• Saturday, April 20, 2024
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Why INEC should wield big stick on parties gagging opposition in states

James Kwen

Democracy guarantees freedom of assembly, association, property rights, freedom of religion and speech.
It also ensures inclusiveness and equality, citizenship, voting rights, freedom from unwarranted governmental deprivation of the right to life and liberty and minority rights.

Where these rights are not guaranteed, it is no longer democracy.
For instance, David Umahi governor of Ebonyi State, banned political parties from using schools and market areas for political campaigns in the state.

According to the governor, the political party members always defecate and litter these areas.
In Abia, the Labour Party accused the Peoples Democratic Party-led government in the state of suppressing opposition.
The LP alleged that the PDP-led government in Abia ploted to disrupt its campaign flag-off in the state, which later held in Aba, on November 10, 2022.

The Abia State Government, through the Ministry of Basic Education, had written to Abia State chairman of Labour Party to seek another venue for its rally, saying that the rally, if held at the venue would disrupt academic calendar, as learning and political rally cannot go on side by side.

Ukwu Rock Emma, commissioner for Basic Education, said, “It has come to the notice of the Ministry of Basic Education that you intend to hold a political rally in the above mentioned school.

“While wishing you well in your political activities, may I please advise that you look for another venue for the date you have chosen. Thursday, November, 10, 2022 is a school day and Abia schools are in session.
“In Abia, we do not compromise on the welfare and wellbeing of our pupils. This proposed rally will definitely disrupt the academic calender as learning and political rally cannot go on side by side.

Your programme could have been considered if it were on a non-school day or during the holidays, when schools are not in session.

“The use of Ngwa High School for a political rally on Thursday, November, 10, 2022 is therefore denied”.
The Alex Otti Campaign Council, in a press statement made available to BusinessDay, noted with dismay some press statements that emanated from Abia State Government and her agents, geared towards disrupting its campaign rally at Ngwa High School, Aba.

The statement, signed, by Iheanacho Obioma, sate coordinator, Alex Otti Campaign Council, stated that the venue of the rally does not belong to Abia State Government, rather to a private religious institution- Aba-Ngwa North Diocese of Anglican Communion, which gave them the necessary approvals after payment was made and received.

They stated that the school was on mid-term break, which is one of the things they took into consideration before the date was chosen, stating that they did not expect Abia State Government to be aware of this, because they have no interest in the affairs of the school.

The LP also argued that the owners and management of the facility who have better knowledge of the vicinity and who had exhibited moral obligation to protect the welfare and wellbeing of their students than Abia State Government, understood that their rally will pose no threat of any kind to the facilties and students, whose classrooms are far away from the venue of the rally before giving their approval.
They accused Abia PDP of hypocrisy, as the party held similar rallies a few days before the Labour Party rally, at Osusu Amaukwa and Umuakatawom Primary schools, in Obingwa Local Government Area, respectively, while schools were in session.
“Does this not show hypocrisy and double standard by the same government?
“Our party had applied to use the Aba Township Stadium (Enyimba Stadium), but the State Government turned down our request on the grounds that the pitch is a synthetic turf and thus will be destroyed, if we hold our rally there,” he decried.

They advised Governor Okezie Ikpeazu to distance himself from his overzealous aides and allies, who are encouraging him to resort to violence, as a strategy to enthrone his anointed candidate, noting that such advisers and allies do not mean well for him, because they do not understand the implications and consequences of their actions.

However, Section 95 (5) of the electoral act makes it illegal for state apparatus, meaning the power of incumbency, to be used to the advantage or disadvantage of any political party or candidate, including the denial of the use of state facilities, public media organizations or excessive charges for outdoor advertising, especially for signages and billboards and the law also prescribes penalties for any infraction“.

The Independent National Electoral Commission (INEC) had also warned that there are penalties for contravening these provisions and that the law is no respecter of persons, no matter how highly placed.
Emeku Uche Udensi, a political analyst, observed that the beauty of democracy is that it allows both the proposition and the opposition the avenue to compete, through political campaign.

He explained that political parties use campaign to sell their candidates to the public, noting that democracy affords the public and individuals, the opportunity to buy into the programme of a particular party after perusing them.

In other words, democracy allows for the ventilation of ideas. Where this basic elements are lacking that particular political system can no longer be seen as democratic, there is therefore a qualification tag to it.

The freedom of choice is an important ingredient in democratic and cannot be denied rather it will be promoted.
One is also permitted to air his opinion without being prosecuted nor persecuted. The overall condition for democracy is to promote rule of law generally, so that development can thrive in a given society.
Uche Udensi opined that allowing opposition to thrive is a healthy development, which should be encouraged but where there is any attempt subtly or otherwise to muzzle opposition is not good therefore it should not be encouraged.

He stated that the PDP-led government in Abia, has no right whatsoever to deny opposition the use of public space or facility, especially where the intention of that opposition is not to derisively or destructively use that public space.

This is because the space was procured and being maintained with fund and, moreover, the party in power might lose the next election and it then becomes means of vendetta reprisal, Udensi stated.
“If the PDP believes that they have done very well as they are mouthing, then they should not be afraid. It is therefore a sign that they have not done well and are afraid of losing the 2023 elections. I believe that instead of trying to muzzle opposition they should embark on provision of critical infrastructure, though it is late.

“One thing should be clear to us all, and that is the fact that no matter how we may try, a day of reckoning will surely come and it is just three months away.
“Public space means it is for the general public and not just for the PDP. One thing that tickles me most times is our behavior once we assume the driving seat, one will notice the dictatorship in us and self pride and ego-boasting,” Udensi said.

Udensi, urged INEC as an election umpire to call PDP, in the case of Abia, to order in the event that they have not taken sides with them, because the primary function of INEC is to provide a level playing ground for all political parties.
“INEC in a nutshell can stop it by going to court against PDP and eventually disqualifying them, if they secure court order against PDP.

Read also: Why Nigerians must be sensitive to 2023 election, recurring promises

“You need to ask yourself the essence of the “Peace Accord ” which every party signed”?
For Goodluck Ibem, president general, Coalition of South-East Youth Leaders (COSEYL), gagging opposition parties from campaigning is undemocratic and also contrary to the peace accord, signed by all political parties, to play by the rules.
He suggested that if any political party contravenes the peace accord signed by all parties, such political party should be suspended from participating in that elecitions in the state, where the offence was committed.

In his words, “If for example it was committed in Ebonyi State that political party that is trying to gag other parties from campaigning should be disqualified from contesting elecitions in that state”.
He posited that public spaces are owned by the people, not by any political party, noting that the people is the government, not the political party in power.
“That a political party was voted into power does not make it to ruthlessly deal with the people that voted it into power.

“A political party in power in any state does not have any right to stop opposition parties from using public facilities for their campaigns. The only interest of government will be to ensure that those properties are not destroyed, by deploying the police to guide the facility, to ensure that it is not destroyed during the gathering.
Darlington Kalu, president general, African Association for Small and Medium Enterprises (AASME), advised politicians to always be guided by the rule of law and the right of citizens.

He said, “If you are in an elected office, the power given to you was taken from the citizens, it is not your power.
“So, if you are on an appointed position or elected into public office, you are not working for yourself, but for the people.
“As a leading political party in a state, you should not take a monopoly of rights. Every individual has a right to campaign and to support a candidate of his or her choice.
“If your party is in power and has done well, you don’t have to stop others from campaigning to seek for voted in an election”, he advised.