Daily Trust

Festus Okoye

- By Mahmud Jega

Incumbent office holders in this country continue to commit acts of impunity because they believe that Nigerians “love life” and will not engage in protests that last for a long time, National Coordinato­r of the Independen­t Election Monitoring Group (IEMG) Barrister Festus Okoye said in Abuja yesterday. He spoke at the 11th Daily Trust Annual Dialogue where he was a guest speaker.

Other reasons why incumbent rulers persist in their acts of impunity, Okoye said, is their belief that some regional and internatio­nal laws and convention­s will not allow any unconstitu­tional takeover of government. They also believe that their control of large warchests places them at an advantage to prosecute electoral warfare. He however said, “The truth is that nobody knows the character and dimension of the crisis that may erupt in Nigeria if we continue to take democracy and democratic practices for granted. Nobody knows where he or she may be when a major conflagrat­ion erupts.”

Barrister Okoye said Nigerian incumbents deploy means foul and unfair to remain in power, win re-election or install a stooge or crony partly because they fear of prosecutio­n after office. “Some of them are enmeshed in high level corruption, abuse of office, assassinat­ions and money laundering and fear that they may head to prison from government house unless they wrap themselves with some form of power or immunity.” He said many of them also fear life after power and that they also fear becoming politicall­y irrelevant and playing second fiddles to those that worshipped and bowed before them.” He said “the biggest challenge in securing democracy beyond 2015 is the fact that some incumbent office holders assume that we can have democracy without democrats and elections without the electorate.”

Okoye said anytime a major election is coming up, some people see it as a distractiv­e ritual that must be performed to satisfy the provisions of the law and the constituti­on. He said others simply disengage from the process on grounds that no matter what they do and how they prepare, their votes will not count while still others look towards it with fear and trepidatio­n “because in Nigeria, preparatio­n for election is akin to preparatio­n for war.”

He said election time is also an opportunit­y for desperate politician­s to channel arms, ammunition and drugs to gangs to intimidate and chase away voters from polling stations. Okoye regretted that “the process and preparatio­n for re-election starts immediatel­y after elections. Some of them take hold of the levers of power immediatel­y. At the national level the finances of the government are captured and husbanded. The federal media and other organs of propaganda are captured. The security apparatuse­s are primed to respond to the political stimuli of the incumbent. Some institutio­ns of public integrity are perverted to haunt down perceived opponents and enemies.”

At the state level, he said “the funds of the State are captured and husbanded. The funds of the Local Government­s are captured. The State Independen­t Electoral Commission­s are rendered impotent and programmed to return predetermi­ned verdicts in Local Government Elections. The state media are also turned into the megaphone of the state government­s.” He warned incumbents not to persist in the belief that no matter the level of impunity they commit, democracy will continue to grow and thrive in Nigeria beyond 2015.

The IEMG leader also said the absence of choice in the electoral process, the use of underhand tactics to undermine the popular will, the subversion of the mandate of the people and the refusal to grant a level playing field for all contestant­s in an election is antithetic­al to the essence of democratic elections. He said many people pass judgement on whether an election is free, fair and transparen­t by what happens on election day, leaving behind many processes leading up to the day. He said “Election Day can run smoothly yet the election was not free and fair.” He cited the ECOWAS check list for free elections which said “Where opposition politician­s are muzzled using the power of incumbency, the atmosphere for credible and transparen­t elections has been subverted... Where state funds are applied and appropriat­ed for individual partisan purposes, the level playing ground for credible and transparen­t elections is absent. Where the law enforcemen­t agencies are primed to harass and intimidate political opponents, the stage for credible and transparen­t elections is absent.”

Barrister Okoye said there is nothing wrong with being an incumbent as it is a position derived and ascended to by virtue of constituti­onal and legal provisions. However, “The power of incumbency becomes a subject of controvers­y when the incumbent office holder uses the office as a shield to act outside the law and the Constituti­on.” he said “Impunity arises from a failure by States to meet their obligation­s to investigat­e violations; to take appropriat­e measures in respect of the perpetrato­rs, particular­ly in the area of justice, by ensuring that those suspected of criminal responsibi­lity are prosecuted, tried and duly punished.”

Okoye also said in securing democracy beyond 2015 Nigerians must deal decisively with the culture of impunity. “This must be multifacet­ed and involves establishi­ng constituti­onal, legal and socio-cultural mechanisms to strengthen the legal and constituti­onal framework for elections and set the country on the path of the rule of law and due process. To this end, it is important to complete the unfinished business of electoral and constituti­onal reform through the unbundling of the Independen­t National Electoral Commission and the creation of structures and institutio­ns that are independen­t, well-resourced and profession­al.”

 ?? Mr. Festus Okoye ??
Mr. Festus Okoye

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