FELIX NWANERI writes on the plot by the leadership of the Peoples Democratic Party (PDP) to pave way for a Goodluck Jonathan sole candidacy on the platform of the party in the 2015 presidential election.
There seems no end in sight to the internal strife rocking the Peoples Democratic Party (PDP), as the fresh plot to grant automatic tickets to President Goodluck Jonathan and serving governors of the party for the 2015 elections is threatening to further polarise the ruling party.
Hinged on the Right of First Refusal, the plan if actualised, will lead to an affirmation of Jonathan's candidature at the PDP national convention in 2014 in line with practices in other presidential system of governments like the United States.
The chairman of PDP Board of Trustees, BoT, Chief Tony Anenih, who canvassed the option penultimate week at a dinner organised by the President for the "PDP family," argued that it will put an end to the wrangling that usually characterise the party's primaries, especially for executive positions.
His words: "We need a strong party. If a party is strong and there is discipline and those who work hard are rewarded, our government will be stronger. Our problems are not insurmountable. After the tour of the Board of Trustees, we will collate the opinions and make appropriate recommendations to the President as leader of the party.
But what I would like to say is that the President and governors who are seeking their second term should be given automatic tickets.
"I do not see anything wrong if the PDP considers automatic tickets for the President and its governors who have performed well and are seeking for a second term. It is my view that with the outstanding performance of President Jonathan in the areas of power, rail and water transportation, road construction, aviation reforms, education, agriculture, job creation, etc., the party should not find it difficult in granting him the opportunity to serve a second term, if he so desires."
He also suggested the extension of the gesture to performing members of the National Assembly, even though their tenure or number of terms they can enjoy is not circumscribed by the constitution.
Timely dummy
Expectedly, Anenih's proposal has stirred reactions even beyond the PDP, probably because of his position as BoT chairman, but it would be recalled that elder statesman and Ijaw leader, Chief Edwin Clark, earlier gave a lead to the plot in a letter he wrote to the Niger State governor, Babangida Aliyu in March this year.
Clark stated then that the practice in most presidential system of governments is that "an incumbent president remains the sole candidate of his political party at the party's convention, if he or she is willing to contest for a second term in office."
He was reacting to Aliyu's insistence that Jonathan respects an alleged pact he entered into with the PDP governors at the eve of the 2011 elections to serve only a single term.
It is against this backdrop that many are of the view that the sole candidacy plot is aimed at stopping members of the party interested in the 2015 presidency despite the fact that Chapter 2, Part X (5) of the PDP Constitution 2012 (as amended) states that: "The National Convention shall have and exercise authority to elect the presidential candidate of the party."
The President has not declared interest to run for a second term, but his party has been divided into pro and anti-Jonathan camps, prompting analysts to conclude that the PDP is in for a replay of the intrigues that have characterised its presidential primaries since 2003. It would be recalled that the PDP had before now maintained that President Jonathan and the governors will not have the Right of First Refusal for the 2015 election.
The party's party spokesman, Olisa Metuh, who made the clarification in April, said: "The truth is that NEC (the National executive Committee) cannot seek such amendment.
It is above the powers of NEC." He added: "Nobody in the executive, nobody in the party has ever told me about the amendment on the right of first refusal. I have also not heard it from anybody. So, I have never heard, it has never been discussed. As far as PDP constitution is concerned, there will be primaries for all those who want to contest for elective offices in 2015."
Justification
While it is the constitutional right of members of any political party to aspire for any elective position if they are qualified, advocates of automatic ticket for the President are of the view that it will help reduce distractions.
They also pointed out that it will save the ruling party from the implosion that usually characterise its primaries as well as counter the threat of opposition parties, which are uniting under the All Progressives Congress (APC).
The PDP, which prides itself as the largest political party in Africa has won the last four successive presidential elections, but it usually gets polarised close to general elections, especially over its presidential flag bearers.
Senator Margery Chuba-Okadigbo (PDP Anambra North), who described Anenih's proposal as a welcome development, though relative, said: "Obviously, there is a caveat in that proposal – it is for those performing, that's relative. Legislators in particular don't have a time limit because you want to make sure the little they've learnt they improve upon.
"In the Senate, as a new member, you need more time to settle down and observe before you learn the ropes. It's not a matter of how smart or how quick or knowledgeable you are."
She further explained that Anenih simply considered the realities on ground, because the lack of continuity in the process of governance has robbed Nigeria of so many benefits, especially in the area of sustainable development.
Provisions of the law
Besides the PDP Constitution, the Electoral Act 2010 (as amended), in section 87 gave a very detailed procedure for the nomination of candidates by political parties. Section 87(1) provides that "A political party seeking to nominate candidates for elections under this Act shall hold primaries for aspirants to all elective positions."
Sub section 2 provides as follows: "The procedure for the nomination of the candidate by political parties for the various elective position shall be by direct or indirect primaries. A political party that adopts the direct primaries procedure shall ensure that all aspirants are given equal opportunity of being voted for by members of the party.
"However, where a political party decides to adopt the indirect primaries for the choice of its candidates, it shall adopt the procedures outlined in section 87 (4).
The procedures are as follows: Where a political party wishes to nominate a candidate for the position of president, the party shall hold special presidential conventions in the Federal Capital Territory, or any other place within the federation that is agreed by the National Executive Committee of the party where delegates shall vote for each of the aspirants at designated centre.
"The aspirant with the highest number of votes at the end of the voting shall be declared the winner of the presidential primaries of the political party and the aspirant's name shall be forwarded to the Independent National Commission as the candidate of the party."
The Act further provides that where there is only one aspirant in a political party for any of the elective positions, the party shall convene a special convention or congress at a designated centre on a specified date for the confirmation of such aspirant.
The fear
A chieftain of the PDP who spoke on the issue told National Mirror that the Right of First Refusal is being weighed to avoid a humiliation of the President at the party's national convention. He said: "The lack of discipline among party members and most importantly, the fallout of the just held chairmanship election of the Nigerian Governors' Forum, NGF, in which the party was the opposition to itself has taught us a bitter lesson."
He added that Jonathan's ambition for a second term would be in jeopardy if an open contest is allowed given the antics of some anti-Jonathan PDP governors who will actually control the delegates to the party's convention. Jonathan's easy ride at the PDP presidential primaries in 2011, it would be recalled, was largely attributed to the overwhelming support of the PDP governors then.
Numbering 23, they defied opposition from some Northern political leaders who endorsed former Vice President Atiku Abubakar's candidacy. The PDP governors had then insisted that a sitting president, who was not barred by the constitution, should not be stopped from seeking the presidency as long as he remained constitutionally qualified. At the end, Jonathan won with a landslide.
He polled 2,736 votes to defeat Atiku, who polled 805 votes. The incontestable influence of the governors, perhaps explains the rationale for the just concluded reconciliation tour that took the Bamanga Tukur-led National Working Committee (NWC) round the six geo-political zones of the country.
National Mirror gathered that the move was aimed at wooing support for the President, as there is the fear that he is unlikely to get massive support in his re-election bid, given the supremacy battle between him and some governors of his party. To most political observers, the feud is not unexpected.
Majority of the governors are serving out their second term, so the Villa is likely to be their next target. Already, Governors Aliyu and Sule Lamido (Jigawa) are said to be interested in taking over from the President, while Rotimi Amaechi (Rivers) is believed to be eyeing the vice presidency.
Booby trap
Also the national leadership of the PDP and Jonathan's strategists, who are playing the card of automatic tickets, are not unmindful of the likely apathy of its members after the presidential primaries, who could in-turn swell the "enemy's camp" – the yet to be registered APC.
A former Commissioner for Information in Imo State, Chief Elvis Agukwe, who is the Lead Strategist of Concerned PDP Democrats, a group that is also championing the Jonathan affirmation project, is of the view that the obvious danger and threat to the continued dominance of the PDP has made it imperative for the party to take a second look at the rules governing the conduct of its presidential and governorship primaries.
His words: "Right of First Refusal is a survival strategy adopted by political parties all over the world to reduce bickering, animosity, blackmail, big money politics and bad blood within its rank.
Party primaries are necessary to choose flag bearers for political parties before the main election. It is dubbed the election before election. Sometimes, the real choice of the people may not emerge in party primaries, especially when the delegates' system of selection is involved and money plays a significant role in the choices that are made. "At other times, the primaries become so acrimonious that cracks develop among party members, leading to disaffection and defection to other parties.
...Because of the obvious danger and threat to the continued dominance of PDP, it has become absolutely necessary for the party to take a second look at the rules governing the conduct of its presidential primary and also governorship primaries.
Those recurring errors are what should be avoided in the tortuous road of endorsing a candidate for future presidential elections in Nigeria." This trepidation, most analysts noted, may have informed the recent developments in the PDP like the emergence of Anenih as BoT chairman; formation of the PDP Governors' Forum; sacking of some states executives of the party loyal to the anti-Jonathan governors and their replacement with the trusted allies as well as the factionalisation of the NGF. Anenih, popularly known as "Mr. Fix" is believed to have what it takes to whip all party members into line.
Implications
A political school of thought is of the view that the PDP would be taking a risk in 2015 if it goes ahead with the automatic tickets, even if it amends its constitution before then. According to this school, any aggrieved aspirant can approach the court for redress on the grounds that provisions of the Electoral Act were breached, if Jonathan emerges as the party's presidential candidate without a contest.
The judiciary recently laid a veritable ground for such redress when the Federal High Court, Lagos, presided over Justice Okechukwu Okeke (now retired), ruled against a suit by the Action Congress of Nigeria (ACN), seeking to invalidate the provisions of the Electoral Act, which prescribes primaries as mode of choosing standardbearers in future general elections.
The party had sought a declaration that the provisions of Section 87 of the Electoral Act 2010 (as amended) were inconsistent with the provisions of Section 4 and 228 of the 1999 Constitution (as amended) as well as prayed the court to declare the section unconstitutional and void for mandating the manner of conducting primaries by political parties for elections into elective offices.
But the court, in its judgement upheld the powers of the National Assembly to legislate on how political parties should nominate candidates for elections, saying the exercise of the National Assembly's regulatory powers as contained in Section 228 of the 1999 Constitution gave rise to the enactment of the Electoral Act and therefore refused the plaintiff 's prayer seeking to invalidate Section 87 of the Electoral Act 2010 (as amended).
Opposition mounts
The PDP leadership and President's men will still have a lot to contend with in their bid, particularly from Atiku, who has vowed to resist attempts to foister Jonathan on the party as its sole candidate. In a statement by his media office last weekend, Atiku said he would stand against any kind of "consensus arrangement" and "adoption", adding that he will only support transparent elections that will produce candidates for all elective offices. He recalled that he had gone to court severally to challenge such policy and that the courts ruled that it was alien to the PDP and Nigerian constitutions.
According to him, the principle for which he opposed the unjust policy, which he described as a "travesty of democracy" has not changed since then. He said: "My position remains that as far as the PDP Constitution is concerned, any attempt to change the party's rule to favour the President as a sole candidate in the event of his willingness to re-contest is unconstitutional.
The contest should be open to all desiring to pursue an ambition on the platform of the PDP." Atiku, who admitted that Jonathan can seek the party's ticket in 2015, however maintained that he (the President) should submit himself to a transparent and fair process, just like any other party members, warning that the PDP would be sending the wrong message to Nigerians about its commitment to conduct free and fair elections for the entire country if it abandons a free and fair process for the selection of its presidential candidate.
The Arewa Consultative Forum (ACF) and other Northern political leaders including the Convener, Concerned Northern Politicians, Academics, Professionals and Business, Dr. Junaid Muhammed and former Lagos State Commissioner of Police, Alhaji Abubakar Tsav also kicked against the proposal, saying it is against the tenets of democracy and the Electoral Act.
Speaking with National Mirror, the National Publicity Secretary of ACF, Anthony Sani, said: "The proposal by the PDP BoT chairman, Chief Anenih, that the president and governors should not be subjected to primaries is clearly against the provisions of the Electoral Act on internal democracy within political parties.
The intendment of the Electoral Act is in order to inspire full participation of party members in choosing those who become candidates of the parties. The Electoral Act does not allow candidates by consensus.
And that is why even if the candidate is only one; there must be yes or no votes by the delegates." Muhammed said the proposal, apart from having the potential of derailing the democratic process, defeats democratic tenets as the process excludes other competent aspirants on the platform of the PDP.
His words: "I'm opposed to it and any attempt to circumvent any election must be condemned and rejected. There will be a revolution or break up of Nigeria either which will be violent if there is insistence to give the President and governors automatic tickets in 2015.
The logical thing is for those who feel aggrieved to fight it." Tsav, on his part, said: "Chief Anthony Anenih and Chief E.K. Clark have kickstarted the campaign for the re-election of President Jonathan.
Yes, this may be in line with the provision of the 1999 Constitution of the Federal Republic of Nigeria, but the shoeless President Goodluck Jonathan is also clueless and lacks ideas.
In fact, he has run out of ideas." Unarguable, the fact that all organs and processes of power in the PDP are naturally skewed in favour of an incumbent to win the party's presidential primaries, the party's leadership should however be conscious of the fact that the blank cheque it is proposing for President Jonathan and the governors, will not only amount to an infringement on the rights of other members, but equally work against compliance to democratic tenets and principles of equality and fairness.
National Mirror
Peoples Democractis Party have lots of controversies going on and it doesn't really make any sense to me. They should resolve their issues.