Buhari’s 12 June As Democracy Day, GCFR’s Title On Abiola Faulty; As Nzeribe Case Yet To Be Set Aside – Group

The group, Vanguard for Transparent Leadership and Democracy (VATLAD) has declared that the conferment of the title of Grand Commander of Federal Republic (GCFR) posthumously on late Chief MKO Abiola, presumed winner of June 12, 1993 Presidential Election is usurpation of constitutional functions of the Judiciary by President Muhammadu Buhari.

The group averred that the process adopted by Buhari in the honour done Abiola amount to usurpation of the constitutional powers of the Judiciary, maintaining that the declaration would pose direct threat to the constitutional functions of the Judiciary as enshrined in section 6 of 1999 Nigerian Constitution, as amended.

The group in a statement signed by its National President on Tuesday evening, Comrade (Engr) Odafe Emmanuel Igbini, cited the Chief Arthur Nzeribe and his Association for Better Nigeria (ABN) case instituted sometimes in 1993 as reason why declaring June 12 as Democracy Day and honouring Abiola with GCFR’s title is faulty.

Igbini said that though his group join millions of Democracy-loving Nigerians to applaud the decision of President Buhari to seek to address the injustice of  “June 12, 1993 Presidential Election”, the process adopted by the Federal Government in trying to redress the injustices is vehemently faulted.

He recalled that Nzeribe and his Association for Better Nigeria (ABN) had instituted a matter in Court to stop the process of June 12, 1993 and their prayer was granted by a competent Court of Law.

According to Igbini, the decision of the Court may be perceived as “bad” but only a superior Court of Law can set it out, saying “no superior Court of Law has set aside this “bad” Judgement, 25 years after”.

Comrade (Engr) Odafe Emmanuel Igbini

While urging the Federal Government to immediately withhold the award, Igbini urged President Buhari to direct the Attorney General of the Federation to approach the Court of Appeal to seek to set aside the existing Judgment of the High Court issued in 1993 and for the Court of Appeal to direct INEC to conclude the process of officially announcing the results of the June 12, 1993 Presidential Election.

The statement read in full: “While we join millions of Democracy-loving Nigerians to applaud the decision of President Buhari to seek to address the injustice of  “June 12, 1993 Presidential Election” and we sincerely appreciate and thank Nigerians who made sacrifices with some who  paid supreme prices with their precious lives for the enthronement of Democracy as the only form of Government in Nigeria, we however hasten to and vehemently fault the process proposed to be adopted in doing so as contained in President Buhari’s Statement issued on June 6, 2018 and signed by him.

“This proposed process, if allowed, will amount to usurpation of the constitutional powers of the Judiciary and will pose direct threat to the constitutional functions of the Judiciary enshrined in section 6 of 1999 Nigerian Constitution, as amended.

“If allowed, it will also make mockery of the same Principle of Democracy, and the  Separation and Independence of the three Organs of Government which Nigerians stood united for on June 12, 1993 and still stand for today.

“We must remind Nigerians that it is the exclusive constitutional function of the Judiciary to resolve any or all matters (Disputes) brought before any constitutionally established Court of Law for adjudication.

“It is also the known Law that the Court is allowed to deliver “bad” judgement which must be unconditionally obeyed until and except a superior Court of Law sets same aside.

“By section 36 of 1999 Nigerian Constitution as amended, it is also a constitutional Right of any Nigerian to freely approach any Court of Law to institute any matter for adjudication. Some of the matters may be perceived as “bad” but it does not take away the Right of such Nigerians to institute such matters in Court of Law or for any Court not to hear such matters. Thereafter it is the duty of the Courts to hear and resolve such matters in accordance with the provisions of the 1999 Nigerian Constitution, as amended, and the Laws of Nigeria.

“It is a fact that Chief Arthur Nzeribe and his  Association for Better Nigeria (ABN) are citizens of Nigeria who instituted a matter in Court of Law praying the Court to stop the process of June 12, 1993 and their prayer was granted by a competent Court of Law. This decision of the Court may be perceived by us to be “bad” but only a superior Court of Law can lawfully agree with us. Sadly, no superior Court of Law has set aside this “bad” Judgement, 25 years after.

“In President Buhari’s Statement of June 6, 2018, he referred to Chief MKO Abiola as “the presumed winner of June 12, 1993 cancelled elections.” This raises more constitutional and legal issues and questions.

“Why would he refer to Chief MKO Abiola as a presumed winner of a cancelled election? Is there any recognition for presumed winner of an election in our 1999 Nigerian Constitution, as amended, or in our Laws?

“Sections 130 – 130 of 1999 Nigerian Constitution, as amended, unequivocally list the requirements for any Nigerian to be constitutional declared elected President of Nigeria.

“President Buhari also clearly stated in his Statement that the highest Honour in the Land (Nigeria) is GCFR. He has laid the foundation upon which he based his decision to want to give this award to Chief MKO Abiola. He did not say because Abiola was a philanthropist or lover of sports. This foundation must first be fully interrogated and well established in order to prevent any likely hidden agenda and to be sure it is in line with the provisions of Nigerian Constitution and Laws.

“It is also well known that this award by practice has been given only to Nigerians immediately they assume the Office of Head of State of Nigeria and Commender-in- Chief of the Armed Forces of Nigeria.

“It will be recalled how in year 2010 it was so difficult a process and debate before the then Vice President Goodluck Jonathan was allowed to be awarded GCFR and decorated after the untimely death of President Yar Adua. The Doctrine of Necessity had to be invoked to allow for this award to Vice President Goodluck Jonathan who was then full acting President. This is the seriousness attached to this award of GCFR.

“We therefore urge President Buhari to withhold the presentation of these Awards to Chief MKO Abiola and Ambassador Kingibe for now while he quickly and urgently directs the Attorney General of the Federation to approach the Court of Appeal to seek to set aside this existing Judgment of the High Court issued in 1993 and for the Court of Appeal to direct INEC to conclude the process of officially announcing the results of the June 12, 1993 Presidential Election.

“This is to give constitutional legitimacy to the awards and to prevent any government in future to question them.

“It is the law that we cannot place something on nothing and expect it to stand. It’s also the law that an illegality can’t be adopted to resolve an illegality. Parties in legal Disputes before Courts of Law are also forbidden to resort to self help”.