Contest (6)
A signal that the 2011 general elections could be deadly emerged last weekend, as a House of Representatives aspirant on the platform of the Action Congress (AC) was killed by yet-to-be-identified gunmen.
Oghogho Omoregbe, who wanted to contest the Oriomhwon/Uhunwonde Federal Constituency in Edo State, was killed shortly after he declared his intention to contest in next year's general elections.
The 36 year old civil engineer and farmer was allegedly trailed to his rented apartment at Aitoe Idubor Avenue, off 2nd Ugbor Road, in Benin, at about 10pm. He was pursued to the back of the house where he was shot in the presence of his mother-in-law, by the gunmen who were said to have fled the place immediately.
Recounting her ordeal to journalists at the late Mr Omoregbe's wife's family house, at No 60, Awo Street, Stella Amadasun, the mother-in-law, said the late Oghogho, who just married his wife, Osato, last November, was still alive until they got to the University of Benin Teaching Hospital, where he was rushed to after they could not receive medical attention at the Central Hospital owing to the one-month-old strike of health workers in the state.
"He just came back from the campaign on Saturday; he came home for the first time and then left again, instructing his wife to prepare food for him," said Mrs Amadasun..
"He came with a boy and then they prayed together before he left again and told his wife that he would be back. This was around 9pm. Later that night, we heard the sound of a car and my daughter told me that it was her husband.
"Shortly after he opened the gate and was going back into his car to drive inside the compound, we heard him shout, Jesus, thief, then he ran into the other corner of the compound but he fell down when there was no escape route, then I ran to them and was begging that they should spare him, at least because of their one-month-old first child. Then I heard gunshots and they ran through the other side.
"I quickly ran to him and started shouting for help. He called for his parents before he passed out, then police was called. They were about five of them but we did not see their faces because it was dark."
Peter Ogboi, the state police spokesperson, said the state commissioner of police, Kachi Udeoji, has ordered that the homicide section of the police take over the case from Ugbor Police Station where the case was reported.
"As I talk to you, the commissioner of police has already directed that the case be taken over by the headquarters and the homicide department is already working and very soon, we will unravel the culprits. What we have done so far is to confirm the death."
On whether the killing was politically motivated, Ogboi said, "We cannot say that yet until the special session by the commissioner gives its report."
The late Oghogho Omorogbe, in a chat with journalists last Wednesday where he declared his intention to contest, attributed the rising rate of crime, including armed robbery and kidnapping, to the inability of elected political office holders to give right leadership to the people, accusing them of living in affluence amidst poverty.
THE NATION:
•Settle for VP, Northern leaders tell Ag. President
•Odili, Nnamani, Tinubu, others lobby IBB for VP
From former President, Chief Olusegun Obasanjo, has come a word of advice for the Acting President, Dr. Goodluck Jonathan: Do not contest for the presidency in 2011.
Sources said Obasanjo offered the advice based on reports that some close aides of the Acting President have been mounting pressure on him to be a part of the 2011 elections as a presidential candidate..
Added to this was the fact that Jonathan did not give a clear cut answer to whether he would contest or not when he was asked the question on a Cable News Network (CNN) programme anchored by Christiana Amanpour.
It was gathered that Obasanjo told Jonathan that rather than allow his candidacy to generate more tension, as it has been doing already, he should opt to be the running mate of any Northerner who emerges the candidate of the Peoples Democratic Party (PDP).
Based on an unwritten agreement, the PDP, on which platform Jonathan and President Umaru Yar’Adua were elected, has zoned the presidency to the North for eight years, beginning from 2007.
According to our source, Obasanjo was not specific in the choice of the candidate Jonathan should work with.
The source hinted that the new plan will make Jonathan continue as the vice-president till 2015 when the presidency will then return to the South, a time it is believed the Acting President should wait for.
Obasanjo reportedly told Jonathan in a telephone conversation that it is only then that the Acting President could be sure of a bloc vote from the North for his ambition.
But it could not be confirmed if Jonathan has agreed to the plan though he hinted in the CNN interview that he could continue as the vice-president in 2011.
Sources said this was also the position taken by some prominent political leaders from the North on the 2011 elections.
Sources told the Nigerian Compass that all prospective presidential candidates from the North have an unwritten agreement that once Jonathan indicates interest, he should be made the vice-presidential candidate for the election.
Among those said to have agreed to the agreement were former Vice-President, Alhaji Atiku Abubakar; former military President, General Ibrahim Babangida (rtd); former military Head of State, General Muhammadu Buhari (rtd); and the National Security Adviser, General Aliyu Gusau (rtd).
It was gathered that the thinking was that in the event that Yar’Aua could not continue in office as a result of his ill-health, any Northerner who wants to take over would do injustice to Jonathan by denying him a second term in office as the vice-president.
Though several politicians have been lobbying the Northern candidates, sources said the preference is still for Jonathan to emerge as the vice-president in order to be fair to him and also placate the people of the Niger Delta, especially those urging him to seek the office of the president.
It was learnt that some Northern leaders have already reached out to Jonathan on the need for him to accept the vice-presidency offer in 2011.
They were said to have told him that based on the unwritten agreement of the PDP as it relates to the presidency, Jonathan should settle for the position of the vice-president.
A source said, “There seems to be a twist in the crisis rocking the PDP.
“Obasanjo has told Jonathan to back down on his presidential ambition till 2015.
“The plan is to make Jonathan continue in office as the vice-president till 2015, when the presidency will be zoned back to the South.
“We do not know how Obasanjo came about this decision, whether he has some agreement with any Northern group or not.
“I cannot also tell whether Jonathan has agreed to the plan or not but the situation of things right now is that Obasanjo has told Jonathan to step down his presidential ambition.”
The source, who is a member of the PDP Reform Forum, which is rooting for Jonathan’s emergence as the PDP flag bearer in next year’s presidential election, further told the Nigerian Compass that there would be no let up in the campaign for the Acting President to contest.
The would-be Northern candidates, sources from two of the camps told the Nigerian Compass, have started building on this directive to have Jonathan as the vice-presidential candidate.
However, there are fears among those in the two camps that the in-fighting among politicians from the South-South could spell doom for anyone who opts for a candidate from that zone as vice-president.
A source said, “If for instance my boss should pick the Acting President, we still have to contend with the Bayelsa State Governor, Chief Timi Sylva, with whom the Acting President has a rift.
“It is either the rift is settled or Sylva mobilises against the joint ticket Jonathan will be flying.
“The same thing goes for most states of the South-South.
“In Rivers, the governor is on the war path with his predecessor.
“In Edo, the governor is at loggerheads with the political heavyweights in the state.
“There is no South-South state where things are settled politically as we speak.
“So anyone looking in that direction has a lot of work to do in terms of settling issues among the stakeholders.”
Sources told the Nigerian Compass that owing to this development, the Northern candidates have started looking in the direction of the South-East and the South-West for possible running mates.
It was gathered that the Northern candidates are already considering a former president of the Senate from the South-East and two serving governors from the South-West.
Indeed, pressure is said to be more on Babangida as those angling for a shot at the vice-presidency from the South have been bombarding him with requests for the ticket.
Top on the list of those who have reached out to Babangida, most of the time subtly, are a former President of the Senate, Chief Ken Nnamani; a former Governor of Rivers State, Dr. Peter Odili; Sylva; the Governor of Edo State, Comrade Adams Oshiomhole; former Governor of Lagos State, Alhaji Bola Tinubu; and the Governor of Akwa Ibom State, Barrister Godswill Akpabio.
The source said, “We have a deluge of serving and former state governors jostling to become the running mate to IBB (Babangida).
“They are mostly from the South-South.
“We are weighing our options on who we will pick as our running mate.
“And the consideration is to look for a candidate who will add tremendous electoral advantage to the ticket and not a political liability.”
In a dramatic move, the Senate yesterday voted to delete an aspect of the Constitution which prohibits people indicted for various offences from contesting elections.
Ike Ekweremadu, the deputy senate president and the leader of the constitution review committee which made the recommendation argued that if left in the constitution, it can be used by government officials to witch-hunt political opponents.
Mr. Ekweremadu, a lawyer, also argued that other provisions in section 137 of the constitution can adequately cover the intentions of the deleted section. The section, 137 (1), prohibits people who have been indicted for embezzlement or fraud by state or federal panels of enquiry or tribunals from running for presidential office.
During the voting, 90 senators supported that it be deleted while only five senators voted for the retention of the section.
However, typographical errors and omissions prevented the Senate from formally passing the draft after the final reading on Wednesday.
Government of thieves
Various reactions across the country have trailed the vote for the removal of this section.
"This confirms what we have always been saying, that this is a government of thieves and therefore the anti-corruption campaign is dead," lamented Balarabe Musa, the chairman of the Conference of Nigerian Political Parties. Mr. Musa, in a phone interview from Kaduna added that, "we are now in trouble in Nigeria because we are apparently now being ruled by thieves in Nigeria." He likened the ‘Senate's abysmal act' to the failure of the National Assembly in passing the forfeiture bill sent to them by the Economic and Financial Crimes Commission to confiscate properties of treasury looters.
This sentiment was echoed by Rotimi Akeredolu, the Nigerian Bar Association president who described the Senators' action in a terse text message, as a "futile exercise" adding that, "the Senate cannot on its own alone repeal any provision of Constitution."
A timely amendment
However, Sam Amadi, a lawyer, and director, Ken Nnamani Centre for Leadership and Development said the repeal of the act was not an anomaly. Mr Amadi said that in line with other constitutions across the world, the Electoral Act and not the Constitution should specify the eligibility of candidates to contest for election. "I think the clause should be removed completely from the constitution," Mr. Amadi said. "Our Constitution is not working because we have so many unnecessary things in it. Given our country where corrupt persons aspire to the highest offices in the land, the Electoral Act should be what is to be amended and the eligibility clause should be streamlined into criminal conviction and not just indictments." He also warned about what he called, "retaliatory indictments," saying, "we've seen in the past where governors set up panels and enquiries to get back at foes thereby discrediting the person(s) candidature for elections through such indictments and thereby creating confusion and legal challenges for the electoral process."
Another legal practitioner who welcomed the Senate's action is Chris Uche, who said, "the amendment of Section 137 (1)of the Constitution is timely and welcome to remove disqualification to contest election based on indictment by panel of inquiry given the abuse of that clause by governments."
According to Mr Uche, "the need has arisen because of the abuse of this provision by the federal and state governments to block political opponents from contesting elections."
Mr Uche based his argument on what happened to former Vice-President Abubakar Atiku and the former administration in Abia State which also issued a white paper indicting several politicians. "Happily, the Supreme court had in the Atiku case (AC vs INEC) in 2007, neutralised that provision which has now been repealed by defining indictment to mean trial by a court of law. Therefore, what the Senate has done is a legislative endorsement of a judicial reformation of the law by a proactive Supreme court."
Yinka Odumakin, the spokesperson of the Save Nigeria Group who recalled a statement credited to a Senator, Nuhu Aliyu, that the "National Assembly is full of criminals," warned that politicians should not think of using this avenue to pave the way for their return in the forthcoming elections.
He however recalled that the supreme court already ruled that an indictment by an admnistrative panel is not a judicial conviction. "We saw the way this section was abused under Olusegun Obasanjo. Even Orji Kalu set up a panel to do a counter-indictment of Mr. Obasanjo and Iyabo."
The cross carpeting law
Senate also deleted the section prohibiting lawmakers from cross carpeting. Section 68 (g) prohibits federal legislators from dumping the political party on whose platform they were elected unless there is a division in that party. It was deleted by a lean margin of 75 votes, two votes above the required minimum of 73.
Insertions were also made in the constitution, including two clauses in section 228 of the 1999 constitution, to enable the National Assembly make laws that will regulate internal democracies in political parties.
The new section, which got at least 89 votes on Wednesday now reads:
"The National assembly may by law provide for guidelines and rules to ensure internal democracy within political parties, including making laws for the conduct of party primaries, party primaries and party conventions."
Another insertion, to account for every day a governor or president whose election was annulled but wins the re-run election spent before the re-run election was also very popular with the senators. It was passed with 88 votes.
"In the calculation of the four year term, where a re-election has taken place and the person earlier sworn in wins, the time spent in the office before the date the election was annulled, shall be taken into account," the section reads.
The other recommendations which passed include clauses which make the Independent National Electoral Commission and its chairman above the authority of the president or any other body, and the recommendations to make the commission, the National Assembly and the Judiciary financially independent of the executive.
The independent candidacy clause and the recommendation to conduct election not earlier than 150 days before swearing in and not later than 90 days, were also passed overwhelmingly.
The draft amended constitution also recommended a fixed time for hearing and ruling on election petitions by both election petition tribunals and courts of appeal.