By Kennedy Mbele 

The presidential candidate of the Social Democratic Party, SDP, in the 2023 general polls, Prince Adewole Adebayo, in this interview, discusses pertinent issues affecting the polity and calls for a political culture that would encourage honest individuals to participate in politics. Excerpts:

The Supreme Court has affirmed President Bola Tinubu of the All Progressives Congress, APC, as winner of the February 25 presidential election as you predicted. How did you know that the apex court would rule in his favour?

 I am a lawyer and I knew that there were no relevant grounds in the petitions filed by the presidential candidates of the Peoples Democratic Party, PDP, Atiku Abubakar and Labour Party, LP, Peter Obi. I have handled pre-election and post-election cases up to the Supreme Court for close to 20 years. I have a unique advantage of not needing to seek legal advice from anyone as I know what the law is. Second, I am old enough in the Bar to be a judge of the Supreme Court or Chief Justice of Nigeria, so before I take a matter to court, I judge it myself and ask what I would do if such a petition were before me. I also participated in the election and got reports from all the polling units. Every report that went to the Chairman of the Independent National Electoral Commission, INEC, also came to me. Everything I predicted about the election happened as I said it would, so I was not surprised. The only people that surprised me were the voters. I didn’t expect that knowing how irresponsible the APC and PDP had been in government, voters would vote for any politician from any of the two parties.

Does this mean that Nigerians laboured in vain, especially in the area of result transmission on the Result Viewing Portal, IRev, as stated in the Electoral Act 2022?

 I don’t think so. I think the problem is that Nigerians had the wrong expectations from certain things. People want the law to do for them what they can do for themselves. There is no Electoral Act that would be passed that will let the Supreme Court justices choose a good president for Nigerians. The idea is that you should choose one by yourself. One of the easiest ways to choose them is to make sure that only good people emerge from the political practice. So, if you are labouring for an Electoral Act, you have to also support it with an electoral culture.

 Again, some of the provisions in the electoral act are just ceremonial. Take the IRev for example. On October 1, 2021, in Abuja, one year before the election, I said that IRev will not help anyone because it won’t change what happens at the polling unit. The polling unit is where you choose your leaders, the polling boot is where Nigerians will say this is the future we vote for and this is the future we want. IRev was a public relations stunt by INEC to say instead of relying on the newspaper, television and radio stations to tell you who won or lost, we will give it to you live.

 IRev will not tell you if the votes recorded for APC were purchased with money or if PDP used violence. People misunderstood IRev so when the cases started, people had an exaggerated view of what IRev was because the petitioners took IRev to be the reason why they lost the election.

 There are other provisions in the Electoral Act that were not necessary, like requiring political parties to send a register of their members to INEC within a specified period before the election. That is against the autonomy of political parties.

 Luckily, the Supreme Court said it was not relevant, otherwise Peter Obi would have been disqualified because he did not meet the required number of days as a member of the LP when he emerged the presidential candidate. Although the provisions in the Electoral Act are good, some are too intrusive. I think what we should work on going forward is a political culture that encourages honest people to come into politics, and encourages the voters to have a more sacred approach to voting. From what I experienced in this election, the whole exercise is still seen as business. There may be some honest people, but in a democracy, what the majority does dominates.

 We should be working towards 2027. The President has nominated nine incompatible persons to become Resident Electoral Commissioners, RECs, in INEC and nobody is raising objections. This is the 2027 election being done already. These people, if confirmed, have a tenure of five years, so they will conduct the next election.

You said the petitions filed by the PDP and LP contained irrelevant information. Can you explain?

 The whole thing was a non-serious petition over a serious election. If you are complaining about 86,000 polling units and you bring only three witnesses within time, and an additional 10 when your time has expired, it shows you are not serious. If you are complaining that you were cheated, who gave you the information? I was in Ondo State on election day, Atiku Abubakar was in Yola, Peter Obi was in Agulu, Anambra State, and Tinubu was in Lagos, so none of us was qualified to speak outside what we saw in our own polling unit and around our town. If you go to court to say I was cheated in Lagos, you should bring the person that told you so to court. If I had decided to file a petition, I have over 20,000 witnesses from different polling units that I would have called. I am still in contact with them. So, the petitions of Atiku and Obi were poorly proposed, poorly litigated and appropriately adjudicated. The entirety of what was before the Presidential Election Petition Court and the Supreme Court did not advance the course of democracy, the course of electioneering, or how to get them better, they were litigating irrelevant things.

How do you see the increasing role the courts play in deciding electoral victory?

 The court is not a place where you go and seek power. You seek justice from the court and seek power from the people at the polling units. Politicians in Nigeria have conceived the court as another step in their quest for power. Many countries don’t lend their judiciary to the electoral process, they limit judicial intervention to the minimum.

 In Nigeria, our constitution was written by politicians in such a way that the court has become a tool to tiptoe people to power. Between 2007 and 2021, the Supreme Court did a lot of activism that was not sustainable. They removed governors and put others not minding how the people voted.

 For example, in Rivers State, they said that Chibuike Amechi was improperly substituted by his party and, therefore, the votes scored by Celestine Omeihe, who campaigned and won the election belonged to Amaechi. In Bayelsa, they said that David Lyon, who won the election and they knew he won, cannot be governor because his running mate had issues. So, the person who had no issues forfeited being governor.

Are you saying that a case like Imo State, where the Supreme Court upheld Hope Uzodimma as winner of the Imo State 2019 election, shouldn’t be the norm?

 Not only that, there are many other cases. The court should as a matter of policy jurisprudence abhor the fact that it would not be the one making or unmaking the outcome of an election. The court should look at the process, if it can pass, let it pass, if it cannot pass, give the people a second chance to correct themselves. It has never been heard of in a democracy that five or seven people will sit in a chamber somewhere and adopt technical arguments to derail a democratic outcome. I would recommend that the judiciary is removed from election litigation. There should be a Constitutional Court that is conveyed only during the election period. 

If such constitutional courts are established, who would be the members?

 We can use retired judges and constitute them into constitutional courts. We can amend the law so that once the election result is declared, it would be sent to the constitutional court. If anyone has complaints about the election, they would approach the court for redress. The process would be easy because as a petitioner, you don’t have to prove that INEC was wrong, you only have to object to the result and INEC will have to justify the result to you.

 I will advise that the court has two chambers; chamber one to hear the complaint and Chamber two to entertain the appeal from chamber one. The court should have 90 days for the process that must conclude before inauguration.

Some people believe that the Supreme Court affirmation of Tinubu was more of technicality than legality, where do you draw the line between the two?

 First, it is not everything people say is technical that is technical, some of them are substantive law. Second, if you take your car to the workshop because it does not start, it could be an electrical problem. If there is no battery, it could be a mechanical problem. Where the kick starter is not working, it could be a chemical problem where there is no fuel in the tank. There are many reasons why the car won’t start. It is the same way when you come to court. The judge is a servant to the law, not the owner. All of us including the judges must obey the law, the judge obeys the law the most.

 So, when after the judgment of the Presidential Election Petition Court, Atiku Abubakar went to Chicago State University and brought documents, there was nothing the Supreme Court could do. Even if the judges wanted to accept those documents they couldn’t, because the law is that anything after 180 days anything concerning an election petition cannot be entertained any more.

If you go to court with a technical question, you cannot blame the court for giving you a technical answer. Atiku and Obi’s petitions were based on technical points. None of them said Tnubu did not win, they were only saying he is not qualified. They were using technical points to say that Tinubu had a problem in Chicago 30 years ago over forfeiture of money, which therefore disqualifies him. When they said Kashim Shettima did not withdraw from the senatorial contest properly, it is a technical point. They went to court to argue technicality, so the court gave them a technical answer. When the APC also wanted to disqualify Obi as a candidate because he did not meet the number of days, the court did not allow it.

 I want us to understand something, election matters are called sui generis, unique, (standing on its own). Election matters are technical proceedings. In election petitions, our laws require the tribunal to be on the side of INEC from the beginning. It is just as in a criminal case, the judge is not neutral. The judge is required by law to be on the side of the accused until the prosecutor has proved the accused guilty beyond reasonable doubt. In the case of election, the law requires judges to be on the side of INEC until the petitioner has used the balance of probability to convince him otherwise beyond reasonable doubt.

Is it fair to say that Nigerians vote for parties not candidates?

 No, people vote for the candidate. Are you saying that if LP had not brought Peter Obi, some of the people who follow Obi will vote for LP? I have my doubts. Many people who follow me would not look at SDP if not for me. If Peter Obi had been the candidate of SDP and I candidate of LP, I tell you the followership would not be the same for both parties.

 A court in London has vacated the $11 billion judgement against Nigeria in a case of breach of contract with Process and Industrial Development, P$ID, what do you say?

 It was a good development, it was a failure of governance. If you look at the contract itself, the procurement process is flawed. There was no proper vetting of the company. The company hasn’t done it anywhere as before.

 Several big men, who brought the company, just wanted to be feeding off the country. We need to get the foundation right to know that this is the problem of governance in Nigeria. It is terrible that Nigeria’s legal system is so hollow that If you have litigation in a contract, that is wholly Nigerian, we don’t insist like India does that litigation should take place in Nigeria. No doubt Nigerian courts might still give the same award but we should at least, as a matter of public policy, make some of these corrections. 

Our institutions also play a part in the crisis, including in the manner in which the contracts are terminated. We should understand that when you sign agreements in government, it should be honoured or at least, you follow the proper way to terminate it.

 What happens most of the time is that when a new government comes, the new government will start to criminalise you and some will go to court and win. I think we should work on that. Lastly, we should commend those who actually brought this to light, starting from President Muhammadu Buhari, who brought it to the attention of Vice President Yemi Osinbajo to Osinbajo himself, the Attorney General and Minister of Justice, Abubakar Malami, the EFCC and many others.

 Nigeria recently failed in its bid to get into the United Nations Human Rights Commission losing with a wide margin of votes to Ghana and some other African countries, is the country losing its status as the giant of Africa?

 I think that what happened was that Nigeria withdrew and supported Ivory Coast. That was the information I got from diplomats. It is not as if Nigeria lost. You know these things are zoned, and we are in the same zone as Ivory Coast, Nigeria must have stepped down in exchange for something else. But I think the government has to tell Nigerians why Nigeria ceded to Ivory Coast so that Nigerians will understand.

 The naira is in a free fall. What is happening?

 What happened is that I didn’t become president. Where the Naira is today is exactly where I warned it would be. Economics does not care about your politics. Any decision you make in a scenario will give the same result no matter who made the decision.

 What is happening is the consequence of President Tinubu in his neo-liberal attitude when he came in. He said he will not prioritise or ration forex, so somebody who wants to buy champagne from France, will have to be treated the same way as somebody who wants to import medical equipment to save lives. Government policy is saying that the two should go to the same market to source dollars.

 We now prefer to consume foreign goods. The naira will continue to travel in the direction of our behaviour and right now, our behaviour is driving $1 to N2,000. The National Assembly invited the governor of the Central Bank of Nigeria to explain why the naira is slidin, but they just imported SUVs. The National Assembly complex and Aso Villa where the president lives are maintained by foreign companies. These are some of the things putting pressure on forex.

 Like you said, you didn’t win the presidential election but you have a manifesto ‘Hope Again’ while Tinubu has the ‘Renewed Hope’ that is similar to yours. In what ways can you help him?

 I hope he wants the best for Nigeria. I believe him if he says so. I don’t know whether he wants the best for Nigeria after wanting the best for his friends. The duty I owe Nigeria, not Tinubu, is to do everything possible for him to succeed. I cannot force success down his throat and I cannot make him succeed against his wish. What I will do is not to distract him. I owe the country the duty to be a continuous opposition, it will be a good service to join Tinubu’s government and help him succeed, but it is a greater service to remain in opposition and help democracy in the long run. We must develop the culture of building democratic alternatives where the country must not become a one party state no matter how attractive it may be. In 2027, we will be out. My aim is to make President Tinubu the most successful president ever, but a one term president.

BUSINESS ON SUNDAY 

Fraud examiners task taxpayers on regular review of compliance status

The Association of Certi

fied Fraud Examiners (ACFE), Lagos Chapter has reiterated the need for taxpayers to regularly check their compliance level to be sure that they are not acting contrary to existing tax laws and regulations.

The association in a communique issued at the end of its 6th anti-fraud conference/investiture ceremony, advised against complacency, even when all seemed fine, noting that the complexity of tax laws may leave payers at risk of unaccounted for tax exposures.

It explained that this was necessary to avoid emergency and business distractions that may result from tax penalties, which included three years imprisonment and property seizure, amongst others.

It further encouraged them to carry out a comprehensive review of tax reconciliation so as to be able to identify opportunities to reduce tax liability or to obtain refund of overpaid tax.

It stated, “Taxpayers need to meet their tax obligations as prescribed by the tax laws and related regulations/by-laws. They can identify any slightest issues through a comprehensive review of tax compliance and treatment by taxation area and major accounts based on the understanding of management activities and industry-specific issues.

To minimise risks of uncertain tax liabilities too, the association encouraged investors to, without delay, develop appropriate solutions and quantify the effects of whatever issues identified during the review process.

On minimising fraud incidents, it advised investors to put in place fraud detection and control measures early enough in business to be able to establish a strong foundation for fraud prevention as businesses grow.

It also sought collaboration between anti-fraud agencies and regulatory bodies across sectors to enable a robust regulatory framework, and foster public confidence.

“By working together, regulatory authorities and anti-fraud agencies can effectively combat fraud, mitigate risks, and ensure the integrity and stability of Nigeria’s financial and economic landscape”, it stated.

Modern-day challenges of parenting, raising families across borders

The first challenge among 

others facing today’s children (generations z and alpha) is identity. Your identity is who you are and what a person is. Unfortunately, our children today believe their whole existence started from them and that’s why they are easily susceptible to untold attacks even when they step out of the country. 

One of the veritable tools to fight this is to share the story of our ancestors, our forbears with our children. Who were their forefathers? Who were their ancestors? What remarkable events took place in your family 50 years or 100 years back? I have shared the story of my ancestors with my children and that has tremendously helped them maintain their identity. They have been able to own their own anywhere they find themselves.

There are many reasons for doing this with outstanding benefits. Sharing one’s ancestry story with children serves as a powerful strategy for fostering emotional resilience in the contemporary world. By recounting familial history, parents provide a rich narrative that instils a sense of identity and belonging. Understanding the challenges and triumphs of their ancestors, children gain a broader perspective on adversity, realizing that resilience runs deep within their family lineage. 

This narrative thread helps children comprehend the complexities of life, acknowledging that setbacks are a natural part of the human experience. In learning about the resilience exhibited by their forebears, children internalise the idea that they, too, possess the strength to overcome challenges. This knowledge acts as a source of inspiration during difficult times, reinforcing their ability to confront and navigate life’s uncertainties. 

Moreover, sharing an ancestry story cultivates a deeper emotional connection within the family. It fosters open communication and a supportive environment where children feel comfortable expressing their emotions. Understanding that their parents and ancestors faced similar emotional struggles encourages children to communicate their feelings openly, seeking guidance and support when needed. 

The ancestral narrative also imparts a sense of cultural heritage, grounding children in their roots. This connection to cultural identity provides a source of stability in a rapidly changing world. It helps children navigate the complexities of their identity formation, offering a solid foundation from which they can confidently explore and engage with diverse perspectives. 

In a world where constant change and uncertainty prevail, the ancestral narrative acts as a constant, providing children with a secure base. It equips them with the emotional tools necessary to adapt and thrive in the face of adversity. Ultimately, sharing one’s ancestry story becomes a vital strategy in shaping emotionally resilient children who are better prepared to embrace the challenges of today’s dynamic and unpredictable world. 

In conclusion, please, note, that not everything about our ancestors is evil. There are great stories to share with our children. Some of our ancestors were warriors, native doctors, teachers, musicians, goldsmiths, farmers, and other noble professions. Sharing these stories with our children can build their confidence and help them stand against bullying and other attacks.