The legal, moral burden of June 12 declaration

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In the Daily Trust Newspaper of June 12, 2015, Page 6, a story by one Femi Akinola captioned, “Afenifere faults Kingibe on June 12”, read, “A faction of the pan-Yoruba Afenifere group has faulted a comment credited to the former vice presidential candidate of the defunct Social Democratic Party, Ambassador Babagana Kingibe on the June 12 struggle.

“Kingibe, the Secretary to the Federal Government during the Umaru Yar’Adua administration, was quoted as saying that following the APC victory in the last presidential election, ‘the ghost of June 12’ should be laid to rest.”

The June 12, 1993 presidential election was widely presumed to have been won by the defunct SDP’s candidate, the late Chief Moshood Abiola, whose vice-presidential candidate was Kingibe, but the election, described by many as the freest and fairest ever in the country, was annulled by the then military government.

The Afenifere Renewal Group, according to the report, said Kingibe had betrayed the June 12 struggle, but that the struggle would remain an albatross to all those who betrayed the cause, particularly Kingibe.

 

That President Buhari had the courage to do the undone is commendable; the timing and methodology notwithstanding. One should not be afraid to take a decision when convinced. It is better to take an imperative decision and be blamed for it, than to abandon such a decision for fear of being blamed

 

The group in a statement released in Lagos by its Publicity Secretary, Kunle Famoriyo, also said, “As the vice president-elect, Kingibe ought to be captain of the ship for the June 12 struggle when Chief Moshood Abiola was arrested but he was the first to jump ship. ARG understands that Kingibe may have missed being in the corridors of power and may be itching to have a voice that could be reckoned with as credible, hence his wish to have June 12 ‘laid to rest’.

It noted that June 12 successfully hoisted the flag of democracy in Nigeria and each positive step that Nigeria took towards good governance, true federalism, and concrete nationhood would continue to haunt those who played roles in subverting its cause.

The group thus urged the then new administration of the President Muhammadu Buhari to formally recognise the June 12 mandate and honour those who lost their lives in the struggle to actualize the mandate.

The last paragraph of the above story emphasised giving honour to whom it is due. I will, however, further reinforce this by saying to give honour to the deserved ones in the struggle, whether living or dead, is what informed this piece.

Now, President Buhari has formally recognised the June 12 mandate and honoured Chief Moshood Kashimawo Abiola, the man whose mandate was reportedly stolen; Alhaji Babagana Kingibe, the Vice-President to Abiola and Chief Gani Fawehinmi, an activist and a legal luminary who was one of the protagonists for the actualisation of the June 12 mandate.

As typical of the Nigerian society, Buhari’s proclamation is already provoking, pricking and prodding for and against, in terms of public debate. The legal luminaries, the politicians and activists are having an unlimited field to exhibit what they are best at. Unfortunately, I am neither a lawyer nor a politician, not even an activist.

That President Buhari had the courage to do the undone is commendable; the timing and methodology notwithstanding. One should not be afraid to take a decision when convinced. It is better to take an imperative decision and be blamed for it, than to abandon such a decision for fear of being blamed. As a leader, no one but the leader will bear the cross.

Indeed, the de-annulment of the annulment of the 1993 presidential election results is a watershed. It is the end of an era and the beginning of another. Like the annulment, the de-annulment has provoked legal and moral issues which will demand answers. Some of these questions may be answered sooner or later. Some may never be answered because of the complex nature of the annulment itself. An observer described the annulment as “a grand conspiracy carefully planned and meticulously executed by the state and non-state actors.” Therefore, to get at the roots of this unexplained act presently, will provoke serious security implications, as some of the actors of this unholy action are still very much around.

For now, President Buhari’s action has elicited some obvious legal and moral questions. For example, the former Chief Justice of Nigeria and one-time chairman of the National Merit Awards Committee, Justice Alfa Belgore, faulted President Buhari on the award of Grand Commander of the Federal Republic honour on the dead Abiola as well the honour of Grand Commander of the Niger to the departed Chief Gani Fawehinmi on the grounds that such posthumous award is by the authority of the National Merit Award Act given to the dead military personnel or servicemen for their bravery.

Belgore pointed out that the award of national honours cannot be awarded posthumously, much less the GCFR which is the highest honour in the land. According to him, “it is not done. It is for the people living. The only thing they could do is to name a place after him, but national honours award no”.

The former CJN who was the Chairman of the 2016 National Honours Committee pointed out that he was not consulted before the conferment. The assertion by Belgore got the kudos or support of some Nigerian legal luminaries. On the other hand, Femi Falana (SAN) an activist and one of the arrowheads calling for the actualisation of the annulled June 12, 1993 presidential election, differed with Belgore, pointing out that the award to Abiola is valid, adding that by Buhari’s declaration, the June 12 election results had been announced. Falana equally has the backing of some legal gurus in this regard. Following the pronouncement of the President on the June 12 presidential election imbroglio, the Senate had called on the President in a motion, to direct the Independent National Electoral Commission to announce the results of the 1993 presidential election, while the House of Representatives has set up a committee to study the issue and advise on the way forward. For now, Nigerians remain spectators, watching the scene or the unfolding drama.

Another aspect that pricks by the de-annulment and award is the moral issue involved. At the beginning of this piece, a faction of the Afenifere group indicted Kingibe, the Vice-President to Abiola in the 1993 presidential election of betrayal, pointing out that when Abiola was arrested, Kingibe was the first to jump ship. According to the group, “Kingibe’s undemocratic and treacherous antecedents disqualify him from commenting on or identifying with the success of a democratic campaign. Instead of wishing that June 12 be forgotten, it is better for him to retrace his steps and purge himself of ethnocentric perspectives”.

In the latest development on June 12, Kingibe as the Vice-President to Abiola has been honoured with the GCON by the Buhari administration. The fact remains that Kingibe cannot be divorced from the June 12 issue as he is part and parcel of it. Legally, he is entitled to the award but what of the moral aspect as stated by the Afenifere group?

Besides, why the Afenifere group and other Nigerians could question the morality as it pertains to Kingibe on June 12, where do we place some Yoruba leaders who allegedly compromised by praising the military junta to high heavens in the aftermath of the annulment of the June 12 poll? The debate continues.

*Izekor, a journalist and public affairs analyst, is Member, Board of Advisers of The Point.