JUNE 12 1993: A DAY TO REMEMBER

Introduction

Nigeria became independent from Britain on October 1, 1960, and attained republican status on October 1, 1963. The First Republic democratic administration was truncated by a military coup on January 15, 1966. Nigeria was under successive military rule till October 1, 1979, when the Second Republic began. Alhaji Shehu Shagari won the general election conducted by the military and became the Second Republic president. After four years in power, Shehu Shagari was overthrown on December 31, 1993, by the military, and Major-General Muhammadu Buhari became head of state on January 1, 1984. However, on August 27, 1985, General Muhammadu Buhari was toppled by his Chief of Army Staff, General Ibrahim Badamosi Babangida.

General Babangida crowned himself military president and promised the nation a smooth transition to a democratic Third Republic. He announced a transition programme and commenced the process of ushering in the Third Republic. Under the transition arrangement, they operated a diarchy with elected state assemblies, elected federal legislature, and elected governors, but with a military President and Commander-in-Chief (General Ibrahim Babangida).

Attempt to elect a civilian president to complete the democratization process was aborted, following the annulment of the June 12, 1993 presidential election. The Third Republic was aborted as well, in the wake of a full-fledged return of military rule on November 17, 1993, and the dismantling of all democratic structures and institutions by the Abacha administration.

The Political Bureau

In his budget speech to the nation on January 1, 1986, two years after the demise of the Second Republic, the Nigerian military president, General Ibrahim Babangida announced the intention of his administration to return Nigeria to democratic rule in 1990. To attain this goal, a political bureau was set up by the government to organize a nationwide debate and collate the views, ideas, and opinions of Nigerians for consideration by the government.

The Political Bureau which was inaugurated on January 13, 1986, consisted of 17 members and headed by Dr. S. Cookey. At the inauguration, General Babangida charged the Bureau:

“to bring about a new political culture which, like a veritable fountainhead, would bring forth a stable, strong and dynamic economy.”

At the end of the exercise, the Bureau submitted the report to the government on March 27, 1987. It made some recommendations, among them:

1. The establishment of a directorate for mass mobilization;
2. Retention of the presidential system of government;
3. Creation of more states;
4. Establishment of two political parties; and
5. A review of the 1979 constitution.

When the government received the report, it set up another committee headed by Major General Paul Omu, Commandant of the Command and Staff College, Jaji, and member of the Provisional Ruling Council, to scrutinize it and prepare a draft white paper for consideration by the AFRC.

In July 1987, the white paper was published. In an address to the nation, General Babangida presented a systematic and gradual transition programme that will terminate military rule on October 1, 1992, as recommended by the Omu Committee.

A Constitution Review Committee made up of 46 members, and headed by Justice Buba Ardo, was inaugurated on September 7, 1987.

The Constituent Assembly Chaired by Justice Anthony Nnaemezie Aniagolu was constituted to deliberate on the draft constitution. With the completion of its work, the document, which was later to become the 1989 Constitution, was submitted to the government.

Major Decisions of Government to Advance the Democratization Process

1. The National Electoral Commission (NEC) was inaugurated in 1987 with Professor Eme Awa as chairman, who was later replaced by Professor Humphrey Nwosu.
2. The Centre for Democratic Studies (CDC) was established in Abuja with Professor Omo Omoruyi as head.
3. In 1991, additional nine states were created bringing the total number of states to 30. Also, 136 local government areas were created.
4. The capital of Nigeria was officially relocated from Lagos to Abuja in 1991.
5. A population census, one of the recommendations of the Political Bureau, was conducted in the last quarter of 1991. The figures were put at 88.5 million, with Lagos and Kano having the highest of more than 5 million each.
6. On July 25, 1987, President Babangida inaugurated the Mass Mobilisation for Social Justice, Self-Reliance, and Economic Recovery popularly known as MAMSER under the chairmanship of Professor Jerry Gana. He was later succeeded by Alhaji Muhammadu Gambo.
7. On December 12, 1987 elections were conducted for local government councils on a non-party basis.
8. The formation of political parties began when the government lifted the ban on politics on May 3, 1989.
9. Out of over 30 political associations that emerged, 13 applied for registration. Only six were recommended by NEC to the AFRC for registration. These were   
10. Peoples Solidarity Party( PSP)
11. Labour Party (LP)
12. Peoples Front of Nigeria (PFN)
13. Nigerian National Congress (NNC)
14. Republican Party of Nigeria (RPN)
15. Liberal Convention Party (LCP)
16. The government rejected all the associations and set up two political parties, namely the Social Democratic Party (SDP) and the National Republican Convention (NRC).
17. The ban on some politicians of the First and Second Republics was lifted.
18. Elections were conducted into party offices from wards to the national level. The SDP elected Ambassador Baba Gana Kingibe as its national chairman, while Chief Tom Ikimi emerged as the national chairman of the NRC.
19. Elections on party platforms were conducted as follows:
20. Local government elections were on December 8, 1990, and November 23, 1991, respectively.
21. State Executives and States Houses of Assembly on December 14, 1991
22. National Assembly on July 4, 1992
23. The presidential election, however, ran into a hitch. Arising from allegations of malpractice against the 23 presidential aspirants during primaries, the government took the following measures:
24. dissolved the executives of the two parties at all levels, and in their places   caretaker committees were set up with retired Air Vice Marshall Ishaya Shekari as national chairman of the SDP, while Alhaja Lateefat Okunnu was appointed national chairman of the NRC;
25. the primaries were canceled and all the presidential aspirants were disqualified from further participation in elections during the transition period; and
26. the government announced a new transition timetable which would terminate on August 27, 1993.

In line with the revised timetable, fresh party congresses were held. Chief Tony Anenih emerged as national chairman of the SDP, and Dr Hammed Kusamotu national chairman of the NRC.

Party conventions took place in Jos and Port Harcourt respectively where Chief M.K.O. Abiola emerged as the presidential candidate of the SDP and Alhaji Bashir Othman Tofa, presidential candidate of the NRC. Ambassador Baba Gana Kingibe was picked as Chief Abiola’s running mate while Dr Sylvester Ugoh became the running mate to Alhaji Tofa.

The presidential election was scheduled for June 12, 1993.

The Association for a Better Nigeria (ABN) approached the court

However, on Thursday, June 10, 1993, a group known as the Association for a Better Nigeria (ABN) approached a High Court in Abuja seeking to stop the presidential election.

The ABN led by Chief Arthur Nzeribe, a renowned businessman, had been campaigning for an extension of military rule for another four years. Using    billboards and newspaper advertisements, their inscription read: “Four more years of peace, unity, and stability.”

The ABN articulated the following arguments in support of the elongation of military rule. It alleged that:

1. it was premature for the Babangida administration to quit office on August 27, 1993, without putting a sound economic foundation in place;
2. the electoral process was corrupt and undemocratic due to irregularities during primaries that produced Chief Abiola as SDP’s presidential candidate; and
3. the political class was not yet organized and the democratic foundation was still fragile.

The ABN, therefore, sought an interlocutory injunction to restrain NEC from conducting the presidential election on June 12.

Justice Bassey Ikpeme by an injunction restrained NEC

Justice Bassey Ikpeme granted the injunction on June 10 despite the objection from NEC that her Court had no jurisdiction to do so under Section 19 of Decree 13. The Section provided that:

“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, judgment 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.”  

The Court ruled that it had jurisdiction and granted an injunction restraining     NEC from conducting the June 12 election. According to Justice Ikpeme:

“I am convinced that I have jurisdiction to hear this matter. NEC is not to determine a stable stage for democracy but only to conduct election and the decree cited by NEC does not preclude me but 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.” 

NEC went ahead with the election, observed by local and international observers. At the end of polling, 14 out of 39 million registered voters had cast their votes.

Results from 14 states were released by NEC on Monday, June 14, and showed Chief Abiola of the SDP comfortably in the lead.

The losing party NRC rejected the results and petitioned NEC, calling for their cancellation.

The ABN went to court again and sought another injunction to restrain NEC from publishing the remaining results.

Chief Judge Dahiru Saleh declared the presidential election illegal

An Abuja High Court presided over by the Chief Judge of Abuja, Justice Dahiru Saleh, heard the application for an injunction, granted the prayers sought and NEC was restrained from announcing the remaining results. Ironically, NEC which had refused to obey the order restraining it from conducting the presidential election, decided to obey the order not to announce further results.

As pressure mounted for the release of the remaining results, the Chief Judge, Justice Dahiru Saleh declared the presidential election illegal because it had earlier been stopped by a High Court order, which was disobeyed by NEC.       

  Federal Government annulled the election

There was a popular call on the government, particularly the president, to intervene and break the impasse. The president was reported to have preferred the due process of law taking its course. However, the National Defence and Security Council (NDSC) fixed meetings on June 23 and 24 to deliberate on national issues, including the stalemated presidential election. On June 23 the federal government annulled the election for the following reasons:

1. Irregularities during the election;
2. Over N2 billion was spent by the candidates on the election;
3. Conflict of business interest with the office of the president; and
4. To save the judiciary from ridicule arising from conflicting decisions of courts;

New officers were appointed for NEC with Professor Edet Okon Uya as the national chairman.

The crisis

Nigeria was thrown into an unprecedented crisis. This period was described as the darkest in Nigeria’s political history.  Two groups, namely the pro-democracy and pro-military emerged. Nigerians were at loggerheads with one another as the antagonists fought an undeclared war. The weapons were threats, intimidations, blackmail, and propaganda, with the media as the battleground. The pro-democracy group was portrayed as an agent of destabilization. On July 16, the federal government said it had discovered plans by a terrorist group to foment trouble and destabilize the country. It said the strategy of the terrorist group was to create fear and feeling of insecurity among Nigerians. Other tactics of the terrorist group, it said, included recruitment of hoodlums to carry out arson in some urban areas and intimidate relatives of public officers through the issuance of death threats. On another occasion, the federal government said it had uncovered a plan orchestrated by a fleeing field marshal to destabilize the nation. It was also alleged that some aggrieved politicians were planning to carry out sporadic explosions of bombs in three cities (Abuja, Kaduna, and Lagos), to create an atmosphere of insecurity. The plan included blowing up the north-south oil pipeline at a point close to Kaduna. The aggrieved politicians were also said to have stockpiled weapons in a neighboring country to wage war on the nation, as well as signed a pact with a foreign superpower to invade Nigeria.        

The atmosphere was charged with threats of war, and Nigeria was compared to Bosnia, Liberia, and Somalia where fratricidal wars had torn the people apart and caused great human suffering.

Some Nigerians openly called for stiff international sanctions. The United States suspended government-to-government aid and halted the exchange of defense materials with the Nigerian military. The US also stopped direct air links with Nigeria. The United Kingdom recalled their instructors from the National War College and suspended some financial aid.

There were demonstrations for and against the annulment. A cloud of uncertainty descended on Nigeria, and people warned of the impending doom.

Nigerians could no longer feel safe in any part of the country other than their home of origin. There was an exodus of panic-stricken people fleeing to different parts of the country, after selling their property.

Interim National Government (ING) installed

After a series of consultations and negotiations, an Interim National Government (ING) was formed under the leadership of Chief Ernest Shonekan, a renowned businessman from Ogun State. The Head of the ING referred to it as a ‘Child of Circumstance’.

The Babangida administration handed over to the ING on August 26, 1993, with the mandate to conduct a fresh presidential election in February 1994 and hand over to a democratically elected president by March 31, 1992.

The ING faced stiff opposition from states such as Oyo, Ogun, Osun, and Ondo withheld recognition, describing the government as illegitimate. On the other hand, six states in eastern Nigeria threatened to secede from the federation if the presidential election were successfully concluded.

The National Assembly was sharply divided on how to deal with the ING. The Senate President organized a boycott of a joint session of the National Assembly which was to be addressed by Chief Shonekan, head of the ING.

An act of terrorism added a new dimension to the impasse. An airliner on a domestic flight was hijacked and diverted to the Niger Republic. The demands of the hijackers related to the annulled election. They spread petrol on the plane and threatened to blow it up unless their demands were met. Niger’s security forces stormed the aircraft, shot the hijackers, and liberated the hostages.

Interim National Government declared illegal

Several suits were filed challenging the legality of the ING. On November 10, 1993, a High Court of Lagos State presided over by Justice Dapo Akinsanya declared the ING unconstitutional. The court held that the Interim National Government (Basic Constitutional and Transitional Provisions) Decree No. 61 of 1993 was null and void, having been signed into law at a time General Babangida no longer had the power to do so.

Many prominent Nigerians, including pro-democracy activists, began to call for military intervention to forestall the looming catastrophe.

Amid growing public discontent, protests, strikes, and serious splits within the beleaguered and endlessly wobbling ING, Chief Shonekan tendered his resignation as head of the ING on November 17, 1993. The most senior Minister (Secretary as it was then called) took over as head of state.

Abacha Administration: Return of full-fledged military rule

Following his emergence as Head of State, General Sani Abacha delivered his maiden address to the nation on November 18, 1993. Among other things, he stressed the need to “lay a very solid foundation for the growth of true democracy.”

Consequently, General Abacha announced the dissolution of the Interim National Government, national and state assemblies, state executive councils, local government councils, the National Electoral Commission, and the two political parties. He also announced the establishment of the Provisional Ruling Council.

The dissolution of the two political parties did not end agitations for the release of the remaining results.

On June 11, 1994, Chief Abiola actualized the mandate by declaring himself President of Nigeria at a secret location in Lagos. He was arrested, imprisoned, and charged with treason.

While in prison, his supporters continued with the struggle. Resistance to the military government grew stronger.

The future of the Nigerian constitutional structure will, according to him be determined through a constitutional conference

Constitutional Conference

The government named a 19-man National Constitutional Conference Commission (NCCC) with Justice Saidu Kawu as chairman. This Commission was vested with the responsibility of organizing the conference.

Elections were conducted in wards across the country and delegates emerged. In all, there were 369 delegates of the constitutional conference, out of which 273 were elected and the others nominated by the government.

On Monday, June 27, 1994, General Sani Abacha inaugurated the Constitutional Conference with Justice Adolphus Karibi-Whyte as chairman.

The Conference was originally scheduled to last for four months, but that was not possible as more time was required.

The Draft Constitution was submitted to the Head of State on June 27, 1995, exactly one year after the inauguration.

General Abacha expressed happiness because the Constitutional Conference provided the meeting point for Nigerians “to commence the process of national reconciliation”.

The Head of State told the gathering that the Provisional Ruling Council will within three months of the submission of the Draft Constitution complete deliberation on it and give its approval. That will be followed by the announcement of a handover timetable to be made on October 1, 1995. Desirous of demonstrating the commitment of his administration to the democratization process, he made the following announcement: “I hereby lift the ban on political parties”.

Independence Day broadcast

On October 1, 1995, General Abacha addressed the nation. The highlights of the speech were as follows:

1. Lifting of ban on some media organizations;
2. Establishment of the National Reconciliation Committee;
3. Establishment of the Federal Character Commission
4. Review of revenue allocation formula;
5. Lifting of ban on employment into federal public service;
6. Intention to create more states and local governments;
7. Intention to grant more powers to states and local governments;
8. Systematic and well-thought-out transition programme to terminate on October 1. 1995;
9. Power sharing in rotation among six zones for a period f thirty years; and
10.  The commuting of sentences on convicted coup plotters.

As a follow-up to the broadcast:

1. Establishment of the National Electoral Commission of Nigeria (NECON) with Chief Summer Dagogo Jack as chairman.
2. A Transition Implementation Committee was established with Justice Mamman Nasir as chairman.
3. Six geo-political zones were created, namely North-East, North-West, North-Central, South-West, South-East, and South-South.
4. Five political parties were registered, namely:
5. United Nigeria Congress Party (UNCP);
6. Democratic Party of Nigeria (DPN);
7. Congress for National Consensus (CNC);
8. National Center Party of Nigeria (NCPN);
9. Grassroots Democratic Movement (GDM).

The Abacha administration declared October 1, 1998, as the terminal date for its democratization programme.

On March 15, 1997, local government elections on a party basis were held. The five political parties participated

On November 17, 1997, the Abacha administration was four years old. In his address to the nation, he announced the following decisions taken by the government:

1. The creation of a National Judicial Council.
2. The retirement age of some judicial officers was raised from 65 to 70.
3. Salaries and allowances of judicial officers of superior courts reviewed upwards.
4. Constitutional courts are to be established in several locations in the country.
5. Ordered the release of some detainees.
6. Dissolution of the Federal Executive Council.

There were calls for General Abacha to continue as civilian president on October I, 1998.

Traditional rulers, women leaders, newspaper proprietors, seasoned journalists, and youth organizations joined the call for Abacha’s civilian presidency in 1998.

Nigerian youths under the umbrella of Youths Earnestly Ask for Abacha (YEAA) urged General Sani Abacha to contest the 1998 presidential election.

The sudden and unexpected demise of General Sani Abacha

The Head of State, General Sani Abacha, suddenly and unexpectedly died on June 8, 1998.

Following Abacha’s demise, the Chief of Defence Staff, General Abdulsalami Abubakar, assumed power as Head of State and Commander-in-Chief of the Armed Forces on June 9, 1998.

General Abubakar promised to return the country to democratic rule on May 29, 1999, to complete a turbulent transition initiated by General Babangida. Under his leadership, the 1999 Constitution was adopted, following the modification of the 1979 Constitution.

On February 27, the presidential election was conducted, which was won by retired General Olusegun Obasanjo.

On May 29, 1999, General Obasanjo was sworn in as the new, democratically elected president, to usher in the Fourth Republic.

Nigeria’s New Democracy Day

Since the inauguration of Chief Olusegun Obasanjo on May 29, 1999, that day had been declared ‘Democracy Day’ in Nigeria and celebrated as a public holiday. However, the foundation for May 29 was laid on June 12, when Chief MKO Abiola was freely elected by millions of Nigerians and his victory was annulled by the military. Chief Abiola and hundreds of other Nigerians eventually paid the supreme price with their lives to chase the military out of power. It is therefore no surprise that Nigeria has enjoyed many years of unbroken democracy since May 29, 1999. June 12 is indeed a day to remember!