CONSTITUTIONAL CRISIS: TOWARDS RESOLVING THE KOGI STATE IMPASSE

KOGI STATE GOVERNOR ELECT, CAPTAIN IDRIS WADA (L) AND ACTING GOVERNOR, ALHAJI ABDULLAHI BELLO (R)

The emergence of two governors in Kogi state following the decision of the Supreme Court last Friday calls for caution and proper interpretation of the law to wad off socio-political problem the resultant standoff between the supporters of the two politicians involved may cause. 

Following the instruction of the attorney general and minister of justice Mohammed Bello Adoke, the Kogi state speaker House of Assembly Alhaji  Abdullahi Bello has assumed the position of Acting Governor while on the other hand  working based on the strength of the winning certificate issued to him by the Independent National Electoral Commission (INEC) after the Kogi polls in December 2011 Captain Idris Wada was sworn in as Governor elect. 

Going by the two swearing in ceremony, Kogi state will go down in history as a state with two governors sworn in on the same day. As the saying goes two captains will only rock the boat, for Kogi state no one is sure of who to take instructions from. 

The Kogi example is quite different from other four affected states of Adamawa, Bayelsa, Cross River and Sokoto. In Kogi the case is simple, Wada has been elected within the framework of the constitution under the watch of INEC. With his certificate declaring him winner the law is clear on his unfettered access to the seat of governor following the decision of the Supreme Court. 

While it is the prerogative of the court to hand down the sacking verdict of the five governors based on the interpretation of the 1999 constitution one would expect that the provision of the law be made explicit for each of the affected states according to their peculiarities. 

Before the judgement he was only waiting for the expiration of Ibrahim Idris tenure before been sworn in. Now that the situation has changed what would have been appropriate was to have left the swearing in ceremony of Wada to prevail. In the alternative, the state legal arm would have been patient enough to study the constitution before making the moves. 

Acting based on section 191 of the federal constitution the Kogi state speaker has been sworn in to fill the vacuum created by the exit of Idris. But this can legally be possible if the state does not have a governor elect. 

While INEC awaits official confirmation of the Supreme Court order any act primed at violating existing electoral law in operation especially that which has handed certificate of victory to Wada would end rubbishing the entire process in our dear country’s’ electoral system. 

This is not the time in our political history to make wrong turns especially that which will kindle the flame of politically motivated violence. Wada was duly elected and should be accorded his constitutional rights of assuming office as governor following the vacuum created. 

Some pundits would opine that since the terminal date for the exit of the five governors elapsed in May 2011 and the proposed date of handing over is still ahead for Captain Wada, the best option would be for the speaker to hold brief. But this submission holds no weight where equity and justice must prevail. 

It is definitely a wrong start for the incoming government of Wada who has started to spot the heat in the wrong places even before assumption of office. How much of such turns will have to be taken to correct this lacuna is what we all hope will end well. 

The constitutional lacuna must be resolved before it takes a dramatic turn for the worse. On both sides of the divide supporters await the drama to end in their favour and any flexing of muscle to show primacy may not end well especially as the country passes through a fragile period of its trying time in the area of security. 

The series of events since Nigeria became fully democratized in the last twelve years suggests that corruption, tribalism, ethnocentricism and political crises have fast become the routine. The trend is not only harmful to lives and properties but a major disservice to the unity of our country. 

The case of corruption has been a bane which every Nigerian hope would be removed from all aspects of governance. The decades military ruled Nigeria most people believe that the period witnessed a corridor of gap between the people and government which resulted in mass looting of the national treasury. 

Today in Kogi we are not casting negative values at the moral chastity of the courts or the speaker that is set to constitute a parallel government but all we are concerned about is to maintain a bridged gap occasioned by democracy and say no to acts or decisions that may relive the dictatorial era. 

While this impasse is taking its bite at the issue of constitutionality we hope the judiciary which is the last hope of all Nigerians no matter the class or status would continue to maintain the confidence citizens of the country have on the legal system. 

Depending on the side of the divide, comments or opinion no matter how palliative may be perceived as tribal, ethnic and or veiled under corrupt intention. For now many will submit that contributors even those with genuine intention to solving this constitutional fallout have self seeking motives. This anticipated assertions will not deter people oriented Nigerians.
The truth must be told and the interest of the people protected. 

Now the decision of the court, the Kogi state drama is another learning stage in our political history as a country. A new constitutional issue is in the offing and how it resolves itself is another matter of interest yoked under the dead weight of gunpowder waiting to explode. 

Now the fate of Wada and the progress of the Adamawa election are hanging in the balance. The situation may soon go beyond the mere interpretation of the law and that is what Nigerians are not willing to attend to presently. 

While the judiciary system in Nigeria is breaking new grounds in maintaining stability equity and justice care must be taken to avoid plunging into another matter of constitutionality. A stitch in time saves nine. We pray all goes well in Kogi state. 

As INEC takes three days to decide the fate of affected in the landmark decision of the Supreme Court Nigerians will wait restively for the outcome while they hope the situation does not spiral out of control. 

*** Ayegba Israel Ebije is the Senior Special Assistant to Governor Aliyu on media, writes from Minna. (ebijeisrael@yahoo.com).