‘Working surreptitiously against inauguration of democratically elected government is criminal’

A security expert, Bulama Bukarti, warns of the dire consequences of toiling with the idea of interim government particularly when we have a President-elect in waiting. In this interview on Channels TV Politics Today, monitored by David Lawani, the scholar of Violent Extremism at the Tony Blair Foundation, cautioned proponents of the illegal contraption not to drag the country into the mud.

Does this call for an interim government raise any worry in the land?

This is a very serious matter. What the DSS is saying is, essentially, that some people are planning to wage war against Nigeria. This move is undemocratic, illegal, and unconstitutional. Section 1 of our constitution is very clear that Nigeria cannot be ruled, or any part is ruled, other than through constitutional means. The only means recognized by the constitution is for people to win elections and be inaugurated as it is stipulated by law. It is unconstitutional and criminal for anybody to call for another kind of government; because what these individuals are planning is potential treason under our criminal law, and it is punishable by death. It carries the death penalty. It shows that it is one of the most heinous crimes in Nigeria. Of course, the fact that this statement is coming from the DSS gives me hope and concern. The fact that the statement is coming from the DSS means that this is a very serious matter. It is serious because we know the DSS has never been reckless and they are always professional. They are serious about what they are doing. Now that they are coming with this statement, it shows that they have hard evidence that some individuals are planning to do something untoward which will, unfortunately, throw our country into chaos. Now, the positive side of the statement, since it came from the DSS, shows that the DSS, as a security agency, is on top of the matter. You know that the DSS is always very good at gathering information and sharing it with the authorities. Therefore, we have to call on security agencies and law enforcement agents to take this intelligence very seriously and take all steps within the bounds of the law before this illegal and unconstitutional anti-Nigeria attempt.
As a lawyer, can anyone get any injunction from any court in Nigeria to stop the inauguration of the new government?

The DSS is talking about two methods. One is violent mass protests. Let us be clear. A protest which is peaceful, sensible, and orderly constitutional, every Nigerian has the right to it, even on the inauguration day, but it has to be peaceful. It has to be sensible and orderly. However, where it becomes violent, then it becomes completely illegal. Where the violence is intended to disrupt the inauguration, then it becomes treason; which carries the death penalty. Now, regarding the court, the law is very clear. The electoral act is very clear such that no court can give an injunction after the inauguration. But, unfortunately, we have seen courts and judges in Nigeria using their power indiscriminately to issue ex parte orders. One example recently was the order that was granted to the two main opposition parties, the PDP and the LP to inspect INEC materials. That is ordinarily legal. But because the court gives the order ex parte, it has only a party -for those who may not be lawyers – without hearing from INEC and other stakeholders. It ended up stopping INEC from clearing the BVAS so that the governorship election could take place. What happened at the end of it? INEC had to go and apply before the court, then explained why the injunction it gave was going to stop the elections. It was only then that the court vacated the order and allowed INEC to clear the BVAS, and then reconfigure it for the state elections. Even at that, the INEC had to postpone the election for one week. That was the danger of ex parte orders. Another example is the June 12, 1993 election. Ex-parte orders contributed tremendously to aborting the June 12 election because there were two conflicting court orders. One, the court gave the order to stop the 1993 election. Another court gave the order that counting should continue. In the end, the election was annulled by the military administration. That is another case of ex parte injunction. It plays a role in reversing democracy in our country. Therefore, what I will urge judicial officers to do in our country is to exercise powers in issuing ex parte orders judiciously and sensibly. Let them have the interest of our country in mind as they issue ex parte orders. Anything that will stop the inauguration or disrupt and destroy our democracy must be resisted.

Considering the already tense situation, how will you weigh the options together?

With the release of this statement by the DSS, I completely agree that it is going to cause tension in the country. It is going to send shock waves throughout the country. It will be shocking, to use the statement, that Nigerians are willing to use unconstitutional means to disrupt our democracy, and that will be completely unacceptable. The only two possible options for the DSS to release this statement are, one, for those who know that the DSS is putting an eye on them. You know when people are planning an illegal activity, they will think nobody knows what they are doing. But the DSS coming forward with this statement will send them a warning signal that look, we are being watched and will be dealt with seriously if we continue with the plan. Two, I think the DSS wants to alert Nigerians because all of us as Nigerians have a duty and responsibility to protect our democracy and to ensure that there is a peaceful transfer of power, come 29th May 2023. So, the DSS is warning Nigerians that this is about to take place. Be vigilant and report anything that you may see that is untoward, so that we may take action. So, my call to Nigerians is to be vigilant. But not to be weary or panic, or take any step that will exacerbate the situation further. If you see anything that you are not clear about, report it to the relevant authorities so that they may take action.

What is the best way of handling this situation technically because it poses danger, isn’t it?

Yes, it does pose a danger to the nation. I have five thoughts or recommendations for how to move forward. One, for aggrieved parties, it is legitimate and perfect to question the legitimacy of an election after an exercise, like the one we have witnessed. But there are procedures and things to do if you have any grievances, which is to approach the courts. It is the courts that the law established to hear cases, listen to grievances, and give judgments. These political parties have approached the courts, and I will urge them to continue their legal proceedings to their successful conclusion. They must shun anything that will disrupt the peace and order in Nigeria, and that is the first thing. Two, the Nigerian youth must wise up. We should not allow any politician to use us for any illegal or unconstitutional process, or violent actions. We should understand that this is a criminal offence. Treason is a criminal offence. If anyone tries to disrupt the inauguration through violent protest, or ex parte injunctions, they are declaring a war on the country. That is one of the most heinous crimes in the country. Three, our security agencies must continue to do their work professionally and within the bounds of the law. They must ensure they keep law and order in our country, and they must ensure that no one is allowed to disrupt peace in our country for their selfish interests. Four, on whether aggrieved people can call for an interim government, like I said, an interim government, or whatever they call it, is illegal and unconstitutional. It has no basis in law, and nobody in Nigeria has the power to institute that kind of government. Therefore, we should stop that illegal kind of move, if they call for it. Finally, I call on Nigeria’s International partners, especially Nigeria’s Western partners, to take this threat seriously, and to make it clear that they will not accept any government that comes to power through unconstitutional means. That they will sanction any individual involved in the kind of things the DSS is warning us about. Of course, President Muhammadu Buhari and the Federal Government, have promised to ensure a peaceful transfer of power. They must clamp down on power to disrupt that, and they must fulfil their promise of handing over power peacefully. Of course, aggrieved political parties should go to court. They should ventilate grievances legitimately, and it is perfect to do so.