the local government council elections conducted in the States so far. This has gone a long way in strengthening the confidence of the electorates in the Electoral Processes at this level.

The doctrine of the Rule of Law will be derailed if governments resort to undemocratic practice of selecting or appointing caretaker, transition or Management Committees or whatsoever name it chooses to call such unconstitutional arrangement at the expiration of the tenure of any elected local government council. We call on State Governments that have not empowered their SIECs to conduct Local Government elections to kindly do so in order not to be accused of raping the Constitution of the Federal Republic
of Nigeria.

Section 7 of the 1999 constitution explicitly provides for democratically elected local government councils and any system that infringes upon this constitutional provision is an infringement of the provisions of the constitution and therefore an aberration to the doctrine of the rule of law. We enjoin all State Governments in the federation who have not provided funds for the conduct of the local government council election to urgently do so in the spirit of the letters of the constitution.

Again, the Forum has observed with dismay the attitude of some over zealous State functionaries who unilaterally go on air to announce dates of Local Government Council elections. For the avoidance of doubt, let it be made clear that it is the function of SIECs after due consultations with relevant State agencies to fix the date of Local Government Council elections in their States, since Nigeria is not a totalitarian society and since the principle of separation of powers anchored on the rule of law must prevail for it is undemocratic for such illegality to be perpetuated by government functionaries.

The various SIECs are hereby called upon to brace up to this challenge and refrain from abdicating their constitutional responsibilities.

FREE, FAIR & TRANSPARENT ELECTIONS

The Forum notes with satisfaction the successful conduct of Local Government Council elections by SIECs across the country. The attitude of the Nigerian Judiciary is highly commendable in taking up the challenge to see that the rule of law is upheld by not hesitating to annul elections that were not conducted substantially in accordance with the 1999 constitution and the law. This high standard set by the Judiciary is a pointer that every SIEC must live up to its responsibilities before, during and after Local Government Council elections. The Forum has observed that most elections conducted by SIECs were in accordance with the rule of law. These have resulted in minimal election petitions at various Local Government Council election tribunals, and in some States no petition has been recorded.

We challenge the SIECs that are yet to conduct their Local Government Council elections to live up to the already set standard. Free, fair and transparent elections stimulate greater interest in electoral system. What is currently happening in Kenya and Zimbabwe is a pointer to the consequences of non-observance of the rule of law in electoral processes. Nigeria is lucky to have escaped from this ugly trend due largely to the patience of the electorates and confidence in the Judicial process.

Free, fair and transparent election is SINE QUA NON (next to nothing) to a stable polity and Nigeria cannot therefore afford not to adhere strictly to it.

Another impediment in the wheel of progress of SIECs in carrying out their constitutional responsibilities is the over-bearing influence of the political parties especially the ruling parties at various levels of governance. This undue influence tend to adversely affect the scope of work and the schedule of SIECs as enshrined in the 1999 constitution. This is so because every State Chief Executive is conscious of not being branded anti-party if certain actions legally taken by SIECs do not fall in line with the parties ideals and policies especially those bordering on the conduct of Local Government Council elections.

In most cases, SIECs are caught in this quagmire because they are not adequately funded by State Governments. It is impossible for SIECs to conduct free, fair and transparent election without being properly funded and other logistics put in place before, during and after Local Government Council elections.

FUNDING OF SIEC’s

In the performance of their functions and duties, SIECs are funded by the State Governments. This is for the purposes of emphasis. This legal duty by the State Government is irrespective of any budgetary provisions in the States Appropriation Laws. In some States, SIECs cannot adequately carry on their constitutional and statutory duties and responsibilities due to insufficient funding. This is made worse by over-bearing State functionaries who in their whims and caprices determine what fund should be appropriated for Local Government Council elections without any supporting data from SIECs.

The Forum therefore suggests that a certain percentage of the State Statutory Allocations should be set aside by law of the States, and placed at the disposal of SIECs to enable them discharge their duties freely without any encumbrance – without prejudice to budgetary provisions.

Worldwide, election is an expensive project and failure to adequately fund Electoral Bodies will generally affect their performances and make a mockery of democracy. There is a popular saying that “if you want democracy, you must fund it”.

CREATION OF SIECs

SIEC is a creation of the 1999 constitution and therefore independent. This constitutional independence of SIECs should be guarded jealously and even strengthened if the Commissions are to perform optimally.

In recent times, the press has been awash with suggestions by detractors and enemies of our democracy that SIECs should be scrapped and the responsibilities of SIECs be taken over by INEC.

While people are entitled to freedom of expression as guaranteed under our constitution, it must be noted that at present INEC is heavily saddled with enormous duties and responsibilities which have negatively reflected in the quashing of many of the elections it conducted in April 2007. Any additional responsibility to INEC will definitely worsen the already muddy electoral processes. Rather than giving INEC additional responsibilities, SIECs should be strengthened through constitutional amendment, to take over all State elections in tandem with true Federalism and separation of powers. The framers of the 1999 constitution were not oblivious of this fact when in Section 197, they provided for the creation of SIECs.

Since 1999, SIECs have justified their existence through the conduct of free, fair and transparent Local Government Council Elections. These elections have been acclaimed by both local and foreign observers. It is very dangerous in a federation to have a single Electoral Body to handle both National, States and Local Government Councils elections. Apart from being dangerous, such a system undermines the principle of true Federalism. In the United States of America from where our present Constitution is modelled, Federal Electoral Commission has nothing to do with the conduct of elections. That body is established to formulate regulations only.

The Forum has arranged for high profile lecturers that will thrill and drill you eminent National delegates. These lectures range from:

1. “Party competition and sanctity of Electoral Process;

2. Encouraging Voter Participation before, during and after Election;

3. Electoral Malpractices – Remedies;

4. The need for positive co-operation among the various agencies involved in the conduct of elections”.

Distinguished National Delegates, the Forum has in the last one year lost some of her founding members such as Alhaji Adamu Gadau, the former Chairman of Bauchi SIEC, the Chairman of Ekiti SIEC (Chief D. O. Awohmate) and three Commissioners of Kebbi SIEC who died on the date of their Local Government Council Election in a ghastly motor accident in active service.

As it is our convention, the Forum has extended her condolences to their respective families. Let us stand and observe two minutes silence in their honour. May the Almighty God receive their souls to rest in peace. Amen.

Finally, you are therefore enjoined to relax and feel the warm hospitality of Abia State, GOD’S OWN STATE.

Thank you and God bless.

AMB. PROF. S.O. EMEJUAIWE
NATIONAL CHAIRMAN
FOSIECON