June 12 has been declared as Democracy Day in Nigeria to commemorate the victory of Chief MKO Abiola of blessed memory in the presidential election that was conducted in June 12,1993.The 1993 presidential election which has remained the most credible presidential election in Nigeria ,conducted by my teacher at the University of Nigeria, Nsukka,Prof Humphrey Nwosu of blessed memory was annulled by the military government of Ibrahim Badamasi Babaginda.
Nigeria’s government under the leadership of Mohammed Buhari officially recognized MKO Abiola as the winner of the election and subsequently declared June 12 as Democracy Day in Nigeria .Recently,the former military president, Ibrahim Babaginda in his book “A journey in Service”attempted to explain the factors that were responsible for the annulment.However,the reasons and background, proffered as explanation for the annulment of the election was unavailing . The undeniable conclusion is that the annulment was a brazen subversion of the will of the people. It was also a violation of the laws of Nigeria and a mortal blow to the enthronement and survival of democracy in Nigeria.IBB and his team thought they could remain in office forever, but forgot to realize that the politics of today will become the history of tomorrow.It is the burden of political actors to choose which side of history they which to identify with as nothing endures forever.
Democracy Day is significant for political office holders to learn from the history of the 1993 presidential election in Nigeria.Interrogating Democracy Day in Nigeria under president Tinubu is significant for the president to decide which side of history he will prefer to belong because he will not be the president of Nigeria forever.
The essence of Democracy Day is for the Nigerian government to be subjected to the rules of democracy and for all the citizens in government or out of government to be subjected to the Rule of Law.The highest achievement of any democratic government is strict adherence to the Rule of Law.
President Tinubu was an active participant in the struggle for the actualization of June 12 1993 presidential election.He has been making beautiful speeches on democracy in Nigeria.As expected,he will make a beautiful speech today ,June 12,2025 to commemorate Democracy Day in Nigeria.Unfortunately , democracy in Nigeria under President Tinubu has been under threat. His government has little regard for the core ingredients of democracy.
Democratic government without the Rule of Law is a failure and claims to achievements must be similar to the routine brags of essentially authoritarian governments. They mouth the protocols of democracy but at the same curate its worst excesses. All of this will then amount to self glorification and the barely hidden agenda to remain in office at the expense of the welfare of the citizens.
The declaration of the State of emergency in Rivers State by President Tinubu, the removal of the democratically elected governor of Rivers State and the dissolution of the House of Assembly were a clear violation of section 305 of the Constitution.Was the minister of Justice and the Attorney general of the federation not aware of a subsisting Supreme Court judgment that declared the removal of an elected governor under the guise of a state emergency,unconstitutional,null and void?
There is a willing national Assembly in an unholy collaboration which approved the declaration of a state of emergency in Rivers State via a voice vote instead of the Constitutional two- third requirement of All the members of the national Assembly.Section 305.(6) b is unambiguous on the requirement of the national Assembly.The Nigerian Bar Association,(NBA), and well meaning and patriotic Nigerians raised their voices in condemnation of the gross violation of the Constitution and the laws of Nigeria by president Tinubu and his national Assembly in the dismantling of the democratic structures of Rivers State.The president remained deaf to these decent reproaches . Instead he brought in a figure who is not not only alien to Rivers State , but comes from the military, a group well known for its instinctive command and obey conventions. The new sole Administrator , was a strange ideological attack on Rivers state and our maturing democracy.
The defection of the 27 members of the Rivers State House of Assembly elected on the platform of PDP into the APC was done in the broad day light and in the hallowed chamber of the Rivers State House of Assembly.The 27 members further deposed to a Court affidavit to affirm their defections and membership of APC.
Nigerians expected the Judiciary to interprete section 109.1(g) of the Constitution in respect of the 27 members.The provision of the Constitution is clear, and stipulates that,”a member of a House of Assembly shall vacate his seat in the House of Assembly being a person whose election to the House of Assembly was sponsored by a political party,he becomes a member of another political party before the expiration of the period for which that House was elected”. Instead of the Supreme Court of Nigeria to interpret the Constitution and give judgment on the status of the 27 members,it preferred to castigate the governor for upholding the provisions of the Constitution and order that the governor should obey the laws made by 27 members whose membership of the Rivers State House of Assembly has not been resolved by the Supreme Court.
The judgment of the Supreme court that ordered the governor of Rivers State to obey the laws that were made by 27 members whose membership of the House has not been decided by the Supreme Court opened the floodgates for the defection of members of State and national Assembly into the ruling APC in clear violation of section 109.(1)g and section 68.(1)g of the Constitution of Nigeria.What type of democracy do we have in Nigeria where the National Assembly,the president and the Judiciary cannot uphold the Constitution and the laws of the country?
In July 11 ,2024 ,the Supreme Court of Nigeria in a landmark Judgment granted Autonomy for the Local Government Councils in Nigeria.This judgment was a response to the request to the Supreme Court by the Attorney general of the federation for an interpretation of section 7 of the Constitution and other sections in respect of the allocation from the federation account to the Local Governments in Nigeria.The Supreme Court held that allocations from the federation account to the Local Governments should be sent directly to the individual account of the Local Governments in Nigeria.This is almost one year after the Judgment,yet, President Tinubu and his Attorney General of the federation who was the plaintiff in the matter refused to implement the judgment of the Supreme Court.When politics is raised above law,the fundamental basis of democracy and rule of law will be eroded.When Rule of Law is erased in a democratic government, what is left is a clear authoritarian regime.
The court of Appeal gave a judgment that the Local Government Council Chairmen and Councillors elected on the platform of APC in Osun State were the authentic elected officials of the Local Government Councils and asked for the removal of those that were elected on the platform of PDP.The governor of Osun State elected on the platform of PDP decided to keep the Council officials elected on the platform of PDP in office in disobedience of the judgment of the Court of Appeal.The federal government reacted by withholding the federal allocation to the Local Governments in Osun State.
In Edo State,the State High Courts declared unconstitutional ,null and void the removal from office of Local Governments Chairmen and Vice Chairmen elected on the platform of PDP by the elected APC governor of Edo State.The governor of Edo,ignored the Judgments of the State High Courts and the Supreme Court and continued to keep illegal Chairmen and Vice Chairmen in the Local Government Councils in Edo State.These facts are known to the Attorney general of the federation.The APC federal government under the leadership of president Tinubu continue to send the federal allocation to Edo State Local Governments to the APC governor of Edo State who has disobeyed the laws of the State,the Constitution of Nigeria and the Judgment of the Courts.
The selective application of the laws by federal government under president Tinubu is obvious and it is a violation of the ethics of democracy and the rule of law.
From former president Yar’ Adua,to Dr.Goodlick Jonathan and to Gen.Buhari there were efforts for the reforms of electoral laws for credible conducts of elections in Nigeria.President Tinubu is not talking about electoral reform or re- structuring that used to be his sing song.He is pre- occupied with the celebration of governors and law makers that are violating the Constitution of Nigeria in their defections into his party and focused on how he can remain in office beyond his first tenure even if the laws and Constitution are rubbished by desperate political actors.Even if all the 36 States governors and all members of the national Assembly join the APC,it will not guarantee victory for APC in a free and fair election.Mr.President,in a democracy it is the people of Nigeria that should determine the outcome of the elections not governors.
The celebration of 30 kilometers of Lagos – Calabar coastal highway is not superior to the rule of law.It is even more scandalous that the federal government under your leadership will be celebrating 30 kilometers out of over 700 kilometers proposed road in two years with an estimated cost of more than 4 billion Naira per kilometer.Floating of Naira and removal of fuel subsidy is not superior to the rule of law.In any case ,the gains on fuel subsidy removal and floating of Naira is meant to punish hard working Nigerians because exotic cars are imported from abroad, for government officials without considering local producers.Foods that can grow in 3 months in Nigeria are being imported under your watch.The consequences of your economic decisions are low productivity, externalization of the resources of the country, unemployment, hunger, insecurity across the country.
President Tinubu,it is not too late for you to make a choice to be on the right side of the history of Nigeria.Democratic government in Nigeria under your leadership is without the rule of law, due process in public service and well-being of the citizens.Mr president, you should take the lead for electoral reform in Nigeria in order to ensure the type of credible presidential election Nigerians now celebrate on Democracy Day. Ghana is conducting peaceful,free and fair elections.Nigeria can do better than Ghana in the conduct of elections if you are committed to the survival of democracy in Nigeria.
I listened to the president of Senate, Senator Akpabio when he was advising the governors on how to choose their successors at the expiration of the tenure in office.He was loquacious and a complete disgrace that the president of Senate in a democratic government will ascribe the right to choose a governor of a State to outgoing governors.Mr president, please tell Senator Akpabio that it is not the right of the governors to choose their successors,it is the inalienable rights of the citizens to elect governors of their choice in a free and fair election.
Democracy is about the people and it is about the rule of law.2027 presidential election should be about the people freely and fairly electing the president of their choice in a credible election.
Dr.Isaiah Osifo is a farmer and a University teacher.
Email – isaiahosifo@gmail.com
June 12,2025.