The News - Retired Colonel Gabriel Ajayi, a lawyer, who was tried, jailed (but later pardoned) for a phantom coup by the late General Sani Abacha regime, says General Ibrahim Babangida, having ruled the country as military president for eight years, is disqualified from contesting.

“During the military regime, there was constitution. The military did not operate martial law in Nigeria. If you go back to the speech of General Ironsi on 16 January, 1966, he said ‘suspension of certain parts of the constitution’. He also talked about the suspension of the provision of the constitution of the federation of Nigeria, relating to the office of the President [and] the establishment of the office of the Prime Minister. And subsequent military heads-of-state always re-echoed the suspension of the constitution and modification, not abolition of the constitution.

“So if the constitution had been abolished, there would have been no court, we would have been ruled by military courts and tribunals. It means every other institution of government has to be re-enacted by decree. But the military regime was on, all the institutions of government established by the constitution were in place.

“During IBB’s period, the presidency was there, the judiciary was there, and what would have been the legislative arm was the Armed Forces Ruling Council. So all that happened were a little suspension, a little modification here and there and those people who wore uniforms were Nigerians and not from the terrestrial race. So you cannot say the period of their governance is not reckonable in Nigerian history. It was a particular time in Nigerian history that somebody was in power and therefore there can be no technicality about somebody being military and some being civilians. If Tinubu can spend eight years and you say he is now disqualified, is it because General Babangida wore uniform? Is he no longer a Nigerian? Again, if the tenure was not recognised, why should they put it in the constitution that they are members of the Council of State? Till today they hold meetings. So it is not necessary that somebody has to be there by election.

“Dr. Nnamdi Azikiwe was not voted in as President of Nigeria. The Constitution of 1963 says that it is assumed that President Nnamdi Azikiwe has been elected as President of the Federal Republic of Nigeria. He did not go through the Electoral College which was the process put in the constitution at that time.

“So, the only condition I can say that IBB can take another eight years is for the National Assembly to pass a law to void the period of military rule and say it never existed in Nigeria. If you say he can still come into power, then what stops another General from picking the rifle and spending eight years and then coming around to say he is going for democracy? Let us be serious in this country. It is not right to bring technicalities into it.

“Right from General Ironsi to Sani Abacha, none of them in their speeches said they were abolishing the constitution.

“IBB operated like any other Nigerian, but what he did that we did not like was the annulment of the 12 June, 1993 presidential election. He was the military Head of State and the buck stopped at his table. So in the Army where you say the Commander is always right, for him to now turn round and say some people pressurised him, when it is assumed he was supposed to be right at all times, was very wrong. While he was there he did not perform better than any other leader the country has got.

“The 12 June struggle was what brought me down till today and IBB was solely responsible. Today, I am having diabetes, stomach and eye problems from the torture I received from the Abacha regime. If 12 June had not been annulled, I would not have this problem. Today, I am using my pension for medical solutions. I am completely down and naked because of 12 June, 1993. Many other people have died while some have been destroyed because of this case. That is the main albatross on his neck. I don’t believe he has the constitutional right to contest.

“If he becomes president, who would be his Abacha? Who would be his General Dogonyaro in the new system? Won’t he have those people around him again? We have to be sincere in this country.”


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