By Jezie Ekejiuba
It is well known worldwide that constitutional governance is the foundation on which democracy is laid. In other words, constitutional governance is a condition precedent to democracy, which is a metaphor for accountability and transparency in the way public commonwealth is disbursed. The Mo Ibrahim Foundation created yardsticks for measuring good governance in political leadership in African countries in which it gives out periodic prized awards to deserving good leaders of unblemished record. There is no way a government that have shown proven zero tolerance for respect for rule of law, constitutional governance and democratic principles can submit to such peer review or even merit such a worthy prized applause, such as Mo Ibrahim Foundation prize.
The question is: Is Anambra State Government led by the past All Progressives Grand Alliance (APGA) Governors namely Mr. Peter Obi, Dame Virgy Etiaba and presently H.E Chief Willie Obiano for the past 16 years fit enough to submit itself for assessment by the likes of Mo Ibrahim Foundation peer review ? The answer is no! It is against this backdrop that the APGA administration for the past 16 years is being reviewed on the administration’s rule of law standing on one of the sensitive areas of good governance indices in which majority of well-meaning citizens of Anambra State at home and in the diaspora are at loggerheads with the APGA governors over the years.
Going down memory lane, Ex-Governor Obi, during his gubernatorial campaigns in 2003 was reputed to have posed a philosophical question: Is Anambra State cursed or are we the cause? One must however, quickly answer this question by saying without any equivocation that Anambra State is not cursed but blessed. Rather, Anambra citizens are by their inactions and docility the cause of the State’s misgovernance over the years. Perhaps, this latter answer may have contributed to what befell Ex-Governor Obi in 2003 gubernatorial elections in the state acclaimed to have been won by him overwhelmingly, but was rigged out. Not discouraged, he fought like a wounded lion at the courts and regained his mandate after over three years at the election tribunal. He set the record as the first person in the country to unseat a sitting governor through the rule of law process. About eight months into his new government, he was unconstitutionally impeached and he had to fight the second legal battle of his life through the rule of law process to regain his mandate a second time.
When the April, 2007 general elections approached, Ex-Governor Obi shouted to all who cared to listen that the gubernatorial election should not be conducted in Anambra State, since he has not completed his four years tenure in office as the 1999 constitution provided. The then Maurice Iwu-led Independent National Electoral Commission (INEC) refused to listen to him. The commission proceeded and was bent on conducting and in fact conducted the election. Ex-Governor Obi for a third consecutive time went to court for the tenure interpretation of Section 180 (2) of the 1999 Constitution. The Federal High Court, Enugu declined jurisdiction to hear his matter. Undaunted, he appealed to the Court of Appeal, Enugu which also threw out his matter on grounds of lack of jurisdiction. He went to the Supreme Court, Abuja which eventually discovered that the Court have jurisdiction to hear his matter and consequently declared Andy Uba 17-day old administration dead on arrival, and he was sent packing from government house without delay. The Supreme Court held that Governor Obi’s tenure started to run when he took the oath of Office and oath of Allegiance on Friday, March 17, 2006. Governor Obi having settled down to the business of governance began reeling out sweet rhetorical speeches full of promises which seemed like a fait accompli. The hopes of the majority of Anambra people were raised high. Redress for the wrongs of the years of the locusts was uppermost in the minds of the people in exchange for their total support. One of the major wrongs was and still is the evil of the practice of dictatorship at the 21 LGAs of the State in place of democracy!
It is in this mindset that Anambra people heaved a sigh of great relief and gave the Obi APGA administration massive support. That was in the heydays of his administration when the people reposed so much confidence in his administration’s capacity to deliver on all aspects of good governance. It is, therefore, not a surprise when on Saturday, 4th August, 2007 in his policy speech contained in glossy brochure at a Thanksgiving Church Service at Dr. Alex Ekwueme Square, Awka, Ex-Governor Obi made this famous speech: “Those who buy and sell ballot papers and duplicate result sheets, falsify results, declare fraudulent victories and subvert both the Federal Constitution and democratic principles are greater rogues than the thieves of public funds whom EFCC prosecutes. They are the greatest enemies of good governance. They must not go unpunished”. It is pertinent at this juncture to bring to the fore the following provisions of the “Federal Constitution and democratic principles” which Ex-Governor Obi alluded to in his above speech with a view to throwing the APGA administration’s good governance mantra past and present to the dustbin of history.
Section 1 (2) of Federal Constitution 1999 provides “The Federal Republic of Nigeria shall not be governed, nor shall any person or group of persons take control of the Government of Nigeria or any part thereof except in accordance with the provision of this Constitution”. The clear injunction of this provision completely prohibited any takeover for the purpose of governing or controlling the Government of Nigeria or any part of Nigeria which include Anambra State’s 21 L.G.As by any other means or manner except as provided in the same constitution. For instance, any takeover for the purpose of governing or controlling of the 21 L.G.As of Anambra State without strict compliance with Section 7 (1) of the said constitution amounts to civil coup d’etat or in the words of Ex-Governor Obi “Those who…..subvert both the Federal Constitution and democratic principles are greater rogues than the thieves of public funds whom the EFCC prosecutes. They are the greatest enemies of good governance. They must not go unpunished”. Section 7 (1) of the Federal Constitution alluded to by Ex-Governor Obi’s speech states “The system of local government by democratically elected local government councils is under this constitution guaranteed and accordingly the Government of every state shall subject to Section 8 of this constitution, ensure their existence under a law which provides for the establishment, structure, composition, finance and functions such councils”. The underlining principle inherent in this provision is the elective principle. Any appointment of any sort whatsoever other than the election of local government councils comprising the elected Executive Chairmen and elected Councillors sitting at legislative councils amounts to a grave violation of this provision. Section 7 (4) of the same 1999 Constitution which confirmed beyond doubt the elective principle provides: “The Government of a State shall ensure that every person who is entitled to vote or be voted for at an election to a House of Assembly shall have the right to vote or be voted for at an election to a local government council”.
It is on record that all the citizens of Anambra State who have for about 16 years aspired to serve their people at local governments level have all fallen victims of having their political rights, civil rights or constitutional rights “to vote or be voted for” emasculated by the civilian junta otherwise called APGA administration in Anambra State. Ex-Governor Obi despite all the entreaties by well meaning citizens to conduct local government election in the State remained adamant haven been intoxicated by his greedy bid to superintend and control the federation allocation funds meant for the elected local governments for the rural development of the 21 L.G.As of the state. 16 years on, the hopes of the people to reap the dividends of a democratically elected local government of their own choice under APGA administration have remained a pipe dream. The end results of the autocratic local government system in the state are startling. Despite the billions of naira received every month from the federation account, the entire council areas have remained stagnant. There is no rural development activities of any sort anywhere. The large army of unemployed youths who are supposed to be the ultimate beneficiary of the democratization of the local government polity are roaming the streets without jobs, resulting in social unrests, kidnappings and unknown gunmen criminalities. And there is not yet light at the end of tunnel. Now, the relay race to continue the self-serving leadership at the expense of Anambrarians “right to vote or be voted for” at the grassroot level of government seems to be “on your mark” to zoom off. Governor Willie Obiano for about 8 years of his APGA administration has deemed local government dictatorship as a tradition. There is this Igbo proverb that says “Aru gbaa afo oburu omenala”, which when translated to English means “an abomination which clocks one year of age becomes a tradition”. Governor Obiano desires to pass the baton to Prof. Chukwuma Charles Soludo his sponsored APGA gubernatorial candidate for the November 6, 2021 election in the State for Ndi Anambra to continue to suffer in silence. And for Ex-Governor Obi, who left behind the legacy of Local Government dictatorship as APGA governor, he wants his heir apparent, Mr. Valentine Ozigbo, his sponsored PDP Guber candidate to inherit his local government dictatorship throne left behind at Agu Awka government house 8 years ago.
On March 17, 2022 Governor Obiano will serve out his two tenures of 8 years as Governor of Anambra State. It seems that like Ex-Governor Obi, both APGA Governors, the only legacy he is leaving behind and which is a thorn in the heart of Ndi-Anambra is the non-conduct of local government election in the state. And this no doubt has been generating heated disagreement among the stakeholders in the state. Given that Governor Obiano who anointed Prof. Soludo as his preferred successor will go down in history, like his predecessor Ex-Governor Obi, to govern a state for 8 years without conducting any local government, Prof. Soludo if elected as APGA Governor is sure-bet to follow suit. It will be recalled that one of the reasons that pitched Governor Obiano aganist Prince Arthur Eze and some traditional rulers in the state was the non-conduct of local government election. Recall also that this writer got the worst judgment in his lifetime after canvassing before the court the elective principle enshrined in Section 7 (1) and (4) of the 1999 Constitution when the Court of Appeal, Enugu Judicial Division in Barr. Jezie Ekejiuba V. Governor of Anambra State & 2 Ors Appeal No. CA/E/437/2012 contrary to the spirit and intendment of Section 7 (1) and (4) of the 1999 Constitution at pages 53-54 of the Certified True Copy of the judgement per Chidi Nwaoma Uwa, JCA held "that the Anambra State Local Government (Amendment Law No. 6), 2012 is a law made pursuant to the powers conferred on the Anambra State House of Assembly by Section 7(1) and Paragraph 12 part II of the second schedule of the 1999 Constitution. On a simple reading of the Anambra State Local Government (Amendment No. 6) Law of 2012 there is nothing to show that it is inconsistent with the provisions of the constitution otherwise it would be void to the extent of the inconsistency. The Anambra State law provides for an electoral College constituted by the House of Assembly members to elect members of a Transition Committee, it satisfied the prescribed "democratically elected Local Government Councils", since they are the elected representatives of the people to constitute the electoral College. I agree with the learned counsel to the Respondents that an election by Electoral College cannot be said to be undemocratic. " General election" was not specifically provided for into the Local Government Council of any state by the constitution. The constitutional requirement is that the election be democratic which allows both General election and Electoral College". What a scandalous judgment!
If truth must be told what Anambra State needs now is generational change away from the APGA hegemony to a truly progressive party that is committed to giving voice back to the people at the grassroot level and democracy to the masses, since APGA has become a rural party that does not believe in rural democracy. If we must recover from the current decay in the socio-economic and security architecture of Anambra State, local government democracy is the answer. In decent climes like UK and U.S.A power is always given to political parties through voters support periodically. In the case of UK to Conservative Party or Labour Party and in the case of U.S.A to Republican Party or Democratic Party from time to time and not always permanent. This explains why good governance is institutionalized in those countries.
Dr. Jezie Ekejiuba
Human Rights Lawyer &
President, Voters Rights International
E-mail: barrister.jezie4peace@yahoo.com
Tel/WhatsApp: 08036095750
Onitsha, Anambra State