nigeria: Obasanjo swearing in ahead of verdict of election tribunal violates due process, says CREDO

CREDO PRESS STATEMENT ON TODAY’S SWEARING IN OF PRESIDENT OLUSEGUN OBASANJO OF NIGERIA: May 29 2003

“Obasanjo swearing in ahead of verdict of election tribunal violates due process” - says CREDO

The swearing in of Nigerians President Olusegun Obasanjo, the Governors of thirty-six states and legislators elect before the election appeals tribunals have reached their verdicts on allegations of electoral fraud is a violation of due process says CREDO for Freedom of Expression and Associated Rights. The Organisation also says that holding a NEPAD meeting in Nigeria on the eve of the controversial inauguration could be interpreted as a cynical attempt to use the presence of heads of state to endorse the ceremony.

Rotimi Sankore the organisations Coordinator criticised the election timetable and elections tribunal process saying “ Its not about whether General Obasanjo or General Buhari, or any of the governorship candidates are the true winners or losers of the elections. It’s about democratic principles and creating confidence in the electoral and judicial system. The right to political participation means that complainants and defendants should be confident of securing justice. The chances of this are reduced, if officials assume office before the election tribunals have reached a verdict”

“Those asserting that President Obasanjo would still have won even if the allegedly rigged votes are subtracted clearly miss the point. The election timetable should have been structured in such a way that all cases are investigated and concluded before the swearing in dates. This flaw must be corrected before future elections. Obasanjo would have cried foul as well if he were in Buhari's shoes. If the election tribunals eventually overturn any of the results at any level of government, the stage has been set for potentially violent power tussles, as well as rights violations.”

He added that the numerous last minute legal challenges to prevent swearing in ceremonies at different levels "already indicate a loss of faith in the tribunal process. The wrongly timed inaugurations suggest a “fait accompli” and have sent the wrong message to politicians that in the future, ‘victory’ at the polls must be secured at all costs whether legal or illegal since justice is beyond reach.”

He also criticised the public threat by the Inspector General of Police to invoke treason laws over plans by some opposition parties to protest against the inauguration or, not to recognise the sworn in officials. “The new government is not yet a day old and already there are indications that the rights to freedom of expression and political participation are on the verge of being criminalised. The government should be doing all it can to diffuse tension and avoid the possibility of conflict, yet its actions may well act as a precipitant to conflict.” He stressed that the opposition on its part "must desist from the type of statements attributed to General Buhari which have been interpreted by the ruling party as a call for the assassination of President Obasanjo. Peaceful protests are well within the rights of the opposition, but the alleged calls for a 'Ghandi and JFK solution' undermine democratic principles and need to be clarified or withdrawn"

Recent actions and statements of high profile politicians have also undermined multiparty democracy and the democratic process in Nigeria. For instance, despite protests from opposition parties, Governor Abdulkadir Kure of Niger State has appointed his election campaign Director-General, Alhaji Tanko Inga, as the new chairman of the State's Independent Electoral Commission (SIEC). President Obasanjo has also publicly voiced disapproval of the opposition campaign that led to the official recognition of thirty political parties stating in the media, that "I believe that once we have a choice of one or two [parties] that should be enough,"[1]. This appears to endorse his opinion prior to being elected president that '(sic) one party democracies' are adequate for developing nations.[2]

“These sort of statements and actions have led to serious political conflicts in the region and must be avoided” said Mr Sankore. “Both the government and opposition must avoid any escalation, and uphold the rights to freedom of expression and political participation. Nigeria is a country of over a hundred and twenty million people and any spiralling conflict will have adverse consequences its people as well as for the region”.

CREDO lends its voice to calls for reform of the Independent National Electoral Commission including creating structures that will facilitate the participation of representatives of political parties in its policy making and activities.

The present controversy in Nigeria also indicates a clear need for the reform of electoral process in other African countries especially regarding: the sitting schedule for election tribunals vis a vis inauguration dates; the need to involve opposition parties and diverse sections of society in the policy of electoral commissions; and avoiding the appointment of partisan persons as officials of electoral organisations. The Florida debacle in the last U.S. presidential elections alerted the American authorities to the need for reform in order to improve and retain confidence in the electoral system. There is no reason why Nigeria and other African countries cannot do the same.

ENDS

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Notes

[1] E.g. Daily Trust May 5 2003 and Thisday May 4 2003”

[2] "Constitution for National Integration and Development" a book written by Obasanjo ten years after he stepped down as Military dictator in 1979.

For further information, contact our International Office:

Centre for Research Education & Development Of
- [CREDO]- Freedom of Expression & Associated Rights.

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CREDO is an International human rights organisation based in Senegal and London and focusing on work in Africa. CREDO believes that freedom of expression and other strongly associated rights, are major platforms on which all civil, political, social, economic and cultural rights stand. CREDO further believes that “without distinction of any kind such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status” everyone is entitled to these rights as outlined in the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural rights, The African Charter on Peoples and Human Rights and other similar documents.

While freedom of expression remains an inalienable right, it is often overlooked that it is in reality, not a stand alone right but is also a ‘gateway’ right to these other strongly associated rights, which are no less important and demand equal attention. These rights include the rights to opinion, assembly, association and so forth. An attack on any of these rights, is more often than not an indicator that other associated rights are not fully assured.

Collectively these rights are infinitely more important than they are individually. Their intertwined nature means that they are best defended and promoted collectively and not in isolation from each other.

While maintaining an international perspective, CREDO’s work focuses on themes in Africa related to: freedom of expression, media freedom, rights/access to information and information resources; freedom of opinion, association, assembly and related rights; and anti-discrimination issues e.g. discrimination based on gender, race, ethnicity, political persuasion etc.