Governor Fashola, who spoke at the Public Presentation of a book titled “The Enforcement of Electoral Laws and Case Law of 2007 Election Petition Judgments”, written by eminent Law teacher, Professor Itse Sagay, at the Protea Hotel, Ikeja, said unless concrete steps were taken to show that such electoral fraud would no longer be tolerated, what happened in 2007 would repeat itself in 2015.
Governor Fashola, who noted with regrets that in cases where people were named as having committed electoral irregularities that amounted to fraud, no sanctions were meted out to them, declared, “We must begin to take those very simple steps to show that we will no longer tolerate this kind of impunity in our society. And it is not about protests; it is about taking those simple and firm actions”.
“And many of the people who were found by our courts to have been involved in these irregularities are still holding honorary degrees, are still holding chieftaincy titles. These are the building blocks by which society corrects impunity. We must begin to act to take back those titles because they have desecrated them; they are no longer worthy of them, even if we don’t take them to court”, Governor Fashola said.
According to the Governor, “The responsibility for action against electoral fraudsters is not for the attorneys- general alone, it is for all of us, it is everybody’s responsibility; our professors in the Ivory Towers and our spiritual leaders must be more circumspect”.
Citing an example with the Head of the Royal Bank of Scotland from whom the Queen of England withdrew a title given to him over an allegation of financial impropriety, Governor Fashola noted, “He had not yet been charged to court; even if he was charged to court, he had not been found guilty. I think we can learn one or two lessons from that kind of society. So for me these are the questions we should ask; what went wrong, what took place? Then we can use very simple blocks of societal norms to begin to right those wrongs”.
Commenting on the book, Governor Fashola said it was done to place on record what transpired during the 2007 General Elections as well as the various judgments against those accused of electoral irregularities adding, “That is why we sought Professor Osagie’s assistance to put the materials out there about what went wrong in those cases”.
“Right now, it will not be a case of witch hunting if we have a Supreme Court judgment and judgment of our Appellant Court showing that there were irregularities, irregularities that amounted in some cases to fraud, and people were named as having been involved in perpetrating those irregularities. I think we would, in a sense, have served a dish to our attorneys-general in the various states”, the Governor said.
Governor Fashola, who described the 2007 General Elections as “an unwelcome barometre of impunity in our society and in our electoral history” declared, “Now, in three years time we are going to approach this same process; is anything going to change? It hasn’t changed since our first elections and I have not heard since the first elections that anybody has been charged to court let alone convicted for any electoral fraud in more than 50 years of our electoral history”.
“There is the intellectual side which Professor Sagay has dealt with, he has done his part. But will that culture of impunity change if we do nothing? I fear it will not. That is why I am happy that at least two Attorneys-General are here with us and I know that they meet and in all of the states where these cases took place I hope that something will be done”, the Governor said.
Governor Fashola explained that It would not matter whether or not a conviction is secured in any of the cases adding “It might just be sufficient that we put people to inquiry that we will ask questions because those judgments affirmed certain Acts of INEC. It also nullified certain Acts and nullified the elections. But how have we gone on?”
“Even in cases and instances where the election of a supposedly victorious elected governor has been nullified, we carry on as if nothing is wrong. We refer to them as former governors”, the Governor said pointing out that if no actions were taken to correct such anomalies, the nation’s democracy would be in danger.
Noting that national focus has largely been on economic rather than political issues, Governor Fashola declared, “But you probably will not have one without the other. That is why some people have been sensible enough to discuss the subject of political economy because without appropriate political stability, no economy will thrive. As long as the politics is functioning, the economy will function.
“As important as the political system and its optimal process is, we do not pay much attention to it, we don’t ask questions. Elections hold once in four years. After that we carry on as if nothing went wrong but we know inside us that something went wrong. In football fans are as responsible as the umpires for the smooth running of a match. They can be punished if anything goes wrong from their side during a match. If an organization that is responsible for entertainment can take such serious actions, why should we not be serious with our electoral process?”, the Governor asked
Describing the eminent Jurists and Academics who attended the occasion as “Giants of the Law”, Governor Fashola declared, “These are the Giants on whose shoulders we stand; Giants of the Law as they are. It is by standing on their shoulders that we attempt to see very far”.
In his address at the occasion, Hon. Justice Pius Olayiwola Aderemi (rtd) described the book as “the handiwork of an excellent man” adding, “I have gone through the book which contains well researched judgments of our courts, particularly judgments of the Supreme Court of Nigeria from 2007 on election matters. I am not an academician but I make bold to submit in my humble view that the research into and arrangement of the materials in the book are indeed excellent”.
The Author, in his remarks, said the project which resulted in the writing of the book “arose out of the initiative of His Excellency, the Governor of Lagos State”, who, according to him, “wanted a detailed review and analysis of election petitions and judgments under the 2006 Electoral Act and the conduct of institutions and officials who played a role in the 2007 elections”.
Noting that Lagos has seen tremendous physical and infrastructural transformation since 1999 and particularly in the last six years, Professor Sagay declared, “What is most significant in Governor Fashola’s work is not the physical aspect that we can see and touch. It is the unseen, yet most profound aspect – vision, commitment, focus, sacrifice, service to the people, not self-service, transparency, accountability, humility in governance, integrity, honour, and respect for the governed”.