By Eteteonline
Justice Bassey Ikpeme granted the application for an interlocutory injunction restraining NEC from conducting the June 12 election, maintaining that it would be wrong of me to sit down and encourage the NEC not to investigate allegations of corruption in politics.
The judge described allegations made against some governors as “the greatest shame in the history of Nigerian politics.” The National Electoral Commission, on its part, relied on Section 19 of Decree 13, which provided as follows:
“Notwithstanding the provision of the Constitution of the Federal Republic of Nigeria, 1979, as amended, or any other law, no interim or interlocutory order or ruling, judgement, or decision made by any court or tribunal before or after the commencement of this Decree in respect of any intra-party or inter-party dispute or any other matter before it shall affect the date or time of the holding of the election or the performance by the commission of any of its functions under this decree or any guidelines issued by it in pursuance of the election.”
NEC’s objection that the court lacked jurisdiction by virtue of the above provision was rejected. In the historic ruling, Justice Ikpeme declared as follows:
“I am convinced that I have jurisdiction to hear this matter. NEC should only conduct elections, not determine a stable stage for democracy, and the decree cited by NEC encourages NEC to disregard any ruling. NEC is hereby restrained from conducting the presidential election pending the determination of the substantive suit before the court.”
The Abuja High Court’s injunction restraining NEC from conducting the presidential election sparked public outrage and condemnation, considering the long and elaborate preparations.
The United States Information Service (USIS) Director, Mr. Mike O’Brien, was among many who criticized the High Court’s decision. In response to what it perceived as Mr. Mike O’Brien’s rash remarks regarding the Abuja High Court’s decision to halt the election on Thursday, June 10, the Federal Government withdrew his accreditation.
O’Brien had seventy-two hours starting on Friday, June 11th, to depart Nigeria. It was implied that he was supposed to depart Nigeria by Tuesday am, June 15.
O’Brien had stated bluntly that the US was worried about the ruling’s possible detrimental impact on the transition program as it awaited the government’s response. However, he made it apparent that the US government would not support the election being postponed.
Dr. Olusola Saraki, the former Senate Leader, commended the Federal Government for rescinding O’Brien’s accreditation, saying that the government’s action was acceptable because American officials reacted too quickly to Justice Bassey Ikpeme’s order prohibiting the National Electoral Commission (NEC) from holding the election.
Following the weekend’s vote, Saraki told reporters in Ilorin that Nigeria should be allowed to handle its own issues without needless outside interference. He stated, “We must be allowed to fashion out our own democracy, the best way it suits us,” and he anticipated that US officials would hold off until the administration had responded.
According to him, “there was every indication that they have a hidden agenda that our government cannot organize a free and fair election” based on the officials’ actions. He stated further that even though Nigeria may be impoverished, it must be permitted to exercise its sovereignty. Additionally, he characterized Chief Arthur Nzeribe’s calls for the continuation of military administration as anti-party.
At a party meeting in early 1993, the SDP chieftain had suggested that party leaders call Nzeribe and calm him down over his complaints, but his suggestion was rejected. In addition, Saraki reaffirmed his demand for a national government, regardless of the outcome of the presidential election, because the nation’s problems were so big that “we all have to join hands together to solve them.”
Alhaji Mohammed Sha’aba Lafiaji, the governor of Kwara State at the time, praised NEC for demanding that the election should take place and called the court’s decision a “mockery of the judiciary.” He added that Nzeribe’s actions had upset the SDP and that turmoil might have resulted if the poll had been postponed.
Human rights organizations such as Constitutional Rights Projects (CRP) and the Campaign for Democracy (SC) denounced O’Brien’s 72-hour deportation order. A press statement attributed to the USIS in Nigeria, suggesting that the presidential election be held in spite of the court decision, allegedly, triggered the military government’s decree, they stated. They stated that the USIS advice enjoined the Federal Government to stay on course and contained no information that was in conflict with the transition program that had already been established.
CD stated that it agreed with the USIS Director’s opinions. The chairman of CD, Dr. Beko Ransome-Kuti, stated that problems pertaining to fundamental human rights, including the freedom to choose leaders, have been denied to Nigerians for the past ten years and that, thus, such concerns could not be considered internal affairs. According to him, Nigerians and other nations must follow the “good example laid by USA” since some Nigerians have been obstructing the country’s democratic transition with dubious means.
According to Mr. Femi Falana of the National Association of Democratic Lawyers (NADL), the government itself internationalized the election by bringing in foreign observers and monitors, so it was no longer an internal matter. Removing the US observers’ certification was therefore archaic, particularly because they were present as impartial monitors. Falana stated that if the election was free and fair, everyone ought to be allowed to watch.
However, NEC chairman Prof. Humphrey Nwosu stated that the matter was between the United States and Nigeria because no sovereign state would permit another to meddle in its domestic affairs. Regarding the participation of foreign observers, Nwosu stated that the Centre for Democratic Studies (CDS) was in charge rather than the NEC.
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