bloodshed, destruction, and undermined the capacity for stable
governance, political inclusion, and national integration shows that
electoral reform is an indispensable factor in Nigeria election calculus
today.
Senator Ovie Omo-Agege and Abubakar Kyari while explaining the 26
clauses in the 2019 Electoral Amendment bill at the floor of the Senate
on 20th November, 2019, stated that the amendment of the Act is to
strengthen and protect Nigeria’s democracy, as well as “cure
specific mischief plaguing elections and electoral processes in
Nigeria, and as such, remains a priority in the ninth National
Assembly’s legislative agenda.
Similarly, the Independence National Electoral Commission (INEC)
Chairman, Prof. Mahmood Yakubu, on 10th December, 2019 said the
commission would work assiduously with critical stakeholders in the
electoral process in providing clarity, removing ambiguities, plugging
existing lacuna in laws and constitutionally implementing those aspects
of the law that guaranteed the credibility of elections. By
interpretation, this lacuna seems to be responsible for the crisis that
characterized the recent elections in Kogi and Bayelsa States.
In Kogi State Election for instance, there were report of high level of
ballot snatching, sporadic gunshots and other malpractices that took not
less than six (6) persons lives during the election despite the huge
numbers (25,000 police men) of security personnel deployed to the state.
The hight of this horrendous display was the incension of the Women
Leader of Peoples Democratic Party Campaign Organisation in the
election, Mrs Salome Abuh, in her house on 18th November, 2019.
Equally in Bayelsa state, both the electoral materials and INEC
officials were hijacked by armed men. In some areas, electoral materials
were not delivered to the polling unit till the end of the election.
Probably, this made the Convener of Nigeria Civil Society Situation Room
(NCSSR), Clement Nwankwo, on 17th November, 2019 to described the
elections as “a major dent to Nigeria’s democratic process.
In 2018, a similar analogy was used by the European Union observers for
the Osun State Election. Some even described it as a slap on democracy
and called for reform in order to prevent such occurrence in future
election. Not knowing that 2019 will manifest the next level of such
display.
As a matter of fact, the way and manner at which elections were
conducted from 2015 till date, shows that the process has really
retrogressed and therefore needs a progressive reform in order to
salvage the nation’s democracy from collapse.
2015 General election was so unique in Nigeria’s history to the extent
that it created a level playing ground where the incumbent government
lost to the opposition party at the center. Ordinarily, one would have
expected the beneficiaries of this election to improve on this
precedent, but based on the broad day light election robbery this days,
the story seems to be opposite.
Before 2015 election, all the election results have always being in
favour of the ruling party including the 2007 general election which the
winner publicly agreed that the election was not credile enough and
promised to expedite a reform. The same was the story in 2003 and 1999,
to show the level of malpractices in the Nation’s elections and
processes.
The same was the narrative in the first and second republics. And that
is the reason the losers always visit Election Tribunal after the
election to participate in what most of the time seems to be judicial
gymnastic.
According to the data released by the headquarters of the Court of
Appeal in Abuja on 4th April, 2019, not less than 736 election petitions
have been filed to challenge the outcome of the 2019 general elections,
including the presidential election, at various states and levels.
The most debated petition both at the public court and the court of law
was Buhari v.s Atiku which gave so many people sleepless nights
including the president Mohammadu Buhari, before he was declared
eminently qualified by the Supreme court on 30th October, 2019.
However, the tradition of post-election result wrestling which in most
cases always initiated by the loser at the ring of justice is not new in
Nigeria. Infact, the 2015 general where the ruling party lost to the
opposition party witnessed over 600 election petitions at the Election
Tribunal. The same was the case in 2011, 2007, 2003 among others.
The rate at which elections petitions are submitted to Election Tribunal
in Nigeria seems to leave the line between the INEC and Election
Tribunal blurred. Infact, it suggests that the Tribunal is an umpire
where petitions is cast to debate the winners.
Most times, when it favours the petitioner the judiciary is unbiased,
neutral and working. But, when it goes otherwise, the judiciary is
corrupt. This is the reason an holistic reform starting from the
electoral act is the panacea to the problem of election without
credibility in Nigeria.
Therefore, while the Electoral Amendment bill is passing through the
legislative process, there is need for the political class and the
electorates to embark on inner reform so that the 2023 election can
serve as a roadmap for other countries within and outside African
continent. Because, a reformed electoral act without human reform is
like a vehicle without an engine.
Femi Oluwasanmi,
Ibafo,
Ogun State.