OGENYI'S ACADEMIC PLAT FORM: LESSON NOTE ON SSE 302 FOR DEGREE STUDENTS 3OO LEVEL 2021

COURSE CONTENT: SSE 302: NATIONALISM AND PATROTISM IN NIGERIA

v The Indigenous Political organization; ***

v The growth and development of political parties in Nigeria;

v Goals and strategies of Nationalists in Pre-Colonial Nigeria;***

v Politics and crises in Nigeria 1960 – up to date

The concept of Nationalism

Nationalism can be understood in the context of the attempts to build a nation. In nation building, men and women contribute in one way or the other. AduBoahen, in his book Topics in West African History (1966), defines nationalism as the consciousness, on the part of individuals or groups of Africans, or membership of a nation-state either already existing or to which they aspire, and of a desire to achieve political and economic freedom, overall social and economic development as well as the cultural revival of the nation-state. (Boahen, 1966:147).

However, nationalism in Africa has been traced to the nineteenth century, when a number of individuals and groups rose up to defend their traditional independence against the threatening advances of the European powers (Fajana,1979). Nationalism is an extremely dynamic set of ideologies and practices, and whatever constitutes a nationalist movement at a particular time and place has taken different dimension at another time. Nationalism can either be ethnic or civic as it deals with primordial and western forms of agitations based on rationality, law, and democracy. In all, nationalism must have three major components, namely a historic territory, a legal political community, and a common civic culture and ideology (Sabara, 2007:77).

Simply put, nationalism is an instrument of group agitation against ill economic, social, and political policies with the aim of achieving indigenous participation in government and decision making. And as such, equal representation of gender makes it more egalitarian and undermines inequity. However, as above noted, nationalism has been traced to the nineteenth century, when a number of individuals and groups rose up to defend their traditional independence against the threatening advances of European powers (Oriji, http/www.icaap.org/iuicode?).

The concept of Patriotism

Patriotism is a feeling of attachment and commitment to a country, nation, or political community. Patriotism (love of country) and nationalism (loyalty to one’s nation) are often taken to be synonymous, yet patriotism has its origins some 2,000 years ago, prior to the rise of nationalism in the 19th century.

The root of political patriotism started in Greek and especially the Romans that provided that. Patriotism conceives of loyalty to the patria as loyalty to a political conception of the republic. It is associated with the love of law and common liberty, the search for the common good, and the duty to behave justly toward one’s country. The classical Roman meaning of patria reemerges in the context of the Italian city republics of the 15th century. Therefore, patria stands for the common liberty of the city, which can only be safeguarded by the citizens’ civic spirit.

According to Niccolò Machiavelli, the love of common liberty enabled citizens to see their private and particular interests as part of the common good and helped them to resist corruption and tyranny. As this love of the city is typically intermixed with pride in its military strength and cultural superiority, it is the political institutions and way of life of the city that form the distinctive focal point of this kind of patriotic attachment. To love the city is to be willing to sacrifice one’s own good plus one’s life for the protection of common liberty.

Based on the above view, patriotism is associated with the exclusive attachment to one’s own culture and thus stands in opposition to cosmopolitanism and cultural assimilation. Freedom is equated not with the fight against political oppression but with the preservation of a unique people and patriotic sacrifice with the desire to secure the long-term survival of the nation.

The growth and development of political parties in Nigeria;

Character of Political Parties,

The character of political parties in Nigeria has been the same, politics along with ethnicity. Ethnic politics is still striving in Nigeria. The seed of discord that had long been sowed by our forefathers in the 60s, has refused to let go our politicians. The development of political parties in Nigeria started with the Nigeria National Democratic Party (NNDP) by Herbert Macaulay in 1923. It was an ethnic based party that comprised mainly the Yorubas. Therefore, it was unable to achieve most of its objectives and later on collapsed.

Then in 1934 Lagos Youth Movement (LYM) was formed by students and graduates from Kings College and later the name was changed to National Youth Movement (NYM) in 1936. Their founding members are: H.O. Davis, Dr. J. C. Vaughan, Samuel Akinsanya and Ernest Ikoli, Dr.Kofo Abayomi, J. A. Tuyo, Duro Emmanuel, S.O. Sonibare, S. I. Akintola, Obafemi Awolowo, Jubril Martin. The struggle for leadership brought the party to an end as it became a problem for who will replace the vacant position and in support of some people they cannot come into an agreement and the party seized to exist. NYM still faced what the first party suffered having to do with ethnicity. F

Furthermore, in 1944 the National Council of Nigeria and Cameroom (NCNC) formed by Nnamdi Azikiwe on the advice of Nigerian student union. This party lasted until 1960 when it was changed to National Convention of Nigerian Citizens as a result of referendum by the Southern Cameroons that joined their counterpart. The first president of NCNC was Herbert Macaulay while Nnamdi Azikiwe was the secretary general. The death of Macaulay in 1946 brought Azikiwe as the president.

The party became the first modern political party in West Africa. The party as at then was affiliated to groups and societies such as the tribal union, igbo union, social clubs and trade union. The mouth piece of the party was the Pilot Newspaper owned by Dr. Nnamdi Azikiwe also in 1946 the Zikist movement owned by the Youth wing was formed while the Militant Movement was led by Mallam H. R. Abdallah. The party was known all over Africa because of its welfarist ideology. Because Azikiwe was occupied in his party in 1959 he was replaced by Dr Michael Okpara as the Premier of the Eastern Region. The party achieved a lot in Nigeria. It formed coalition with the Northern People’s Congress (NPC) to win election that brought the first President and Prime Minister in the first republic. The NCNC protested the shortcoming of Richard constitution of 1946, they also aroused the political conciseness of Nigerians, the party played a significance role in the gaining of independence in Nigeria. It created awareness to the Eastern Region that led to their formation and development of the area. The NCNC founded the University of Nigeria Nsukka. In fact it was an eye opener to Nigerian Politics.

This led to the formation of ethnic parties in Nigeria. For instance the formation of Action Group (AG) Party in 1945 by Obafemi Awolowo as the general overseer transforming Oduduwa to a political party and the formation of Northern People’s Congress (NPC) which was the transformation of Jamiyyar Mutanen Arewa which means the people from north converting them into a political party. There was also the Northern Element Progressive Union (NEPU) formed by Aminu Kano in 1950 still on the interest of the northerners and the United Middle Belt Congress (UMBC) formed in 1955 by Joseph Tarka only for the welfare of the middle belt alone.

Then in the second republic many political parties emerged in 1975 - 1976 which was the continuation of Murtala/Obasanjo regime with the registration of political parties of which five were registered and guided by Federal Electoral Commission (FEDECO): National Party of Nigeria (NPN), the Unity Party of Nigeria (UPN), the People’s Redemption Party (PRP), the Great Nigeria People’s Party (GNPP), and the Nigeria People’s Party (NPP). There were other parties like the Nigeria Advance Party (NAP) All promised to improve education and social services, provide welfare, rebuild the economy and support private industry, and pursue a radical, anti-imperialist foreign policy. The PRP was notable for expressing socialist ideas and rhetoric. Shehu Shagari, the candidate of the dominant party, the right-wing NPN, narrowly won the 1979 presidential election, defeating Chief Obafemi Awolowo.

The NPN’s party leaders used political power as an opportunity to gain access to public treasuries and distribute privileges to their followers. Members of the public were angry, and many openly challenged the relevance of a democracy that could not produce leaders who would improve their lives and provide moral authority. Even in this climate, however, Shagari was reelected president in August–September 1983, although his landslide victory was attributed to gross voting irregularities. Shagari was not able to manage the political crisis that followed or to end Nigeria’s continuing economic decline, and the military seized the opportunity to stage a coup on December 31, 1983, that brought Maj. Gen. Muhammad Buhari to power.

The character and formation of political parties in Nigeria in the second republic was guided by the politics of the old which was based on ethnic regions. The third republic was aborted by President Ibrahim Babangida in 1983 – 1989 he also established two political parties: The National Republic Convention (NRC) and Social Democratic Party (SDP) to be registered under the National Electoral Commission (NEC). This time around the character and formation of Nigerian political parties changed under the military government. Nigerians yearns for the best candidate not minding where the person comes from. Based on this MKO Abiola of SDP won the presidential seat on June 12 1993,he won his running mate Babagana Kingibe of NRC. It was very unfortunate that the winner of that election was never declared winner and allowed to rule by the IBB administration but instead was mysteriously killed and sealed and was never heard of till date.

Political Parties under General Abacha who overthrew the Interim government under Chief Ernest Shonekan in 1993. They registered five political parties under the supervision of National Electoral Commission of Nigeria (NECON). The registered parties are: Committee for National Consensus (CNC); Democratic Party of Nigeria (DPN); Grassroots Democratic Movement (GDM); National Centre Party of Nigeria (NCPN) and United Nigeria Congress Party (UNCP). Abacha who was a terror to Nigerians was made the consensus presidential candidate in 1998 his intention was to hand over himself as a civilian president. The idea never worked following his death that same year.

Political Parties under the Fourth Republic

It was only three parties that were approved in 1999 by the Independent National Electoral Commission (INEC). The parties are: Peoples Democratic Party (PDP); Alliance for Democracy (AD) and All Peoples Party (APP). The present fourth republic which started from 1999 till date practiced democratic system of government. And under democracy human right is uplifted and as a result any type of political parties are allowed to exist provided they meet up with their requirement. The new dispensation saw the rapid growth of more political parties. In 2003 political parties increased to thirty (30) in the general election and in 2007 it increased to fifty (50), then in 2011 registered political parties escalated to sixty three (63). In Nigeria today only two parties are known and recognized and they are Peoples Democratic Party (PDP) and All Peoples Congress (APC).

Political Parties

Like many other African states, one of the fundamental features of Nigerian politics has been ‘tribalism’ which has resulted in emergence of ethno-centric political parties. The roots of such social cleavages lie in the colonial history of the nation. The colonial power created three-region federation, with one region of each of the three biggest ethnic groups- Hausa-Fulani, Yoruba and Igbo, created strong incentives for three parties- one dominated by each group to form. Although, there were more than twenty political parties were registered in the first republic (1960-66) intense rivalries between three major political parties-Northern People's Congress (NPC), Action Group (AG) and National Council of Nigerian Citizens (NCNC) led to fall of democratic rule. The second republic was mere repetition of the experiment as the leading political parties relied on same ethnic and sectional support, largely with the same leadership. Too move away with this situation, sincere efforts were made in the abortive third republic and only two political parties were allowed to operate-National Republican Convention (NRC) and Social Democratic Party (SDP). The multiparty system has been reinstituted and there were total 28 registered political parties in Nigeria. However, PDP has emerged a dominant party at federal level in the fourth republic. The party has retained presidential post in all four general elections held since 1999. In the presidential election of 2011, PDP candidate DR. Goodluck Ebele Jonathan defeated his nearest rival Maj. Gen. Muhammadu Buhari of CPC by more than 10 million votes. Thus emergence of multiethnic parties is a significant development of fourth republic.

List of Political Parties in Nigeria

1. All Progressives Congress (APC)

2. Advanced Congress of Democrats (ACD)

3. Alliance for Democracy (AD)

4. African Democratic Congress (ADC)

5. All Progressives Grand Alliance (APGA)

6. All People's Party (APP)

7. African Renaissance Party (ARP)

8. Communist Party of Nigeria (CPN)

9. Congress for Progressive Change (CPC)

10. Democratic Alternative (DA)

11. Democratic People's Party (Nigeria) (DPP)

12. Democratic Socialist Movement (DSM)

13. Fresh Democratic Party (FDP)

14. Labour Party (LP)

15. Masses Movement of Nigeria (MMN)

16. National Conscience Party (NCP)

17. New Democrats (ND)

18. National Democratic Party (NDP)

19. People's Democratic Party (PDP)

20. Progressive Peoples Alliance (PPA)

21. People Progressive Party (PPP)

22. People's Redemption Party (PRP)

23. People's Salvation Party (PSP)

24. Social Democratic Mega Party (SDMP)

25. People's Democratic Party (PDP)

26. Socialist Workers League (SWL)

27. United Nigeria People's Party (UNPP)

28. United Progressive Party (UPP)

Independent National Election Commission of Nigeria

The Independent National Election Commission of Nigeria was established in accordance with the provisions of section 153(f) of the Constitution of the Federal Republic of Nigeria. The functions of the Commission as stipulated in Part I of the Third Schedule to the 1999 Constitution are as listed below:

a) “Organize, undertake and supervise all elections to the offices of the President and Vice-president, the Governor and Deputy Governor of a state, and to the membership of the Senate, the House of Representatives and the House of Assembly of each State of the Federation.

b) Register political parties in accordance with the provisions of this Constitution and an act of the National Assembly.

c) Monitor the organization and operation of the political parties, including their finances.

d) Arrange for the annual examination and auditing of the funds and accounts of political parties, and publish a report on such examination and audit for public information.

e) Arrange and conduct the registration of persons qualified to vote as well as prepare, maintain and revise the register of voters for the purpose of any election under this Constitution.

f) Monitors political campaigns and provide rules and regulations, which shall govern the political parties.

g) Ensure that all Electoral Commissioners, Electoral and Returning officers take and subscribe to the oath of office prescribed by law.

h) Delegate any of its powers to any Resident Electoral Commissioners.

and crises in Nigeria 1960 – up to date

Independence and Internal Conflict

With Nigerian independence scheduled for 1960, elections were held in 1959. No party won a majority, and the NPC combined with the NCNC to form a government. Nigeria attained independence on Oct. 1, 1960, with Abubakar Tafawa Balewa of the NPC as prime minister and Azikiwe of the NCNC as governor-general; when Nigeria became a republic in 1963, Azikiwe was made president.

The first years of independence were characterized by severe conflicts within and between regions. In the Western region, a bloc of the Action Group split off (1962) under S. I. Akintola to form the Nigerian National Democratic party (NNDP); in 1963 the Mid-Western region (whose population was mostly Edo) was formed from a part of the Western region. National elections late in 1964 were hotly contested, with an NPC-NNDP coalition (called the National Alliance) emerging victorious.

In Jan., 1966, Igbo army officers staged a successful coup, which resulted in the deaths of Federal Prime Minister Balewa, Northern Prime Minister Ahmadu Bello, and Western Prime Minister S. I. Akintola. Maj. Gen. Johnson T. U. Aguiyi-Ironsi, an Igbo, became head of a military government and suspended the national and regional constitutions; this met with a violent reaction in the north. In July, 1966, a coup led by Hausa army officers ousted Ironsi (who was killed) and placed Lt. Col. Yakubu Gowon at the head of a new military regime. In Sept., 1966, many Igbo living in the north were massacred.

Gowon attempted to start Nigeria along the road to civilian government but met determined resistance from the Igbo, who were becoming increasingly fearful of their position within Nigeria. In May, 1967, the Eastern parliament gave Lt. Col. Chukwuemeka Odumegwu. Ojukwu, the region's leader, authority to declare the region an independent republic. Gowon proclaimed a state of emergency, and, as a gesture to the Igbos, redivided Nigeria into 12 states (including one, the East-Central state, that comprised most of the Igbo people). However, on May 30, Ojukwu proclaimed the independent Republic of Biafra, and in July fighting broke out between Biafra and Nigeria.

Biafra made some advances early in the war, but soon federal forces gained the initiative. After much suffering, Biafra capitulated on Jan. 15, 1970, and the secession ended. The early 1970s were marked by reconstruction in areas that were formerly part of Biafra, by the gradual reintegration of the Igbo into national life, and by a slow return to civilian rule.

Spurred by the booming petroleum industry, the Nigerian economy quickly recovered from the effects of civil war and made impressive advances. Nonetheless, inflation and high unemployment remained, and the oil boom led to government corruption and uneven distribution of wealth. Nigeria joined the Organization of Petroleum Exporting Countries in 1971. The prolonged drought that desiccated the Sahel region of Africa in the early 1970s had a profound effect on N Nigeria, resulting in a migration of peoples into the less arid areas and into the cities of the south.

Gowon's regime was overthrown in 1975 by Gen. Murtala Muhammad and a group of officers who pledged a return to civilian rule. In the mid-1970s plans were approved for a new capital to be built at Abuja, a move that drained the national economy. Muhammad was assassinated in an attempted coup one year after taking office and succeeded by Gen. Olusegun Obasanjo. In a crisis brought on by rapidly falling oil revenues, the government restricted public opposition to the regime, controlled union activity and student movements, nationalized land, and increased oil industry regulation. Nigeria sought Western support under Obasanjo while supporting African nationalist movements.

In 1979 elections were held under a new constitution, bringing Alhaji Shehu Shagari to the presidency. Relations with the United States reached a new high in 1979 with a visit by President Jimmy Carter. The government expelled thousands of foreign laborers in 1983, citing social disturbances as the reason. The same year, Shagari was reelected president but overthrown after only a few months in office.

In 1985 a coup led by Maj. Gen. Ibrahim Babangida brought a new regime to power, along with the promise of a return to civilian rule. A new constitution was promulgated in 1990, which set national elections for 1992. Babangida annulled the results of that presidential election, claiming fraud. A new election in 1993 ended in the apparent presidential victory of Moshood Abiola, but Babangida again alleged fraud. Soon unrest led to Babangida's resignation. Ernest Shonekan, a civilian appointed as interim leader, was forced out after three months by Gen. Sani Abacha, a long-time ally of Babangida, who became president and banned all political institutions and labor unions. In 1994, Abiola was arrested and charged with treason.

In 1995, Abacha extended military rule for three more years, while proposing a program for a return to civilian rule after that period; his proposal was rejected by opposition leaders, but five political parties were established in 1996. The Abacha regime drew international condemnation in late 1995 when Ken Saro-Wiwa, a prominent writer, and eight other human-rights activists were executed; the trial was condemned by human-rights groups and led to Nigeria's suspension from the Commonwealth of Nations. Also in 1995, a number of army officers, including former head of state General Obasanjo, were arrested in connection with an alleged coup attempt. In 1996, Kudirat Abiola, an activist on behalf of her imprisoned husband, was murdered.

Abacha died suddenly in June, 1998, and was succeeded by Gen. Abdulsalam Abubakar, who immediately freed Obasanjo and other political prisoners. Riots followed the announcement that Abiola had also died unexpectedly in July, 1998, while in detention. Abubakar then announced an election timetable leading to a return to civilian rule within a year. All former political parties were disbanded and new ones formed. A series of local, state, and federal elections were held between Dec., 1998, and Feb., 1999, culminating in the presidential contest, won by General Obasanjo. The elections were generally deemed fair by international monitors. The People's Democratic party (PDP; the centrist party of General Obasanjo) dominated the elections; the other two leading parties were the Alliance for Democracy (a Yoruba party of the southwest, considered to be progressive), and the All People's party (a conservative party based in the north).

Following Obasanjo's inauguration on May 29, 1999, Nigeria was readmitted to the Commonwealth. The new president said he would combat past and present corruption in the Nigerian government and army and develop the impoverished Niger delta area. Although there was some progress economically, government and political corruption remained a problem. The country also was confronted with renewed ethnic and religious tension. The latter was in part a result of the institution of Islamic law in Nigeria's northern states, and led to violence that has been an ongoing problem since the return of civilian rule. Army lawlessness was a problem as well in some areas. A small success was achieved in Apr., 2002, when Abacha's family agreed to return $1 billion to the government; the government had sought an estimated $4 billion in looted Nigerian assets.

In Mar., 2003, the Ijaw, accusing the Itsekiri, government, and oil companies of economic and political collusion against them, began militia attacks against Itsekiri villages and oil facilities in the Niger delta, leading to a halt in the delta's oil production for several weeks and military intervention by the government. The presidential and earlier legislative elections in Apr., 2003, were won by President Obasanjo and his party, but the results were marred by vote rigging and some violence. The opposition protested the results, and unsuccessfully challenged the presidential election in court. The Ijaw-Itsekiri conflict continued into 2004, but a peace deal was reached in mid-June. The Ijaw backed out of the agreement, however, three weeks later. Christian-Muslim tensions also continued to be a problem in 2004, with violent attacks occurring in Kebbi, Kano, and Plateau states.

Obasanjo's government appeared to move more forcefully against government corruption in early 2005. Several government ministers were fired on corruption charges, and the senate speaker resigned after he was accused of taking bribes. A U.S. investigation targeted Nigeria's vice president the same year, and Obasanjo himself agreed to be investigated by the Nigerian financial crimes commission when he was accused of corruption by Orji Uzor Kalu, the governor of Abia and a target of a corruption investigation. Ijaw militants again threatened Niger delta oil operations in Sept., 2005, and several times in subsequent years, resulting in cuts in Nigeria's oil production as large as 25% at times. Since early 2006 the Niger delta area has seen an increase in kidnappings of foreign oil workers and attacks on oil operations; the resulting government focus on protecting oil facilities allowed criminal gangs to expand their influence in populated areas there. In Oct., 2005, the government reached an agreement to pay off much of its foreign debt at a discount, a process that was completed in Apr., 2006.

The end of 2005 and early 2006 saw increased contention over whether to amend the constitution to permit the president and state governors to run for more than two terms. The idea had been rejected in July, 2005, by a national political reform conference, but senators reviewing the conference's proposals indicated they supported an end to term limits. The change was opposed by Vice President Atiku Abubakar, but other PDP leaders who objected were removed from their party posts. A census—a contentious event because of ethnic and religious divisions in Nigeria—was taken in Mar., 2006, but the head count was marred by a lack of resources and a number of violent clashes, and many Nigerians were believed to have been left uncounted. In May the Nigerian legislature ended consideration of a third presidential term when it became clear that there was insufficient support for amending the constitution. Nigeria agreed in June, 2006, to turn over the Bakassi peninsula to Cameroon after a two-year transition period; the region was finally ceded in Aug., 2008.

In July the vice president denied taking bribes from a U.S. congressman, but in September the president called for the Nigerian senate to remove the vice president from office for fraud, based on an investigation by the Economic and Financial Crimes Commission (EFCC). The senate agreed to investigate the charges, and the PDP suspended the vice president, blocking him from seeking the party's presidential nomination. Abubakar counter accused Obasanjo of corruption. The EFCC was also investigating most of Nigeria's state governors, but the commission itself was tainted by charges that it was used for political retaliation by Obasanjo and his allies. Several state governors were impeached by legally unsound proceedings, moves that were seen as an attempt by Obasanjo to tighten his control prior to the 2007 presidential election.

When the vice president accepted (Dec., 2006) the presidential nomination of a group of opposition parties, the president accused him of technically resigning and sought to have him removed, an action Abubakar challenged in court; the government backed down the following month, and the courts later sided with Abubakar. In Jan., 2007, the results of the 2006 census were released, and they proved as divisive as previous Nigerian censuses. The census showed that the largely Muslim north had more inhabitants than the south, and many southern political leaders vehemently rejected the results.

In February, the EFCC declared Abubakar and more than 130 other candidates for the April elections unfit due to corruption, and the election commission barred those candidates from running. Abubakar fought the move in court, but the ruling was not overturned until days before the presidential election. The state elections were marred by widespread and blatant vote fraud and intimidation, but the election commission certified nearly all the results, handing gubernatorial victories to the PDP in 27 states. In the presidential election, Umaru Yar'Adua, the relatively unknown governor of Katsina state who was hand-picked by Obasanjo to be the PDP candidate, was declared the winner with 70% of the vote, but fraud and intimidation were so blatant that EU observers called the election a "charade" and the president was forced to admit it was "flawed." Nonetheless, Yar'Adua's inauguration (May) marked the first transition of power between two elected civilian presidents in Nigeria's post-colonial history.

Yar'Adua subsequently moved to reorganize and reform the national petroleum company, but those efforts stalled, as did action to fight government corruption. The federal government did not, however, interfere with challenges in the courts to state elections. In Dec., 2008, challenges in the courts to Yar'Adua's election came to an end when the supreme court ruled that opposition lawyers had not provided sufficient evidence to annul the vote.

In Feb., 2009, KBR, a U.S. company, pleaded guilty in U.S. court to giving $180 million in bribes to Nigerian officials to obtain a contract to build a liquefied natural gas plant. A significant army offensive against Niger delta militants that began in May, 2009, provoked an increased round of attacks against oil facilities, particularly pipelines. At the same time, however, Yar'Adua offered (June) amnesty to militants who lay down their weapons by Oct. 4, and many militants ultimately accepted the amnesty, though some did not. Subsequent slow progress by the government led to increased tensions in 2010. In July, 2009, Boko Haram, an extremist Islamist sect, launched attacks against the government in NE Nigeria after several leaders were arrested; the subsequent fighting was especially fierce in Maiduguri, where the group's headquarters was destroyed and some 700 died. The group began a new series of attacks in Sept., 2010, that continued into subsequent years, with the attacks become more significant beginning in mid-2011.

The president traveled to Saudi Arabia in Nov., 2009, to seek medical treatment. As his stay there prolonged into 2010 many prominent Nigerians called for executive powers to be transferred on an interim basis to the vice president, Goodluck Jonathan, but the president did not initiate the constitutional process necessary for it to happen. In Feb., 2010, the National Assembly unanimously voted to make Jonathan acting president, but the lack of a formal letter from the president notifying the Assembly of his absence raised constitutional issues. Jonathan remained acting president after Yar'Adua returned later in the month, and succeeded him as president when Yar'Adua died in May.

Jonathan's subsequent decision to run for a presidential term in his own right threatened to split the PDP, which had alternated fielding northern and southern presidential candidates. In Dec., 2010, however, he won the support of most of the state governors who were members of the PDP, and the following month the PDP nominated him for the presidency. In Sept., 2010, one faction of Niger delta militants announced an end to their cease-fire, and the group subsequently set off car bombs in Abuja during an Independence Day parade on October 1.

The Apr., 2011, elections were won by Jonathan and the PDP. Jonathan won 57% of the vote, but overwhelmingly majorities in a number of southern states led to charges of vote rigging. The opposition candidates challenged the results, and in some northern states, where support for the opposition was strong, there were riots after the results were announced. International observers, however, generally described the presidential election as the country's freest and fairest in many years. In the National Assembly elections, the PDP won with a reduced majority in both houses, and it also lost control of a number of governorships in the subsequent gubernatorial elections.

By the first half of 2012 the increasingly violent, ongoing insurgency by the Islamic militant group Boko Haram was stoking sectarian tensions and worsening the economic situation in the already economically stagnant N Nigeria; the situation had also led to significantly larger government expenditures on security, diverting money from other needs. In May, 2013, after increasing Islamist-related violence, Nigeria imposed martial law in three northern states and launched an offensive against Islamist militants, but in many cases the militants fled without confronting the army, and subsequently they launched a number of murderous attacks as clashes increased later in the year. In August tensions in the PDP led to a split in the party, and several governors and a number of legislators left to form the New PDP; later in the year, most of them joined the All Progressives Congress (APC), an opposition group formed by the merger of several parties earlier in 2013.

Additional Note

Murtala/Obasanjo Transition Programme, 1976-1979

The transition programme announced by the regime of General Murtala Muhammed was preceded by a major debate in the Nigerian media. The debate began with the announcement that the regime intended to implement a speedy transition to civil rule. Two major subjects of debate were, (a) the length of time that such a programme should take, and (b) the main activities to be included in it. Chief Awolowo, for instance, thought that a two year programme terminating in March 1977 would be. While there was a general consensus that the programme should include a constitution-making process, a lifting of the ban on politics and elections leading to the formal disengagement of the military from politics, opinions differed as to how much time would be required to accomplish these. This debate was closed by the Independence Day broadcast of General Mohammed in October 1975. Because of its influence on the political programmes of subsequent military regimes in Nigeria, it is important to quote the relevant portion of that speech in which the political programme was announced: The Supreme Military Council (SMC) was the highest law and decision making organ under the regime.

The Supreme Military Council has approved a five-stage programme designed to ensure a smooth transition to civil rule by those elected by the people of this country. During the first stage, the States issue will be settled and any new states created will be fully established. The Committee on States will submit its report in December 1975 and the preliminary steps for the establishment of new states will be completed by April 1976. Meanwhile, a drafting committee on the Constitution will be appointed this month and will have up to September 1976 to complete its work on a first initial draft constitution.

In stage II, the newly created states will be given time to settle down before the entire Federation embarks upon a systematic and deliberate reorganization of the local government set up. This reorganization will lead to elections at local government level on individual merit without party politics. Arising from this, there will then be a Constituent Assembly, partly elected and partly nominated. The purpose of this Assembly is to consider and accept the draft constitution... . This second stage will last two years ... it will be completed by October 1978. Stage III will be a preparatory stage for elections. The ban on political activities will be lifted in October 1978. Political parties can then be formed in preparation for the final stages in which elections will be held into legislatures at State and Federal levels, as prescribed by the new Constitution. The two elections make up stages IV and V. These two stages are expected to be completed within one year and we intend to hand over power to a democratically elected government of the people by October 1979.

True to its word, the regime constituted an (all-male), 50-member, Constitution Drafting Committee (CDC) three days later. The CDC was inaugurated on 18 October 1975 by General Mohammed and given its terms of reference which included:

1. the creation of political institutions which ensure maximum participation and consensus and orderly succession to political power

2. the elimination of cut-throat political competition based on a system of winner-takes-all

3. the development of consensus politics and government, based on a community of all interests rather than the interests of sections of the country

4. the elimination of over-centralization of power in a few hands and the decentralization of power as a means of diffusing tension

5. a careful definition of the powers and duties of the leading functionaries of government;

6. the creation of a system of government in which the president and vice-president are elected with clearly defined powers, and are accountable to the people; and

7. the evolution of a free and fair electoral system which ensures adequate representation of the cross-section of the nation at the centre.

Following the submission of the report of the CDC in September 1976, an elected constituent assembly (CA), headed by two senior judges of the Nigerian Supreme Court, was constituted to debate the draft constitution. Neither body, however, had the power to adopt the constitution, a prerogative that the regime reserved for its highest decision-making organ, the Supreme Military Council.

The CA met between October 1977 and June 1978 and ratified the recommendations of the CRC for a federal, presidential system of government modeled on the American system. This was to include a bicameral legislature at the federal level, a unicameral legislature at the state level, and a four-year tenure for elected officials at both the federal and state levels. It also backed the recommendation of a multi-party system, separation of powers between the arms of government, a division of powers based on a system of enumerated powers for the federal government, mostly residual powers for the states and an enforceable ‘Bill of Rights’. See Section 6(6)(6) of the Constitution of the Federal Republic of Nigeria 1979.

The draft constitution which the CA submitted to the Federal Military Government suffered amendments by the time it was finally promulgated by the regime in 1979. The most significant amendment was a provision which rendered the acts and legislation of all the military regimes in Nigeria since 1966 immune to legal challenge under the new dispensation.

Meanwhile, in February 1976, the regime created six new states, bringing the number of states in Nigeria to 19. Shortly after this, General Mohammed was assassinated in a failed coup attempt and was succeeded by his deputy, General Olusegun Obasanjo, as Head of State. Following a reorganization of the local government system, the regime conducted the first set of elections under its transition programme – the local government elections – on a zero-party basis in December 1976. Responsibility for organizing these elections was given to the respective state administrations; ten of these conducted the elections by direct method while the other nine used the indirect method.

Legislative Regulation of the Transition and Electoral Process, 1976-1979

Although the mandate of the constitution-making bodies instituted by the regime included the design of an electoral system, it was clear from the transition time-table that some elections would precede the final adoption of the recommended electoral system. Addressing this issue in its report, the CDC recommended, inter alia, that:

as a transitional measure, the Supreme Military Council should appoint for the purpose of the first election before return to civil rule, an Electoral Commission. That Commission is to be disbanded after the first election.

In communicating this decision to the federal military government, the CDC suggested that the decision was ‘not to be embodied in the draft constitution.’ On 1 October 1976, two weeks after receiving the report of the CDC, the regime announced the appointment of a 24-member Federal Electoral Commission (FEDECO) headed by Chief Michael Ani, a senior federal civil servant. The FEDECO was inaugurated in November 1976 by the new head of state, General Obasanjo, who assured the commission and the country that the regime would respect its independence including the security of tenure of its members. Six months after FEDECO was established, the regime finally legitimized it through the Federal Electoral Commission Decree of May 1977, which was given retroactive effect to 1 October 1976. This decree empowered the commission to:

1. organize and supervise all matters pertaining to elections into all the elective offices provided for in the Constitution, and elections into any legislative body provided for in that Constitution other than local government bodies

2. register political parties and determine their eligibility to sponsor candidates for any of the elections referred to in paragraph (a) above

3. arrange for the annual examination and auditing of the funds and accounts of political parties

4. carry out such other functions as may be conferred on it by law

5. delineate the country into constituencies for the purpose of organizing and contesting elections and registering persons eligible to vote in such elections.

Furthermore, the decree assured FEDECO of independence in the discharge of these functions and powers, stating in particular that ‘it shall not be subject to the direction or control of any person or authority’.

In December 1977, the regime promulgated the Electoral Decree, after the establishment of FEDECO, but before the CA had completed its deliberations on the report of the CDC. The decree has 6 chapters and 151 sections, and contained the powers, procedures and dispute resolution mechanisms for the conduct of all elections. It dealt with matters such as registration of voters, procedure of elections, penal provisions relating to electoral offences, the formation and registration of political parties and dispute resolution mechanisms relating to (legal) proceedings on the validity of elections. The decree was subsequently amended by the Electoral (Amendment) Decree partly to reflect the outcome of the work of the CA.

Together, the FEDECO and the electoral decrees were the legislative bases for the conduct of the Murtala/Obasanjo transition programme. It is fair to say that, with a few exceptions, FEDECO enjoyed reasonable administrative independence under both statutes. One of such exceptions was contained in Section 16(1) of the electoral decree by which the regime reserved for itself the prerogative to decide on the dates for all the elections into elective state and federal positions.

The electoral decree prohibited political parties from having as members persons who were below 18 years ‘either directly or by the establishment of youth wings.’ The decree also created four special electoral offences of ‘impersonating’ ‘treating’ ‘undue influence’and ‘bribery’. The decree prohibited political campaigning and broadcasting during the 48 hours immediately preceding elections.

Sections 72-74 of the decree spelt out eligibility thresholds for the elections. Candidates would be eligible to contest elections if they were 21 years old in case of elections into the state legislatures or the Federal House of Representatives and 35 years for all other elective positions at the state or federal level. Certified lunatics, undischarged bankrupts, non-Nigerians or persons with more than one nationality, condemned persons or persons who have been imprisoned for more than six months for crimes involving fraud or dishonesty, public servants in the employ of any one of the arms or divisions of the government, members of the armed forces and traditional (paramount) rulers, were considered ineligible.

In addition, ‘any person found guilty of corruption, unjust enrichment or abuse of office by any tribunal or inquiry (including any military tribunal or inquiry) instituted by the Federal Military Government or by the government of a state at any time not earlier than 15th January 1966’, was also barred from contesting elections during the transition. According to the Electoral Decree:

The question whether a person was found guilty of corruption, unjust enrichment or abuse of office shall be determined by the Electoral Commission by reference to the relevant report of the tribunal or inquiry in question and the decision of the Federal Military Government or the Government of a State as the case may be thereon, and the decision of the Electoral Commission on any such question shall be final and shall not be inquired into in any court of law.

In spite of this provision, decisions of the commission disqualifying candidates from contesting some of the elections during the transition period were often contested in courts where verdicts unfavourable to the commission were sometimes returned.

On 21 September 1978, the regime lifted the ban on political activities, and one week later, on 28 September, FEDECO released the guidelines for the registration of political parties. Fifty-two political associations were formed, but only 35 collected registration forms, while 19 returned their completed forms to FEDECO. On 22 December 1978, FEDECO announced that it had recognized and registered five political parties.

Each of the registered parties was a reincarnation of the political affiliations from the previous civilian government which was overthrown in 1966 and drew its leadership from the leading political figures of that era. The Obasanjo regime faithfully completed its transition programme which culminated in the inauguration of an elected civilian, President Shehu Shagari, albeit in controversial circumstances on 1 October 1979, when the new constitution also came into force.

The civilian government which was inaugurated in 1979 was sacked by the military on 31 December 1983 following popular disaffection generated by the national elections of September 1983. In his inaugural address to the country, General Muhammadu Buhari, the new military ruler, justified the intervention of the military as necessary because, ‘the last general elections was anything but free and fair.’ Citing evidence of widespread political thuggery and discontent, he declared that ‘the intervention of the armed forces was to arrest the imminent catastrophe which would have been the inevitable result of the course being charted by the politicians’.

The Buhari administration was overthrown by another general on 27 August 1985, even before it had the opportunity to announce a programme of transition to civil rule. It is note-worthy, however, that three weeks before it was overthrown, the Buhari regime announced a six-member judicial inquiry into the defunct FEDECO headed by a Justice of the Nigerian Supreme Court. The commission was given a thirteen-point terms of reference which required it to, among other things ‘determine the causes of the failings, abuses and shortcomings which characterized the electoral processes... and to identify the persons responsible for them.’

In an early morning broadcast announcing the sacking of the Buhari regime on 27 August 1985, Brigadier Joshua Dogonyaro alleged that ‘the government had started to drift’ and that ‘the initial objectives and programmes of action which were meant to be implemented since the ascension to power of the Buhari administration... have been betrayed and discarded.’ Later, on the same day, Major-General Ibrahim Babangida, until then the Chief of Army Staff under the Buhari regime, announced himself as the first military ‘President’ of Nigeria.

There is no doubt that this country will go back to civilian rule. What we are trying to do is to make sure, first of all, that we create an atmosphere which will make such a transition quite easy. We will also create an atmosphere that makes these programmes attainable within an environment that is quite stable and geared up. In the past, we did not address our minds to this ..

The regime inaugurated a committee of eight federal permanent secretaries (known as the Committee of Eight) on 15 November 1985 to ‘study the issue of providing a political programme for the country and make appropriate recommendations’. In particular, the terms of reference of this Committee required it to:

1. identify the factors that have militated against the development of a stable political culture

2. recommend guidelines for a future system of government

3. draw up a programme for return to civilian rule or any system of government agreed by the people

4. make recommendations on modalities for implementing the programme

Shortly afterwards, on 13 January 1986, before the Committee of Eight had concluded its work, the regime inaugurated a 17-member Political Bureau with five terms of reference to:

1. review Nigeria’s political history and identify the basic problems which have led to our failure in the past

2. identify a basic philosophy of government which will determine goals and serve as a guide to the activities of government

3. collect relevant information and data for the government as well as identify other political problems that may arise from the debate

4. gather, collate and evaluate the contributions of Nigerians to the search for a viable political future and provide guidelines for the attainment of consensus objectives

5. deliberate on other political problems that may be referred to it from time to time.53

The Committee of Eight submitted its report in March 1986, and identified several priority issues for the regime to address. These included economic stabilization and growth, restructuring the economy for growth, the establishment of new states, religious issues, penal reform and the judicial process, education, the national census, police and national security, the public service and language. The committee rejected the presidential system of government, suggesting instead ‘a modified parliamentary system of government based on the principle of power sharing’ between the army and elected civilians in which ‘sensitive’ portfolios such as defence, internal affairs and information, would be reserved for the military. The work of this committee has never been published.

The Politburo identified 30 priority areas on which it took submissions. Although framed differently, these issues included all those identified by the Committee of Eight. In addition, there were items like human rights, women in politics, political parties, rural and community development, revenue allocation, ethnicity, federalism, youths and students in politics and national minorities. The bureau submitted its report on 27 March 1987. In its report, the bureau recommended the implementation of ‘a broadly spaced transition in which democratic governance can proceed with political learning, institutional adjustment and a reorientation of political culture, at sequential levels of politics and government and ending at the federal level.’ While the majority of members of the bureau recommended a transition programme that would terminate with the hand-over of power to an elected civilian regime in September/October 1990, a minority recommended a five-year programme to end in 1992.

Though the contents of the report were not made public until much later, a leading Nigerian news magazine managed to obtain and publish a copy of the report shortly after it was submitted. The magazine was promptly proscribed for six months. There was, therefore, no public debate on the report. After receiving it, the regime constituted a nine-member committee headed by Major-General Paul Omu. The committee included three civilians and six members of the armed forces and was set up to study the report and prepare government’s response. The Omu Committee reported back to the regime in favour of a five-year programme of transition to end in 1992. Subsequently, on 28 July 1987, the regime promulgated the Transition to Civil Rule (Political Programme) Decree57 announcing a five-year, multiple-stage programme to terminate in the fourth quarter of 1992 with the inauguration of an elected civilian president and the final disengagement of the armed forces.

The implementation of the transition programme of General Babangida relied heavily on the force of military decrees. In contrast to the transition programme of 1976-1979 which was regulated by two basic laws, General Babangida promulgated 57 decrees containing a total of 1,174 sections to govern the transition programme between 1986-1992. As a result, the process of implementing these laws (and their amendments) was often confusing. The survey below only covers some of the significant transition decrees.

41General Babangida’s political programme was promulgated in Decree no. 19 of 1987. This decree originally outlined a programme of transition, scheduled to begin in the third quarter of 1987, with the establishment of a Directorate of Social Mobilization, a National Electoral Commission (NEC) and a Constitution Drafting Committee (later established as the Constitution Review Committee, CRC) in the third quarter of 1987. In addition, the programme listed in six schedules, an itemized timetable of 19 other activities and measures to be implemented during the transition period. These included local government elections on a zero-party basis in the last quarter of 1987, the termination of the structural adjustment programme (SAP) and the consolidation of its gains in 1988, the lifting of the ban on politics and the registration of two political parties in 1989, the inauguration of elected state governments in 1990, the conduction of a national census in 1991 and the inauguration of a new president in 1992.

The decree also established a five-member tribunal to try persons who by their actions or omissions undermined the programme. There was a right of appeal from the tribunal to a Special Appeal Tribunal whose decision was, in turn, subject to ratification by the Armed Forces Ruling Council (AFRC). By virtue of Section 16(1) of the decree:

the validity of any decision, sentence, judgment, confirmation, direction, notice or order given or made, as the case may be, or any other thing whatsoever done under this decree shall not be inquired into in any court of law.

This clause was described by the Court of Appeal in the case of the National Electoral Commission v. Nzeribe as ‘the most far reaching to be found in any decree since the inception of military rule in this country.’ This decree was subsequently amended at least seven times and the terminal date of the transition changed four times, eventually to 27 August 1993.

By Decree no. 23 of 30 September 1987, the regime set up a 9-member National Electoral Commission (NEC) to replace the defunct FEDECO, to be headed by a chairman who ‘shall not be less than fifty years old’. The decree originally empowered NEC to, inter alia, ‘register two political parties and determine their eligibility to sponsor candidates for any of the elections’ to be organized during the transition.

45In another notable departure from the standards set by the Murtala Mohammed/Obasanjo regime, the decree failed to assure the independence of the NEC, providing instead for the military government to:.

... give the commission such directives as appear to it to be just and proper for the effective discharge of the functions of the commission ...

The NEC decree suffered two significant amendments: the National Electoral Commission (Amendment) Decree, deprived the NEC of the power to register political parties and transferred this power to the Armed Forces Ruling Council. The decree also reduced the minimum age of the chairman of NEC to 45 years.

In December 1987, the regime successfully organized the local government elections on a zero-party basis. These elections were organized under the Local Government Elections Decreewhich was later repealed by the Local Government Elections (Basic Constitutional and Transitional) Provisions Decree which dissolved pre-existing local governments and provided for the organization of fresh local elections, this time on a party basis. This decree empowered the president to remove any elected local government official or dissolve any local government council ‘if he is satisfied that the affairs of the local government are not being managed in the best interest of the community or in a way to strengthen the unity of the people of Nigeria or for any other good cause.’ It was subsequently amended four times after the local elections on party basis took place on 8 December 1990.

In pursuit of its stated objective of making a clean break with the political past, the regime prohibited certain categories of former political office holders from contesting for elective office during the transition programme through the Participation in Politics and Elections (Prohibition) Decree of 198775 which was subsequently amended at least four times. Among those excluded from the politics of the transition period by the decree were persons who held political offices at the federal or state levels in the civilian governments between 1960 and 1966, and 1979 and 1983, as well as former or serving state military governors or administrators, service chiefs in the armed forces and the police, including former military heads of state and the serving president.

Also banned were persons who either collectively or individually, have been liable or indicted and found guilty of acts of unjust enrichment, corruption, fraud, embezzlement of public funds, election malpractices or contributed in one way or the other to the economic adversity of the nation and such persons who exercised corrupt influence on public office holders’. The decree further banned persons in both the private and the public sectors who were dismissed from office or employment between 1 October 1960 and the end of the transition period. It equally applied to77 persons ‘whose political activities during the transition period are necessary to be curtailed for the purpose of ensuring a clean break with the past’. Justifying these measures in October 1988, General Babangida claimed that:

...we have not chosen and have not sought to choose those who will succeed us. We have only decided on those who will not. We also have no vested interest in who succeeds our successors ... We are also resolved that we will not be succeeded by extremists ... We do not believe that anything but the good of this country will come out of the decision to exclude them.

The minimum age for participation in transition politics was put at 18. The regime also constituted a Constitution Review Committee in 1987, and in April 1988, set up a Constituent Assembly to deliberate upon the work of the CRC. The CA completed its work in May 1989. Like similar bodies which were set up under the Obasanjo regime, the final decision on the contents of the constitution lay with the Armed Forces Ruling Council.

In December 1989, after it had refused to recognize any of the six political associations recommended to it for registration by NEC, the regime promulgated decrees to set up and regulate the operations of the two political parties, the National Republican Convention (NRC) and the Social Democratic Party (SDP), the latter being ‘a little to the left’ and the former ‘a little to the right’ of the ideological spectrum.

New states require time and organization to enable them participate meaningfully in the other transition processes leading to the withdrawal of the military from governance ... It is estimated that the above process should require a minimum of three years. Accordingly, it is recommended that the proposed new states be created by the middle of 1987.

In August 1987, the regime announced the creation of two new states, a step that it legalized shortly afterwards in September of the same year. Subsequently, in August 1991, a few months before the elections into the state and federal legislative, as well as state executive offices, the regime created nine new states and 47 local governments bringing the number of states and local government areas in the country to 30 and 593 respectively. The state and federal legislative elections duly took place in December 1991 and the newly elected officials were inaugurated on 2 January 1992. This set the stage for the last phase of the transition programme which was to be regulated by the Presidential Election (Basic Constitutional and Transitional Provisions Decree of 1993). For the selection of their presidential candidates, this decree required the parties to organize party primaries from the ward to the national level. Both parties made two initial attempts to choose their presidential candidates but on each occasion, the primaries were cancelled after widespread allegations of irregularities. After the second attempt, the regime rejected the outcome of the primaries and also dissolved all party structures around the country, appointing caretaker committees to run the parties instead.

It also disqualified all aspirants who had participated in the previous primaries from contesting any further elections during the transition programme.

The presidential elections took place on 12 June 1993. However, while the results were being collated and announced by NEC, the regime stopped NEC from continuing the collation or announcing any winner. Then on 23 June 1993, Babangida annulled the elections. On the same day, he issued four decrees, one of which repealed the Presidential Elections (Basic Constitutional and Transitional Provisions) Decree and effectively terminated the transition process.

Recommendations of the Constitution Drafting Committee (CDC) under Murtala/Obasanjo

v As a transitional measure, the Supreme Military Council should appoint for the purpose of the first election before return to civil rule,

v An Electoral Commission. That Commission is to be disbanded after the first election.

v The CDC suggested that the decision was ‘not to be embodied in the draft constitution.

The regime appointed a 24-member Federal Electoral Commission (FEDECO) headed by Chief Michael Ani, a senior federal civil servant. The FEDECO was inaugurated in November 1976 by the new head of state, General Obasanjo. Six months after FEDECO was established, the regime legitimized the Federal Electoral Commission Decree of May 1977, given retroactive effect to 1 October 1976. This decree empowered the commission to:

6. organize and supervise all matters pertaining to elections into all the elective offices provided for in the Constitution, and elections into any legislative body provided for in that Constitution other than local government bodies

7. register political parties and determine their eligibility to sponsor candidates for any of the elections referred to in paragraph (a) above

8. arrange for the annual examination and auditing of the funds and accounts of political parties

9. carry out such other functions as may be conferred on it by law

10. Delineate the country into constituencies for the purpose of organizing and contesting elections and registering persons eligible to vote in such elections.

11. The decree assured FEDECO, of independence in the discharge of these functions and powers, stated particularly that ‘it shall not be subject to the direction or control of any person or authority’.

In December 1977, the regime promulgated the Electoral Decree, after the establishment of FEDECO, but before the CA had completed its deliberations on the report of the CDC.

Content of Electoral decree 1977

§ The decree has 6 chapters and 151 sections, and

§ contained the powers, procedures and dispute resolution mechanisms for the conduct of all elections.

§ It dealt with matters such as registration of voters,

§ procedure of elections,

§ penal provisions relating to electoral offences,

§ the formation and registration of political parties and

§ dispute resolution mechanisms relating to (legal) proceedings on the validity of elections. The decree was subsequently amended by the Electoral (Amendment) Decree partly to reflect the outcome of the work of the CA.

The electoral decree prohibition

§ political parties from having as members persons who were below 18 years ‘either directly or by the establishment of youth wings.’

§ The decree also created four special electoral offences of ‘impersonating’ ‘treating’ ‘undue influence’ and ‘bribery’.

§ The decree prohibited political campaigning and

§ broadcasting during the 48 hours immediately preceding elections.

Sections 72-74 of the decree spelt out eligibility thresholds for the elections:

§ Candidates would be eligible to contest elections if they were 21 years old in case of elections into the state legislatures or the Federal House of Representatives and 35 years for all other elective positions at the state or federal level.

§ Certified lunatics,

§ undischarged bankrupts,

§ non-Nigerians or persons with more than one nationality,

§ condemned persons or persons who have been imprisoned for more than six months for crimes involving fraud or dishonesty,

§ public servants in the employ of any one of the arms or divisions of the government,

§ members of the armed forces and traditional (paramount) rulers, were considered ineligible.

In addition,

§ any person found guilty of corruption,

§ unjust enrichment or abuse of office by any tribunal or inquiry (including any military tribunal or inquiry) instituted by the Federal Military Government or by the government of a state at any time not earlier than 15th January 1966’, was also barred from contesting elections during the transition.

According to the Electoral Decree:

§ The question whether a person was found guilty of corruption,

§ unjust enrichment or abuse of office shall be determined by the Electoral Commission by reference to the relevant report of the tribunal or inquiry in question and

§ the decision of the Federal Military Government or the Government of a State as the case may be thereon, and

§ the decision of the Electoral Commission on any such question shall be final and shall not be inquired into in any court of law.

On 21 September 1978, the regime lifted the ban on political activities,7 days later, on 28 September, FEDECO released the guidelines for the registration of political parties.

v Fifty-two political associations were formed,

v but only 35 collected registration forms,

v while 19 returned their completed forms to FEDECO.

v On 22 December 1978, FEDECO announced that it had recognized and registered five political parties.

The commission was given a thirteen-point terms of reference which required it to,

v among other things ‘determine the causes of the failings,

v abuses and shortcomings which characterized the electoral processes... and

v to identify the persons responsible for them.’

In his independence day anniversary broadcast to the country on 1 October 1985, General Babangida indicated that he would release a political programme in 1986. In the first substantial indication of the political programme of the regime in December 1985, General Babangida promised that they will hand over to civilian rule after creating an atmosphere that will make the transition attainable with environment that is quite stable and geared up.

5. identify the factors that have militated against the development of a stable political culture

6. recommend guidelines for a future system of government

7. draw up a programme for return to civilian rule or any system of government agreed by the people

8. make recommendations on modalities for implementing the programme

Shortly afterwards, on 13 January 1986, before the Committee of Eight had concluded its work, the regime inaugurated a 17-member Political Bureau with five terms of reference to:

6. review Nigeria’s political history and

7. identify the basic problems which have led to our failure in the past

8. identify a basic philosophy of government which will determine goals and serve as a guide to 0000the activities of government

9. collect relevant information and data for the government as well as identify other political problems that may arise from the debate

10. gather, collate and

11. evaluate the contributions of Nigerians to the search for a viable political future and

12. provide guidelines for the attainment of consensus objectives

13. deliberate on other political problems that may be referred to it from time to time.

The Committee of Eight submitted its report in March 1986, and identified several priority issues for the regime to address. These included

v economic stabilization and growth,

v restructuring the economy for growth,

v the establishment of new states,

v religious issues,

v penal reform and the judicial process,

v education,

v the national census,

v police and national security,

v the public service and language.

The committee rejected the presidential system of government, suggesting instead

v ‘a modified parliamentary system of government based on the principle of power sharing’ between the army and elected civilians in which ‘sensitive’ portfolios such as defence, internal affairs and information, would be reserved for the military.

The work of this committee has never been published for public consumption.

v like human rights,

v women in politics,

v political parties,

v rural and community development,

v revenue allocation,

v ethnicity,

v federalism,

v youths and students in politics and

v national minorities.

The bureau submitted its report on 27 March 1987. In its report, the bureau recommended

v the implementation of ‘a broadly spaced transition in which democratic governance can proceed with political learning,

v institutional adjustment and

v a reorientation of political culture, at sequential levels of politics and government

v and ending at the federal level.’

While the majority of members of the bureau recommended

v a transition programme that would terminate with the hand-over of power to an elected civilian regime in September/October 1990,

v a minority recommended a five-year programme to end in 1992.

The Omu Committee reported back to the regime in favour of a five-year programme of transition to end in 1992. Subsequently, on 28 July 1987, the regime promulgated the Transition to Civil Rule (Political Programme) Decree announcing a five-year, multiple-stage programme to terminate in the fourth quarter of 1992 with the inauguration of an elected civilian president and the final disengagement of the armed forces.

General Babangida’s political programme was promulgated in Decree no. 19 of 1987. This decree originally outlined a programme of transition, scheduled to begin in the third quarter of 1987, with the establishment of a Directorate of Social Mobilization, a National Electoral Commission (NEC) and a Constitution Drafting Committee (later established as the Constitution Review Committee, CRC) in the third quarter of 1987. In addition, the programme listed in six schedules, an itemized timetable of 19 other activities and measures to be implemented during the transition period included:

v local government elections on a zero-party basis in the last quarter of 1987,

v the termination of the structural adjustment programme (SAP) and

v the consolidation of its gains in 1988,

v the lifting of the ban on politics and the registration of two political parties in 1989,

v the inauguration of elected state governments in 1990,

v the conduction of a national census in 1991 and the inauguration of a new president in 1992.

v the validity of any decision,

v sentence,

v judgment,

v confirmation,

v direction,

v notice or order given or made, as the case may be, or any other thing whatsoever done under this decree shall not be inquired into in any court of law.

In another notable departure from the standards set by the Murtala Mohammed/Obasanjo regime, the decree failed to assure the independence of the NEC, providing instead for the military government to accord the commission with directives that will be just and proper for the easy function of the commission.

The NEC decree suffered two significant amendments:

§ the National Electoral Commission (Amendment) Decree deprived the NEC of the power to register political parties and

§ transferred power to the Armed Forces Ruling Council (AERC).

Reduction of the minimum age of the chairman of NEC to 45 years, In December 1987, the regime successfully organized the local government elections on a zero-party basis. Those elections were organized under the Local Government Elections Decree (LGED) which was later repealed by the Local Government Elections (Basic Constitutional and Transitional) Provisions Decree which dissolved pre-existing local governments and provided for the organization of fresh local elections, on a party basis. The decree empowered the president to remove any elected local government official or dissolve any local government council ‘if he is satisfied that the affairs of the local. Decree was subsequently amended four times after the local elections on party basis took place on 8 December 1990.

Among those excluded from the politics of the transition period by the decree were:

v persons who held political offices at the federal or state levels in the civilian governments between 1960 and 1966, and 1979 and 1983,

v as well as former or serving state military governors or administrators, service chiefs in the armed forces and

v the police, including former military heads of state and the serving president.

v Also banned were persons who either collectively or individually, have been liable or indicted and found guilty of acts of unjust enrichment, corruption, fraud, embezzlement of public funds,

v election malpractices or contributed in one way or the other to the economic adversity of the nation and such persons who exercised corrupt influence on public office holders’.

v persons in both the private and the public sectors who were dismissed from office or employment between 1 October 1960 and the end of the transition period.

v It equally applied to77 persons ‘whose political activities during the transition period are necessary to be curtailed for the purpose of ensuring a clean break with the past

Justifying these measures in October 1988, General Babangida claimed that he has not sought to choose those that will succeed him, that they have only decided on those that will not be in power and that his administration has resolved not to be succeeded by extremists that they have good intention for the country to move forward.

The original political programme announced by the regime in Decree no. 19 of 1987 was silent on the issue of creation of states on which both the Political Bureau and the Committee of Eight had reported favourably. In particular, the report of the Politburo stated that; new states require time and organization to enable them participate meaningfully in the other transition processes leading to the withdrawal of the military from governance and estimated that the above process should require a minimum of three years. And they recommended that the proposed new states be created by the middle of 1987.

On 23 September 1987, Babangida created two states: Akwa Ibom and Katsina. On 27 August 1991, Babangida created nine more states: Abia, Enugu, Delta, Jigawa, Kebbi, Osun, Kogi, Taraba and Yobe. and 47 local governments bringing the number of states and local government areas in the country to 30 and 593 respectively.

The state and federal legislative elections duly took place in December 1991 and the newly elected officials were inaugurated on 2 January 1992. This set the stage for the last phase of the transition programme which was to be regulated by the Presidential Election (Basic Constitutional and Transitional Provisions Decree of 1993). For the selection of their presidential candidates, this decree required the parties to organize party primaries from the ward to the national level. Both parties made two initial attempts to choose their presidential candidates but on each occasion, the primaries were cancelled after widespread allegations of irregularities. After the second attempt, the regime rejected the outcome of the primaries and also dissolved all party structures around the country, appointing caretaker committees to run the parties instead.

It also disqualified all aspirants who had participated in the previous primaries from contesting any further elections during the transition programme.

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