A fortnight ago, the Supreme Court gave Hon Herman Hembe, erstwhile chairman, House of Representatives Committee on the Federal Capital Territory (FCT), “a left hand of fellowship.”
The apex court in a unanimous judgment sacked the lawmaker from the House because he was not the validly nominated All Progressives Congress (APC) candidate for Vandikwa/ Konshisha federal Constituency in the last general election.
According to the court, Dorothy Mato was the winner of the APC primaries and as such was the rightful candidate of the party for the 2015 National Assembly election in the federal constituency.
Consequently, the apex court vitiated the Certificate of Return issued to the sacked lawmaker and ordered the Independent National Electoral Commission (INEC) to immediately issue Mato a Certificate of Return. It also ordered Hembe to refund within 90 days, all the salaries and benefits he collected as a lawmaker in the past two years.
That judgment brought Hembe’s 10 years legislative sojourn in the House to an abrupt end; 10 years characterised by scandals and controversies.
In his hey days in the federal legislature, the sacked lawmaker was blatantly brash and given to so much braggadocio. From the manner he conducted his committee proceedings to his relationship with many persons, who had anything with the Green Chamber; one would think the whole world belonged to him. Hembe carried on as the lord of the House. Yes, as a result of his closeness to the past and present House leaderships, the former Benue legislator was actually one of the power brokers in the House.
While this happened, he seemingly forgot the admonition of Chinua Achebe in his Magnus Opus, “Things Fall Apart” that “those whose kernel was cracked by benevolent spirits, must be humble.”
But the issue is actually not about Hembe. It is about the dearth of internal democracy in our political parties. It is about a flawed electoral system that allows a man to occupy an office he was not validly nominated for two whole years.
Before now, several lawmakers in the National Assembly and other elected public officers had been sacked by the courts because they were not the rightful candidates for their party. As of today, there are still many Hembes in the hallowed chambers and elsewhere across the country, enjoying mandates that do not belong to them.
We are talking about the removal because his opponent was courageous enough and invariably with the wherewithal to pursue her case up to the Supreme Court. There are many others whose mandates were robbed but they lacked the muscle to embark on the gruelling task of recovering them.
One must thank the Supreme Court for rising to the occasion. Unfortunately, while Hembe and others sacked by the courts were ordered to refund the salaries and allowances they collected in the past two years, no mention was made of the party leaders who perpetuated the heist. Aspirants do not manipulate primaries, all by themselves. They are often aided by unscrupulous party leaders at the various levels. No aspirant on his or her own can force his or her name on the ballot paper.
Anyone who has followed the nomination politics in political parties will agree that a lot of evils are perpetuated by party leaders, who trade on party tickets without qualms.
Therefore, it is not enough to sack the usurpers; their accomplices in the party must also be punished for taking the people for a ride. If the mercantile party leaders are allowed to go scot free, the circle would no doubt continue. They must be made to pay for their inglorious actions.
When party leaders are allowed to foist candidates on political parties; the likelihood is that the candidates if eventually elected, feel indebted to their supposed leaders and not the people. The end result is that views and feelings of the electorate are never respected in anything the elected public officer does.
What is needed at the moment is a complete overhaul of the electoral system. As part of the on-going amendment of the 2010 Electoral Act, the House must come up with measures that will guarantee internal democracy in political parties.
Democracy is about the choice of the people. And it begins from party primaries. A democracy where the wish of the majority is not respected at the party is no democracy at all.
The legislature must at this critical moment of our national history, pass enabling laws to establish the Electoral Offences Commission to treat cases of political corruption, the same way the Economic and Financial Crimes Commission (EFCC) is battling financial fraud.
Wrongful substitution of a candidate is political corruption; and a barefaced sin against the people and the individual supplanted. So, it must not be allowed to go unpunished because it is as grievous; as economic crime and other forms of corruption, if not more. Asking the culprits to only vacate their seats, without other punitive measures, amounts to a mere slap on the wrist.
Point of Order ...
Soon former and current political office holders in Nigeria, who looted the public treasury may be asked to go and sin no more. Other Nigerians with questionable wealth would equally enjoy the same privilege if they fulfil the conditions.
This is courtesy of a bill before the House of Representatives seeking to provide legal framework for amnesty to those who plundered the commonwealth and others with ill-gotten wealth, who are willing to voluntarily declare the funds and invest same in the economy. The bill was read for the first time shortly before the House went for Sallah break.
The proposed legislation entitled “A Bill for an Act to Establish a Scheme to harness untaxed money for investment purposes and to assure any declarant regarding inquiries and proceedings under Nigerian laws and for other related matters connected therewith” is sponsored by the member representing Ohaozara/Onicha/Ivo Federal Constituency, Hon Linus Okorie.
According to the proposed legislation, from the date of the commencement of the amnesty scheme, Nigerians with ill gotten wealth, including looted funds stashed abroad, are expected to voluntary declare them before the Central Bank of Nigeria( CBN).
After the declaration, 30 per cent of the declared sum will be paid as tax into the federation account for distribution to all the tiers of government in the country while a 25 per cent surcharge on the tax shall be deplored towards agricultural and infrastructural developments in the country. Thereafter, the declarant shall compulsorily invest the fund in any sector of his or her choice in the nation’s economy.
When all the conditions have been satisfied, the declarants shall be granted a comprehensive amnesty from all otherwise repercusions under the Nigerian law, while the declarations shall also be inadmissible in evidence except in matters relating to national security. Under the proposed law, the economic amnesty scheme, would run for three years, from the date of commencement. Okorie says the bill is intended as a practical step in the fight against corruption in the country.
According to him, the Economic Amnesty Scheme would benefit the country immensely, as the quantum of resources envisaged to be declared and invested in the Nigeria economy will bring about massive economic growth within a short time.
However, as enticing as the Ebonyi lawmaker may want to make the bill sound, I don’t consider it a worthwhile legislation. That bill if eventually passed will create more problens than it intends to solve. One of the drawbacks of the bill is that the declarants would not be required to declare the source of the wealth they are declaring.
If the bill is passed, it would perhaps be the most obnoxious bill in the life of the current session of the House of Representatives.
Such a law will embolden others to continue in the pursuit of illicit wealth,hoping that one day they too will get amnesty.