June 12: Nigeria’s Political Watershed
Buhari’s June 12 Posthumous Awards: Legal and Political Imperatives
Outside of October 1, 1960, the day that Nigeria gained her independence from Britain and becama sovereign nation, June 12, 1993, is undoubtedly the most significant and remarkable date in Nigeria’s political evolution. While October 1 has retained its pride of place in Nigeria’s history,12 suffered a most miserable and unfortunate fate. Every successive administration since 1993, conveniently found a way to play down its significance, from military despots to benevolent civilianleaders. President Buhari’s unprecedented deft political move on Wednesday June 6, 2018, finally put paid to the blinkering of over 24 years, which has not only led to a proclamation of June 12 as Nigeria Democracy Day, but bestowed on the late Chief M.K.O. Abiola, the highest honour in the nation. In this special edition, the panel of Chief Mike Ozekhome, SAN, Daniel Hassan Bwala ,on day Onyekachi Ubani, Michael Dedon and Jide Ojo, discuss the significance of declaring June 12, Nigeria’s Democracy Day, and the posthumous conferment of the rank of the Grand Commmander of the Order of the Federal Republic (GCFR) on the late Chief M.K.O. Abiola, and the Grand Commander of the Order of the Niger (GCON) on foremost Human Rights Activist, the Late Chief Gani Fawehinmi, SAN, SAM
June 12, was a watershed in Nigeria's political wilderness. It was the day that, Nigerians had been yearning for. Nationhood found their voice. They unanimously voted for Chief Moshood Kashimawo Olawale Abiola, as President and Commander -in-Chief of the Armed Forces of the Federal Republic of Nigeria. Male and female. Christians and Muslims, Agnostics and Atheists, Politicians and non-Politicians. From North, South, East and West, Abiola won. Even in the Military and Police Barracks. He even defeated his opponent, Bashir Othman Tofa, in his Albassa Gyadi-Gyadi ward in Kano State. But, IBB's military junta, aided by political, military, civilian and judiciary collaborators (remember the mid night judgement of late Justice Ita Ikpeme?), annulled the freest, fairest, and most respected elections ever held in Nigeria to date. It was most mindless, unconscionable and atrocious. The will of the Nigerian people which ignored the fact that Abiola and Kingibe ran on a Moslem-moslem ticket, was outrageously annulled. The national turmoil, blood-letting, demonstrations, resistance, etc, that followed, were unprecedented. I was one of those fully involved on a daily basis, in the trenches, on the streets, at Yaba/Tejuosho bus stop, Ikeja, Mushin, Igando, Iyana- Ipaja, Ojota arenas and Ikorodu road. I suffered detentions and indignities. We were led by fearless and courageous Gani Fawehinmi. NADECO was unrelenting. Many Nigerians were killed; many maimed and jailed; yet many exiled. Some of us stayed back and fought on, like the Trojans. Never mind the perverse and highly compromised list of the few people (politically partisan), that were invited to Aso Villa, to mark the last June 12 awards. Most of the unsung heroes were deliberately left out. But, thank God, Joe Igbokwe's epic chronicle of a book, “Heroes of Democracy”, written nearly 20 years ago, captured us all. Like late M.K.O. Abiola would say, ‘you cannot cover the sun with your palm'. From CLO (which I co-founded), to UDD (which I solely founded), to JACON, I fought for June 12. So, for over 2 decades, I clamoured for revalidation of June 12 (not May 29), as Nigeria's true democracy day.
I knew the time would therefore, come. When the gestation period is over for a pregnant woman, she must surely deliver. It does not matter how – whether through normal delivery or caesarian section. June 12 was all along, like the pregnant woman. She was bound to be delivered. I took the battle for the recognition of June 12 as Nigeria's Democracy day, to the National Conference of 2014, made up of about 392 great Nigerians, drawn from all spheres and strata of the Nigerian nation.
2014 National Conference: My Submissions
The following is a rehash of the events at pages 185 and 186 of my latest book, “Nigeria, We Hail Thee”:
“JUNE 12 - MY CONTRIBUTION TO THE JUNE 12 DEBATE AT THE 2014 NATIONAL CONFERENCE”. On Thursday, the 12th of June, 2014, Hon Orok Duke, had moved a motion at the plenary session, for acknowledgment of the heroic struggles of late Chief M.K.O. Abiola, that culminated in his murder.
Delegates one after another, commented on the importance of June 12. In my contribution, I informed plenary that without June 12, there would not have been May 29. I argued that June 12 was more important and momentous in the history of Nigeria, and deserves full blown recognition.
It was my argument that Chief M.K.O. Abiola, in his patriotic sense of redemptive messianism, paid the ultimate, supreme price, by sacrificing himself for democracy. For this, he is Nigeria's true hero of democracy, and nothing must be done to diminish his importance.
I further argued that, under successive brutal military regimes, I was a victim, suffering about eleven detentions. Some of us were killed, some maimed, many detained, imprisoned, while some others were forcefully exiled. It is therefore, surprising to see some delegates not desiring to give June 12, its rightful place in history.
Indeed, I urged the Chairman to declare one minute of silence for Chief M.K.O. Abiola, and all the faithful departed who were killed during June 12, 1993, crises, whether they be from the North, South, East or West.
I urged that June 12 is not just important, but constitutes the watershed of Nigeria's democracy, and that it should not be trivialised. “Some people paid the supreme price for us to enjoy the democracy that some politicians are messing up today, I concluded”.
The Conference Chairman, ordered a minute silence for all the victims of June 12, as suggested by me.
Buhari’s Declaration of June 12 is Historic
I therefore, thank President Muhammadu Buhari for declaring June 12 Nigeria's Democracy Day, and honouring Chief M.K.O. Abiola, and my late mentor, Chief Gani Fawehinmi, SAN, SAM, with the highest and second highest honours in Nigeria.
To me, it is not the right argument that PMB did it for political reasons. Yes, he may very well have done it to shore up his battered political image, and fast dwindling democratic credentials. But, the inescapable fact is that, he has done the right thing, for which history will remember him. This is the more reason, I believe the argument should now proceed, why he should retire quietly to his Daura home, having done one great thing, for which he will be remembered.
When Chief Olusegun Obasanjo wrote his scathing letter to PMB early this year, I applauded the letter for the import of its correct contents, even though I am not a fan of OBJ. I argued then that, we should listen to the message and not look at the messenger. In the same vein here, we should look at the historical significance of PMB's political masterstroke, on the June 12 brouhaha; and
“....WE SHOULD LOOK AT THE HISTORIC SIGNIFICANCE OF PMB'S POLITICAL MASTERSTROKE, ON THE JUNE 12 BROUHAHA; AND NOT HIM AS A PERSO OR THE ULTERIOR MOTIVES FOR WHIC HE DID IT. I APPLAUD HIM, FOR THIS SINGULAR ACT, THAT BREATHED FRES EXHILARATING OXYGEN, INTO HIS LUSTRE PERFORMANCE”
not him as a person, or the ulterior motives for which he did it. I applaud him, for this singular act that breathed fresh exhilarating oxygen into his lack lustre performance.
Was the Conferment of Posthumous National Honours on Late Abiola and Gani Legally Grounded?
Buckets of ink have so far been poured, and tons of lachrymal effusion exerted, on whether Buhari could legally confer posthumous awards on late iconic Abiola and Gani. My answer is a loud “yes”. The opponents of the award readily cite Section 3 of the Honours Warrant, subsidiary legislation of the National Honours Act. It provides: “3. Mode of appointment to Orders, etc. (1) The President shall by notice in the Federal Gazette signify his intention of appointing a person to a particular rank of an Order
(2) Subject to the next following paragraph
of this article , a person shall be appointed to a particular rank of an Order when he receives from the President in person, at an investiture held for the purpose(a) the insignia appropriate for that rank; and (b) an instrument under the hand of the President and the public seal of the Federation declaring him to be appointed to that rank.”
To these opponents, the phrase, “in person” in section 3 (2), simply means that for a person to be qualified to receive the award, he must be physically present to receive it. It cannot, therefore, be conferred in absentia, they argue.
Respected jurist, Hon Justice Belgore, Chief Justice of Nigeria (2006 – 2007), and Chairman of the National Honours Committee, erroneously falls into this category. I respectfully, disagree with them.
An honour is an honour. It can be conferred on a living person. When such opportunity does not avail him, he can be honoured posthumously. Streets are still being named, and statues being built after Martin Luther King Jnr, Murtala Muhammed, Nelson Mandela, Zik of Africa, Obafemi Awolowo, SAN, Kwame Nkrumah, Ahmadu Bello, Tafawa Balewa, etc., many, many years after their demise. This is posthumous.
This logic against posthumous awards, defies cases of persons, who though alive, are bedridden, or too incapacitated for them to appear physically to receive the awards. Should they by reason of this alone, be denied of their due reward? I think not.
Happily, the above argument, has been torpedoed by the clear provisions of Section 3(3) of the same Act, which provides:
“if in the case of any person it appears to the President expedient to dispense with the requirements of paragraph 2 of this section, he may direct that that person shall be appointed to the rank in question in such a manner as may be specified in the directions”.
“In such a manner as may be specified in the direction'', has given the President wide discretionary powers, amplitude and plenitude, to confer awards on all persons, as he shall deem fit, whether such persons be present, or absent, alive or dead.
In any event, in statutory interpretation, courts lean to that which would not create absurdity. Thus, in NNPC v ZARIA & ANOR (2014) LPELR-22362 (CA), it was held that:
“The law recognises that where reliance on literal interpretation of wordings will lead to absurdity, a court is permitted to depart from that principle of interpretation'' Per Abiriu, JCA (P.68, Paras. B-C). Also, in ORAEGBUNAM v
CHUKWUKA & ORS (2019) LPELR-4796 (CA), it was held that:
“It is the general principles of rules of interpretation, that where words are clear and unequivocal, they should be given their natural, ordinary or grammatical meaning. My view is that, there is a rider to that, in that, if giving the words in the statutes their natural or grammatical meaning will lead to absurdity or injustice, resort could be made to internal aid within the statutes or external aid outside it, in order to resolve the ambiguity, to avoid doing injustice. See MOBIL OIL NIG. v R.B.R (1997) 3 SC 53: ORJI v FRN (2007) 13NWLR (PT 1050) 55. I am fortified in this view, by the remarks of Onu, JSC in OJUKWU v OBASANJO (2004) 40 WRN : Where the learned jurist had this to say at page 106: ‘'thus where literal interpretation of word or words will result in an ambiguity or injustice, it will be the duty of the court to consider the enactment as a whole, with a view to ascertain whether the language of the enactment is capable of any other fair interpretation, or whether it may not be desirable to put a secondary meaning on such a language, or even to adopt a construction which is not quite strictly grammatical'' See also PDP v NEC (1999) 11 NWLR (PT 626)200 At 242'' Per Sanusi, JCA (P.39, paras. A-E).
Consequently, I humbly submit that, the more plausible interpretation to be given to Section 3 of the Honours Warrant, is that PMB can confer honours posthumously on Abiola and Gani. Would Abiola and Gani Have Accepted these Awards? The argument of political pundits and critical voices, should now turn to whether these honours, though well- deserved by Abiola and Gani, would have been accepted by them, giving the prevailing atmosphere of morbid fear, executive rascality, recession of human rights, rule of law and civil liberties of the Nigerian citizens. The answer is a categorical “no”.
Though well intended, even if for political reasons by PMB, I am convinced that MKO and Gani would have out rightly rejected the national honours, if they were alive. I will give my reasons anon. But, I must confess that, nothing good comes at a bad time, and nothing bad comes at a good time. So, the timing, to me, is immaterial. But, both Abiola and Gani, if they were alive, would have said “no, thank you sir”, to PMB.
On 14th December, 2008, barely 9 months before his death, Chief Gani had outrightly rejected the national honour of OFR (Officer of the Federal Republic of Nigeria), bestowed on him by the then President, Umaru Musa Yar'Adua. In rejecting the honour and giving his reasons, Gani said, inter alia:
“Today I am seventy years and 8 months old. I am struck down by lung cancer, for which I have been receiving medical treatment outside my country because my country Nigeria has one of the poorest medical services in the world, but one of the richest countries in the world in terms of revenue”.
Question: has anything changed? Answer: “No”. Even PMB has himself has been receiving medical treatment in London, outside Nigeria. Deprecating the poor socio- economic and political situation in the country, Gani was emphatic that: “whether now or in the life beyond, how can I wake up in the morning and look at the insignia of honour bestowed on me, under a government that persecutes...Nuhu Ribadu?” (Whom he believed did a great job on the anti-corruption fight).
Does this Government not persecute political opponents, opposition and critical voices? Answer: yes. This Government is intolerant of opposition, and plurality of voices or opinions. Gani had continued: “A government that covertly and overtly encourages corruption, has no honour in its arsenal of power to dispense honour. Consequently, I reject the dishonour of OFR termed “honour” given to me by the Federal Government... I wish to reiterate that, in all ramifications of human existence, the masses have found themselves in the doldrums of pain occasioned by gross misgovernance of the country... the decadent socio-economic situation does not engender the well-being of ordinary people, and there is no hope in sight. In view of the foregoing, I reject the award of OFR”.
The question is whether anything has changed for the better since 15th December, 2008, when Gani, in rejecting the Yar'Adua National honour, listed 8 critical areas the then Government had failed. I am afraid, nothing has changed. The situation has, rather, got worse. The areas Gani had listed included “the abolition of poverty from the face of the country, the unqualified need to preserve, defend and protect the fundamental human rights; the governance of our country through democratic process; the subjection of
“....WHO KILLED ABIOLA? HOW AND WHY DID ABACHA DIE? WHO KILLED ABIOLA'S WIFE, KUDIRAT, ...? WHO KILLED BAGAUDA KALTHO? WHO KILLED ALFRED REWANE? WHY WERE KEN SARO-WIWA, DR SHOLA OMATSOLA, ALEX IBRU, MRS SULIA ADEDEJI, MAJOR GENERAL SHEHU MUSA YAR'ADUA, DR BISOYE TEJUOSHO, ET AL, KILLED? WHO KILLED BOLA IGE? WHO ANNULLED THE ELECTION? WHY WAS IT ANNULLED?”
everybody and everything to and under the Rule of law; the right of the people to free and qualitative education at all levels; the right of the people to free and qualitative health services and facilities; the strengthening of our economy through sound development of infrastructures and corruption” (holistic and all- embracing fighting of same, without discrimination).
Gani had ended his rejection of the national honour, with a “clarion call on the suffering masses” to “unite and fight for your legitimate right to the abolition of poverty. Why should you continue to suffer while your leaders and their families continue to enjoy the best at your expense?”. Thus, Gani would have rejected the honour of GCON. But even then, I thank PMB for doing the right thing, just like Yar'Adua had done.
As regards the undoubted martyr of democracy, Chief MKO Abiola, who paid the supreme price in his quest for genuine redemptive Messianism, he would also have rejected the GCFR given him, except certain things were first done.
In his June 11, 1993 reclamation speech, popularly called the “Epetedo Proclamation”, Abiola had declared, most fiercely, inter alia:
“I hereby, invoke the mandate bestowed upon me by my victory in the said election, to call on all members of the Armed Forces and the Police, the Civil and Public Services throughout the Federal Republic of Nigeria, to obey only the Government of National Unity that is headed by me, your only elected President.
“My Government of National Unity, is the only legitimate, constituted authority in the Federal Republic of Nigeria, as of now. People of Nigeria, these are challenging times in the history of our continent, Africa, and we, in Nigeria, must not allow ourselves to be left behind. Our struggle is the same, as that waged by the people of South Africa, which has been successfully concluded, with the inauguration of Mr. Nelson Mandela as the first African President of that country.
“The antics of every minority that oppresses the majority, are the same. They will try to intimidate you with threats of Police action. But, do not let us fear arrest. In South Africa, so many people were arrested, during the campaign against the Pass Laws, for instance, that the jails could not hold all of them. Today, apartheid is gone forever.
“So, let it be with Nigeria. Let us say goodbye forever to minority rule by the military. They talk of treason trials to halt the march of history? People of Nigeria, our time is now. You are the repository of power in the land”.
Recall that Abiola had, whilst in government captivity, rejected his bail, which was burdened with unacceptable conditionalities. If Abiola were alive, he would have demanded that, before he accepted the GCFR honour (reserved only for Presidents and Heads of State), the presidential elections in which he clearly emerged the winner in the freest, fairest, and most credible elections ever held in Nigeria, should first be declared by the present INEC which succeeded Professor Humphrey Nwosu's National Electoral Commission (NEC), which had conducted the election. He would have insisted that he be first formally pronounced “President, Commander-In- Chief, Federal Republic of Nigeria”, before accepting same. He would insist that his campaign slogan of “farewell to poverty”, be first accomplished, and the masses raised from doldrums and their state of nadir. Abiola, in his witty wisecracks, would have wondered why he should applaud PMB for the award, by merely giving him a button for his shirt, that the military of which PMB formed a part, had snatched from him. He would have argued that the Nigerian peoples' head, should not be shaved in their absence, through his unilateral acceptance of the awards, when the mandate they freely gave to him had not been formally validated and pronounced.
To me, the argument of what reasons actuated PMB in declaring June 12 our democracy day, and giving posthumous awards to Abiola and Gani, do not arise at all. If anything, the very acts themselves, form the very prong and catalyst to hold PMB strictly accountable to the ideas, philosophy, and democratic credentials and convictions that drove these two great sons of Nigeria, nay, Africa, which his Government lacks in tons.
These include socio-economic justice, egalitarianism, respect for human rights, observance of the rule of law and due process, treatment of all Nigerians equally, wholesome and non-selective fight of corruption, good, transparent and accountable governance, respect for the will of the people through a fair, just, credible and respectable electoral process, etc. This Government, is glaringly short of these glittering credentials.
Buhari’s To-do List
In endorsing and applauding PMB for this historic feat, let me add that, he must now quickly move to carry out the necessary legal, constitutional and legislative requirements to bring this to fruition. For now, the pronouncement remains in the realm of executive fiat. PMB should also go ahead, with the necessary political will, to immediately restructure the lopsided Nigerian Federation, remove the glaring nepotistic, tribalistic and cronyistic imbalances, and enthrone true, fiscal federalism. He should also ensure that, the June 1993 presidential election results, are officially declared and Abiola formally pronounced the winner, and therefore, President of Nigeria. His name, undoubtedly, will be inscribed in gold in Nigeria, whether or not he goes ahead to contest the 2019 presidential election. To me, he should not bother to contest, even though it is his constitutional right to do so. He should play the Nelson Mandela card. God bless Nigeria.
The Need For Truth And Reconciliation Committee
Perhaps, what the June 12 imbroglio has thrown up, is the urgent need, aside from immediate restructuring, for a Truth and Reconciliation Committee. Many questions are left unanswered: who killed Abiola? How and why did Abacha die? Who killed Abiola's wife, Kudirat, the flaming Amazon who died in the June 12 struggle? Who killed Bagauda Kaltho? Who killed Alfred Rewane? Why were Ken Saro-Wiwa, Dr Shola Omatsola, Alex Ibru, Mrs Sulia Adedeji, Major General Shehu Musa Yar'Adua, Dr Bisoye Tejuosho, et al, killed? Who killed Bola Ige? Who annulled the election? Why was it annulled? Why were the Igbos massacred during the 3 year pogrom of a civil war? Why were the three Rs of Reconciliation, Reconstruction and Rehabilitation, never achieved? What has happened to our oil wealth since its first discovery at Oloibiri in 1956? Why is Nigeria burdened with exceptionally bad leadership, and a shamelessly docile followership that is too scared to hold the leadership accountable and responsible to it? Oputa Panel's Report and the various reports of national Conferences held in the last 3 decades, will be very useful here also. We need answers to the whys, wheres, hows, whichs, whats, etc., of Nigeria's stunted growth. Nigeria, we hail thee.