The House of Representatives on Thursday, was thrown into commotion over the legality of having June 12 to be the nation’s democracy day, as proclaimed by President Muhammad Buhari.
President Buhari had on Wednesday, proclaimed June 12 as democracy day, replacing May 29, and also announced the conferment of post humous honours of Grand Commander of the Federal Republic (GCFR), on MKO Abiola, the presumed winner of the Presidential election of June 12, 1993, which was the highest national honours reserved for only a President and Head of State.
In view of this proclamation, Wale Raji, a member representing Epe, Federal Constituency of Lagos state, brought a motion before the House, seeking to commend the President and urging him to direct the Independent National Electoral Commission (INEC), to release the full result of the June 12, 1993 Presidential election and declare the winner, Chief Moshood Kashimawo Olawale Abiola, President Elect posthumously with a view to resolving all issues relating to the election and complete the history of June 12, 1993 Presidential election in Nigeria.
Raji in his motion was sad that in spite of the commendable integrity of the election, it was annulled by the military government of General Ibrahim Gbadamosi Babangida and the country was thrown into a serious political turmoil leading to another military era, which lasted till 1999 , when the country returned to a democratic regime which has survived to date.
However, while he rested debate on the motion, the House became sharply divided, as lawmakers who were against the President’s action were already oiling their arsenal to puncture every move for the House to give credence to the proclamation.
Joining Raji to seek credence to the President’s action was Hon. Chris Azubogu (PDP-Anambra) commended the mover of the motion saying that it was a worthy initiative.
He, however, drew the attention of the House to the exclusion of the electoral umpire, Humphrey Nwosu, who conducted the election from the list of those slated for honours.
Azubogu said that Nwosu was a key actor in the June 12 election and risked his life to conduct a free and fair election.
He said that Nwosu should be given the due recognition for the roll he played which would also encourage future umpires to be free and fair.
In his contribution, Edward Pwajok (APC-Plateau) drew the attention of the house to the Public Holidays Act which stated that May 29 shall be recognised as National Democracy Day.
Pwajok said that for the declaration of the president to take effect, the Public Holidays Act has to be amended.
He said that a contestant has to be declared winner by the National Returning Officer to be referred to as President-elect.
Pwajok, who is a Senior Advocate of Nigeria (SAN) also said that there is a Court Order prohibiting INEC from releasing the result.
He explained that until the court decision is stepped down by the same court or a higher court, the decision stands.
In his contributions, Mojeed Alabi (APC-Osun) said that there would have been no May 29, 1999 without June 12, 1993.
He said that prior to the presidential declaration, only Osun recognised June 12 as Democracy Day.
Alabi commended the president and urged the house to support the motion.
However, a rowdy session erupted when Ossai Nicholas Osai (PDP-Delta), in his contribution challenged the presidential declaration, drawing inspiration from Pwajok’s submission.
He said the usurpation of the powers of the Legislative arm by the Executive was becoming too rampant and should not be encouraged by giving credence to this declaration.
Osai argued that an Act of parliament could not be changed by a presidential declaration and that if June 12 must stand, it should follow due process of amendment of the Public Holidays Act.
He stressed that the President’s intention over the proclamation was suspicious, querying why tax payers money was used to celebrate Democracy on May 29, only for him to come up again for another on June12.
The lawmakers loyal to the declaration roared in loud voices apparently trying to shut him up while others waved at him to sit down.
At this juncture, the Speaker, Yakubu Dogara, attempting to save the motion without paying attention to the provisions of the said Act, overruled Ossai’s Point of Order, asking him to sit down, insisting that the President had such powers under the Public Holidays Act,.
Toby Okechukwu (PDP-Enugu), who was able to speak after a little calm was restored, said that the country must be ruled by law and not by persons or groups.
He said though the intention of the president was good, the declaration needed to be guided by the law.
According to the lawmaker, this was necessary so that nobody challenges the honour which is due to Abiola in the future.
The House became much more rowdy and members were seen leaving their seats to engage one another in very loud voices.
This lasted over 20 minutes as the Speorder conferred with Principal Officer on the legality of the declaration.
When he was able to restore order, the Speaker retraced his steps saying “We should take decisions that the public will not criticise us. There is a schedule in the Act which lists Democracy Day as May 29.”
He therefore said they must look at the President’s declaration in line with Section 2, sub section 2 of the law to take decision on the matter.
The Speaker immediately, referred the matter to Committees on Justice, Rules and Business, to determine the position of the law on it and advise the House on the provisions of the Public Holidays Act.
