Certainly there are extents to which humans can subjugate and suppress others in life, when I first heard of the word ‘Force majeure’ in a contract law class, I expressly considered it only within the scope of contracts just like every other person, nevertheless, I postulate, in another sense, that there ought to be and there are implied wider interpretations and effects of ‘Force majeure’ in our daily living, as an inalienable, superior force that cannot be resisted at the material time or commonsensically it is an act of God. ‘Force majeure’ indeed imposes limitations to the powers of Homo sapiens.
I most colossally appreciate the judiciary, who,through their inherent powers under section 6(6), Section 246(1) b , c (i) and (ii) and sub-sections (2&3) also Section 285 of the 1999 constitution of the Federal Republic of Nigeria (As Amended), respectively,and through the powers conferred upon it under Part VIII ,Sections (133-145) of the 2010 Electoral Act (As Amended),in their wisdom rekindled hope in the life of the people of Abia North and pursuant to Equity, Natural justice and Good conscience. Indeed, Ubi jus, Ibi remedium. I also most sincerely thank some officers of the Independent National Electoral Commission (INEC) who harkened to their consciences and maintained the line of impeccability and not forgetting also some personnel of the Police. Whenever evil befall a people, a time of end certainly comes, like the biblical Israelites overcame and if the illegitimate and tyrannical reign of Idi Amin of Uganda, the authoritarian and dictatorial Nazism of Adolf Hitler in Germany and the Fascism of Benito Musolini in Italy all “Came to pass”, why not the suppressions and oppressions of Abia North and entire Abia State by the PDP fraternity and cabal orchestrated by their Lord, who was then at the seat of Power in Umuahia? It also came and now is passing away.‘Force majeure’!
The Independent National Electoral Commission was established under section 153 (f)with functions and powers of the commission unambiguously provided for, under Section 15, Part 1 of the Third Schedule of the 1999 constitution of the Federal Republic of Nigeria (As Amended) and section 2 of the Electoral Act 2010 (As Amended) which vested inter-alia the sole responsibility to organize, undertake and supervise all elections to the offices of the President, vice-president , governor and deputy governor of a state, and to the membership of the senate, the house of representatives and the house of assembly of each state of the Federation, upon INEC. Whereas, I am equally well acquainted with the provisions of section 214 of the 1999 constitution of the Federal Republic of Nigeria (As Amended) which established the Nigerian Police Force and with all the provisions of the Police Act which I shall not list one after another because of space, I did not see any enabling codification for any officer of INEC or Police to aid any candidate or political party to win an election; it means that such an act is unlawful and punishable.
I immensely thank those Police and INEC officers who restricted themselves within jurisdictions without acting ultra-vires during the last election in Abia North, I hope they shall courageously maintain a consistent character and I enjoin all other officers to emulate these sincere ones. At present both the INEC and the Police are doing credibly and intellectually well so if I were an officer of any, I would not be the one to consent to behaving in a manner that will bring disrepute to the agency just because a former and or a present governor, have contracted me to do so, against my conscience, especially now that the level of political cognizance has gone very high with the electorates knowing their right from the left. Now that the people of Abia North are ready, willing and able to fight injustice, intimidations and electoral malpractice of any kind, it means they shall report to relevant authorities upon any behavior which is outside the strict compliance with the electoral laws, it also means I shall be definitely caught, restrained, prosecuted and dealt with, within the purview of the law, if I involve myself in any illegality as a Police or INEC officer.
Then, if I were a former governor, I would prefer to concentrate on the current public duties imposed on me constitutionally either as a law maker or in other capacities, I would not assume a jus quaesitum tertio of undue involvement in the Abia North senatorial re-run, especially when am not even from Abia North since the people have vowed to resist, expose, demystify and unmask me as this will further batter my image.
Lastly, if I were a present governor, I would use my office to aid a free and fair election in the Abia North re-run, I would stay very clear from tampering with the will of the people for it is the will of God, knowing fully well that hurting the common conscience of the people shall definitely have a boomerang effect on me especially now that I am crying loud, expecting something miraculous to revert to status quo ante, not to lose my seat as governor, so that I do not incur the wroth of the people and God.
In a consensus ad idem the people of Abia North have made their choice which they did before but the anti-people cabal truncated it, we know all the unprintable atrocities committed by the PDP during the last senatorial election, especially at the point of collation and we immeasurably thank the judiciary who in their wisdom restored our hopes. For the information of all concerned, this time, the people have vowed never to settle for business as usual, they have vowed to fight back when intimidated and their votes manipulated not minding who is involved as no singular cabal can override the people, moreover, the rule of law is supreme. Indeed the dictatorial days of PDP in Abia North, and the entire Abia State are gone. ‘Force majeure’!
Truly, if I were a former or present Abia governor of PDP extraction, Police or INEC officer I would respect my office and would never by any act or omission contravene any intrinsic part of legal positivism and lex aeterna.
It is a res ipsa loquitur, without equivocations that Dr. Orji Uzor Kalu is the choice of Abia North for Senate, this is sacrosanct and any attempt to forcefully truncate same shall be counterproductive. Vox Popli, Vox Dei.
. Agbaeze, who writes from Abuja, can be reached on comradeagbaeze@yahoo.com.
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