The Unconstitutionality Of Importation Of Nigerien Governors To Campaign For Buhari In Kano

On 1^st February, 2019, something curious and unusual
about President Muhammadu Buhari’s re-election campaign rally at
the Sani Abacha stadium, Kano state, had every corner of Nigeria
buzzing.

It was not the performances by Kannywood singers like Ado
Gwanja, Ibrahim Yala or Rarara Kahutu. Nor was it the comedy show
of Baba Ari and Rabiu Daushe. What thoroughly stunned Nigerians
were the foreign elements that populated the crowd at the
President’s campaign rally. Notably in attendance were Mr. Issa
Moussa and Mr. Zakiri Umar who are respectively Governors of Zinder
and Maradi states in the Republic of Niger. The pair of alien
Governors wore the uniform of the All Progressives Congress (APC)
and made public statements of their support for President Buhari’s
re-election bid. Of course, this caused a major rocus and scandal
across the length and breadth of Nigeria. How do these Governors of
foreign Countries hope to “support” Buhari?

It was not unexpected that Mallam Nuhu Ribadu, former EFCC boss
cum Director of Field Operations in the APC Presidential Campaign
Council, would defend his Party by choosing not to see anything
wrong and unlawful about their actions. Was it not El-Rufai who
just few days later warned that anyone (including US, UK, EU and
African observers) who would dare interfere in Nigerian politics
may end up in a “body bag”? That was palpable
“fatina” pronouncement of death sentence to any
foreign country that insists that the forthcoming elections should
not be mindlessly rigged by the APC. How then would the same people
urge some West African Governors and government officials to
campaign for President Buhari’s re-election on the very soil of
Nigeria? Recall that the same government frontally abused US, UK
and EU countries and warned them against meddling in Nigeria’s
internal affairs and electoral matters, all because the Countries
had made strong observation about the undemocratic and
unconstitutional ways the Executive was harassing the CJN, Walter
Onnoghen. Was it not the same President Buhari and APC government
that led a multi-sub regional military to smoke out Yahya Jammeh
who had refused to quit as Gambian President after his defeat in
the 2017 presidential election?

Recall that alleged interference in the 2016 elections by
entities connected with Russia was a big scandal that has dominated
the news till date following President Donald Trump’s election.
While this may be the first time that a cyber-attack on an election
has been so publicized, it is certainly not the first time that a
country interfered with another country’s election. During the Cold
War, Russia used sheer political power and influence to routinely
undermine elections in satellite countries such as Ukraine, the
Czech Republic, Bosnia and Herzegovina, Belarus, and so on. The
United States too uses similar influence in countries like Italy,
Iran and Chile. In fact, former President Goodluck Jonathan has
alleged in his book, “My Transition Hours”, deep
interference by the U.S. in the 2015 elections that ousted him from
Aso Rock. He gave up power, snatched victory and honour from
“defeat”. GEJ, has remained an imposing
international figure till date. He is respected for his rare
democratic credentials of conceding defeat, even when he knew a lot
was wrong with the elections.

But, such foreign electoral interference is seriously condemned
in the international community. No doubt. Under international law,
no state is to meddle into purely domestic affairs of another
state. This principle that the political will of one state cannot
be forced on another is enshrined in Article 2 of the UN
Charter. It is also expressed by the maxim Par
in parem non habet imperium (“Equals have no
jurisdiction over one another”).

With this in mind, the presence of two Nigerien Governors at
Buhari’s rally is a clear warning of the dangers that lie ahead. It
will have implications on the credibility of the Presidential
elections. Already, the wheels have been set in motion for an
unfair electoral contest. INEC had allowed Internally Displaced
Persons in the country to vote during elections, thereby opening
the door for aliens to infiltrate into Nigeria under the guise of
being IDPs and participate in the elections. Similarly, the mass
creation of additional polling units which are yet to be properly
designated raises serious questions, foreboding the execution of
unprecedented levels of electoral fraud this year.

The promise of Kano’s Governor, Ganduje to deliver five million
votes to Buhari in this year’s elections now takes on greater
significance. How will that be possible without compromising the
nation’s international borders to foreign political interests as
Buhari has done? Where will he get this humongous figure in a state
where Kwankwaso and his Kwankwaasiyya movement still dwarf the
“Gandollar” governor?

He who pays the piper always dictates the tune. Mallam Nuhu
Ribadu was merely replaying his paymaster’s song, the APC, when he
saw nothing wrong in this bizarre occurrence. But, even he cannot
deny that Nigeria is a sovereign, independent state, but subject to
international monitoring and observance. Because the world is now a
global village. Security agencies in Nigeria must immediately
investigate and lay in the public domain, the circumstances leading
to their presence. How did the alien governors come to Nigeria?
Will Kano state be free of Nigerien, Chadian, Malian and
Cameroonian voters on February 16 and March?

There can be no doubt that we are, in Nigeria, operating a
constitutional democracy. By this, our democratic principles are
bestowed upon us under the Constitution. The said Constitution
prescribes elections to be an entirely Nigerian affair. For
instance, the seat of the President can never be occupied by a
foreigner. Section 131 of the Constitution automatically
disqualifies any person, not being a Nigerian citizen by birth,
from ever becoming President. The section states:

“A person shall be qualified for election to the office of the
President if –

• he is a citizen of Nigeria by birth;
• he has attained the age of forty years;
• he is a member of a political party and is sponsored by that
  political party; and
• he has been educated up to at least School Certificate level or
  its equivalent.

Notably, an aspirant to the office of President of Nigeria must
also be a member of, and sponsored by a political party. Political
parties are themselves a creation of the Constitution. The
Constitution goes further to vest the mandate to support an
electoral candidate by way of campaigns exclusively on political
parties. Section 221 states clearly that:

“No association, other than a political party, shall
canvass for votes for any candidate at any election or contribute
to the funds of any political party or to the election expenses of
any candidate at an election.”

By these provisions, electioneering campaigns are strictly a
Nigerian affair. How would the same APC feel if the PDP opposition
party campaigns with Governors from Liberia, South Africa, Uganda,
Ghana, Togo, Gambia, etc?

What we saw at the President Buhari campaign rally in Kano was a
shameless display of gross irresponsibility by a government that
permitted foreigners to campaign for Buhari as though they were
Nigerians, or members of the APC.

Of great significance is section 222(b) of the
Constitution which stipulates that membership of political
parties shall only be open to “every citizen of
Nigeria”. It did not mention foreigners. One of the
cardinal rules of statutory interpretation is to exclude what is
not stated in the statute. This rule is expressed in the Latin
phrase, “expressio unious et exclusio
alterius”, meaning that what is not stated in a
statute is deemed excluded. So, by the unambiguous provisions of
section 222(d) of the Constitution, membership of
political parties in Nigeria is not open to NON-CITIZENS, or
foreigners, like the two alien Nigerien Governors whom we saw
wearing APC garments and campaigning at Buhari’s Kano rally. The
audacious display by the Governors, in connivance with a shameless
APC definitely contravenes the foundational principles of sovereign
independence and autochthonous democracy upon which our
Constitution is built.

Perhaps the President should be reminded of
section 100 of the Electoral Act,
2010, which states that:

“A candidate and his party shall campaign for the
elections in accordance with such rules and regulations as may be
determined by the Constitution.”

No Constitution of a political party in Nigeria makes provisions
for foreigners to come to Nigeria and campaign for candidates. I
have both the APC and PDP Constitutions. They do not have such
provisions. INEC has not permitted that either.

Indeed, the Nigerian Constitution itself has determined that
democracy in Nigeria shall be based on a government of Nigerians,
by Nigerians and for Nigerians. There is no place for foreigners to
take over our campaign structures. The action of the APC must be
strongly condemned and roundly denounced as being undemocratic,
unconstitutional, illegal, immoral and clearly against the letter
and spirit of the Nigerian democratic experiment. It is a dangerous
and foreboding first step towards enslaving our democracy to
foreign dictators. All to win election.

THOUGHT FOR THE WEEK

“To finalize, the purpose of an election is to hear the will of
the people, not to fabricate votes.” (Lincoln
Diaz-Balart).

LAST LINE

Nigerians, as you begin a new week, let us pray for peaceful
elections. Keep faith with our weekly national conversation on the
Sunday Sermon on the Mount of the Nigerian Project by Chief Mike
A.A. Ozekhome, SAN, OFR, FCIArb., Ph.D, LL.D.