Mohammed Adoke, former attorney-general of the federation (AGF), says it is too late to call for the suspension of the 2023 elections.
In a statement on Wednesday, Adoke criticised the call made by Afe Babalola, founder of Afe Babalola University, Ado Ekiti, for an interim government.
Babalola had said the 2023 elections should be suspended, while an interim government should be in office for six months to develop “a new-look peoples’ constitution which should provide for part-time legislators and non-executive president”.
Responding to Babalola, Adoke said there is no justification to seek the suspension of the 2023 general election, adding that setting up any interim government would go against the constitution.
Read the full statement below
I read with deep concern the comments credited to Chief Afe Babalola, SAN, on Tuesday, 19 April 2022 and widely reported in the newspapers. I was concerned about the issues raised as well as the personality of the author, Chief Afe Babalola, SAN, a revered Elder Statesman and a legal luminary of great repute. Given his eminent status in society, his views on the polity cannot be taken lightly by any discerning mind. My most significant concern stems from the call by the learned Senior Advocate of Nigeria for the suspension of the 2023 elections and for an interim government to be installed after Buhari’s tenure. Other pertinent issues raised relate to the type of governance system best suited for Nigeria, the kind of legislature, age qualification for the office of president and the screening of candidates. I, therefore, deem it necessary to draw attention to the implications on the polity to safeguard our democracy.
First, I believe that the call for the suspension of the 2023 elections cannot be justified at this time as it will create a gap in our democratic transition capable of truncating our democracy. Democracy is sustained by periodic elections where the voters express their preference on who should govern them. The 2023 elections are around the corner and the electorate is already primed to exercise this power. It will be an anti-climax for them to be left on a cliffhanger until “Nigeria has a new peoples constitution which should provide for a part-time legislator and non-executive president” and an “interim government drawn from all living presidents and vice presidents; some selected ministers and governors and delegates of prominent professional associations”, as suggested by Afe Babalola, to midwife that process. The pertinent questions that arise from this suggestion are many. What is the timeframe for achieving these milestones? To fashion out a people’s (autochthonous) constitution can be a very laborious process requiring the inauguration of a Constituent Assembly made up of elected representatives of the people and a Constitution Drafting Committee of relevant professionals and interested groups. How do we select those persons? Who will organise the elections? What is the legal framework that will be used to regulate the process? These are questions that Chief Afe Babalola needs to answer. Our history does not suggest that these milestones can be accomplished within two years. Let us not forget that Babangida’s transition took almost nine years. I respectfully submit that Nigerians do not wish to wait ad infinitum to be able to exercise their franchise to elect their representatives and Heads of Government at the federal, state and local government levels.
Furthermore, the interim government is alien to constitutional democracy as Nigeria’s constitution has no provision for it. This is more so as structures required to conduct elections, such as the INEC, exist. If allowed to discharge their mandate independently, they can deliver a free, fair, and credible election without the need for an interim government. The idea of an interim government leaves a bad taste in the mouth given our recent history with the Chief Ernest Shonekan-led interim government, which was supplanted almost immediately by the military junta led by General Sani Abacha. An interim government is a recipe for a military coup because of the gap it creates in the country’s governance. Its composition, as suggested by Chief Afe Babalola, is palpably undemocratic and a negation of the will of the people. Almost all our past presidents, vice presidents, ministers and governors are daily blamed for their culpability in the socio-economic and political malaise of the country. Are these the same Nigerians expected to midwife our political process? What are their political preferences and political leanings? Are they not compromised by partisanship as to superintend over a process that can usher in free, fair and credible elections? How effective was the Shonekan-led interim government in supervising our democratic processes before it was shoved aside by the military?
Second, the legal luminary suggested that the new constitution should provide a body at the federal, state and local government “to screen all aspirants on the sources of their wealth and means of livelihood, criminal records which includes pending suits…” I dare say that such a body or bodies already exist under the present political and governance structure. Those who have contested for political offices and have held appointive offices will readily agree that such screening takes place. That some persons of doubtful credentials have been able to pass through the net does not suggest that there is no system in place but that they were able to compromise the system for their benefit. Consequently, what is important is the integrity of those responsible for carrying out such checks and screenings. Experience has shown that the DSS, EFCC, ICPC, CCB/T, Police, and INEC can be effective when their appointors do not condition their professional judgment. Therefore, we should learn to strengthen our institutions to become strong and serve as the bulwark against political pressures and interferences which sometimes compromise their work. The screening body suggested by Afe Babalola, if not adequately insulated from politics, can quickly become a tool of a political witch-hunt.
Finally, Chief Afe Babalola also suggested that aspirants for the president’s office should not be more than 60 years and must be holders of a university degree. While many have criticised the rather low and vague educational qualification for the office of president under the Constitution, placing an age limit that bars aspirants above the age of 60 is, in my respectful view, undemocratic and a gross violation of their inalienable right to contest for the office of president. I am personally not aware of the result of any scientific research that shows that persons below the age of 60 are better managers of humans and resources than those over the age of 60. Also, I am not aware of any consensus that persons under 60 years make the best leaders. On the contrary, experience has shown that some political leaders under the age of 60 have proved to be a disaster in governance in our clime. Good political leadership is not about age but foresight, commitment, courage and political sagacity. While a president with a university degree is desirable, it is not guaranteed that such a president will be imbued with the requisite integrity, patriotic zeal, and management acumen required to succeed in the president’s office.
Given the foregoing, I humbly suggest that as we galvanise all processes required to enable us to transit to another democratic dispensation successfully, all hands should be on deck to ensure that our institutions such as INEC, political parties, and the judiciary are encouraged and supported to take their responsibilities seriously and discharge their mandates in such a manner as to safeguard our democracy. It is too late to call for the suspension of the 2023 elections or embark on the tortuous process of grafting a ‘people’s constitution’ as there is no legal framework to support such an endeavour. The National Assembly is not likely to pass any legislation that will effectively dispossess its law-making function, at least in the foreseeable future. Chief Afe Babalola should therefore leverage his immense influence to advise the powers that be that what Nigerians need now is a free, fair and credible election to guarantee them a say in the governance process.
Mr Mohammed Bello Adoke, SAN, CFR
Former Attorney General of the Federation and Minister of Justice,
Federal Republic of Nigeria
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