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Neither a Candidate nor an Office Holder be! (111) For a Level Playing Field Adopt the BANGLADESH "FORMULA". By In parts 1 and 11, I analyzed the basis of the fears over "self-succession" organized by an office holder and I came to the conclusion that these fears of Nigerians, political parties, ethnic nationalities and individuals are genuine and real. I called for a level playing field. But I did not say how this would come about.
In this part, i.e. part 111, I am making a case for a level playing field for the office holders and their challengers/candidates as the basis for a free, fair and credible election in 2003. I am calling on the leaders of all political parties, ethnic champions and individuals that this is their best opportunity to argue their case.
PRESIDENTIAL CANDIDATE OBASANJO AS A NON-OFFICE HOLDER President Obasanjo can be a Presidential candidate. But he should understand that in order to make the 2003 contest a credible affair he would have to make some fundamental decisions.
He as a presidential candidate and the President, Commander in Chief of the Nigerian Armed Forces of Nigeria intimidates other candidates. Under such a situation there would be no level playing field for him and other candidates.
In the context of genuine and perceived fears over "self-succession" from many quarters that may have implications for the credibility of 2003, something would have to give. President Obasanjo is the one who should lead the political class to see that something is done and done NOW. President Obasanjo has more to lose, if the 2003 does not go well.
PLEA OF EXISTING CONSTITUTION IS NO SOLUTION TO ELECTION CRISIS I am aware of the Constitution and what it says about the election. I hope President Obasanjo would and should go back to the question posed by his Ambassador to the US, Professor Jubril Aminu. "Suppose the election does not go well and all parties reject the result, what would you, Mr. President who is doubling as the Presidential candidate of a party and the beneficiary of the disputed election do"? The Constitution does not help in the situation of highly disputed election. The Bangladesh political parties knew of the Constitution when the political leaders came to this decision and proffered this solution in the 13th Amendment to their Constitution. Nigerian political class led by the President can do that NOW.
Whatever action is contemplated, it must start with the person of the President as President, Commander in Chief of the Armed Forces of Nigeria who is doubling as President Obasanjo as well as the PDP Presidential Candidate in 2003.
It is my humble submission that President Obasanjo as the PDP candidate and as President of Nigeria would not be able to provide a level playing field to all candidates competing with him in 2003. This is the crux of the matter; this is at the root of the fears about 2003 and this is critical to its credibility.
A LEVEL PLAYING FIELD AND "BANGLADESH FORMULA" Accuse me of being a c copycat. And so what? I am going places to find out how a level playing field can be assured all candidates in 2003 so that Chief Obasanjo can make the FIFTH feat in his political life and in the political life of Nigeria.
By the way for the information of those who do not know and would want to accuse me of copying, let me make one point. Many Nigerians do not know that there is nothing original in the 1979 that formed the basis of subsequent Constitutions. The Constitution Drafting Committee (CDC) copied from elsewhere.
The Nigerian Constitution since 1979 including the current 1999 Constitution lifted sections of the Indian Constitution that later found their way to the Bangladesh Constitution since 1972. I am referring to what in the Nigerian Constitution of 1979 to 1999 is called the "Fundamental Objectives and Directive Principles of State Policy" that is identical with the "Fundamental Principles of State Policy" in the Bangladesh Constitution. It is my humble opinion that Nigeria should still further benefit from Bangladesh and other countries.
I have been since 2001 been giving much thought to the issue of having a level playing field for all political parties and the candidates. I have been following the quest for a shot at the presidential nomination by many peoples and groups. All the various interest groups and the various zones and regions that have been clamoring for their turn can only have their day in "court" as the lawyers would say if there is a level playing field for all.
Let me put it crudely, the Igbo and the south-south clamoring for opportunity to compete have no chance now or in the foreseeable future under the prevailing political order unless there is a fundamental rethinking on how to have a level playing field for all groups in Nigeria. This was what was denied the Igbo since the Civil War. I was a witness to their disadvantageous position Vis a Vis the other majority ethnic groups as we commenced the transition to civil rule in 1977. The efforts that the minorities in the south and in the north tried to make in 1977 failed in the end because there was no level playing field for all. The military only recognized the tripod. Even within the tripod, the Igbo was left out. That has not changed till today and would not change under the prevailing political order.
The closest example to what Nigeria needs at this time to provide for a level playing field for all candidates is the practice in Bangladesh that was adopted as the 13th Amendment to the Constitution in 1991. This is a unique feature that was the choosing of all the political parties in Bangladesh. The political leaders of the various political parties were not prisoners to their Constitution. They knew what the problem was and the party leaders were able to come together and resolve it. This in my view is the challenge that I am bringing to the leaders of the political parties and the ethnic groups and individuals flexing their muscles about 2003 that there is a way out of the dilemma they find themselves.
What Bangladesh politicians did in 1991 is unique. I am still to see it anywhere in the Commonwealth. The Nigerian political class if they are committed to democratic election, should behave like the Bangladesh politicians adopt a variant of what I call the Bangladesh Formula.
Under this amendment, the general election since 1991 in Bangladesh is usually held under a NEUTRAL, NON-PARTY CARETAKER GOVERNMENT. This is what we need in Nigeria today. I pray and I wish that the Nigerian political leaders would see the merit in this and not be a victim to the Constitution. The question posed by Ambassador Jubril Aminu has no answer in the Constitution. The answer calls for that wonderful saying, "a stitch in time …….."
BANGLADESH FORMULA MAKES VOTERS THE KING Under this system in addition to guaranteeing a level playing field for all-political parties and candidates, the voter is the king. For the first time the voter, his or her vote is made to be his or her voice.
As it is described in the information sheet in the WWW on Bangladesh, it is stated that: Through this system the people of Bangladesh got back their lost right to vote freely and independently without the pressures of the reigning government.
This is what we need in Nigeria today. We want to be able to say that the Nigerian voters for the first time in an election organized under the civilian era shall have got their lost right.
The Federal or State Governments and security agents and media would be removed from the control of any candidates who are doubling as officials. The office holders doubling as candidates would not be in a position to intimidate their challengers within the party and in other parties. The voters for the first time would escape the intimidation from office holders during the election. The voters for the first time would win their freedom back and be the KING.
The voters would for the first time be free to judge the records of the former office holders with the contenders. Put simply, it would work this way,
This is what is meant by a level playing field in an election.
PARTIES WOULD HAVE MEANING, PARTY LEADERS EMBRACE THIS. For the attention of party leaders, this is an opportunity for you to get your freedom back. You would get the freedom of action that would enable you to provide the needed level playing field for all aspirants in your respective political parties.
This is an appeal to the PDP National Chairman, Chief Audu Ogbeh that this is an opportunity for him to assert himself and convince Nigerians that he is not in the pocket of the President. He should work with the leaders of other political parties to push for a machinery that would ensure a level playing field in the nomination process at all levels in the 2003 election. This is the only way they can guarantee intra-party and inter-party democracy in Nigeria.
Speaking seriously one could ask, does the PDP National Chairman believe that Nigerians take him seriously that all other aspirants seeking the endorsement of the PDP would have a level playing field with President Obasanjo during the Convention of the party? He knows that that would not be possible in the next National Convention of his party that is already planned as a Coronation for President Obasanjo even before the Nigerian people elect him. To Alhaji Abubakar Rimi, Senator Ike Nwachukwu, Chief Gemade, Senator Chuba Okadigbo and others who are seeking the nomination of the PDP to challenge President Obasanjo, this is an opportunity for you to agitate for a level playing field with the President at your party’s National Convention.
This would be an opportunity to have political parties as we would want and not political parties that are tied to apron spring of the Executive.
THE TWO BASIC PRINCIPLES IN BANGLADESF FORMULA Nigeria should adopt the Bangladesh Formula or a variant of it. It is not the specific of the Bangladesh Formula that we need. What is critical are the principles behind the Formula. We should also understand and appreciate why the people of Bangladesh came by it. There are two principles governing this Formula that I wish to commend to the political class in Nigeria.
How do we apply this to Nigeria? Let me make some suggestions. They are just suggestions and nothing more. Any suggestions within the two principles should be considered.
APPLICATION OF THE "BANGLADESH FORMULA" What would be required are two things now:
OBASANJO CAN STILL GO BACK TO HIS ORIGINAL POSITION OF SIX-YEAR TERM It is a pity that President Obasanjo is not behaving according to what he genuinely felt when he came to office in 1999. From 1999, it was his view that the tenure of the President should be one term or five or six years.
He tried to amend the 1999 Constitution that would have given him an extra one or two years as part of the review of the Constitution. Unfortunately, President Obasanjo could not communicate what he had in mind to the Nigerian people and instead worked through proxies. Even his Special Political Adviser, Dr. Chukwu-Emeka Ezeife said it many times that the 2003 election was not feasible and pleaded with Nigerians for an extension of the President’s term of office to six years. What stops the President from saying so to the Nigerian people that he would not want to "succeed" himself in an election in 2003?
The President and all elected officers at all levels of government should formally seek an extension of their term beyond 2003 and vacate office at the end of the term. This applies to both the elective arms of government, the Executive and Legislature. It also applies to all political appointees.
At the of this period the Bangladesh Formula would apply. Under this option, they would not qualify to seek another term until after four years.
FAILURE TO GET EXTENSION OF TERM, RUN LIKE OTHERS Failure to secure an extension, office holders should vacate office at the end of the current term and should not double with being candidates at the same time. This is the Bangladesh Formula that office holders should have nothing to do with the election at the end their tenure of office.
Under this plan, the office holders whose term would end in 2003 are free to seek (a) the renomination of their parties and (b) seek the votes of in their constituencies like other candidates.
In seeking renom ination, there is a level playing field for the current office holders and the challengers within the party.
In seeking reelection, there is a level playing field for all political parties and their candidates.
ADVANTAGES OF CURRENT OFFICE HOLDERS Under this arrangement, the current office holders in many cases are in fact still at an advantage being former office holders with something to sell as their accomplishments.
They have built many IOU all over the place that they could tap on for their reelection. This is enough. They must not use the government machinery for their reelection at the expense of their challengers.
The current office holders have better name recognition than their challengers. This should be able to carry them to the election. They must use the State Radio and TV and the Ministry of Information to the disadvantage of their challengers.
APPLICATION OF BANGLADESH FORMULA WHEN TERM ENDS Appointed to their places are Caretaker Administrations in Abuja and in 36 States.
The Caretaker Administration will continue with routine administration.
The Caretaker Administration will perform the critical function of organizing election at all levels.
In Bangladesh, the tenure of the Caretaker Administration is three months. Because of the enormous problems that may face this innovation in Nigeria, I am proposing that the tenure of the Caretaker Administration in Nigeria should not be more than six months after 2003.
INEC The Independent National Electoral Commission would opportunity to really be independent.
There is nothing wrong with the persons of the Members of the Commission. What people complain about is the constitutional relation between INEC and the President that is also a candidate for the 2003.
If the President is no longer a candidate as an office holder that would remove whatever control the President exercises over the INEC in the performance of its functions.
The Caretaker Administration should direct INEC to conduct election beginning with the voters’ registration and the scheduling of elections.
POLITICAL PARTIES The issue of the number of political parties should be left to the interplay of democratic forces. The politicians would sort themselves out depending on the offices and level they wish to participate.
A party that is interested in just the State government needs not be a national party. In fact, a party could emerge just to take over a local council. They would have to affiliate with other parties eventually to pursue national programs. Take for example the politics of Sharia can be pursued within some states. But that does not mean that the party in such states would have no dealings with politicians in other states.
But a party that has its eye on the Presidential election would know that a national coverage is needed. Let parties decide this on their own.
Under the Presidential system, two spawning political parties would emerge. It is just natural. Zonal or regional warlords would find that it is in their interest that a two-party formation will guarantee them the position of the President that all of them crave for.
MASS MEDIA The Caretaker Administration should put the Government Mass Media under a non-partisan Board. It should conduct fair reporting of the activities of political parties and candidates. Parties and candidates should have the right to petition on issues of fairness.
The Media should give equal time to all parties and candidates. This should apply to privately owned newspapers. Paid political broadcast should be regulated.
SECURITY ORGANS All the Security Agents like the Army, police, and non- uniform security agents should come under the Caretaker Administration. Equal protection should be accorded all political parties and candidates.
SCHEDULE OF ELECTIONS The schedule of elections should be as follows: State Level: State Assembly to be followed after a week by the election of the Governors Federal Level. House of Representatives and Senate. This will be followed by the election of the President.
OPPORTUNITIES FOR ALL ETHNIC GROUPS The level playing field should not only apply to the political parties and candidates in their competition. It should also apply to all the ethnic groups in the country. They should be free to compete for any office as many times as they like in accordance with the Constitution on term limit.
The Caretaker Administration should allow all political parties to contest all the elections.
ZONING, ROTATION OR POWER SHIFT If there is a level playing field, there would be no need for any part of the country to cry over how many times’ one section produced the President in the past. This is an opportunity for the Arewa, the Ohaneze, the Afenifere and the Fourth Dimension to compete.
The political parties should be open to all Nigerians and groups. Consequently parties should not get involved in the issue of zone or region that should produce the President. All zones or groups should be free to nominate any candidate.
Parties are formed to win elections and should be free to resolve the issue of whose turn through the interplay of political forces. This should not be dictated by anybody. Parties want to win and therefore parties would determine how to put together a ticket that balances and nominate candidates that could win.
DOMESTIC MONITORS AND INTERNATIONAL OBSERVERS The Caretaker Administration should fund Domestic Monitors and accredit International Observers.
Domestic Monitors and International Observers should be involved in the entire process from the pre-Election Day activities to the Election Day activities and after the Election Day activities.
INSTALLATION OF NEW RULERS The Caretaker Administration should install the elected President who in turn would inaugurate the National Assembly.
At the State level, the Caretaker Administration will swear in the Governor who would in turn inaugurate the State Assembly.
COMPOSITION I left this to the last. In Bangladesh, the composition of the Caretaker Administration is drawn from the list of retired Justices of the Appellate Division and the last retired Chief Justice heads it.
My suggestion in Nigeria is that the last retired Chief Justice of Nigeria should head it. Serving with him I would suggest the Vice Chancellors of Federal Universities, the National President of the Nigerian Labor Congress, the President of the Nigerian Bar Association, the President of the Nigerian Council of Women Societies, and all the Service Chiefs (Army, Air Force, Navy and Police).
At the State level, the caretaker Administration should be headed by the last retired Chief Judge the Vice Chancellor of the State University, Heads of College of Education and Polytechnic.
The above is just suggestions and should be dealt with at the Summit of Party Chairmen. The important thing is that the Committee should be non-partisan. In Bangladesh it is called the "Non-Party Caretaker Government". We should call the Nigerian system the "Non-Partisan Caretaker Administration. August 2002
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