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Tribunals will assuage frayed election nerves

Published by Guardian on Tue, 26 Apr 2011


Last week, there were pockets of violence in the North just as the result of the presidential election was being announced. Many people were killed and property of perceived enemies destroyed. This, to a Lagos-based Senior Advocate of Nigeria (SAN), Dr. Joseph Nwobike, is mindless and uncalled for especially as the tribunals have been set up to try all alleged election misgivings. In this interview with IBE UWALEKE, he condemned this act in its entirety and provides legal solution to future occurrence. Excerpts:WHY do you think the rioters from the North decided to ignore the laws for redress of any alleged election misgiving and decided to maim and kill those perceived to have supported their opponentsI feel that it is very regrettable that Nigerians under whatever guise will kill fellow human beings in the way and manner and to the extent, it was done in the past few days. I think clearly that the government has a responsibility not only to stop these senseless killings and destruction of property but to ensure that every person, no matter his or her position in this country or outside this country who for any reason is involved in this act is brought to book. I think the government must do something. The recent address by our President, Goodluck Ebele Jonathan, warning those perpetrators to stop the killings was in the right direction.Was the reaction of the rioters spontaneous or directedIt was neither spontaneous nor directed. It was political. It was politically-motivated to achieve political objectives. I dont need to be a soothsayer to be able to note or observe that it was sponsored by people with political ambition at levels of which I wont be able to know. But I know it was politically-motivated.If what you said is correct, how do you suggest the direction of the mayhem where churches were burnt and particular ethnic groups targetedI dont think it was religiously-motivated because as you have observed, mosques were being burnt, churches were being burnt, palaces of emirs were being burnt, buildings belonging to government were being burnt, houses belonging to political office-holders were also burnt. So if you put all these circumstances in a basket, my understanding of the situation is that of political intimidation. Clearly, it was politically-motivated. I must also confess that persons from parts of Nigeria, particularly Christians were being targeted. But again, people who are also Moslems also died. If you look at the Christians and Moslems that were targeted, they were people who were supporting a particular group of politicians or party. In other words, one cannot divorce politics from this recent carnage.The President spoke recently and said enough is enough of this recurring mayhem. Do you think he is serious with this threatI have not read his mind. But from what he has said, it is clearly indicative that he has given specific instructions to various security agencies to arrest the situation. I think what the President has done was in the right direction and also think those who are sponsoring these activities should also be arrested and tried. As we can all see, these types of circumstances have been happening in this country and we have always been told that certain persons have been arrested but we will never know of the results of those arrests. There should be a departure. The burden is clearly on the President to show that he is in control of the affairs of Nigeria and that he is determined to protect every citizen of the country from wanton destruction of his property and life.Do you see the President ending this spate of killings and wanton destruction this time aroundI believe that this President received the mandate of the people in an unprecedented manner in a process that has been regarded as very fair and transparent. Something that has not happened before has happened. I believe this President will bring peace, tranquility and protection of lives and property to Nigerians. I do no doubt his ability because he has the mandate. I also dont doubt his commitment. Time will tell after all.The President mentioned he is going to set up a judicial commission of inquiry. Do you think this will quell the uprisingI am aware that several judicial commissions of inquiry had been set up in the past in related matters, but I have not seen clear implementation of the recommendations of their reports. However, we are in a new chapter. With time, we will be able to know whether there is going to be a change or not.Do you think this commission can do justice as required by law and to the peoples expectationI dont think only the commission will do justice to this. The security agencies must be alive to their responsibilities. The Police, the SSS, the Army, all of them, have a role to play. They must try to protect lives and property. I dont think they have done enough. Having regard to the extent of carnage and how it has affected the body polity of this country, I think they will rise up to the occasion. I wish them well.The Congress for Progressive Change (CPC) is threatening to go to the tribunal to challenge the result of the presidential election. In your view, do you think they have a valid caseGeneral Muhammadu Buhari is not new to election complaints in Nigeria. He has a very rich history of going to the tribunals whenever he loses an election. But he has always lost each time he went to the tribunal. I dont think in this case he will be in a position to win considering the transparency and the fairness on which these elections were conducted. But Buhari is free to go the tribunal. Anybody who feels aggrieved can go there. I must say that I have not seen any evidence, which conclusively suggests that he is responsible for the spate of violence in the northern part of Nigeria.During the last parliamentary election, there was no violence. The violence started when the results of the presidential elections were announced and they started to throw stones and to kill themselves. I must say that General Buhari is not under any obligation to congratulate the President. However, he and indeed any other politician must watch their utterances. Their body language alone is enough to ignite violence among their supporters. For instance, the gentleman whom I understand is also a pastor, Chris Okotie, has also threatened to challenge the election. I think he has a right. But whether that lies in his mouth considering his performance at the election, is only left for him to decide.Since this election is generally judged to be free, fair and transparent, do you see chances of the opposition succeeding at the tribunalsGoing by various independent accounts about what transpired last Saturday all over the Federal Republic of Nigeria, it appears the allegations of rigging and manipulations made by Buhari are baseless, frivolous and misconceived. I think, therefore, that it is worthless. The best thing that can happen is for him to go to the tribunal if he has evidence to prove his allegation. This same Buhari challenged one of the elections that was seen as flawed and he failed. So I dont see him succeeding this time around. Let him consult his lawyers, file his action because time is of the essence. We are waiting for him.You used the word we. Are you speaking as a lawyer, a Nigerian or President Jonathans counselI am speaking as a Nigerian who voted for President Goodluck Jonathan. I was convinced and I still remain convinced that he was the best among the presidential candidates including Gen. Buhari, the man I respect so much and I will continue to respect him, but he is not the Messiah.General Buhari was quoted recently by the media that he was going to reclaim his mandate. Does this statement not appear inciting to his supportersThis is not inciting. It is a political language. If he says he is going to reclaim his mandate, goodluck to him.Are sending Goodluck to himI am not sending Goodluck, the President, to him. I am sending goodluck that is used in the dictionary to him. I wish him what he wishes himself.
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