In Prof Humphrey Nwosu’s book, Laying the Foundation for Nigeria’s Democracy: My Account of June 12, shocking details of how the best election in Nigeria was annulled, were revealed.
Although the National Commissioners by the end of May 1993 had concluded the tours of the various states within their zones and came back with favourable reports of our state of readiness for the election, I as the Chairman of the Commission, to ensure hitch-free elections, insisted that they must return to the field. Consequently, from June 7, 1993, all eight National Commissioners intensified the tours of the states in their respective zones. These tours were aimed at ensuring that all necessary preparations were in place for the election. They remained in the field from June 7, 1993, till a day or two after the election.
The above fact should be noted and appreciated because when the”bombshell” came on the night of June 10, 1993, about 9.:30 p.m., in the form of an interim injunction by an Abuja High Court restraining NEC from conducting the presidential election on June 12, 1993, I was alone at the headquarters of the Commission with the Secretary to the Commission and the Director of Legal Services to deal with obvious crisis arising therefrom. Before I discuss how I handled the crisis, let us point out another significant event that took place on June 10, 1993.
Two days to the election, Thursday, June 10, 1993, I broadcasted to the nation the conduct of the June 12, 1993, presidential election. I utilized the opportunity of having a nationwide audience to give a final briefing to voters on correct voting procedures and to summarize the various electoral malpractices. I assured the nation that adequate arrangements had been put in place to ensure the conduct of a free and fair election. Considering the importance of the broadcast.”
ABN
On the court ruling stopping the exercise, Nwosu revealed: “Before the Chairman’s broadcast which was aired during the Nigerian Television Authority’s 9.00 p.m News period was concluded, two legal officials of NEC -Director of Legal Services, Bukhari Bello and his Assistant, Tony Ojukwu, arrived in my residence at Mambilla Street, Maitama, Abuja. It was around 9:30 pm when they came in to inform me of the “bombshell”
“The sad news that Abuja High Court presided over by Justice Bassey Ikpeme had issued an interim injunction restraining NEC from conducting the presidential election on June 12 1993. This was at the instance of Suit
No.FCT/HC/M/299/93, between one Abimbola Davis for himself and representing the members of a so-called Association for Better Nigerian (ABN) and National Electoral Commission, Attorney General of the Federation, National Defense Security Council and the President of Nigeria. the order stipulates as follows.
“It is hereby ordered as follows:That the first defendant [National Electoral Commission) be restrained from conducting the Presidential election on the 12 days of June 1993.
“As the June 12, 1993, presidential election was less than 35 hours away from the period the sad news was broken to me. The crisis caused by this unnecessary and obstructive order of the Court required calling for an emergency meeting of the commission.
“However, this could not be done as all the National Commissioners were already in the states within their respective zones to ensure the conduct of a hitch-free election. The Justice Ikpeme interim order was a major HITCH that required immediate solution.
Interlocutory order
”Meanwhile, I encouraged my two legal officials who were with the order of the High Court which was given around 9p.m of June 10 1993 that I would do everything humanly possible to ensure that the election took place as scheduled. Furthermore, the Director of Legal Services reminded me of the provisions of Section 19 of Decree 13 Presidential Election (Basic Constitutional and Transitional Provision) Decree 1993 which 19 (1) provides among other things:
“No interim or interlocutory order or ruling judgement or decision made by any court or tribunal before or after the commencement of this decree in respect of any intra-party or inter-party dispute or any other matter before it shall affect the date or time of the holding of an election or the performance by the Commission of any of its Functions Under this Decree or any guidelines issued by it in pursuance of the election.”
