By Clifford Ndujihe

LAGOS—FORMER External Affairs Minister, Prof. Bolaji Akinyemi, has urged Federal lawmakers and members of the 36 state Houses of Assembly to enact a law making October 1 as the hand over date.

He wants the handover date shifted to October 1 to enable re-run polls, if any, to be conducted and for election petitions to be trashed out before the next president is sworn-in.

In the four months between May 29 and October 1, 2011, he suggested that the Chief Justice of the Federation and the Chief Judge in each state should administer the country and the states respectively.

In a letter to Senate President David Mark, House of Representatives Speaker Dimeji Bankole and Speakers of all state Houses of Assembly, Akinyemi urged the legislators to include the handover extension date in their ongoing constitution amendment exercise.

Noting, lamentably, that petitions arising from the 2007 polls were still on, seven months to the end of the tenure of the current administration, Akinyemi feared that a worse scenario could play out after the 2011 election without the extension of the handover date.

He told the lawmakers: “As you once again have to deal with legislation dealing with the coming 2011 elections, this may be the right time to draw your attention to an issue which may cause chaos for governance if not addressed now.

Purpose of legislation

The purpose of legislation is to create order out of chaos and not to create chaos out of order. Pending before you is legislation to amend both the Constitution and the 2010 Electoral Act to enable the 2011 elections to be held in April 2011. Your Excellencies, you would recall that the reason why the Electoral Act provided for elections to be held in January 2011 was to allow (1) for reruns and (2) for all election cases to be disposed off by the Judiciary before the handover date.

“Your Excellencies, these reasons are still very germane. It is a matter of national disgrace and embarrassment not just for the Judiciary but for the whole nation that there are still cases arising from the 2007 elections which are still pending before the Judiciary on the eve of the new national elections.

Your Excellencies would also recall that very grave allegations of corruption have been levelled against the judiciary arising out of the way they have handled election cases.

These allegations can be traced to the belief that it is because of the access and use of government funds that have facilitated the bribery scandal. These allegations have been made publicly by men of high integrity in the land and they should not be dismissed off hand.

“Your Excellencies, if you were to approve April as the month for the new elections without shifting the handover date, the following are the possibilities that may result.

Firstly, in situations where run-offs are needed, in fact May 29 may arrive without any declared winner. Remember that for the first time in the history of Nigeria, we have an electoral situation where there is no anointed candidate for President.”

In all previous elections, the political and security establishment had usually anointed a candidate who had usually gone on to win the election. This time around, there is no such thing, which means we are in uncharted territory which may lead to chaos next year.

Secondly, one can say with certainty that no election dispute would have been resolved before May 29 which means governance would operate under a cloud of immorality, illegitimacy and unacceptability.

“It is against this background that I recommend that you seize the bull by the horns and move the handover date to October 1 2011. October 1 used to be the legitimate handover date and as Independence Date, it carries a lot of sacred symbolism and legitimacy for all Nigerians.

May 29 was an unfortunate Act of rascality by the military which is of no symbolism to Nigerians. This new handover date will address all the mischief identified above.”