Opinion

The Oracle: 2023 General Elections and a Fractionalised Electoral Process (Pt. 3)

Published

2 years ago

August 12, 2022

Eric

By Mike Ozekhome

INTRODUCTION

Election is the hallmark of democracy. Any democratic regime that does not conduct election will be regarded as a dictatorship. The trust and reputation built up on the electoral process impedes on its credibility, ligitimacy and public acceptability. The higher the level of trust and reputation built around the electoral process, the higher the acceptability of the leaders that emerge. The electoral process in Nigeria is in a state of total relapse, confusion and quagmire. To what extent has the reputation of the electoral system made Nigerians trust its process and output? How can Nigeria get out of the electoral process conundrum for credible leaders to emerge in the country? Today, these and many more will be discussed in our conversation.

ASSESSMENT OF NIGERIA’S ELECTORAL PROCESS/WHERE WE GOT IT WRONG AGAIN

The extent to which there is a missing link between good governance and credible electoral process in Nigeria is amply reflected in assessment of electoral process in the country. Right from the outset, it is essential not to be under the premonition that all is lost in the nexus between the mechanism of rule of law via electoral process, and good governance through the instrumentation of political leadership in the democratic structure in the country. Far from it. The emphasis on the failures in the above nexus is predominant because of the laagered effect of the electoral process on sustainable development and inability of the process to meet the yearnings and expectations of the people for a better life, a progressive nation and transition from the doldrums of developing nation (third world) to the fortress of a developed nation (first world). By analogy of medical prognosis, the essence of highlighting the causes and symptoms of the nation’s electoral process is to capture the saying that they that are whole need no physician, but they that are sick. If the Nigerian electoral process were to ventilate or portend prospects of good governance, there would be no need to choose and belabor the theme of this article.

CHALLENGES

Challenges to Nigeria’s electoral process are innumerable. They find expression in the assertion that elections in Nigeria since independence have gained an unenviable reputation for fraudulent practices; not always free and fair. The general saying is that since the colonial period, Nigeria has organized about 19 (nineteen) national elections all of which but only one, the inconclusive June 12 elections of 1993, were congenitally marred by electoral fraud. Electoral practices in Nigeria over the period show that elections in Nigeria have shared a number of common characteristics. First, they have been particularly characterized by massive frauds, violence, the intimidation of political opponents, the brazen subversion of the ‘sovereignty of the vote’ and controversy. The political actors including some government in power have had their own designs and used the instruments of the state in penetrating electoral brigandage, thuggery, violence and warfare. Secondly, while there has been continuity in violence and warfare, there has been lack of continuity in the political organizations through which both violence and warfare have been conducted. Thirdly, pattern of lack of continuity in the political platform used by members of the political class to compete for power is not simply that the names of the platforms keep changing; it is rather an individual politician could and did change party membership as many times as they wish. Fourthly, the sudden shifts and turns in political commitments and orientations have meant that the parties have not been defined by ideological positions that set them apart from each other. A fifth common denominator of elections and electoral practices is the increasing materialization of politics. Election campaigns are not based on issues rather than on brinkmanship. There is no correlation between good election campaign effort and electoral performance.

The levels at which the challenges are discussed include the following:

THE LEGAL FRAMEWORK

This consists mainly:

The Constitution

International Human Rights instruments/laws

Criminal Code Act

Electoral Act and Guidelines

Election Tribunal and Court Practice Direction, 2011

The Evidence Act

Case law

As regards the Constitution section 1(2) provides:

“The Federal Republic of Nigeria shall not be governed, nor shall any persons or group of persons take control of the Government of Nigeria or any part thereof, except in accordance with the provisions of this Constitution”.

The subsection confers the right to vote and be voted for especially when read with sections 117(2), 117(4), 118(5) and 178(5) and 36 of the Constitution. This right is further assured by some international instruments. Article 21(3) of the Universal Declaration of Human Rights, 1948 provides:

“The will of the people shall be the basis of the authority of government; this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures”.

Article 13, African Charter on Human and Peoples Rights, provides:

“(1) Every citizen shall have the right to participate freely in the government of his country, either directly or through freely chosen representatives in accordance with the provisions ….”

Furthermore, Article 25 of the International Covenant on Civil and Political Rights (ICCPR), 1966, provides:

“Every citizen shall have the right and the opportunity, without any of the distinctions mentioned in article 2 and without unreasonable restrictions:

(a) To take part in the conduct of public affairs, directly or through freely chosen representatives;

(b) To vote and to be elected at genuine periodic elections which shall be by universal and equal suffrage and shall be held by secret ballot, guaranteeing the free expression of the will of the electors…”

These rights, in addition to importing rule of law, afford opportunity for free and fair periodic elections where the will of the people is expressed. In APGA v Ohakim, (2009) 4 NWLR (Pt 1130) 116, the Court of Appeal insisted that “the purpose of holding an election in a democratic set up is to determine the wishes of the people as to who should represent them.” The challenge is the limited nature of the expression of the people’s will in practice during elections. Cases abound of violation of the Constitution and these international instruments.

The Electoral Act 2022 is the extant legislation to regulate the conduct of Federal, State and Area Councils in the Federal Capital Territory elections. Its provisions include establishment and functions of Independent National Electoral Commission, and its staff; National Register of Voters and Voters’ Registration, procedure at Election; procedure for Election to Area Council; Electoral offences; Miscellaneous provisions. The States have their respective legislation on local governments often embedded in the respective Local Government Laws. The challenges in respect of the laws are centered on non-compliance and enforcement. There is controversy over the omission of electronic transmission of results in the Electoral Act of 2022. Interpretation of section 84(12) of the same Act on the ineligibility of political appointee as a voting delegate or aspirant have become a subject of litigation.

2. ROLE OF SECURITY AGENCIES IN ELECTION MANAGEMENT

Security is an indispensable part of electoral process and the principal security agency charged with maintaining internal peace and security is the Nigeria Police Force. Section 4 of the Police Act, 2020 provides for the duties of the Nigeria Police Force. In carrying out its responsibility in guaranteeing election security, the Nigeria Police Force has designed a number of programs. For example, the Force launched “Standard Organizational Guideline of Rules for Police Officers on Election Duty” prior to the 2015 General Elections under which the police are required to perform a general role before, during and after elections.

By the Constitutional and relevant enabling legislations, the military and quasi or para-military security agencies have no direct role to play in elections, except to aid civil authorities to restore law and order. In Nigeria, the military and para-military agencies are involved in election monitoring and discharging general security obligations.

By international standards security agents are supposed to be neutral and impartial in providing election security. They should not be engaged in politics or prefer any party or candidate, but in practice in Nigeria some security personnel flout these rules, allow politicians to harass, intimidate and use them.

There is the question of the role of INEC in providing security. INEC is not a security agency, but it can and does provide support to security agencies. It collaborates with security agencies. It has established the Inter-Agency Consultative Committee on Election Security (ICCES) jointly chaired by the National Security Adviser (NSA) and the Chairman of INEC.

Complimentary to the role of security agencies in election security is the role of Non-State Actors especially the civil society through CSOs, trade unions, professional bodies, faith-based organizations, traditional rulers, the media, etc. They assist in providing information on security challenges to security forces. In this era of social media, dissemination of false information and fake news is not ruled out.

3. ELECTION MANAGEMENT INSTITUTIONS

The Independent National Electoral Commission (INEC) and State Independent Electoral Commission (SIEC) are the regulatory bodies charged with the management of elections at federal and state levels respectively. Section 153(f) of the Constitution establishes the INEC, while its composition, powers and functions are provided under Part 1 of Third Schedule of the Constitution. Section 15(a) of that Schedule provides:

“The Commission shall have power to –

(a) organize, undertake and supervise all elections to the offices of the President and Vice-President, the 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;

(b) register political parties in accordance with the provisions of this Constitution and an Act of the National Assembly;

(c) monitor the organization and operation of the political parties, including their finances;

(d) arrange for the annual examination and auditing of the funds and accounts of political parties, and publish a

report on such examination and audit for public information;

(e) arrange and conduct the registration of persons qualified to vote and prepare, maintain and revise the register of voters for the purpose of any election under this Constitution;

(f) monitor political campaigns and provide rules and regulations which shall govern the political parties;

(g) ensure that all Electoral Commissioners, Electoral and Returning Officers take and subscribe the Oath of Office prescribed by law;

(h) delegate any of its powers to any Resident Electoral Commissioner; and

(i) carry out such other functions as may be conferred upon it by an Act of the National Assembly”.

Some challenges that are often ventilated concerning the electoral bodies include their degree of independence; integrity of the members/resident electoral commissioners; ability, willingness and readiness to conduct a free and fair and credible election as and when due; minimize electoral fraud and irregularities; ensure voter education, enlightenment and political sensitization; greater community involvement; disenfranchisement of voters. The outcomes of State Local Government elections give one the impression that if only candidates from a ruling party in the State win all the elections, then the SIEC is far from conducting credible elections. There is the all-important challenge of funding in terms of adequacy and timely release of funds. (To be continued).

FUNTIMES

“Dear Geography teacher, thanks for deceiving me. If the earth is rotating, what am I still in Nigeria? mtcheeeew” – Anonymous.

THOUGHT FOR THE WEEK

“Nothing is more unreliable than the populace, nothing more obscure than human intentions, nothing more deceptive than the whole electoral system.” (Marcus Tullius Cicero)

Opinion

Rivers Crisis: A Note of Caution by Dr. Goodluck Jonathan

Published

6 days ago

October 5, 2024

Eric

I am aware that the local government election taking place in Rivers State today, October 5, has been a subject of great interest to political actors.

The political happenings in Rivers State in the past days is a cause for serious concern for everyone, especially lovers of democracy and all actors within the peace and security sector of our nation.

Elections are the cornerstone of democracy because they are the primary source of legitimacy. This process renews the faith of citizens in their country as it affords them the opportunity to have a say on who governs them.

Every election is significant, whether at national or sub-national levels as it counts as a gain and honour to democracy.

It is the responsibility of all stakeholders, especially state institutions, to work towards the promotion of sound democratic culture of which periodic election stands as a noble virtue.

Democracy is our collective asset, its growth and progress is dependent on governments commitment to uphold the rule of law and pursue the interest of peace and justice at all times.

Institutions of the state, especially security agencies must refrain from actions that could lead to breakdown of law and order.

Rivers State represents the gateway to the Niger Delta and threat to peace in the state could have huge security implications in the region.

Let me sound a note of caution to all political actors in this crisis to be circumspect and patriotic in the pursuit of their political ambition and relevance.

I am calling on the National Judicial Commission (NJC) to take action that will curb the proliferation of court orders and judgements, especially those of concurrent jurisdiction giving conflicting orders. This, if not checked, will ridicule the institution of the judiciary and derail our democracy.

The political situation in Rivers State, mirrors our past, the crisis of the Old Western Region. I, therefore, warn that Rivers should not be used as crystal that will form the block that will collapse our democracy.

State institutions especially the police and the judiciary and all other stakeholders must always work for public interest and promote common good such as peace, justice and equality.

– GEJ

Opinion

The End of a Political Party

Published

4 weeks ago

September 16, 2024

Eric

By Obianuju Kanu-Ogoko

It is deeply alarming and shameful to witness an elected official of an opposition party openly calling for the continuation of President Tinubu’s administration. This blatant betrayal goes against the very essence of democratic opposition and makes a mockery of the values the PDP is supposed to stand for.

Even more concerning is the deafening silence from North Central leadership. This silence comes at a price—For the funneled $3 million to buy off the courts for one of their Leaders’, the NC has compromised integrity, ensuring that any potential challenge is conveniently quashed. Such actions reveal a deeply compromised leadership, one that no longer stands for the people but for personal gain.

When a member of a political party publicly supports the ruling party, it raises the critical question: Who is truly standing for the PDP? When a Minister publicly insulted PDP and said that he is standing with the President, and you did nothing; why won’t others blatantly insult the party? Only under the Watch of this NWC has PDP been so ridiculed to the gutters. Where is the opposition we so desperately need in this time of political crisis? It is a betrayal of trust, of principles and of the party’s very foundation.

The leadership of this party has failed woefully. You have turned the PDP into a laughing stock, a hollow shell of what it once was. No political party with any credibility or integrity will even consider aligning or merging with the PDP at this rate. The decay runs deep and the shame is monumental.

WHAT A DISGRACE!

Opinion

Day Dele Momodu Made Me Live Above My Means

Published

1 month ago

September 1, 2024

Eric

By Uzor Maxim Uzoatu

These are dangerous days of gross shamelessness in totalitarian Nigeria.
Pathetic flaunting of clannish power is all the rage, and a good number of supposedly modern-day Nigerians have thrown their brains into the primordial ring.

One pathetic character came to me the other day stressing that the only way I can prove to him that I am not an ethnic bigot is to write an article attacking Dele Momodu!

I could not make any head or tail of the bloke’s proposition because I did not understand how ethnic bigotry can come up in an issue concerning Dele Momodu and my poor self.

The dotty guy made the further elaboration that I stand accused of turning into a “philosopher of the right” instead of supporting the government of the day which belongs to the left!

A toast to Karl Marx in presidential jet and presidential yacht!

I nearly expired with laughter as I remembered how one fat kept man who spells his surname as “San” (for Senior Advocate of Nigeria – SAN) wrote a wretched piece on me as an ethnic bigot and compelled one boozy rascal that dubiously studied law in my time at Great Ife to put it on my Facebook wall!

The excited tribesmen of Nigerian democracy and their giddy slaves have been greased to use attack as the first aspect of defence by calling all dissenting voices “ethnic bigots” as balm on their rotted consciences.

The bloke urging me to attack Dele Momodu was saddened when he learnt that I regarded the Ovation publisher as “my brother”!

Even amid the strange doings in Nigeria of the moment I can still count on some famous brothers who have not denied me such as Senator Babafemi Ojudu who privileged me to read his soon-to-be-published memoir as a fellow Guerrilla Journalist, and the lionized actor Richard Mofe-Damijo (RMD) who while on a recent film project in faraway Canada made my professor cousin over there to know that “Uzor is my brother!”

It is now incumbent on me to tell the world of the day that Dele Momodu made me live above my means.

All the court jesters, toadies, fawners, bootlickers and ill-assorted jobbers and hirelings put together can never be renewed with enough palliatives to countermand my respect for Dele Momodu who once told our friend in London who was boasting that he was chased out of Nigeria by General Babangida because of his activism: “Babangida did not chase you out of Nigeria. You found love with an oyinbo woman and followed her to London. Leave Babangida out of the matter!”

Dele Momodu takes his writing seriously, and does let me have a look at his manuscripts – even the one written on his presidential campaign by his campaign manager.

Unlike most Nigerians who are given to half measures, Dele Momodu writes so well and insists on having different fresh eyes to look at his works.

It was a sunny day in Lagos that I got a call from the Ovation publisher that I should stand by to do some work on a biography he was about to publish.

He warned me that I have only one day to do the work, and I replied him that I was raring to go because I love impossible challenges.

The manuscript of the biography hit my email in fast seconds, and before I could say Bob Dee a fat alert burst my spare bank account!

Being a ragged-trousered philanthropist, a la the title of Robert Tressel’s proletarian novel, I protested to Dele that it’s only beer money I needed but, kind and ever rendering soul that he is, he would not hear of it.

I went to Lagos Country Club, Ikeja and sacked my young brother, Vitus Akudinobi, from his office in the club so that I can concentrate fully on the work.

Many phone calls came my way, and I told my friends to go to my divine watering-hole to wait for me there and eat and drink all that they wanted because “money is not my problem!”

More calls came from my guys and their groupies asking for all makes of booze, isiewu, nkwobi and the assorted lots, and I asked them to continue to have a ball in my absence, that I would join them later to pick up the bill!

The many friends of the poor poet were astonished at the new-fangled wealth and confidence of the new member of the idle rich class!

It was a beautiful read that Dele Momodu had on offer, and by late evening I had read the entire book, and done some minor editing here and there.

It was then up to me to conclude the task by doing routine editing – or adding “style” as Tom Sawyer would tell his buddy Huckleberry Finn in the eponymous adventure books of Mark Twain.

I chose the style option, and I was indeed in my elements, enjoying all aspects of the book until it was getting to ten in the night, and my partying friends were frantically calling for my appearance.

I was totally satisfied with my effort such that I felt proud pressing the “Send” button on my laptop for onward transmission to Dele Momodu’s email.

I then rushed to the restaurant where my friends were waiting for me, and I had hardly settled down when one of Dele’s assistants called to say that there were some issues with the script I sent!

I had to perforce reopen up my computer in the bar, and I could not immediately fathom which of the saved copies happened to be the real deal.

One then remembered that there were tell-tale signs when the computer kept warning that I was putting too much on the clipboard or whatever.

It’s such a downer that after feeling so high that one had done the best possible work only to be left with the words of James Hadley Chase in The Sucker Punch: “It’s only when a guy gets full of confidence that he’s wide open for the sucker punch.”
Lesson learnt: keep it simple – even if you have been made to live above your means by Dele Momodu!

To end, how can a wannabe state agent and government apologist, a hired askari, hope to get me to write an article against a brother who has done me no harm whatsoever? Mba!

I admire Dele Momodu immensely for his courage of conviction to tell truth to power.