We Must Reform Elections or Perish By Emmanuel Onwubiko

A sudden but troubling pall of trepidation enveloped the Nigerian climate just before the conduct of the February 23^rd 2019 presidential poll and immediately after the long delayed announcement of results was made.

The look on the face of the Chairman of Independent National Electoral commission Yakbu Mahmood depicts a man whose conscience in running riots as he preside over the spectacular show of shame that was termed national collation of results of the Presidential election. He behaved like a lamb been led to the slab to be slaughtered by a merciless butcher.

There was indeed a general climate of mutual suspicions which characterized the ongoing campaign periods even as these anxieties, fears, apprehensions and threats of violence reached the Zenith with the actual conduct of the election in the different states and geopolitical settings of Nigeria. Recall that everywhere APC went for campaigns there were reports of stampede resulting in fatalities. The PDP also witnessed a campaign full of climate of fear in that even at a point the stage collapsed leading to injuries of varying degrees.

Nigeria being a highly fractionalized and divided entity with multiple ethno religious primordial tendencies, the nation usually becomes like a theater of war during elections.

These atmospheres of violence and anxieties are usually motivated by the well-known practice of winner-takes-it all attitudes of the species of politicians that populate our civic space.

Politicians in Nigeria are anything but ideologically principled just as the political parties are mere platforms for the ventilation of the will to take power by all means.

Looking at the level of greed, avarice and lust for political power by Nigerian politicians, the writings of Nicollo Machiavelli, The Italian diplomat, politician and philosopher pales into insignificance.

This is because, even as the Italian philosopher envisages a political scenario that thrives on violence and avaricious quest of political power, the tendencies exhibited by contemporary Nigerian politicians is crude, primitive and beyond apprehension.

Niccolo Machiavelli (1469 – 1527) dramatically tasked politicians to up their game of politics by calculating even before seeking for office.

Hear him: “How laudable it is for a prince to keep good faith and live with integrity, and not with astuteness, everyone knows. Still the experience of our times shows those princes to have done great things who have had little regard for good faith, and have been able by astuteness to confuse men’s brains, and who have ultimately overcome those who have made loyalty their foundation.”

He then stated: “You must know, then, that there are two methods of fighting, the one by law, the other by force; the first method is that of men, the second of beasts; but as the first method is often insufficient, one must have recourse to the second."

Machiavelli argued that it is therefore necessary for a prince to know well how to use both the beast and the man. "This was covertly taught to rulers by ancient writers, who relate how Achilles and many others of those ancient princes were given to Chiron the centaur to be brought up and educated under his discipline."

He is of the considered opinion that the parable of this semi-animal, semi-human teacher is meant to indicate that a prince must know how to use both natures, and that the one without the other is not durable.

He then added: “A prince being thus obliged to know well how to act as a beast must imitate the fox and the lion, for the lion cannot protect himself from traps, and the fox cannot defend himself from wolves. One must therefore be a fox to recognize traps, and a lion to frighten wolves. Those that wish to be only lions do not understand this."

Therefore, he expressed the opinion that a prudent ruler ought not to keep faith when by so doing it would be against his interest, and when the reasons which made him bind himself no longer exist. If men were all good, he said, this precept would not be a good one; but as they are bad, and would not observe their faith with you, so you are not bound to keep faith with them. Nor have legitimate grounds ever failed a prince who wished to show colourable excuse for the non-fulfillment of his promise. Of this one could furnish an infinite number of modern examples, and show how many times peace has been broken and how many promises rendered worthless, by the faithlessness of princes, and those that have been best able to imitate the fox have succeeded best.

Hear him: "But it is necessary to be able to disguise this character well, and to be great feigner and dissembler; and men are so simple and so ready to obey present necessities, that one who deceives will always find those who allow themselves to be deceived.”

Pathetically, most politicians in Nigerians educated in the best Universities in the West often read this book of Nicollo Machiavelli and therefore play politics of vendetta and mercantilism.

As General Sani Abacha, the late maximum dictator would always use the words “for the avoidance of doubts,” may I say for the avoidance of doubts, that it would be germane to relate our postulation here vis-à-vis the actual theorization made by Nicollo Machiavelli in his infamous political writing known as “The Prince and relate it with the goings on in Nigeria with specific reference to the cocktails of electoral heists by INEC and its political cohorts and partners in crime. 

The adoption and practice by Nigerian politicians of the theory of violent and criminal manipulation of the electoral system to gain office as contemplated by Machiavelli, must be demolished by the collective will of the people of Nigeria who must do all within our power to reform the conducts of elections. Look at how the governor of Imo state Rochas Okorocha was accused by the returning officer of abducting him and forcing him on gun point to declare him as the winner of the Orlu Senate seat. Nigerians must rise up and show righteous indignation. 

The first step, is for the Nigerian people to reject all forms of electoral bribery and to insist on doing what is right and just.

The people also need to cultivate and Master the art of resisting all these tendencies of buying their consciences during elections and as a collective,  must stand their ground and insist on the announcement of their best choices or ventilate their angst through civil disobedience if need be. A revolution is not a bad idea either.

This is imperative if the country must get it right and choose the persons who would build the foundation for the delivery of good governance and specifically because it is true that “until philosophers are kings, cities will never have rest from their evils,” as stated by Plato in his Republic.
The Nigerian people must begin to clamour for the reforms of the electoral system and the restructuring of the nation, to deemphasize the control of wealth and resources of the nation by the elected politicians but the national wealth must be controlled by the people through the strengthening of the relevant institutions put in place to provide checks and balances.

It is precisely because election into executive offices guarantees total immunity from criminal prosecution that those who manipulate elections and are railroaded into offices use the opportunities to steal us blind and going by section 308 (1) of the constitution, those elected to govern who decide to steal may be empowered financially after eight years tenure, to hire the services of the best lawyers to delay the delivery of justice.

The people of Nigeria must begin now to ask for the abrogation of section 308 (1) and to support all legislative frameworks that would make INEC, EFCC and the armed security forces, free from all executive encumbrances and emasculation.

We must either reform our elections or be prepared to perish as a nation in no too distant time.

*Emmanuel Onwubiko heads HUMAN RIGHTS WRITERS ASSOCIATION OF NIGERIA (HURIWA) and blogs @ www.huriwanigeria.com; www.huriwa@blogspot.com; www.thenigerianinsidernews.com; www.emmanuelonwubiko.com.

Elections: INEC WORST THAN EVANS, THE BILLIONAIRE KIDNAPPER- Says HURIWA:

A leading pro-democracy and non-governmental body – HUMAN RIGHTS WRITERS ASSOCIATION OF NIGERIA (HURIWA) has described the just ended presidential and National Assembly election as a charade and a monumental travesty of justice just as it has encouraged the presidential flag bearer of the leading opposition party – Peoples Democratic Party (PDP) Alhaji Atiku Abubakar to explore the legal option which he has opted for.

HURIWA said in terms of categorizing the crime committed by INEC in manipulating the outcomes of the Presidential and National Assembly's polls in favour of All Progressives Congress, the Independent National Electoral Commission's officials committed a more egregious and satanic crimes than the alleged billionaire kidnapper Mr. Evans.

The group therefore wondered why on one hand some persons including government officials are celebrating over the massive electoral thefts done by INEC but are silent or supportive even as Evans the kidnapper is being prosecuted.

HURIWA said the double standards shows that Nigeria is an unjust community of individuals that support travesty of justice committed by elite but would very rapidly carry out mob justice on petty criminals. 

However, the Rights group expressed pessimism that with the near destruction of judicial independence by President Muhammadu Buhari through the unconstitutional suspension of the Chief Justice of Nigeria Sylvester Kanu Onnoghen over nebulous charges and his (Buhari's) persistent disobedience of several court orders in the cases of erstwhile national security Adviser Colonel Sambo Dasuki and the leader of Shiites Islamic Movement Sheikh Ibraheem El’ Zackzacky, a recourse to the justice system may not effectively redress the perceived electoral heist suffered by the leading opposition figure. HURIWA accused Buhari of deploying the Economic and financial crimes commission (EFCC) and Department of state services (DSS) to intimate and sow fear in the minds of judicial officers.

In that vein, HURIWA has charged the erstwhile Vice President Alhaji Atiku Abubakar to invest his resources and time towards building constructive and formidable opposition platform that would galvanize the public towards actualization of holistic electoral reforms to guarantee free and fair polls in the future.

In a media statement by the National Coordinator Comrade Emmanuel Onwubiko and the head of legal Barrister Sylvia Nneka Okonkwo, HURIWA described the presidential poll conducted by the Yakubu Mahmood – led INEC as “the most predatory and roguish political enterprise that has ever happened in the twenty century world.”

“The election was anything but peaceful, transparent, free and fair, just as the collation of results at the national level was choreographed to appear like a scenario whereby a robbery gang took their time to allocate the looted fund to themselves whereas the victims are left to agonise and pass through trauma. The European and so called observers from ECOWAS; AU and Commonwealth were bribed to endorse the sham elections by INEC".

“The election witnessed the most brazen acts of deprivation of the right to vote technically and systematically implemented by INEC against the southern voters and most especially, voters bearing Christian names because of the widespread perception that Christians would normally not vote for a government that did nothing to stop the genocide against them by armed Fulani herdsmen."

HURIWA condemned the electoral violence that trailed the polls in Kogi, Rivers, Bayelsa, Lagos and the deliberate disenfranchisement of Igbo voters in Lagos and Sabon Gari, Kano by the political godfathers of those states in collusion with INEC.”

HURIWA stated that the pains of the manipulation of the election may take years to heal but the group has called on like minded ideological citizens to organize themselves and champion the cause of achieving total electoral reforms to make the electoral body truly independent.”

HURIWA has therefore called on the police to arrest and prosecute all those who disrupted the polls as captured by the vigilant cameras of patriots Nigerians which are circulating on verified accounts of several credible statesmen and women of truth.

 “Sweeping the organized crimes that happened during the elections behind the carpets of impunity is no longer an option. We condemn all those who are gloating and celebrating over the results of the election which in all honesty is worst than the crimes ascribed to the Evans the Billionaire Kidnapper.”

How not to conduct elections By Emmanuel Onwubiko

“The witnesses standing at the edge of the field were staring in horrified silence, too stunned to speak. The nightmare dredged up from some deep, dark depths of primitive man’s collective unconscious. Each witness had a different reaction. One fainted. A second one vomited. A woman was shaking uncontrollably. Another one thought: I’m going to have a heart attack! The elderly priest clutched his beads and crossed himself. Help me, Father. Help us all. Protect us against this evil incarnate. We have finally seen the face of Satan. It is the end of the world. Judgment Day has come.”

The above is the prologue of an award winning novel titled 'The Doomsday Conspiracy' by Sidney Sheldon.
But these scenarios painted graphically herein in this novel represents the clearest description of the atmospheric trailing the conduct of the February  23rd 2019 election in which several conspiracy theories have been unleashed by the sheer volume of empirical evidence of dereliction of duty by the Independent National Electoral Commission (INEC). The main conspiracy theory is that the prolonged delay in publishing the results of the Presidential election is surely one way of manipulating the outcomes to favour the incumbent President Muhammadu Buhari against his main challenger Atiku Abubakar who is the favourite to win going by several pre-election projections and opinion polls. 

To begin with, we need to note that election is the process of selecting through the exercise of the right to vote by citizens, the group of persons or the individual that would pilot the affairs of the nation state or a part thereof for a given period of time.

In the case of Nigeria the constitution which is the grund norm specifies that there is a four year tenure for all elected executives and legislators both of the national and state levels.

The exercise of the right to vote or the civil and political rights as enshrined in the nation’s supreme law is said to be the most sacred national task of all eligible citizens. Those who get elected by the free will and free choice of the voters are then clothed with the legal authority and legitimacy to preside over the affairs of the nation politically for the constitutionally allowed duration.

Emeka Onwubiko who is a philosopher and a  post graduate Law student  in Australia informed this writer that the Australian nation makes voting by all citizens compulsory so long as you are up to the age of universal adult sufferage just as he disclosed that defaulters are fined around $30 dollars for failing to vote.

In Nigeria, the institution created by law to conduct periodic elections is known as the Independent National Electoral Commission (INEC) just as Third Schedule, part 1, article 14 (1) provides as follows: “The Independent National Electoral Commission shall comprise the following members - (a) a Chairman, who shall be the Chief Electoral Commissioner; and (b) twelve other members to be known as National Electoral Commissioners, who shall be persons of unquestionably integrity and not less than fifty years and forty years of age, respectively.”

INEC is created by virtue of section 153 (1) even as section 158 (1) confers autonomy to INEC thus: “153 (1) There shall be established for the Federation the following bodies, namely: (a) Code of Conduct Bureau; (b) Council of State; (c) Federal Character Commission; (d) Federal Civil Service Commission; (e) Federal Judicial Service Commission; (f) Independent National Electoral Commission; (g) National Defence Council; (h) National Economic Council; (i) National Judicial Council; (j) National Population Commission; (k) National Security Council; (l) Nigeria Police Council; (m) Police Service Commission; and (n) Revenue Mobilization Allocation and Fiscal Commission.”

“158 (1) In exercising its power to make appointments or to exercise disciplinary control over persons, the Code of Conduct Bureau, the National Judicial Council, the Federal Civil Service Commission, the Federal Judicial Service Commission, the Revenue Mobilization and Fiscal Commission, the Federal Character Commission, and the Independent National Electoral Commission shall not be subject to the direction or control of any other authority or person.”

These constitutional provisions are put in place to safeguard the credibility and integrity of the electoral process even as the independence of the body is also provided for in such a robust manner that the tenure of office of those who constitute the hierarchy of the electoral process are protected from undue infringements by the executive given that it would take the national Assembly’s vote to terminate their appointments.

However, since democracy came in 1999 till date, the electoral body has consistently lowered the standards and ethical frame works under which elections have been conducted even as corruption has eroded the integrity and credibility of the electoral system to such a toxic extent that majority of the electorate see election as cash-and-carry transactional activity.

The February 16th 2019 presidential poll which was postponed and later conducted around February 23^rd is the worst in terms of credibility and trust of the people of Nigeria given the numerous hiccups and the inefficient; inelegant and corrupt tendencies being exhibited by officials of INEC to an extent that 48 hours and counting after election was held and results collated at the points and units of actual voting exercises, there are no results officially released by the national Returning officer who is the head of INEC.

The undue delay in releasing the results by the electoral body has generated a groundswell of doubts, skepticism and erosion of trust by Nigerians; most of whom believe that INEC has compromised the integrity of the process by manipulating the results in favour of preferred presidential candidate.
The tardiness of the Yakubu Mahmood – led INEC takes us to the recent book done by two Harvard University Professors titled “How Democracies Die”.

This award winning book is of the position that the deliberate undermining of the legal autonomy of the electoral body is the fastest way of the collapse of democracy and the birth of autocracy and tyranny.

Chapter 4 of this book by Professors Steven Levitsky and Daniel Ziblatt narrates the ordeals of Peruvians in the hands of Alberto Fujimori; the one time elected democrat who later transmutated into a full blown dictator by blowing off the roofs of institutional independence of democratic institutions and the judiciary.

The story of Fujimori is not fundamentally different from that of Muhammadu Buhari who became president through a democratic process in 2015 but who has progressively destroyed legislative and judicial independence of key institutions and has become the incumbent president in whose tenure the country witnessed the bloodiest election.

The authors of How Democracies Die stated in short that: “Fujimori got off to a rocky start. Congress failed to pass any legislation during his first months in office, and the courts did not seem up to the task of responding to the mounting terrorist threat. Fujimori not only lacked experience with the intricacies of legislative politics, he also lacked the patience for it. As one of his aides put it, Fujimori “couldn’t stand the idea of inviting the President of the Senate to the Presidential palace every time he wanted Congress to approve a law.” He preferred, as he sometimes bragged, to govern Peru alone – from his laptop.”

They wrote too that: “The assault rarely ends there. Though observers often assure us that demagogues are “all talk” and that their words should not be taken too seriously, a look at demagogic leaders around the world suggests that many of them do eventually cross the line from words to action. This is because a demagogue’s initial rise to power tends to polarize society, creating a climate of panic, hostility, and mutual distrust. The new leader’s threatening words often have a boomerang effect. If the media feels threatened, it may abandon restraint and professional standards in a desperate effort to weaken the government. And the opposition may conclude that, for the good of the country, the government must be removed via extreme measures – impeachment, mass protest, even a coup.”

In the same vein, Buhari dismissed the chief Justice of Nigeria in flagrant violation of the constitution and the presidential election in which he is a contestant has become muddled up in needless controversy because INEC is currently taking ages to reach a determination of who the winner is even as the security forces interrupted the conduct of the polls and disrupted the process. The World is taking note and the global media are paying considerable attention.

Few hours back, one of the foreign online medium reported that Chris Smith, a ranking member of the US House Subcommittee on Africa, has alleged that votes are being tampered with in the ongoing Nigerian elections.

In a message posted on the US house website, Chris Smith is quoted thus”

“Yesterday, Nigeria voted. Today, votes are being counted. I am very concerned by credible reports that the vote is being tampered with. To avoid any manipulation of the tally, it is critical that the Independent National Electoral Commission (INEC) announce without delay actual results — which are certified by party agents and observers — at each polling unit as the vote is tabulated.

“Well-placed sources report that in some states and localities — including Anambra, Enugu, Ebonyi, Imo, Abia — INEC commissioners are receiving enormous pressure to alter poll results.  This must not be allowed to happen.

“The eyes of the United States, of Africa, and the world are upon Nigeria and INEC.  I also ask Secretary Michael Pompeo to hold accountable anyone who seeks to cheat the Nigerian people — who have waited patiently — of their vote or foments violence.”

The media went further thus: Nigerians voted, with minor glitches, on Saturday for presidential and National Assembly positions in the 36 states of the country.

The country’s electoral body, INEC has announced that the announcement of results will commerce 11 am on Monday.

The media rightly reported that sporadic violence were reported in some parts of the country mostly in the South South, South West and North central regions. Figures of death casualties stand at 20 with 15 being shot dead by the military in the riverine community of Abonnema in Rivers state.

According to the report, the People’s Democratic Party (PDP) earlier accused the ruling All Progressive Congress of planning to rig the elections.

The APC has also accused the PDP of planning to procure a court injunction to stop INEC from announcing the result of the elections tomorrow.”

To be very candid, this isn't how elections are conducted. INEC under Yakubu Mahmood has brought global opprobrium to Nigeria. Big shame!

Nigerians must organize and take back their Country from reactionary forces.  Sadly, as we await the announcement of the muddy and compromised election, Nigeria may never be the same for at least a decade.

*Emmanuel Onwubiko is Head, HUMAN RIGHTS WRITERS ASSOCIATION OF NIGERIA (HURIWA) and blogs @   www.huriwanigeria.com; www.huriwa@blogspot.com; www.emmanuelonwubiko.com; www.thenigerianinsidernews.com.

MY FIRST VOTING EXPERIENCE

My name  is  Obilor Gracecliff , I registered  my Permanent voters card in the area where I live, Umuahia North Local Government Area in Abia  State.

I stepped  out from my apartment  as early as  8:00am, on reaching the polling unit, The INEC officials are yet to arrive at the  station , so many people  were there to perform their  Civic Obligations too but they were very disappointed because the  materials  for  the  Voting Exercise were not  there. We had to wait till 11:32am before they could arrive and they started arranging themselves until 12:00noon by then people got so angry and depressed that some left for their
homes. My Unit was  for  people with code 026 and 027 on their cards, but the INEC Officials said  that the  materials for 027 is not ready yet, Hence, the party agents got offended and I was  worried, when I tried speaking to few people I found  out  their grievances are channeled  towards  the INEC Officials for  telling us that they are ready but at the end of the  day they were not. Finally the INEC
Officials decided that those with Card Code 026 will start, when the officials with Card Code 027 materials come they can start. We started, ALAS; I observed that since morning they came, it have been one Policeman and a police woman securing the place together with a pregnant Civil Defense Woman and her Colleague (all Unarmed). I was Shocked and I kept wondering why women should be used for Security in such places.

Voting  started at about 12:30pm with people fighting and arguing about their positions in the  queue, hence  giving  the impression of  a  zero security to guide the people or  direct them on what to do, the most depressing aspect of this is the Card Reader could not  verify the finger prints of most of  the  voters/individuals.

After wasting  time  on the  Card  Reader queue and top it  all it failed  also to verify your  finger print, you now  have  to go back to the queue for checking it manually and it is a fresh queue where you have to stand under the hot sun again.

After much Arguments  and Fights from people around, I  made  my  way to the Card Reader queue and when it  got  to my turn, I became a victim of those, whose Finger Prints  could  not  be  verified  by the  Card Reading Machine, I was  made  to  go to another queue to verify it manually  which I did with  grief because  I  have to struggle, shout  and  fight until I am being attended to, after which I found my name, was verified and given a ballot paper, the most shocking thing about this  whole experience was  that the whole polling booth in 026 shares just one inkpad, Then when I was given the ballot paper I had to walk around the  unit with some other people to look for the person with the  inkpad, and  when we find  it, we will then move back to where the ballot boxes are to cast our  votes. I casted my votes, I  performed  my Civic Obligation, as  at 5:00 O’clock pm the INEC Officials arrived with the  materials for individuals with Card number 027 after which they arranged  themselves as usual and voting commenced  for 027 card  holders, by that time some individuals have already gone home in  anger; because  there  was  a climatic change, But some individuals were willing to  stay irrespective  of the  weather , these individuals stayed till 8:30pm, saying  that their votes must count. But the  worst of it  all is  that I observed that No INEC Vehicle was inside  the  premises, No Security was there around 8:30pm, only  few thugs smoking weeds and  some party agents making trouble and fighting  here and there over the issue of counting votes.

So many people left the arena for their safety, while some people regretted ever coming out from the confines of their homes to meet the trouble of those thugs in the Polling Station. Meanwhile I left the arena for my own safety because it is so ungodly to be there at that point in time. Voting continued in many polling units on the 24th of February, on a Sunday, those who did not vote on Saturday, had the opportunity to do so.

MY OBSERVATIONS HEREIN SO MANY THINGS
Most of the INEC Adhoc Officials and Youth Corpers were not trained properly.
The Card Readers disappointed
The INEC Officials were not prepared and organized.
The Security Standard was on a zero level

Nigeria Decides: HURIWA tasks voters on votes' buying: *Challenges Security forces to pick up Tinubu for anticipatory bribery offer:

A leading pro-democracy and Non-governmental organization – HUMAN RIGHTS WRITERS ASSOCIATION OF NIGERIA (HURIWA) has warned voters to reject all entreaties/enticement to be bribed by politicians but to cast their votes on Saturday based on clean conscience bearing in mind that Nigeria has become the world’s capital of poverty and also very unsafe.

The Rights group said it was regrettable that a nation with the global reputation as that which has some of the most religious people is at the same time deeply entrenched in the criminal and the morally reprehensible acts of accepting bribes from rogue politicians so as to mortgage their consciences to vote for such bribe givers.

Besides, HURIWA has wondered why all the relevant security agencies have paid deaf ears to the widely reported leaked audio of a meeting by the national leader of All progressives Congress (APC) Ahmed Bola Tinubu in which he was heard promising to offer monetary rewards to potential voters who would have voted for the incumbent president.

According to the National Coordinator Comrade Emmanuel Onwubiko, the security agents are playing double standard and behaving like slaves of All Progressives Congress (APC) by not inviting the party chieftain for questioning since financial inducements verbally in anticipation of votes are same breaches of electoral Act outlawing votes buying.

“It is sad that the institution of the law enforcement have become like armed guards of the party that produced the incumbent president by either chasing after leading political opponents of president Buhari or engaging in the illegal profiling of Igbo speaking officials of Independent National Electoral Commission (INEC) since after the botched February 16^th election even when the Niece of president Buhari in INEC Mrs. Amina Zakari reportedly heads the logistics and operations committee in the electoral commission blamed for the surreptitious eleventh hour’s postponement of the long scheduled February 16^th 2019 presidential and National Assembly Polls."

HURIWA then challenged the electorate to consider the issues of ballooning poverty; high youth unemployment and widespread insecurity including unrelenting terrorists attacks and armed Fulani killings in the last three years as necessary factors that should govern their choices before they cast their votes given that the future of Nigeria is at stake.

HURIWA recalled that according to the World Poverty Clock, created by Vienna-based World Data Lab, 91.16 million Nigerians were living below a dollar a day as of February 13, 2019.

In June 2018, the Brookings Institution projected that Nigeria had overtaken India, as the poverty capital of the world, with 86.9 million extremely poor people.

HURIWA recalled that this was further confirmed by the British Prime Minister Theresa May, who said Nigeria had become home to the largest number of very poor people in the world, putting the figures at 87 million.

“Much of Nigeria is thriving, with many individuals enjoying the fruits of a resurgent economy, yet 87 million Nigerians live below $1 and 90 cents a day, making it home to more very poor people than any other nation in the world,” the UK prime minister had said.

HURIWA recalled that since PM May made this observation in South Africa in August, the number of Nigerians living in extreme poverty has grown to 91.16 million, with six people falling into poverty every minute, according to Brookings Institution.

HURIWA recalled that today, India has 48.7 million people living in poverty, from 73 million in June 2018. By implication, India has pulled out a minimum of 24 million people from poverty in less than eight months.

HURIWA recalled that armed Fulani killer gangs have continued to carry out mass killings even as the central government had in recent times spent government resources to appease these killers by contemplating the establishment of cattle colonies which violates the Land Use Act of 1978 which vests all ownership of lands in the respective States. HURIWA said the latest attacks by armed Fulani terrorists belonging to the Miyetti Allah cattle owners Association of Nigeria has just happened in Agatu Benue state even as all the previous mass murderers are walking free and enjoying Presidential protection by the current administration with predominantly Hausa/Fulani Moslems controlled internal security team appointed by president Muhammadu Buhari in clear violations of the Constitutional principle of Federal character.

Shoot at Sight Order: HURIWA urges military to respect human rights

A leading pro-democracy and non-governmental organization – HUMAN RIGHTS WRITERS ASSOCIATION OF NIGERIA (HURIWA) has asked Nigerians not to lose sleep over the reported shoot-at-sight order against ballot box snatchers made by President Muhammadu Buhari.

Against the backdrop of criticism trailing the alleged directives to the armed forces by president Muhammadu Buhari to shoot to kill suspected ballot box snatchers, the Rights group said it is inconceivable to believe that such an unlawful order can emanate from a democratically elected president who has subscribed by the provisions of the Nigerian constitution which are sacrosanct inviolable and supreme.

“Nigerians must never lose sleep because president Buhari knows that it is absolutely unlawful to asked that persons in conflict with the law should be summarily assassinated because under all global human rights treaties and conventions, extra judicial executions are regarded as a crime against humanity which are inevitably captured under the Rome statues that set up the international crimes court (ICC) which Nigeria is a principal signatory.

HURIWA also expressed optimism that the current hierarchy of the Nigerian military in Nigeria are vastly knowledgeable about the extensive ramifications of the universal declaration of human rights even as it is clear that under the current dispensation, so much has been done in terms of creating awareness to military operatives to appreciate the far reaching implications of violating the right to life of citizens as captured under numerous international human rights laws and section 33 (1) of the Nigerian constitution.

Specifically, section 33 (1) of the 1999 constitution of the Federal Republic of Nigeria (as amended) states thus: “Every person has a right to life, and no one shall be deprived intentionally of his life, save in execution of the sentence of a court in respect of a criminal offence of which he has been found guilty in Nigeria.”

Also, Rome Statutes provides thus: “Article 25 Individual criminal responsibility

1. The Court shall have jurisdiction over natural persons pursuant to this Statute.
2. A person who commits a crime within the jurisdiction of the Court shall be individually responsible and liable for punishment in accordance with this Statute.
3. In accordance with this Statute, a person shall be criminally responsible and liable for punishment for a crime within the jurisdiction of the Court if that person: (a) Commits such a crime, whether as an individual, jointly with another or through another person, regardless of whether that other person is criminally responsible; (b) Orders, solicits or induces the commission of such a crime which in fact occurs or is attempted; (c) For the purpose of facilitating the commission of such a crime, aids, abets or otherwise assists in its commission or its attempted commission, including providing the means for its commission; (d) In any other way contributes to the commission or attempted commission of such a crime by a group of persons acting with a common purpose. Such contribution shall be intentional and shall either: (i) Be made with the aim of furthering the criminal activity or criminal purpose of the group, where such activity or purpose involves the commission of a crime within the jurisdiction of the Court; or (ii) Be made in the knowledge of the intention of the group to commit the crime; (e) In respect of the crime of genocide, directly and publicly incites others to commit genocide; (f) Attempts to commit such a crime by taking action that commences its execution by means of a substantial step, but the crime does not occur because of circumstances independent of the person's intentions. However, a person who abandons the effort to commit the crime or otherwise prevents the completion of the crime shall not be liable for punishment under this Statute for the attempt to commit that crime if that person completely and voluntarily gave up the criminal purpose.

In respect of the crime of aggression, the provisions of this article shall apply only to persons in a position effectively to exercise control over or to direct the political or military action of a State.

4. No provision in this Statute relating to individual criminal responsibility shall affect the responsibility of States under international law.”

“The Nigerian constitution authorizes the military to play these roles and the provisions as enshrined in section 217 (1) of the 1999 constitution goes thus: “There shall be an armed forces for the Federation which shall consist of an army, a navy, an Air Force and such other branches of the armed forces of the Federation as may be established by an Act of the National Assembly.”
“Gentlemen of the media, you will agree with me that the threats of insecurity is real, genuine and frightening because even those who hold positions of authority like governor of Kaduna state has issued death threat against foreign observers.

The Nigeria police force has spectacularly failed to carry out its obligation thereby compelling the military to step in. But doing so, the Nigerian Army being a professional institution created by the constitution must not breach the fundamental rights of Nigerians as enshrined in chapter 4 of the constitution.

“Democracy has also been explained in the Black’s Law Dictionary as that form of government in which the sovereign power resides in and is exercised by the whole body of free citizens directly or indirectly through a system of representation, as distinguished from a monarchy, aristocracy or oligarchy. It is also argued that it is a form of government usually representative, in which the powers of the majority are exercised within the framework of minorities the enjoyment of certain individual or collective rights, such as freedom of speech and religion known as liberty or constitutional democracy.”

“The New Standard Encyclopedia on its part states that democracy has three different but related meanings. Firstly, it is a form of government in which those who control the government are elected by the people and are responsible or answerable for their actions to the people. Secondly, it is a form of government in which there is no privileged class and in which individuals may rise by ability to positions of power and influence. Thirdly, it is an ideal way of life that stresses equality, liberty, individual rights, tolerance, freedom of discussion and compromise. In addition, democracy has been described by the Chambers English Dictionary as a form of government in which the supreme power is vested in the people collectively, and is administered by them or by officers appointed by them. It is a state of society characterized by recognition of equality of rights and privileges, namely political, social and legal equality.”

“The doctrine of compact was further explained by Justice Willes in Dawkins v. Lord Rokeby³ when he said “But with respect to persons who enter into the military state, who take His Majesty’s pay, and who consent to act under his commission, although they do not cease to be citizens in respect of responsible, yet they do by a compact which is intelligible and which requires only the statement of it to the consideration of any one of common sense, become subject to military rule and discipline.”

Is Election War in Nigeria? By Emmanuel Onwubiko

As I put pen to paper, millions of Nigerians are about casting their votes to elect the President that will be our national leader beginning from May 29^th 2019 for four years tenure.
Should the incumbent Muhammadu Buhari wins fairly, he will only spend 4 years and no more since he has already had the first four years.

The Nigerian constitution allows for a two terms of four years each and no more.
If the leading opposition politician and erstwhile Vice President Atiku Abubakar should coast home to victory, he may choose to exercise his constitutional right to seek for a final second four year term except he bows to pressure and allow much younger candidate to take the shot in 2023.

Even as enthusiastic Nigerians prepare to vote, the atmosphere is that of apprehension and uncertainty, due largely to the attitudes of corruption of the electoral system, by Independent National Electoral Commission.

The electoral umpire has failed to discharge the commonest of all electoral processes which is to seamlessly distribute voters’ cards to those who are eligible to vote and had indeed strenuously made effort to retrieve their voters’ cards.

This willful failure to distribute permanent voters’ cards by INEC to all registrants, compelled me to make inquiries from foreign jurisdictions regarding how elections are conducted in those nations.
My younger brother Mr. Emeka Onwubiko who read philosophy in Nigeria but is doing a law programme in Australia gave me an insightful information that in Australia, voting is mandatory for all eligible citizens.

He said anyone who chooses not to vote is fined $30 USD and if such a person fails to pay, the interest would accumulate but that it is obligatory that the fine must be paid.
He said in Australia, people are allowed to go about their duties even whilst elections happen.
This is fundamentally different from what obtains in Nigeria whereby the police takes the law into their hands by restricting movement of citizens during the duration of elections. As i will show below, the police don't have such wide powers.

From just a very innocuous research, it is indisputable that the provisions of the Nigerian Constitution are binding on governments, authorities and persons. Section 1 (1) of the 1999 Constitution provides: The Constitution is supreme and its provisions shall have binding force on all authorities and persons throughout the Federal Republic of Nigeria.

To further express the superiority of the Constitution, Section 1(3) adds: If any other law is inconsistent with the provision of this Constitution, this Constitution shall prevail, and that other law shall to the extent of the inconsistency be void.

If you probed further by inquiring about what section 45 of the 1999 Constitution says on this, we are told as follows:  45 (1) Nothing in sections 37, 38, 39, 40 and 41 of this Constitution shall invalidate any law that is reasonably justifiable in a democratic society -
(a) in the interest of defence, public safety, public order, public morality or public health; or  (b) for the purpose of protecting the rights and freedom or other persons

(2) An act of the National Assembly shall not be invalidated by reason only that it provides for the taking, during periods of emergency, of measures that derogate from the provisions of section 33 or 35 of this Constitution; but no such measures shall be taken in pursuance of any such act during any period of emergency save to the extent that those measures are reasonably justifiable for the purpose of dealing with the situation that exists during that period of emergency: Provided that nothing in this section shall authorize any derogation from the provisions of section 33 of this Constitution, except in respect of death resulting from acts of war or authorize any derogation from the provisions of section 36(8) of this Constitution.

(3) In this section, a " period of emergency" means any period during which there is in force a Proclamation of a state of emergency declared by the President in exercise of the powers conferred on him under section 305 of this Constitution.

I repeat, the restrictions by the Nigerian Police Force, through an Order by the Inspector General of Police contravenes the Section 45 of The 1999 Constitution (as amended) ; -limits freedoms, as in all cases are where they impinge on the rights of others, or where they put the welfare of the society or public health in jeopardy. The law's role is to ensure the fullness of liberty when there is no danger to public interest. The courts are the institutions society has agreed to invest with the responsibility of balancing conflicting interests in a way to ensure the fullness of liberty without destroying the existence and stability of society.

See Article 12 of International Covenant Civil and Political Rights states that expressly cites the contravention of Restrictions to Movement during Elections.
1. The right to freedom of movement during elections is essential that all those participating in the electoral process- are able to move without restrictions from the police or any other security agency or apparatus. Without fear or intimidation should have access to electoral events related like venues (e.g. Voter registration, political rallies, polling stations).This applies not only to members of political organizations and their supporters, but also to voter's and the general population.

Where voters can travel freely to cast their votes on the polling day.
Where any measures taken against any candidate, members of a political parties or voters or others subjected to pressure or threats or aggression designed to limit or prevent their right to freedom of movement.

Exceptions;
Restrictions are permitted only if provided by law and insofar as these are necessary to protect National security, public order, public health or morals or rights and freedoms of others.”
 Now the question to be asked before we delve into how elections are conducted in the United States and Britain, is to ascertain why politicians view election as warfare.

It is in the news that the Rivers state governor, who is a lawyer of many years standing and married to an accomplished jurist, had accused his political opponent and Transport Minister Chibuike Amaechi of calling out his supporters to ferment trouble during the polls in Rivers.

Rivers State Governor, Nyesom Wike, has alleged that the Minister of Transportation, Chibuike Amaechi, has concluded plans to bomb the offices of the Independent National Electoral Commission (INEC), destroy voting materials at Registration Area Centres and disrupt the peaceful conduct of the general election in the state using some unpatriotic military and police officers.

But Amaechi has described Wike’s accusations as childish and an indication that the governor is afraid and a coward. The minister also accused INEC Chairman, Prof. Mahmood Yakubu, of working for Wike, who was minister of state while he served as Director of Tertiary Education Trust Fund (TETFUND).

In a state broadcast yesterday ahead of the general election, Wike said he had credible intelligence that revealed the plot of the minister.
He said: “Credible intelligence has linked Rotimi Amaechi and his cohorts in the factionalized APC to prevent the peaceful conduct of the general election in Rivers State with the support of some unpatriotic military and police officers.

“The security officers have been detailed to provide covert operational covers for Rotimi Amaechi’s armed militants and thugs on military camouflage and fake police uniforms to bomb INEC offices, cart away or destroy voting materials at Registration Area Centres, and disrupt the voting processes across the state on a scale that will force INEC to abruptly call off elections on the ground of insecurity.”

The governor said several Hilux vehicles painted in military colours and gunboats donated by the Executive Director (Technical) of the Nigerian Ports Authority, Hon Sekonte Davies, have been handed over to the militants to carry out the attacks across the state.

He said: “May I call on the international community, particularly the United Nations, the European Union, ECOWAS as well as the governments of the United States of America, United Kingdom and France to hold Rotimi Amaechi, his cohorts in the factional APC and the compromised security officers responsible for any electoral and or related violence in Rivers State during and after the general elections”.

But in his reaction, Amaechi, described Wike as childish, afraid and a coward in his allegations.
Addressing journalists in Port Harcourt yesterday evening, he said while he would never support or embark on violence, he would never condone injustice.

Amaechi explained that his speech during Tuesday’s presidential campaign was not aimed at inciting violence but to warn Wike and his group that APC would not allow its members and supporters to be killed or harassed as was the case in 2015.

“In 2015, APC leaders were either arrested or killed. Today, we are telling him that he cannot do that again. We assured Nigerians to go out and vote peacefully. We will not allow people to be killed.
“Before today, Wike could chase us out with his thugs; he could behead us. But today, he cannot. We mean we will defend ourselves,” he said.

On the political developments in the state, the minister said, “I know that everybody has been expecting me to talk on the court cases but I will not because I am just a member of the party. The party chairman has already said that the INEC is working for the PDP.

“An example that INEC is working for the PDP is a fact that there is a stay of execution granted by the Court of Appeal, just because the INEC Chairman was Director of TETFUND under Wike as Minister of State for Education, he now chooses the Court order to implement and the one not to implement.

In Kaduna state, the other day, the governor who is facing re-election made a categorical statement calling for violence when he said foreign observers who interfere in elections will return in body bags.

But election ought to be a very peaceful process except that most politicians in Nigeria see it as a business whereby they invest their entire wealth hoping to reap abundant profits through corruption if they gain political powers.

I decided to research into brief guide to elections in two of the most famous democracies in the world being the United States and United Kingdom and i found a trailer load of facts from experts who uploaded their findings and observations and from all the resource materials i found the below stated opinions.

In America we were told that people vote for the president and their state representatives separately, while in Britain the vote is all wrapped up in one.
When Brits go to the polls in a general election, they are voting to choose who will be their local MP, most of whom are members of one of the main parties in Westminster.

The party with the most MPs then generally goes on to form the government and the leader of that party becomes prime minister.
Therefore a vote in a British general election represents, to varying degrees, a vote for a local MP, for a party and for a prime minister.

In America, the votes for the president, for senators and for members of the House of Representatives are kept separate – so in theory someone could cast a vote for a Republican president while at the same time voting for a Democrat senator.

Unlike an American president, the prime minister can change during a term because their party collectively decides who leads them – not the electorate.
For an American president to change during office they would have to be impeached (removed by a vote of no confidence), or die prematurely to be replaced by a Vice President, as with John F Kennedy in 1963.
A president is also the head of state, where a prime minister is not.

Election system
The UK uses a First Past the Post electoral system where the country is divided into 650 voting counties, called constituencies, each represented by a corresponding Member of Parliament (MP).
On polling day, voters place an X next to their choice and the candidate with the most votes at the end of the night’s count is then instated as that constituency’s MP.
The party with the most elected MPs is then left to form the ruling Government (the Executive) and that party’s leader becomes prime minister.
In America, presidents are decided by the Electoral College system whereby every vote for a particular presidential hopeful actually goes to a group of people known as “electors” – each of whom belongs to a particular party and pledges to vote for that party’s candidate.
Each state is represented by a different number of electors, depending on the size of that state’s population.
The country’s 538 electors then each cast one vote for one of the presidential candidates, and the person with more than half (270 or more) wins. The new president is then inaugurated in January of the following year.

Parliament versus Congress
Unlike the UK system, where each vote is cast for a parliamentary party as much as a Prime Minister, the US holds separate elections for its two legislative chambers: the House of Representatives and the Senate.
Where the UK parliament is made up of 650 MPs corresponding to 650 voting constituencies, each of the American states is represented by two Senators and a differing number of Members of the House, depending on the size of that state’s population.
In the US, presidential elections are fixed every four years, Members of the House are chosen every two years, and Senators every six with overlapping terms so that only a third go up for election in each election cycle.
In the UK a general election, effectively entailing the election of both a prime minister and the parliament around them, takes place every five years unless the government of the day wins the approval of Parliament to bring that date forward – as Theresa May did this time.

Campaigning
One of the key differences between the British and American systems stems from the use of campaign money: America is huge, and that means it takes a lot of cash to spread the word.
In Britain there are tight controls on what parties can spend on campaigning, and private contributions are relatively modest.
In the US, the size of the country alone demands far more from private investors to get a candidate’s message heard, and campaign spending typically runs into the billions of dollars.
The size of US rallies, too, tends to dwarf public appearances by party leaders in the UK. In either election, key states or constituencies are usually chosen for stops on the campaign trail, but US candidates tend to focus heavily on tactical “swing states” where a change in affiliation from one party to another can have a huge impact on the outcome of the election.

TV debates
It’s becoming more common in the UK, but British TV debates are not guaranteed.
In America, however, they are integral to the election cycle. Not only do presidential candidates from each opposing party debate on live TV (usually moderated by a prominent broadcast journalist), but there are also several televised debates before the primary elections take place.
In the UK, politicians are not necessarily expected to take part in televised debates, although a growing public interest in the medium has put pressure on party leaders to engage – pressure that May managed to resist this week.

Back-to-back office?
A US president is only allowed to take presidential office for a maximum of two terms. A UK prime minister can take office for as long as her or his party remains in power, and they remain leader of that party.
May i then ask Nigerians to see elections as moments of decision making in peace and tranquility.

*Emmanuel Onwubiko is head of Human rights Writers Association of Nigeria (HURIWA) and blogs @ www.huriwanigeria.com; www.huriwa.blogspot.com; www.thenigerianinsidernews.com.

*IGP lacks Constitutional Powers to restrict movements during polls: - Says HURIWA

A civil rights group – HUMAN RIGHTS WRITERS ASSOCIATION OF NIGERIA (HURIWA) has condemned the acting Inspector General of Police Mohammed Adamu for abusing the constitution by illegally imposing restrictions of movement during elections as if he has the powers of law making which is the only way to exercise constitutional power of derogation from fundamental rights at emergencies.

In a statement by the National Coordinator Comrade Emmanuel Onwubiko, the pro-democracy organization – HUMAN RIGHTS WRITERS ASSOCIATION OF NIGERIA (HURIWA) stated that in civilized climes, people are allowed to go about their lawful duties and enjoy their right to liberty and freedom of movement as long as they do not impede the conduct of the elections.

HURIWA said the age long military style restrictions of movement during elections was responsible for the outlook of elections as war situations just as it stated that even under section 45 (1) of the constitution which allows for derogation of enjoyment of some rights under chapter 4, there are clear legal steps to be adopted even as the Police Inspector General is not permitted to suo moto declare national emergency because he is ceased of the legislative powers of law making which is the only way to actualize section 45(1).

“It is indisputable that the provisions of the Nigerian Constitution are binding on governments, authorities and persons. Section 1 (1) of the 1999 Constitution provides: The Constitution is supreme and its provisions shall have binding force on all authorities and persons throughout the Federal Republic of Nigeria.

To further express the superiority of the Constitution, Section 1(3) adds: If any other law is inconsistent with the provision of this Constitution, this Constitution shall prevail, and that other law shall to the extent of the inconsistency be void.

What does section 45 of the 1999 Constitution say: 45 (1) Nothing in sections 37, 38, 39, 40 and 41 of this Constitution shall invalidate any law that is reasonably justifiable in a democratic society -
(a) in the interest of defence, public safety, public order, public morality or public health; or  (b) for the purpose of protecting the rights and freedom or other persons

(2) An act of the National Assembly shall not be invalidated by reason only that it provides for the taking, during periods of emergency, of measures that derogate from the provisions of section 33 or 35 of this Constitution; but no such measures shall be taken in pursuance of any such act during any period of emergency save to the extent that those measures are reasonably justifiable for the purpose of dealing with the situation that exists during that period of emergency: Provided that nothing in this section shall authorize any derogation from the provisions of section 33 of this Constitution, except in respect of death resulting from acts of war or authorize any derogation from the provisions of section 36(8) of this Constitution.

(3) In this section, a " period of emergency" means any period during which there is in force a Proclamation of a state of emergency declared by the President in exercise of the powers conferred on him under section 305 of this Constitution.

The restrictions by the Nigerian Police Force, through an Order by the Inspector General of Police contravenes the Section 45 of The 1999 Constitution (as amended) ; -limits freedoms, as in all cases are where they impinge on the rights of others, or where they put the welfare of the society or public health in jeopardy. The law's role is to ensure the fullness of liberty when there is no danger to public interest. The courts are the institutions society has agreed to invest with the responsibility of balancing conflicting interests in a way to ensure the fullness of liberty without destroying the existence and stability of society.

See Article 12 of International Covenant Civil and Political Rights states that expressly cites the contravention of Restrictions to Movement during Elections.

1. The right to freedom of movement during elections is essential that all those participating in the electoral process- are able to move without restrictions from the police or any other security agency or apparatus. Without fear or intimidation should have access to electoral events related like venues (e.g. Voter registration, political rallies, polling stations).This applies not only to members of political organizations and their supporters, but also to voters and the general population.

Where voters can travel freely to cast their votes on the polling day.
Where any measures taken against any candidate, members of a political parties or voters or others subjected to pressure or threats or aggression designed to limit or prevent their right to freedom of movement.

Exceptions;
Restrictions are permitted only if provided by law and insofar as these are necessary to protect National security, public order, public health or morals or rights and freedoms of others.”

HURIWA has therefore asked Nigerians to challenge the illegal declaration of restrictions in the courts of competent jurisdiction.

Feb 16th: HURIWA charges DSS, Police, armed forces on neutrality:

A prominent civil rights body – HUMAN RIGHTS WRITERS ASSOCIATION OF NIGERIA (HURIWA) has decried the sudden upsurge of politically tainted arrest and detention of officials of the main opposition party – Peoples Democratic Party (PDP) by operatives of the Department of State Services (DSS).

HURIWA has warned that should the trend continue then the elections would be tainted by corrupt practices in favour of the incumbent thereby  denying legitimacy and credibility to the process and the outcomes may occasion upsurge of migrations from the Country by those genuinely afraid for their lives because of their Political differences with the incumbent President who has demonstrated overwhelming preferences for appointing  only his tribesmen and religious cohorts into strategic internal security and defence portfolios.

The Rights group particularly condemned the illegal activities of the Kaduna state Directorate of the Department of State Services (DSS) which is akin to a total clampdown on the leading opposition political party (PDP) under guises of some phantom and trumped up charges that the political leaders are involved in the use of hat speeches.

The group lambasted the highly partisan Department of State Services for keeping mute and for her conspiratorial silence when the Kaduna state governor Malam Nassir El Rufai openly canvassed hate crime by threatening to kill off foreign observers should they interfere in the February 16^th polls.

The group said the actions and inactions of the secret police which portrays it as highly partisan and politically compromised will inevitably damage the institutional integrity of the body which is a statutory and corporate entity funded by the people of Nigeria even though the office is domiciled wrongly under the presidency. HURIWA has also promised to sponsor a bill before the National Assembly in the next session to grant full autonomy to the DSS to operate just like the Federal Bureau of Investigation (FBI) of the United States of America. 

“We are by this media intervention calling on the Director General of DSS to abide by the tenets of the constitution and carry out the obligations of the department in total compliance with the due process of the law and not turn the institution to private guards of All Progressive Congress.

“The operatives of DSS are totally wrong and prejudicial to clamp down on PDP officials who were going about the legitimate campaign activities in which case not a single life has been lost unlike the campaign rallies of the Kaduna state governor in which case fatalities were recorded and the governor called for body bags for foreign observers.”

“The arbitrary arrests and detention of the PDP officials violates the chapter 4 of the constitution and is meant to clip the wings of the opposition party and cripple multiparty democracy in Kaduna state and to foist a predetermined outcome in favour of the APC in the February 16^th election and the gubernational poll in early March.”

HURIWA specifically cited provisions of the grund norm that are breached by the arbitrary arrests and detention of opposition politicians to include; Section 35 (1) of the Nigerian constitution that states thus “Every person shall be entitled to his personal liberty and no person shall be deprived of such liberty save in the following cases and in accordance with a procedure permitted by law – in execution of the sentence or order of a court in respect of a criminal offence of which he has been found guilty; by reason of his failure to comply with the order of a court or in order to secure the fulfillment of any obligation imposed upon him by law; for the purpose of bringing him before a court in execution of the order of a court or upon reasonable suspicion of his having committed a criminal offence, or to such extent as may be reasonably necessary to prevent his committing a criminal offence.”

Section 38 (1) “Every person shall be entitled to freedom of thought, conscience and religion, including freedom to change his religion or belief, and freedom (either alone or in community with others, and in public or in private) to manifest and propagate his religion or belief in worship, teaching, practice and observance.”

HURIWA recalled succinctly that security operatives had on Monday arrested former Chairman of the Peoples Democratic Party in Kaduna State, Alhaji Yaro Makama Rigachikun just as this is coming 72 hours after the arrest of the PDP campaign spokesman in the state, Mr. Ben Bako by operatives of the Department of State Service on Saturday night.

HURIWA recalled  that  Mr. Bako, a former information commissioner, was taken to Abuja, according to the Deputy Director General of the Ashiru/Katung Campaign Council, Mr. Danjuma Bello-Sarki.

Also, the pioneer chairman of the PDP, believed to be a grassroots mobiliser in the state, was said to have been whisked away by men of the DSS.

HURIWA recalled that Rigachikun, was one of the forces behind the All Progressives Congress’s electoral victory in the state in 2015 even as things got sour and the former PDP chairman, defected from the APC to the PDP last year and vowed to join forces with other party stalwarts in the state to remove the Governor Nasir El-Rufai’s administration in the state on March 2.

HURIWA quoted the media as reporting that one Mr. Catoh said the party chieftain was arrested by the operatives of the DSS, saying that the reason for the arrest was not known.

“Yes, he (Rigachikun) was arrested about three hours ago by the DSS and his whereabouts is still unknown,” he said.

It was gathered that his arrest was not unconnected with an alleged inciting comment made at a recent rally by the politician.

HURIWA also condemned the alleged plots to deploy politically tainted police operatives in Kwara and Akwa Ibom states to manipulate the polls in favour of the APC.

Presidential Poll: HURIWA accuses INEC of premeditated compromise; *Condemns premeditated fire bombs in INEC offices:

“The chairman of the Independent National Electoral Commission (INEC) Yakubu Mahmood may have compromised the February 16^th2019 presidential poll in favour of the incumbent going by the plethora of genuine, verifiable and unambiguous evidence that Nigerians with Christian names were denied their permanent voters cards in most parts of the country and especially the federal capital territory.”

HURIWA said it has received approximately ten thousand reports from Abuja and most Northern States of persons complaining of discrimination by officials of INEC in the distribution of permanent voter's cards. The Rights group has also asked for urgent investigation by the National Assembly of the cocktails of premeditated fire bombs that have burnt down offices of the electoral commission in Plateau, Abia, Anambra States.

Making this groundswell of allegation of criminal bias against the electoral umpire is the foremost pro-democracy and civil rights body – HUMAN RIGHTS WRITERS ASSOCIATION OF NIGERIA (HURIWA) which also tasked Professor Yakubu Mahmood to clear the air regarding his adorning of the customized cap of the All Progressives Congress (APC) with the symbols of broom which is the official symbols of the ruling APC. "The adorning publicly of APC customized hat by the INEC chairman must not be overlooked because there are allegations that the cap symbolizes a certain oath of loyalty to the ideals of APC. This must be investigated".

In a media statement endorsed by the National Coordinator Comrade Emmanuel Onwubiko, HUMAN RIGHTS WRITERS ASSOCIATION OF NIGERIA (HURIWA) said the manipulation of the distribution of the permanent voter’s cards to eligible Nigerians which is skewed in favour of one religion and the Northern region is a violation of section 13, 14 (1) (2) of the constitution of the Federal Republic of Nigeria and amounts to criminal disenfranchisement of Nigerians which are absolutely prohibited.

HURIWA recalled that Section 13 of the constitution stated thus: “It shall be the duty and responsibility of all organs of government, and of all authorities and persons, exercising legislative executive or judicial powers to conform to, observe and apply the provisions of this Chapter of this constitution.” The Rights group stated that INEC by willfully denying certain sections of Nigeria of their constitutionally guaranteed right to exercise their franchise and the right to vote amounted to a grave breach of the aforementioned provision of the constitution.

HURIWA says Section 14 (1) specifies thus: “The Federal Republic of Nigeria shall be a state base on the principles of democracy and social justice. (2) It shall hereby, accordingly, declared that – sovereignty belongs to the people of Nigeria from whom government through this constitution derives all its powers and authority; the security and welfare of the people shall be the primary purpose of government; and the participation by the people in their government shall be ensured in accordance with the provisions of this constitution.” HURIWA said the unconstitutional skewing of the circulation of the voters cards to certain favoured Nigerians presumed to be loyal to the incumbent President is a breach of this aforementioned provision of the grund norm.

HURIWA recalled that By virtue of section 15 (4); 42 (1) (a) (b) (2) of the Nigerian constitution all segments of the Nigerian polity must be treated equitably and equally just as Section 15 (4) of the Nigeria constitution stated thus: “The state shall foster a feeling of belonging and of involvement among the various peoples of the Federation, to the end that loyalty to the nation shall override sectional loyalties."

HURIWA  accused  INEC of criminal discrimination which is a violation of Section 42 (1) (a) (b) (2) that states as follows: “(1) A citizen of Nigeria of a particular community, ethnic group, place of origin, sex, religion or political opinion shall not, by reason only that he is such a person – (a) be subjected either expressly by, or in the practical application of, any law in force in Nigeria or any executive or administrative action of the government, to disabilities or restrictions to which citizen of Nigeria of other communities, ethnic groups places of origin, sex, religions or political opinions are not made subject; or (b) be accorded either expressly by, or in the practical application of, any law in force in Nigeria or any such executive or administrative action, any privilege or advantage that is not accorded to citizen Nigeria of other communities, ethnic groups, places of origin, sex, religions or political opinions. (2) No citizen of Nigeria shall be subjected to any disability or deprivation merely by reason of the circumstances of his birth.”

HURIWA stated thus: “As a civil rights body that is charged with monitoring how the fundamental human rights of the citizens are promoted, protected and nurtured we are aware based on verifiable eye witnesses' accounts that millions of Southern Christians have been denied their human rights to vote.”

“We have noticed that most of those who told our field officers that they have been unable to pick up their permanent voters cards, are either Christians from the middle belt or from the South even as the citizens of the Igbo speaking states in most parts of the North and Abuja could not receive their voters cards for no clear reasons even as majority of the officials from INEC in charge of the PVCs are Moslems of northern Nigeria.”

“These are clear cases of discrimination by the leadership of INEC. We were told by some officials from INEC who are close to some of our people that the leadership of INEC believe that most Southerners and Northern Christians who are angry that president Buhari could not tackle the armed Fulani herdsmen’s attacks, have shifted their loyalty to the Peoples Democratic Party.”

“We are sending our detailed findings to the United Nations human rights council, the United States government and the European Union to report our findings regarding the systematic exclusion of Christians from exercising their rights to vote on February 16^th as perpetrated by INEC headed by the Northern born Yakubu Mahmood.”

Arms Scam: HURIWA condemns Buhari's double standard: *Calls for release of political prisoners:

Condemning what it calls continuous manifestation of deep rooted double standards in the anti-graft crusade of the President Muhammadu Buhari’s administration, a pro-transparency group – HUMAN RIGHTS WRITERS ASSOCIATION OF NIGERIA (HURIWA) has canvassed an all-inclusive fight against the scourge of corruption.

HURIWA lamented that the leadership of the Economic and Financial Crimes Commission (EFCC) headed by acting Chairman Ibrahim Magu has unabashedly demonstrated his affiliation to the ruling All Progressives Congress just as the EFCC only targets political opponents of the President. 

Citing the instance of the failure of president Buhari to adopt constitutionally guaranteed yardstick in prosecuting all indicted top security officials in the alleged arms procurement scandal, the Rights group stated that the refusal to try the duo of internal Affairs Minister Lieutenant General Abdulrahman Danbazau and the National Security Adviser Major General Babagana Monguno has shown that the entire claims of the current government to be committed to the anti-graft war remains substantially  a sham and a politically motivated witch-hunt directed at the main opposition party of Peoples Democratic Party (PDP).

HURIWA accused the government of facilitating the escape to foreign jurisdiction of the erstwhile Director General of the National Intelligence Agency (NIA) and his wife just few days before the EFCC belatedly filed a suit at the Federal High Court in Lagos over the discovery of over $45 million USD cash in an Ikoyi flat in Lagos state. 

Besides, HURIWA wondered why President Buhari is picking and choosing who to drag before the competent court of law for prosecution over the alleged $2 Billion USD arms procurement scam even as the group condemns the prolonged detention of erstwhile National Security Adviser Colonel Sambo Dasuki over the same allegations for which the duo of Monguno and Danbazau were allegedly indicted. HURIWA has therefore asked President Muhammadu Buhari to free with immediate effect all political prisoners including Deji Adeyanju; Sambo Dasuki and Sheikh Ibraheem ElZaczacky and his wife.

“The basic tenet of justice is that he who goes to equity must go with clean hands. We are shocked beyond belief that a government that makes heavy weather of a so-called fight against corruption has clearly extended illegal immunity to friends of the government who are involved in corruption but has gone after political opponents. Again, there are allegations of corruption by relatives of the President including members of the unelected cabal in the Presidential villa Abuja who have become super billionaires since the current President came on board nearly four years now but all these well-grounded allegations made by Buba Galadims a former acolyte of Buhari and Jinaidu Mohammed a former house of representatives member from Kano state have been swept under the filthy carpets of impunity by the current administration.”

“It is only in a banana republic that for over two years after they were recommended for probe, the Federal Government has yet to investigate and charge the National Security Adviser, Major General Babagana Monguno; and the Minister of Interior, Lt. Gen. Abdulrahman Dambazau (rtd.) even as the two ex-generals were recommended for probe by the Committee on Audit of Defence Equipment Procurement in the Nigerian Armed Forces from 2007 to 2015.”

HURIWA recalled that Moguno was recommended for probe over the procurement of weapons during his time as the Chief of Defence Intelligence Agency from July 2009 to September 2011 while Dambazau was recommended for investigation following alleged suspicious contracts awarded when he was Chief of Army Staff from 2008 to 2010.

HURIWA recalled that: “The fourth interim report of the committee which was signed by the President of the committee, Air vice Marshal John Ode (rtd.), recommended the investigation of 25 former officials of the Ministry of Defence, 16 retired generals and 44 companies.

The report read in part, “The sum of $5, 152, 792.44 equivalent to N772, 918, 866.60 at N150 per dollar was also transferred to unknown offshore accounts for unspecified purposes.”

“The account was closed on December 1, 2011 with a closing balance of $0.0. Lt.Gen AB Dambazau (rtd.) and Maj. Gen Charles Airhiavbere should be further investigated for the operation of the account.”

Some others named in the report include a former Chief of Naval Staff, Vice Admiral Dele Ezeoba (rtd.), and a former Chief of Army Staff, Lt.Gen Onyeabor Ihejirika (rtd.).

HURIWA recalled succinctly that “While Ezeoba has been taken to court by the Economic and Financial Crimes Commission and made to return N1.8bn, Ihejrikia’s properties worth billions of naira have been seized by the government. A former Accountant-General of the Federation, Jonah Otunla, who was also named in the report, has been arraigned by the EFCC for alleged diversion of N2bn.However, both Dambazau and Monguno, who are appointees of President Buhari have neither been charged nor listed as looters by the Federal Government.”

HURIWA said this is the most vexatious act of impunity and double standards which totally nullify any claims of any genuine fight against corruption by the Federal government.  

Army pledges to defend human rights: *36 groups nominate Gen. Buratai for pro-transparency award:

The highest hierarchy of the Nigerian Army has stressed the determination of the institution to promote, protect and defend the human rights of all Nigerians without let or hindrance even as it called on the media to be fair, objective and patriotic in the discharge of her duties in line with section 22 of the constitution of the Federal Republic of Nigeria of 1999 (as amended).

This is even as the chief of Army staff lieutenant General Tukur Yusuf Buratai has won this year’s award of excellence in transparency and accountability by a coalition of 36 registered civil rights bodies led by the HUMAN RIGHTS WRITERS ASSOCIATION OF NIGERIA (HURIWA) following the prompt response by the Chief of Army staff to a freedom of information request by Socio-economic and accountability project (SERAP) AND TWO others.

At a media session recently to round up a nation-wide interactive meetings on promoting cordial but professionally excellent relationship between Nigerian media and Nigerian military organized by HURIWA in Port Harcourt, Rivers State, the Director, Army Public Relations Brigadier General Sani Kukesheka Usman stated that the Nigerian Army operates in accordance with global best practices and in total compliance with constitutional provisions. He called on the media to enlighten Nigerians on their civic duties of maintaining law and order and to keep away from tendencies that can undermine national security. 

His words: “It’s my pleasure to be here to parley with you on a very important issue such as reportage of issues bordering on security. I’m sincerely delighted to be here to deliver a goodwill message as everybody sitting here is a very important instrument. Therefore, it is imperative that you always have our national security, the interest and wellbeing of the people at the back of your mind whenever you are reporting. There is no doubt that the media plays a very significant role in enhancing peaceful co-existence in any given society. This is more apparent in a heterogeneous country such as Nigeria. Permit me to say that all of you here have in your possession a very important instrument which is double-edged and that instrument is your pen, which if wrongly used, could cause unimaginable havoc. Please remember that you have the tool and the followership to either strengthen or mar the peace, tranquillity of our dear nation, Nigeria.”

“In a recent parley with media executives in Abuja, the Chief of Army Staff (COAS), Lt. Gen. TY Buratai said that the war against terrorism and insurgency in Nigeria need to be reported as it is and therefore, the media needs to enlighten the people to understand the true situation and support the military. There is no doubt, given your significant role and influence over your various audiences, you can stabilize or destabilize situation. Therefore, it is imperative that you always have at the back of your mind the interest, wellbeing and security of our nation at the back of your mind whenever there is need to print, circulate, share or broadcast news items or programmes.”

“General Usman further stressed thus: “The media is vital in every society being the fourth estate of realm, conscience and ombudsman of the society. Your traditional role of informing, educating, enlightening, entertaining, investigation and drawing public attention to issues of interest, helps shape opinions and understanding of issues that enable the citizens and policymakers make informed decisions. Modern technology and social media revolution has deepened and broadened these roles.”

“As professionals you need to always cross check facts and confirm from official source(s) when reporting issues of security concern. You must first ponder on the troubling reality of how the audience/public digest, decipher and react to information. It should not be seen as a divisive instrument among the people, but rather be meant for the promotion and consolidation of national unity and integration. I wish to urge you all to please take always ask if your reportage could boost the strength or project the course of Nigeria’s adversaries, if it could instigate public fear and or could cause hatred amongst citizenry or against the government of the day. Furthermore, try to ascertain if it could damage the nation’s hard earned reputation or disrespect the highest office and national interest. As you balance your stories, I urge you to endeavor to support, consider national security narratives and downplay messages from enemy of the state.”

“Amos Jordan and William Taylor (1981) posited thus: “National security, however, has a more extensive meaning that protection from physical harm; it also implies protection, through a variety of means, of vital economic and political interests, the loss of which could threaten fundamental values and the vitality of the state.” You will all agree with me that without a safe and secure environment, there cannot be development either economical, social, political and so on. The protection of our national security is sacrosanct to supporting national development which will in turn guarantee a social wellbeing for us all. It is therefore the responsibility of all citizens, especially the media to ensure security of lives and properties and to also put into consideration the Nigeria’s national security in reportage. Doing so will definitely ensure a sustainable development. This could only be achieved by being patriotic and giving responsible security reporting.”

“The Theme, Participating between the Media and Nigerian Military for Responsible Security Reporting is very apt at this point considering the security situations in our dear country and the upcoming general elections. It is important for us to remain patriotic and avoid subjective security related broadcast. This can only be achieved through responsible reporting. I hope this conference will inject fresh thoughts into participants about this critical issue.”

“Permit me to quote from the Head of Human Rights Writers Association of Nigeria (HURIWA), Mr Emmanuel Onwubiko who said; “The media must exercise the greatest discretion and report responsibly because the corporate health and existence of Nigeria is endangered and indeed we are indirectly in an era of enforced emergency created by the dared evil terrorist activities of Boko Haram Terrorists.” “I would suggest that whatever professional sacrifices the media must give to preserve the sanctity of the territorial integrity of Nigeria and conserve national security must be done now that Nigeria faces the greatest threats against our very existence as a nation and a people. The haste to write sensational story to capture the imagination of buyers and advertisers must be mitigated by the urgency of the now to preserve our national security because if there is no Nigeria there will be no Nigerian media.”

Similarly, Professor Godwin B. Okon of the department of Mass Communication of the Rivers state university, Port Harcourt, urged the media in Nigeria to abide by the time -tested and time- honoured professional ethics of journalism which are objectivity, balance, truth and adherence to the due process of the law.

Delivering a lecture titled “Social Responsibility of the mass media; a functional appreciation" at the forum by HURIWA, Professor Okon states thus: “The cultural norms typology enjoins the mass media to give an account of the day’s events in a context that gives them meaning. In other words, the mass media ought to serve as the repertoire of information needed to advance knowledge through rational discourse. Information as contextualized above is key and central to all forms of activities in humanistic settings. Every individual needs information to adapt knowledgably to the society while reacting intelligently to the environment.”

“The surveillance function of the mass media draws expression from the notions of social responsibility. Surveillance in this context relates to the constant flow of public information or news about events occurring within the country and in the world. The news and information role of the mass media make them the watch dog and sentinel of society.”

The University teacher stated that when news is properly reported in the order of the 5Ws & H, the reader does not only stand to benefit from the on-the-spot assessment of the situation but also stands to gain a full understanding of the ultimate meaning and significance of events.

His words: "Bryant and Thompson (2002) have streamlined cognate functions the mass media are expected to play in humanistic settings. As espoused by Galadima and Goshet (2013:15), these functions include: Surveillance of contemporary events that are likely to affect citizens positively or negatively; Identification of major socio-political issues in the polity; Provision of advocacy platforms for the articulation of various causes and interests; Transmission of diverse contents, factions and dimensions of political discourse; Scrutiny of government officials, institutions and agencies; Giving incentives and information to empower citizens to become actively informed participants rather than mere spectators".

Others are the Provision of robust resistance to extraneous forces attempting to subvert media autonomy and Respectful consideration of the audience as potentially interested, concerned and sense making citizens".

He also quoted copiously from experts saying: “Furthermore, Oso (2012) citing Dahlgreen (2001) notes that the mass media have been instrumental in globalizing the normative features of democracy. Cursory observations show that media reports are replete with accounts of politically motivated acts of violence. Somehow, it has been entrenched in the consciousness of many that there can be no elections in Nigeria without violence – that fear may be imaginary or worse still is blown out of proportion. Emphatically, a culture of political violence can never be allowed to give colouration to our political outlook.”

“Viewed from a spectrum of professions, journalism remains a foremost profession that can enthrone a viable political culture and open a vista of professional values quite capable of repositioning Nigeria’s democracy in line with international best practices. The Nigeria legal framework aptly acknowledges this as captured in section 22 of the 1999 constitution: “… the press, radio, television and other agencies of the mass media shall at all times… uphold the fundamental objectives contained in the chapter and responsibility of government to the people.”

Professor Okon said that what is however required to safeguard our vintage democracy is for media organizations /journalists to develop a checklist for enthroning a culture of empathy and social responsibility.

The cardinal role of the press is he reminded his audience are to inform, educate and entertain and not to rock the ship of the state. This however balances out in the spread sheet of what is right and acceptable versus what is wrong and unacceptable bringing to force the framework of ethical considerations that border on truthfulness, accuracy, objectivity, fairness and public accountability.
The University don stated that since ethics help govern the dynamics of a profession; their inherent benefits can indeed not be overemphasized. These benefits have been streamlined according to the context of this paper as under listed: They provide a profession with a framework for understanding the concept of right and wrong; They help stimulate a ready understanding of how to react to certain situations long before they occur; They serve as legacies through which members of a professional body are able to show others the correct way to act and behave under given conditions; They engender a knowing-doing disposition among members of a professional body.”

Also, a Port Harcourt based legal practitioner, Mrs. Queeneth Eremwari Kelsey emphasized the need for media practitioners to be aware of the various ramifications of extant media laws so as to practice journalism in line with the constitutional norms and stay away from litigation that may result from libels and slanders and fake news as captured by the anti-cybercrimes Act of 2015.

She said: “The issue of national security is a fundamental issue in national and international discourses. It is in recognition of this fact that this paper explores the Nigerian perspective of how the operations of the mass media and the law may encroach into each other’s domain as well as the implication of such encroachment to national security.”

“The mass media, by their pre-eminent position in national life, affect other sectors of national development. They are also affected and influenced in their functions by the operations of other sectors. It is against the backdrop of this feeling that one views the mass media and law as complementary sectors that impinge on each other in the facilitation of the operations of other sectors of the polity.”

On his part, the National Coordinator of HURIWA Comrade Emmanuel Onwubiko announced General Buratai as winner of the civil society award for transparency for 2019. He said the award would be presented to the Army Chief in the coming days even as he called on other government officials to abide by the Freedom of information Act and become transparent in their official and private conducts.