By Banji Ayoola
The pan-Yoruba sociopolitical organisation, Afenifere, and other notable Nigerians including some senior advocates, and the Imo State Governor, Hope Uzodinma, on Tuesday, faulted eminent lawyer and founder of Afe Babalola University, Ado Ekiti, ABUAD, Aare Afe Babalola, on his call for the postponement of the 2023 elections and an interim administration to address the myriads of problems confronting the nation.
More fundamentally, Afenifere, which is a long-term advocate of restructuring as the best solution to the nation’s prevailing problems, and renowned lawyer, Mr Ebun-Olu Adegboruwa (SAN), said the emphasis should be on the restructuring of the country.
Speaking through its National Publicity Secretary, Mr Dare Ajayi, in a statement, Afenifere said while the group acknowledges the enormity of the nation’s problems, it saw no reason why the incumbent administration should stay a day longer in office than May 29, 2003.
However, the group acknowledged that Babalola made the suggestions due to the frustration being experienced by Nigerians.
According to the group: “There is no justification whatsoever for this administration to spend one day beyond the stipulated period, which is May 29, 2023. And the only constitutionally stipulated way of changing government is through the electoral process.
“Being a law-abiding organisation, Afenifere does not believe in extra-legal means of changing government.”
Afenifere said the worsening insecurity in the country and the poor economic situation commented on by Babalola and Bishop Bishop Kukah had sumed up the precarious situation bedevilling Nigeria.
The National Publicity Secretary of Afenifere, Jare Ajayi, said that the call by the Northern Elders Forum that President Muhammadu Buhari should resign was an indication that Buhari had failed woefully.
Ajayi said the unprecedented low level to which the country had sunk including the depth of mistrust among sub groups in the country was a source of worry to many.
The statement read, “It was not surprising therefore that senior citizens in the North under the auspices of Northern Elders Forum called for the resignation of President Muhammadu Buhari.
“The frustration by Nigerians was also behind the call for an Interim Government by Chief Afe Babalola, SAN.
“While Afenifere acknowledged the enormity of the problems, we.do not support the cancellation or postponement of the scheduled elections.
Afenifere said: “There is no justification whatsoever for this administration to spend one day beyond the stipulated period – which is May 29, 2023. And the only constitutionally stipulated way of changing government is through the electoral process.
“Being a law-abiding organisation, Afenifere does not believe in extra legal means of changing government.
“On the call by the NEF that General Buhari should resign, while it might appear that the call is coming rather late in the day, the frustration that gave birth to it is quite understandable.
“Were the government being properly run, such a call would not have come. That it came from a group known to hardly see anything wrong with an administration headed by a Northerner is an important reason for President Buhari to realise that his government has really failed Nigerians.”
It said that the submission of the Catholic Bishop of Sokoto Diocese, Rt Revd Mathew Kukah’s should serve as ‘a wake-up call’ for the government and should focus on rectifying the situation rather than attacking the cleric.
According to Afenifere: “The situation under President Buhari became so damning that Robert Kennedy University in Scotland used him as an example of negatively-performing head of a government. It was a national embarrassment. It was something that right-thinking Nigerians were ashamed of.
“But we could not effectively challenged the university – and many others who share the same view – because its inference reflected the reality of what our situation is in Nigeria presently.
“There is no doubt that the situation in Nigeria has overwhelmed the present officials in government. It would therefore not be out of place for President Buhari to get innovative Patriots from all strata of the society to constitute a governing college or council. The major task of such a body should be the immediate restructuring of the country into a true federalism.”
Adegboruwa said: “I don’t agree with the revered legal luminary that we should have an interim government, especially consisting of past heads of state.
“That means the likes of Buhari and Babaginda, among others, will be part of that government and other people who have drawn the nation backward. What is it they have to offer that they didn’t offer while in power?
“Rather than recycle those who have run the nation aground, there are younger and talented people who can move this country forward. I think what he was saying indirectly is that there should be restructuring before the election.”
Although the senior lawyers agreed that there was a need for a new constitution, they added that having an interim government in place would not augur well for the country.
Another senior advocate, Tayo Oyetibo, said that an interim government would destabilise the polity, saying “I think Nigerians need a stable political environment and an interim government is unstable.
“The constitution is not the problem of Nigeria; our problem is with the operators of the constitution. Of course, there is a need for adjustment of the constitution. Our problem is never with the constitution. Great Britain has an unwritten constitution, yet the system is being run perfectly.”
Also, Adegoke Rasheed (SAN), on his part said the call was not feasible.
He stated, “The constitution has mandated a periodic election and until that provision of the constitution is amended or there is a revolution overthrowing that constitution, it is not possible to have an interim government in place.
“It is a good idea we must have a new constitution but the call for an interim government is not practicable.”
On his part, Uzodinma, maintained the 1999 Constitution lacked room for an interregnum, saying:“By May 29, if there is no elected government, our 1999 Constitution has not provided for an interregnum. There shouldn’t be a gap; otherwise, you are creating room for anarchy.
“What will be the process of selecting the interim government because after May 29, the President may not have constitutional powers to function as a President anymore? So, I don’t think we will decide to abandon our Constitution. Our Constitution is like a Bible. For some of us who are Christians, the Bible is the manager of our faith. So, the Constitution should be the instrument guiding our actions as a country.
“If you think there is an opinion that is worthy of being canvassed which is superior to what is in the 1999 Constitution, such opinion should be taken to the National Assembly and they will, through due process, amend our Constitution to factor in such an opinion.”
Reacting to a question about the recent killing of a staff member of the Independent National Electoral Commission in Imo State, Uzodinma explained that INEC was not the initial target.
Also, a former Sokoto State Governor, Aliyu Magatakardan Wamakko, said the call was retrogressive, uncalled for, unwarranted, unsolicited and desperate, adding that it was diversionary to contemplate such an undemocratic arrangement a few months to the general election.
Describing the call as a threat to democracy, Wamakko told the President Buhari administration not to be distracted from its commitment to entrenching an enduring democracy through free and fair elections.
“It is indeed worrisome when those who should be in the know begin to allow flimsy possibilities to deflect their ordinary sense of decent reasoning,” he said.
Urging Nigerians and the Federal Government to disregard such calls, Wamakko stressed that democratic elections remained the only acceptable tool for the replacement of governments.
During a media conference on Monday, Babalola had called for the suspension of the elections to allow a six-month interim government after Buhari’s tenure.
He said a new constitution would then be developed to address insecurity, the economy and other national ills.
According to him, members of the interim government should be drawn from all living former presidents and vice presidents, some selected ministers and governors, and delegates of prominent professional associations.
He said: “The same constitution has made politics become not only very attractive but the only lucrative business in Nigeria today. What this means is that any election that holds under the current scenario will end up producing transactional and recycled leaders, with no ability to turn things around.”
Specifically, Babalola had said that an interim government should replace the current administration at the expiration of the regime of President Muhammadu Buhari in 2023.
According to the News Agency of Nigeria, Babalola had told a news conference in Ado-Ekiti, Ekiti State capital on Monday that the interim government should be in force for six months to chart a new course for Nigeria.
He stressed that the 2023 elections should be suspended until Nigeria has “a new-look peoples’ Constitution which should provide for part-time legislators and non-executive President.”
He added that members of the interim government should be drawn from among living former Presidents and vice-presidents; some selected ministers and governors and delegates of prominent professional associations like the Nigeria Medical Association, Nigeria Bar Association and the Nigeria Labour Congress among others.
Babalola said, “The 1999 Constitution has made politics become not only very attractive, but lucrative business in Nigeria today.
“What this means is that any election that holds under the present scenario will end up producing transactional and recycled leaders with no ability to turn things around.”
The university proprietor advised that the new Constitution, which should be coordinated by the interim government, should spell out rules and regulations on improved qualifications of those contesting elections.
He added that the new Constitution should provide for part-time legislators and not full-time legislators, considering the attendant waste of resources.
Babalola added, “The new Constitution should also provide that there shall be no salary, but sitting allowances only for lawmakers.
“It should provide a true federal system of government, instead of the expensive presidential system of government. I suggest a parliamentary system of government, with a unicameral legislature.
“The new Constitution should also provide a body at the local, state and federal levels to screen all aspirants on the sources of their wealth and means of livelihood, criminal record which includes pending suits.”
The legal luminary added that any person that would become the President of Nigeria should not be older than 60 years of age and must have a university degree.
He expressed fears over the future of Nigeria, saying incessant borrowings had put the country on the edge.
Babalola, who said that the dollar to naira exchange rates free fall, as well as the level of external debt showed that the country was already bankrupt, stated, “The government is borrowing more, spending more and earning less revenue while debt servicing level is rising.
“To save Nigeria from nose-diving into irretrievable bankruptcy and poverty, irreparable economic and political damage brought about by the 1999 Constitution and its beneficiaries, a new constitution is imperatively necessary before any election.”