The Illegality Of PDP Presidential Candidate: Governor Wike And Allies Ruckus, The Likely Impending Rumpus; A Clarion Call On All Well-Meaning Nigerians To Reject PDP At The Presidential Polls

By Othniel A. Ikpibako, Esq

Nigeria, like most African states, is a multi-ethnic country. This is primarily occasioned by colonialism where different unrelated peoples were strung together for administrative convenience and economic interests of the colonial masters. In such rife scenarios in Africa, domination does often occur by one ethnic group over the other; of course, a grave concern! Domination, perceived and real, has also led to civil wars in Africa.

The Organization of Africa Unity (now African Union), fully conscious of the albatross of domination on the African continent seised the opportunity to outlaw same by the conclusion of the African Charter on Human and Peoples’ Rights 1981 (hereinafter African Charter 1981). Nigeria as a member state of the African Union transformed wholesale the African Charter 1981 by the enactment of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act, Cap A9, Laws of the Federation of Nigeria, 2004 (hereinafter African Charter). Article 19 of the African Charter provides:

All peoples shall be equal. They shall enjoy the same respect and shall have the same rights. Nothing shall justify the domination of a people by another.

While the first sentence prescribes equality of peoples, to wit ethnic groups, the last sentence proscribes “the domination of a people by another”. The last sentence of Article 19 of the African Charter is germane to this discussion. Nigeria is composed of over two hundred and fifty ethnic groups most of whom are distinct from one another but all strung together as a country in the geography Nigeria. Hence, Article 19 of the African Charter is apposite in such a hugely multi-ethnic group as Nigeria. Generally, Nigeria is dichotomised into North and South; clearly, this is also the political experience.

Undoubtedly, office of the Nigerian President is domineering. To dominate simply means to control. Therefore, it is beyond doubt that whosoever occupies office of the Nigerian President dominates or exercises dominion over the whole country. Section 5 of the Constitution of the Federal Republic of Nigeria 1999 (hereinafter CFRN) puts it beyond doubt when it vests all executive powers of the federation in the President thus:

(1) Subject to the provisions of this Constitution, the executive powers of the Federation:

(a) shall be VESTED IN THE PRESIDENT and may subject as aforesaid and to the provisions of any law made by the National Assembly, be exercised by him either directly or through the Vice-President and Ministers of the Government of the Federation or officers in the public service of the Federation; and

(b) shall extend to the execution and maintenance of this Constitution, all laws made by the National Assembly and to all matters with respect to which the National Assembly has, for the time being, power to make laws.

(Emphasis mine)

The executive powers vested in the President includes appointment of all ministers of the federation (Section 147 CFRN ), appointment of chairmen and members of all agencies and statutory bodies of the federation (Section 154 CFRN), appointment of the Inspector General of Police (Section 215 CFRN), Commander-in-Chief of the Armed Forces and appointment of all heads of the Armed Forces (Section 218 CFRN), appointment of heads of court of the federation and other judges of the federation (Sections 231, 238, 250, 256, 261, 266),  appointment of ambassadors and high commissioners of the federation of Nigeria and conduct of foreign affairs on behalf of the federation, among other numerous dominion powers.

From the foregoing exposition, and practically, it is crystal clear that office of the Nigerian President is a dominion power and whosoever occupies the office dominates the whole federation. In that light, one way one ethnic group can dominate the other ethnic groups in a hugely multi-ethnic state as Nigeria is for one ethnic group to cling on to the office of the Nigerian President. The good news, however, is that in Nigeria, particularly, Article 19 of the African Charter has outlawed or made illegal such exercise of one ethnic, actual or attempted, domination of the other ethnic groups.

One may quip that does the constitution (Section 131 CFRN) not provide for qualifications to contest office of the Nigerian President and once one meets those qualifications, one may stand for the presidential election? The answer is in the negative. Apart from the provisions for qualification to contest office of the Nigerian President, one must also consider the 10 grounds for disqualification (Section 137 CFRN); that is, even if one meets the whole grounds for qualification but fall foul of one ground for disqualification, such one cannot contest office of the Nigerian President. Instructively, apart from the constitutional provisions for qualification and disqualification, a person must also comply with the Electoral Act and the INEC Guidelines to be able to contest the presidential election. From that prism, any other law such as the African Charter cannot be brushed aside, in considering the legality of a candidate to stand in for the presidential election. This is more so that the relevant provision of the African Charter does not conflict with the constitution but merely complements the provisions of the constitution as to the eligibility to stand in for the presidential election. In other words, distilled from Article 19 of the African Charter, if a person’s candidacy will result in the domination of the other peoples of Nigeria, the relevant candidate is not qualified to stand in for the presidential election.

It is public knowledge that President Muhammadu Buhari was sworn in as a Nigerian President on the 29^th May 2015 and re-sworn in on the 29^th May 2019 for a second term that will elapse on the 29^th May 2023 by which time he would have ruled and dominated Nigeria for 8 years. President Buhari is a Northern Nigeria and a Fulani by tribe; Fulani is an ethnic group in the sense that it is “a people”. Generally, one may argue, that Northern Nigeria is a people in the Nigerian context considering the dichotomisation of the country into North and South, politically. Nevertheless, one thing is clear that after President Buhari, a Fulani person, for another Fulani person to occupy the office of the Nigerian President is unacceptable and illegal domination of the other peoples of Nigeria. Article 19 of the African Charter unambiguously proscribes same.

On the 28^th of May 2022, the People’s Democratic Party (PDP) conducted its presidential primary election where Alhaji Atiku Abubakar, a Fulani man from Northern Nigeria, emerged as the presidential candidate of PDP. PDP earlier primary election in Port Harcourt in 2018 had ceded the presidential ticket to Northern Nigeria, at the time President Buhari, from the North, had only done one term. The concession by PDP of the presidential ticket was to enable the North complete two terms of 8 years which was to engender peace and unity in the country; instructively, all the PDP aspirants were from Northern extraction of the country, without a single contestant from the South with Alhaji Atiku Abubakar clinching the PDP presidential ticket. Hence, given the trajectory that Buhari, from the North, would complete 8 years in office by 29^th May 2023, justice and even the law requires that power should rotate to Southern Nigeria. To clearly show that posture, the PDP Governor’s Forum overwhelmingly ceded the PDP chairmanship to the North and even the chairman of the Board of Trustees was also granted to the North in the belief that the party presidential ticket would come South; however, because of the ambition of Alhaji Atiku Abubakar, the party ticket could not be expressly ceded to the South. The presidential primary election was conducted and Alhaji Atiku eventually emerged as the winner of the exercise.

Owing to the emergence of Alhaji Atiku as PDP presidential candidate which is not only illegal but also unjust and inequitable in a hugely multi-ethnic state of Nigeria where another Northerner and Fulani person is seeking to take over power from another Northerner and Fulani person after 8 years in power, Governor Nyesom Wike and the other four wise PDP Governors (Messr Okezie Ikpeazu, Samuel Ortom, Seyi Makinde and Ifeanyi Ugwuanyi)  have revolted against the illegality and huge injustice of emergence of  Atiku. Tritely, injustice and peace are eternal enemies, hence little surprise from any objective mind, the ruckus within the PDP presently occasioned by the stand against humongous injustice by the eminent five PDP Governors under the fearless and vocal leadership of Governor Wike.

Governor Wike and allies revolt against the illegality and monumental injustice of Alhaji Atiku’s emergence as the PDP presidential candidate is a microcosm of what might transpire if Atiku wins the presidential election. The clearest danger of Atiku emerging as a President is the DOMINATION of the peoples of Southern Nigeria and other non-Fulanis from the North. This much because all the architecture of government of the federation will then be vested in another Fulani man for at least another 4 years in addition to the immediate 8 years of another Fulani man. Apart from the fact that Article 19 of the African Charter proscribes the domination of a people by another people, the emergence of Atiku would not only be illegal but also unjust and inequitable by any standard. Then, like the immutable rule of nature, INJUSTICE AND PEACE are eternal enemies; one cannot rule out any pandemonium and rumpus in the polity of Nigeria if Atiku emerged the president.

In conclusion, the fact that Alhaji Atiku’s candidacy is illegal pursuant to Article 19 of the African Charter, and bating the nullification of Atiku’s candidacy by the court, it is either Atiku honourably withdraws from the presidential race or all well-meaning Nigerians must reject en masse PDP at the presidential polls for equity, justice and peace in the polity.

Othniel A. Ikpibako Esq holds Master of International Law and Diplomacy, Master of Laws and a Researcher in International Law.