Tag: ballot box

  • Ballot box snatchers shot dead in Kogi as voters elect new governor

    Ballot box snatchers shot dead in Kogi as voters elect new governor

    • Governor Bello hails ‘peaceful, violence-free’ election
    • PDP candidate Melaye boycotts election, demands cancellation
    • SDP candidate Ajaka hails INEC, raises alarm on ‘missing result sheets’

    Two suspected ballot box snatchers were shot yesterday as voters in Kogi State trooped out to elect a new governor.

    The suspects reportedly lost their lives after they were shot by eagle-eyed soldiers following their attempt to snatch ballot boxes in Anyigba and Ankpa both in Kogi East Senatorial District.

    The incident was the highlight of the pockets of electoral malpractices that attended the largely peaceful election.

    In Ganaja village near Lokoja, voters chased away some men who rode in sports utility vehicles (SUVs) and attempted to snatch ballot boxes in their polling units, according to a viral video of the incident.

    In Kogi Central, soldiers who mounted a barricade at Itakpe Junction near Okene town intercepted and arrested three black unmarked open back Land Cruiser security vehicles.

    One of our correspondents, who witnessed the incident, reports that the unidentified occupants of the three vehicles were blocked by two Nigerian Army Armoured Personnel Carriers and were surrounded by soldiers.

    The vehicles were later driven away from the junction after about an hour standoff during which telephone calls were exchanged with high profile officials.

    The soldiers later arrested the vehicles and ensured that some of their men joined the vehicles before they were escorted from the scene policed by the two APC vehicles.

    At Ogori/Magongo Local Government in Kogi Central, a non-governmental organization, YIAGA Africa, claimed to have received reports of some electoral officials pre-filling election result sheets.

    In a post on its X handle, YIAGA Africa, wrote: “Dear @inecnigeria we received report of pre-filled results sheet discovered in PU 004, Eni Ward of Ogori/Magongo in Kogi State before commencement of voting.

    “Kindly investigate and address this issue promptly to safeguard the integrity of the process.”

    Notwithstanding the presence of heavily armed security operatives, voters turned out in their numbers at the various polling units where elections took place.

    Our correspondents, who monitored elections in Kogi Central, West and East Senatorial Districts, report that the election was largely peaceful, isolated cases of attempted ballot box snatching notwithstanding.

    PDP candidate Melaye boycotts election, demands cancellation

    In Kogi West, the candidate of the Peoples Democratic Party (PDP), Senator Dino Melaye, allegedly boycotted the governorship election exercise across the 21 local government areas of the state.

    Our correspondent who monitored the exercise observed that Melaye was not seen in his Unit 004, Ward 002, Iluafon quarters, Aiyetoro Gbede, Ijumu Local Government Area of the state to cast his vote.

    The Nation reliably learnt that the PDP candidate, who was in his country home with some of his supporters, stayed away from the election.

    A chieftain of the PDP in the town, who craved anonymity because he was not authorised to speak, said Melaye did vote because he believed the results of the election were already predetermined.

    The source said: “Oga (Melaye) deliberately stayed away from the exercise so as not to give the election credibility. We are quite aware where the pendulum will swing because the outcome is already predetermined.”

    Melaye later demanded the cancellation of the election in five local government areas of the state.

    The local governments, according to the PDP candidate, are Okene, Okehi, Adavi, Ajaokuta, and Ogori/Mangogo.

    Melaye, in a post on his X handle @-Dinomelaye described the exercise in the five council areas as a coordinated scam by the INEC.

    He alleged that the election results of the five local government areas of the state were compromised from the polling units.

    He said, “INEC must cancel the election in the 5 local governments of Kogi Central.

    “The election in Okene, Okehi, Ajaoukuta, Adavi, and Ogori/Mangogo is a scam coordinated from the highest level of INEC.”

    The Nation reports that Melaye did not show up at his Unit 001, Iluafon Quarters, Aiyetoro Gbedde, Ijumu Local Government Area of the state.

    Governor Bello hails ‘peaceful, violence-free’ election

    The Governor of Kogi State, Yahaya Bello and his three wives – Aminat, Rashidat and Hafisat – voted at Polling Unit 11 in Agassa, Okene LGA while the governorship candidate of the All Progressives Congress (APC), Usman Ahmed Ododo, voted at polling unit 1 at Upogoro, in Okene LGA.

     Bello, during his interaction with the media after voting, declared that he would leave the state better than he met it.

    The Governor described the governorship election as peaceful and violence-free contrary to fears expressed in many quarters prior to the poll. 

    He expressed confidence that the APC governorship candidate, Usman Ahmed Ododo, would emerge victorious. 

    On his impression about the voting exercise, Bello said: “To the glory of God Almighty, myself and all of my family members, friends and relations and all the citizens in this particular ward, in the local government, Senatorial District and of course across the state, we are all enthusiastic about this civic responsibility. 

    “We all came out in our numbers to cast our votes. I have just cast my ballot along with my family members and others are casting their votes. 

    “It is timely. All materials were deployed within the time stipulated, and so far, I have not received any complaint from any quarters. The conduct of INEC so far has been fantastic.”

    On the security situation, he said: “All the security agencies have conducted themselves so far very professionally. All the citizens that are exercising their franchise are doing that freely. 

    “There are no hitches, no rancour. We are united and we are happy about this exercise and by the special grace of God, we are going to come out very triumphant in this particular exercise.”

    On his promise to bequeath a template of free, fair, credible and violence-free elections to the state, Bello said: “First of all, the issue of electoral violence in Kogi State in my own time is a media creation.

    Read Also: Police recover ballot boxes, weapons from suspected thugs in Lagos

    “For those that are not on ground here in Kogi State, go into history, go into records, and compare my own regime and the previous ones. You will discover that the regime of Governor Yahaya Bello’s conduct of elections has been the most free, fair, and credible, and violence free elections.

    “So the issue of violence in our election in Kogi State is a media creation. It is a figment of the imagination of all those who do not want good things to happen here in Kogi State.

    “But to the glory of God, you are seeing the atmosphere: very tranquil, very, very peaceful and very harmonious.

    “So there is nothing like violence, and the conduct of free and fair and credible election is in the hands of INEC, security agencies and the citizens.

    “We the citizens have conducted ourselves very orderly and very cordially.”

     Speaking about the performance of INEC, Bello said: “INEC are doing their job very well and the security agencies are equally assisting. The 2019 general elections went as far as to the Supreme Court and various other courts where one issue or the other concerning the election was contested and I was cited.

     “The Supreme Court of the land has exonerated me that those who are mentioning me or are maligning me or associating me with violence cannot succeed, because I am peaceful. I am a peace loving citizen and a governor. 

    “You can see that issues of security have been tackled effectively here in Kogi State like never before.

    “You know how it used to be: people travelling from south to the north and from North to the South, and people sleeping with their two eyes open in the past. Now they sleep with their two eyes closed.

    Issues like kidnapping, ISWAP, Boko Haram and other extreme groups have been decimated and they are no longer existing in Kogi State. That is the effort of this administration, or of my own administration.

     “I am very, very sure that the next administration, by the special grace of God, that will be emplaced by the people of Kogi State today will take over from me and continue to build on that.

     “I know very well that you know where my heart is and you know where the citizens’ hearts are, and we are going to come up with very triumphant results.

    “So far, so good, no adverse report from anywhere.

    “I want to urge the media not to listen to hearsay and not to listen to social media. Please wait till INEC comes up with their official report or position as far as this exercise is concerned here in Kogi State.

    “I want to assure all of you that I am quitting the stage better than I met it.”

    SDP candidate Ajaka raises alarm on ‘missing result sheets’

    In Kogi East, the candidate of the Social Democratic Party (SDP), Yakubu Murtala Ajaka, raised the alarm that results sheets for the governorship election for three local government areas were missing.

    Ajaka, who spoke shortly after casting his vote in Idah Local Government Area of the state, listed the affected councils to include Okehi, Adavi and Okene, all in Kogi Central Senatorial District. 

    The SDP candidate claimed that staff of INEC in the three local government areas of the state had been compromised by those he described as undemocratic elements.

    He said the party had already reported the situation to the INEC headquarters in the hope that the issue raised would be looked into.

    He, however, commended the electoral umpire for smooth conduct of the exercise, describing the arrangements as perfect.

    Ajaka also applauded President Bola Ahmed Tinubu for fulfilling his pledge to provide security for voters during the election.

    His words: “I feel happy. I thank God for this day. From what we are seeing, it is clear I’m the one having the majority. But the report I’m getting from Okene and Adavi (local government areas) have been forwarded to Abuja.

    “They have not seen the original results sheet in Okehi, Okene and Adavi, and I am sure the INEC chairman is updated with this situation. 

    “There’s no way we are going to an election that the original result sheets are not there. That is not in the guidelines. 

    “Everything about the INEC arrangement is 100 per cent perfect, but their men in Okehi, Okene and Adavi have compromised.

    “They should question the returning officers in these local governments I mentioned.”

     On his part, APC governorship candidate Usman Ododo, speaking to the press after casting his vote at his Upogoro polling Unit 1, said: “As you can see it is just like a carnival, and I want to use this medium to commend the INEC management for putting in place a very transparent and hitch free electoral process.

     “Again, the security agencies they are doing very wonderfully as you can see. The election is peaceful and orderly, so I’m happy about that.

    “As you can see, I am on ground. This is my village. I am close to the people. I am part of them. You can see that everybody is happy and it is just like a carnival.”

  • ‘I was given pistol to protect ballot box’

    A 26-year old man, Sylvester Arikhan, who was arrested with a police serviceable pistol, said yesterday that he was given the gun to protect ballot boxes during the House of Assembly election in Esan Central Local Government Area of Edo State.

    He alleged that he was given the gun by one Ehis, who promised to pay him N130,000.

    Arikhan, who spoke to reporters when he was paraded by Police Commissioner Danmallam Abubakar, said he carried out the job because he needed money to travel out of the country, “as I’ve just been released from prison for cult-related offences.”

    Arikhan said he concealed the gun in his trousers as a party agent at Ward 02, Unit 01, at Udomi Primary School, Irrua, in Esan Central Local Government, in anticipation of violence.

    Read also: Police to migrate from use of lethal weapons

    “After the election, we followed the ballot boxes and nothing happened, but I did not return the gun because I was paid only N10,000. I hid from Ehis. He is a bad guy. He tried to set me up.

    “When we attended a wedding, my friend brought N6,000 for me to buy bullets and fired some shots. I did so and gave the gun to Oboh Samurie to keep for me.

    “Oboh took a girl to a hotel and the police arrested him after they found the gun on him,” he said.

    The police commissioner said the suspects would soon be arraigned.

     

  • Ballot box metaphor

    It would appear President Buhari did not fully avail himself of extant dimensions of electoral infractions when he directed the police and the military to deal ruthlessly with ballot box snatchers.

    For, the unmistakable impression the order conveys is that ballot box snatching is the most dangerous technique for election rigging on these shores. Unfortunately, it is no longer the most preferred strategy for rigging elections given our recent electoral experiences. With increasing role of technology in our elections, ballot box snatching has become less attractive, more risky and less efficient in compromising the outcome of elections.

    So what did the president intend to achieve when he warned that “Anybody who decides to snatch ballot boxes or lead thugs to disturb it (elections) maybe that would be the last unlawful action he would take and that he has directed the police and the military to be ruthless?” What weight did he attach to ballot box snatching when he warned “anybody who thinks he has enough influence in his locality to lead a body of thugs to snatch ballot boxes or disturb the voting system would do it at the expense of his own life?”

    Was he speaking of ballot box snatching in its absolute sense or was it a metaphor for sundry electoral offences? These are some of the posers brought to the fore by the president’s threats. And the way they have been perceived account in the main, for the welter of criticisms that had since trailed the warning. It is not surprising that apologists of the government have since been offering explanations as to the exact meaning of Buhari’s order.

    My reading of the matter is that he was speaking in a metaphorical sense. Then, the infractions he had in mind would include acts of lawlessness leading sometimes to arson and loss of lives, illegal snatching and possession of election materials, tampering with Smart Card Readers and result sheets and falsification of the actual results emanating from collation centres.

    These are the new hi-tech-election rigging strategies that have taken off the shine from ballot box snatching. Ironically, much of these new approaches in compromising the outcome of elections are only achievable in collusion with personnel of the electoral umpire. Manipulation of card readers, supply of fake result sheets and diversion of materials meant for one centre to another to disenfranchise voters, insufficient supply of election materials and alteration of results constitute the most potent and present form of election rigging. It remains to be seen how the shooting of ballot box snatchers will curb these malfeasance.

    What use is there in ordering the police and the military to focus on ballot box snatching that is increasingly losing traction as a veritable option in compromising the outcome of elections?  And because the order is handicapped in addressing the increasing sophistication of a technology-driven electoral process, it may end up achieving little except creating fears in the minds of prospective voters.

    Those who raise reservations with the order are by no means condoning electoral malpractices of any hue. They are not. They are concerned that the order placed much premium on ballot box snatching in utter neglect of other more potent avenues for election rigging. Incidentally, the police and the military may find themselves incapable of dealing ruthlessly with these new manifestations in the fashion Buhari envisages.

    It remains to be conjectured how the order will deal with suspicions and actual attempts by unscrupulous INEC officials to reconfigure the smart card readers to confer undue electoral advantage to favoured politicians and political parties. It also remains to be seen how the ruthless order will apply to INEC officials who by errors of omission or commission, deliberately delay the supply of election materials or send wrong parcels or result sheets to wrong centres to give advantage to some preferred parties or candidates. Also at issue, is how the order will deal with the tampering of and falsification of election results at the collation centres at the wards, local government, state and federal levels?

    These are the real issues to contend with. It is instructive that political parties are now schooling their agents on how to detect pre-programmed smart card readers before and after elections. The way these are handled has much to do with how free and fair the outcome of an election is. Sadly, reports emanating from the inspection of material returned after penultimate Saturday’s botched elections indicate very vividly that many states would have been disenfranchised had that election proceeded as scheduled.

    Sensitive election material including result sheets meant for some states in the south were found in far-flung northern states and the vice versa. There is the temptation to ascribe this mix up to human error. But there could be more to it than human error. Given that politicians could go at lengths to compromise the outcome of elections for personal advantage, sabotage could be at the centre of it all. Chances are that some unscrupulous INEC officials in concert with some unseen powers could be behind such mix-up.

    This should not be a surprise at all. Before now, such devious strategies have been employed in collusion with unscrupulous officials of the electoral umpire to tilt the direction of the voting to achieve predetermined results. We have also seen the phenomenon of supplying fake result sheets to polling units only for the originals to be handed over to politicians to enter fake results and submit to the collation centres. This rigging ploy is not new at all. How the shoot-at-sight order will take care of such manifestations remains largely illusory.

    The order has limited value in enhancing the overall course of free and fair elections. Its interpretation by the military has seen to the massive deployment of soldiers in some of the states. This has in turn raised apprehension among residents and voters. President Buhari was apparently mindful of this development when in his speech before Saturday’s election he urged voters to go out and vote for their preferred candidates and parties without fear of molestation.

    We are also contending with the phenomenon of fake police and military men who pretend to be on official duties only to turn round to aid and abet election rigging and manipulation. In Imo State, the police command paraded four fake soldiers attached to an unnamed politician. There have been allegations of fake police vehicles branded by politicians for deployment during the polls in some of the states. The sweeping order could compound the agony of innocent voters. Involving the police and the military the way the president directed could lead to unsavoury outcomes.

    Not only is the directive incapable of handling emerging dimensions of election manipulation and falsification, not much is going to be achieved by it except instilling fear on voters, possibly resulting in poor turnout. It would have served better if such order was not made public and dramatized the way the president did.

    Our laws are very unambiguous on punishment for ballot box snatchers. Prescribing death sentence for offenders mirrors the scant regard we have for due process and the rule of law. Even then, the highest court in the land, the Supreme Court had before now, ruled against the involvement of the military in elections.

    Whatever the case, the propriety of the president’s order will be measured by the extent the conduct of the military is seen to enhance the overall credibility of the elections. It is only hoped they will not succumb to political partisanship and pressure from the government in power as recorded in some previous elections in some states.

  • Ballot box snatchers will pay with their lives – Buhari

    ….Insists INEC has no excuse to postpone six hours to election

     

     

    President Muhammadu Buhari on Monday warned that anybody involved in ballot box snatching will pay with his or her live.

    He spoke in Abuja during the opening session of the All Progressives Congress (APC) Caucus meeting at the APC National Secretariat.

    Such act, he said, would be the last unlawful act the person will engage in.

    According to him, he has given the security agencies instructions to ensure free and fair elections in the country.

    He said “I do not expect any body to cause any disturbance. The security agencies have identified hot spots and flash points and should be prepared to move. We have made as much arrangement as possible for them as much as the country can afford.

    Read Also:Two suspected ballot box snatchers lynched in Kogi bye-election

    “Anybody who decide to snatch ballot boxes or lead thugs to disturb the process, may be that will be the last unlawful action you will take.

    “We have directed the military and other security agents to be ruthless. We are not going to be blamed that we want to rig elections.

    “I want Nigerians to be respected and let them vote whoever they want across the parties. I am not afraid of that. I went round the 36 states and the FCT and I think I have enough support across the country to vote for me.

    “So, I want to warn anybody who think he has enough influence in his locality to lead a body of thugs to snatch ballot boxes or disturb the voting system, he will do it at the expense of his own life,” he stated

    The President also explained that the Independent National Electoral Commission (INEC) had all the time and resources and didn’t have to wait for only six hours to cancel the elections and tell the public it was impossible.

    He said “Definitely, the reason why such incompetence manifested has to be explained to the nation. After the elections, we have to know exactly what happened and who is responsible.

    “Otherwise, our efforts to make sure that this system is acceptable would have been eroded. The constitution and the law protected INEC. But they must not take us for granted.

    “If for example, the National Assembly refused to approve what they wanted, INEC would have had moral reasons why they couldn’t perform. If the time of four years of election was not constitutionally obeyed the government, INEC would have a case.

    “But we don’t understand the reason for this inefficiency and we have to go into details after the election to find out who is responsible,” he said.

    He thanked the party leadership for their commitment.

    He went on “That was why we sat and said we must have committed leaders in all constituencies to be our agents. We also sat down and worked out the least the party should do for our agents so that they will not depend on anybody or say I am going to drink water or I am going to toilet.

    “We made all those arrangements and put it before the governors and Chairmen of the parties. Where the APC has no governors, the governorship candidate and state Chairmen were given that assignment.

    “I am satisfied that this instruction has been passed down. Right now, we have so much to do and so, we should now go back to our loyal members in all constituencies so that if anything happen, we will know who to blame.

    “We have told our constituents to be patient and react in a very matured way by going peacefully and vote and depend on party representatives in the polling unit,” he said.

     

  • LG polls: Nasarawa speaker denies snatching ballot box

    The Speaker of the Nasarawa state House of Assembly, Alhaji Ibrahim Balarabe Abdullahi, has denied allegations that he had snatched ballot box during the chairmanship primary election of the All Progressives Congress(APC) in Toto local government area of the state.

    Balarabe Abdullahi stated this while fielding question from journalists in Lafia on Tuesday.

    He described the allegation as, not only false, but unfounded and baseless, saying it is a contraption created by his political foes who do not wish him well in
    his political career”.

    According to him: “Hon. Nuhu Dauda, one of the chairmanship aspirants, was leading and his opponents were no longer comfortable and resolved to throwing stones and other dangerous weapons at people who were present at the venue”.

    “Journalists, you may wish to do further investigation and I assure you that you will find my statement to be the truth”.

    “As a number third citizen of Nasarawa state, how will I snatch ballot box meant for election when there was adequate security on
    ground.

    “The election was going on smoothly before some people went and mobilized their thugs to disrupt the process which was unfortunate and a
    threat to our electoral process”.

    “What I always preach is free, fair and credible election. Let the electorates, the delegates decide who will be their local government
    chairman”.

    He emphasized that delegates from his Umaisha/Ugya constituency gave testimony of his acceptance by his people.

    Balarabe Abdullahi threatened to sue those who are tarnishing his name and called on them to desist from their evil acts towards him.

    The Nation recalls that the Nasarawa state Independent Electoral Commission (NANSIEC) has fixed May 26 for the conduct of the local government
    election in the state.

  • How to protect ballot box, by Igini

    How to protect ballot box, by Igini

    Mike Igini, a lawyer, is the former Resident Electoral Commissioner (REC) for Cross River and Edo states. He spoke with reporters about his experience and how to safeguard the sancity of the electoral system. Excerpts:

    You have just returned from the United States to monitor the election. The outcome came as a shock to the whole world. Are you surprised?
    The outcome appears to have gone against most of the polling expectations as well as the generally held assessment and views about the candidates that should have won the election. On my part, having been involved in the task of conducting elections as an umpire like many others across the world, who went to observe the election, our focus, interest and take away was the process, whether it was transparent, credible and if it delivered a free and fair outcome, and not necessarily about who should have won.  It is part of the expected professionalism to always keep the eyes on the process and leave the matter of choice and outcomes entirely in the hands of voters. In all situations, the focus should be the need to ensure procedural certainty that all stakeholders have confidence in, to deliver substantive certainty of outcome, which is one of the key characteristics of democratic elections.
    Could you explain why the United States electoral system is built on trust?
    That is what it is and has been for decades now, in that, the entire electoral system, as complex as it appears, is built on trust, under a regime of strict adherence to the rule of law and not the rule of men who are above the law. The Americans trust that every electoral board in each county and state irrespective of whether its governed by the Republican or the Democratic Party, will meet a high degree of election integrity by recording the votes as given by the electorates and therefore the outcome for the whole system relies on these summated individual electoral integrity. But is that what we have here with state controlled electoral bodies? Where every LGA election conducted by them is won by the party controlling the state, except elections conducted by INEC.
    Can the prompt and timely judicial approach to election matters in the United States be replicated in Nigeria?
    As a people, we should learn to emulate good practices that has helped to strengthen democracy in other parts of the world. The judiciary is the backbone of the strong tradition of the American democracy, hardly would any electoral matter get to courts that is not resolved immediately, particularly when election dates have been fixed and are considered sacrosanct. In the just concluded US general election, hundreds of pre-election matters bordering on procedures, mode of identity, voters register, that were subject of either adminstrative procedure or court adjudication, were all resolved before the election, including electoral disputes that arose even on Election Day, as we saw in Maryland and Nevada where agents of Trump challenged in court election voting procedure. The judges in whose court the matters were instituted sat immediately and determined the issues and the process of voting continued unhindered.
    But, that was what the Appeal and Supreme courts did before the election?
    I’m saying that this festering leadership tussle in PDP should have been resolved by the Courts several months ago, even before the Edo governorship election. If our judicial system is like that of the US, If as the Supreme Court declared in 2003, in INEC Vs Musa, that “political parties are the essential organs of the democratic process” why should it take the judiciary this long period to deal with a simple narrow issue of which group represents the legal leadership of the party? Look, if the court has determined this matter since, all the accusations and counter accusations about removal of names and limitation of time for the submission of party agents would not have arisen. Again, let me give you another classic example of a similar situation in the United States. In South Carolina some years back, a gubernatorial candidate suddenly withdrew participation 48 hours to the election. The election board decided to put the name of the first runner-up and this was challenged at the High court. Because election date had been fixed and it was just 48 hours to the time, both the Appeal Court and Supreme Court were placed on standby, and as soon as the High court decided and its decision was appealed against, the Appeal court sat and thereafter the Supreme court, thus within 24 hours the highest court disposed of the matter. That is how the judiciary protects the American democracy, by acting timeously against any action that may bring about widespread political disruption. If it were to be in the US, as l have told you or in other more sober climes, the leadership crisis of any party, particularly the two main parties, would have been a matter of urgent importance that must be resolved within a week or at most a month, by a final verdict of the highest court because they are the pillars of democracy, and the judiciary in the US would not allow a crisis to fester because of the potential for instability and the security implications.
    INEC has been grappling with its card Readers and other challenges. Looking ahead, what do you consider could lead to electoral failures?
    Let us be fair here, since 2011 till the last election of Ondo state barring a number of challenges and unmet expectation, there have been remarkable improvements in INEC electoral service delivery in terms of innovations such a credible biometric register, PVC, card reader, logistics as exemplified in early arrival of personnel and materials in the polling units. As long as this system and innovations are targeted at the electorates they are meant to serve, it will alway be a basis and a foundation for further improvement as work in progress.There is no perfect system anywhere in the world afterall given the growing desperation by politicians in the u.s now, there are talks going on in some states about biometric voters registration for elections which we have done here. To be frank with you, where the problem or challenge has always been in our country is with the political actors outside the control of INEC who try to game the process which may lead to electoral failures in places, they do everything from recruiting thuggs to snatching ballot papers, result sheets or outright disruption of the electoral process. They spend so much to counter and undermine every innovation of INEC to win at all cost. It is to prevent all of these nefarious activities of politicians that is increasing the cost of election when INEC has to spend so much monies to safeguard the integrity of the process by printing seperate customized colour differentiated election documents from LGA to LGA and even wards, maintenace of RACs, security and so on. So much is going on to improve the process for better outcome but dissapointingly nothing has changed or being done to change the behaviour of the political actors through development of targeted deterrence measures for those who commit electoral offences by having the electoral offences tribunal established.
    What actually differentiates the United State’s electoral system from that of Nigeria?
    Primarily, it is the actual practice of full blown federalism, instead of a quasi-federal electoral system as we do here. There is no federal electoral body in America that conducts election as we have here. Instead states and county jurisdictions run elections that produce all elected office holders, both state and federal and even at that different parties and independent candidates win incumbents repeatedly, this is because the federating states make the Country. Can we entrust the conduct of all elections, both federal and state, with the SIECs in Nigeria, where even within the parties controlling the states, there is no room to accommodate opposing views or aspiration of members of the same party? You elect someone to a position and suddenly he/she becomes an untouchable colossus, dictating to the party and all jurisdictions. It is a curious form of democracy, where the elected delegate wags the institutional structures that presented him/her as their delegates and even the “demos.” It shows that both the elected and the electors do not understand or appreciate the fundaments of their roles.  The doubts I have expressed here is certainly not about the competences of the individuals in the state election management bodies, many of whom are some of the finest, if given the type of freedom and independence that those who operate in INEC enjoy to perform, but based solely on the fact that they are not allowed to work independently. Nigeria would certainly be aflame, if for instance we try the idea that, each of the state electoral body controlled by the polittical parties as we have in the United State should conduct all elections in 2019.  Here in Nigeria, there is so much statute sabotage and institutional capture that no state controlled by any party would ever surmise the notion of losing an LGA election to an opposition party, as if sovereignty belongs to them and not the people. For instance despite the clear breach of the Nigerian constitution, a very impeachable offence, you still find state governments erecting illegal sole administrators of Local governments, a matter that has been very troublesome. I was recently quite happy to hear some legislators pushing for an amendment to the effect that any LGA which is not run by elected officials should be de-funded. This anomaly of illegal sole administrators is still on, despite court judgments to the contrary, a terrible disregard to our constitution and the sovereignty of Nigerians over their local jurisdictions. In fact our federalism has been farcical on many levels and the local electoral systems are an immense and consequential part of the farce.

  • Ballot box, card reader  snatched in Edo North

    Ballot box, card reader snatched in Edo North

    No fewer than four persons sustained injuries at Ogharra Primary School, Jattu, during the Edo State governorship election, while a ballot box and card reader were snatched at separate developments at Sabongidda Ora and Ibillo respectively.

    The four persons that sustained injuries were said to have rattled some miscreants who broke into the school through the back window and attempted to snatch sensitive electoral materials.

    The hoodlums were said to have chased party agents away and stabbed one of them who resisted beside his eye.

    Their action, it was learnt, led to a fight which took the intervention of armed policemen and three armoured tanks to quell, while three suspects, including a woman was arrested.

    At Ward five Sabongidda Ora, The Nation gathered that thugs stormed the place and snatched a ballot box as soon as accreditation and voting commenced.

    They were said to have returned much later for a second attempt, but were rebuffed by policemen with two of them apprehended.

    At Ibilo in Akoko Edo Local Government, miscreants snatched a dysfunctional card reader.

    It was also gathered that suspected militants from Warri who entered Irua in Esan Central Local Government Area to cause mayhem were intercepted by police operatives.

    Also arrested were commercial drivers who flaunted the restriction of movement order. While some of them had their vehicles impounded, others were cautioned and asked to park at a particular spot till 6pm.

    Despite the skirmishes recorded in certain places, The Nation observed that the election was generally peaceful.

    At the various polling units visited across the state, vote canvassers were seen luring electorates with cash gifts to vote particular parties.

    Although there were arguments between party agents, the electorates resisted actions that could lead to breakdown of law and order by promptly inviting security agents.

  • June 12: Futile battle for sanctity of ballot box

    June 12: Futile battle for sanctity of ballot box

    Group Political Editor EMMANUEL OLADESU writes on the lessons of the historic June 12, 1993 presidential election won by the flag bearer of the defunct Social Democratic Party (SDP), the late Bashorun Moshood Abiola, the heroic contributions of the pro-democracy movement and the treachery of military collaborators who aborted the dream of a peaceful transfer of power in the ill-fated Third Republic. 

    It is a story of great betrayal; an illusion of hope. The soldiers of fortune and their collaborators yelled as Nigerians cast their votes to draw the curtains on the military rule. The embattled military President, Gen. Ibrahim Babangida, had his game plan. When he criminally annulled the most credible election,  gloom enveloped the country. There was despair. There was commotion. The battle for the sanctity of the ballot box had been won and lost instantly.

    June 12 underscored the miracle of a free and fair election. It was a vote for national unity, mutual understanding and peaceful co-existence by the North and the South. It was a lost opportunity. Since then, the miracle has not been repeated.

    Twenty three after the historic presidential election won by the late Chief Moshood Kasimawo Olawale Abiola, the candidate of the defunct Social Democratic Party (SDP), was cancelled, the sanctity of the ballot box is yet to be fully restored. Elections are nightmares. At random, winners have become losers. In many instances, the contest has often shifted from the ballot box to the courtroom.

    Had Babangida thread the path of honour, perhaps, the situation would have been different today. His reluctance to relinquish power, which he had acquired through a cunning way, wrecked havoc on the country. As the contest was annulled, the SDP national chairman was aloof. The Publicity Secretary said the party had seen the futility of insisting on its revalidation.

    A pro-democracy battle ensued. Lives were lost in civil-military clashes. But, the gap-tooth General  was later forced out in disgrace. As he stepped aside, he installed an interim contraption; a joke that later collapsed on the head of its symbol, the highly respected technocrat, yet a political novice, Chief Ernest Shonekan.

    Up came the late Gen. Sani Abacha, a dictator who cajoled the gullible political class to team up with him, following his vague promise of handing over to Abiola, the president-elect, who later died in detention after five years of futile battle.

    June 12 was a watershed. Ethnicity and religion were not the factors that shaped the presidential contest. Unlike last year’s election, Nigeria was in one accord. Abiola and his running mate, Alhaji Baba Gana Kingibe, were Muslims. But, Nigerians did not raise eyebrow. Despite the dictatorial foundation of the two parties, as they were imposed on the beleaguered nation, the diverse people resolved to adopt them as platforms. The umpire, Prof. Humphrey Nwosu, and his team were up and doing.  The electoral process was tedious. But, it made internal democracy more compelling for the two parties. Both Abiola and his rival, Bashir Tofa of the National Republican Convention (NRC), passed through the stressful nomination processes at the ward, local government, state and federal levels. The procedure was long, but transparent.

    Nigerians were full of eagerness. They were tired of being tossed around by the military. In Nigeria, military rule had become old-fashioned. On poll day, the voters across the six geo-political zones declared a legitimate war against the military marauders.  The popular mood reflected the collective determination to restore civil rule under a credible leadership freely elected by citizens.

    However, the midwife of the elongated transition programme was the main obstacle. When people trooped out for the civic duty on June 12, nobody had a premonition of a looming disaster. On long queues, people endured the tedious accreditation and voting process. According to the civil right activists,  no violence was reported.The open ballot method and two party system made rigging impossible.

    Around 4pm, it was evident that the people had voted to end the military rule.  Nigerians, irrespective of their tribe and religion, had elected Abiola as the President. Hailing the voters for the feat, the legal luminary, the late Chief  Gani Fawehinmi (SAN), pointed out that, even in the barracks, Abiola won. But, on June 23, 1993, the hope was dashed by the annulment. Nigeria was on the retrogressive path. It was the greatest act of betrayal by the military. Nigerians started perceiving soldiers as national liabilities.

    The June 12 saga also unveiled the hypocrisy of the progressive leaders-turned antagonists of the popular will. Many of them are still fighting hard to redeem their dented image after using ‘June 12’ to bargain and trade with military authorities in expectation of juicy appointments, oil blocs and huge contracts. Some influential leaders cleverly suggested the interim government as a way out of the mess, hoping to either head the transitional government or nominate the head. To them, what mattered most were positions, and not principle.

    The division in the military was obvious. Some wanted the military to extend its rule; others said that, in utter sensitivity to the wind of change, their time was up.

    The ‘June 12’ is still a reference point in the nation’s quest for free and fair elections and political stability. It was a tragedy that, when the June 12 struggle later heralded the civil rule, the progressives who were at the front burner were at the back seat.

    Abacha, who disbanded the interim government, and Abiola, the custodian of the mandate, died in the battle. Abiola died while struggling to reclaim the people’s mandate; Abacha died while resisting the people’s will. Under Abacha’s successor, Gen. Abdulsalami Abubakar, the hawks returned to the drawing board. While civil rule was restored in 1999, Nigeria is still in a fruitless search for democracy, 17 years after.

     

    Heroes of June 12:

    The ‘June 12’ battle was not for men of frail will. On the battle field were great fighters who dared the military. These democratic forces were scattered at home and abroad. Many lost their lives and property. When the fight became hotter, some developed cold feet, betrayed the cause and deserted the battle. However, many also endured the heat and fought to the end during the delicate period.  For example, Abacha sent a strong message to Air Marshall Ndubusi Kanu to either desert the National Democratic Coalition (NADECO) or face bullet. A General, who hosted the first meeting of the agitators at his Ikeja residence, later demurred. The likes of Senator Abraham Adesanya, Gen. Alani Akinrinade, Asiwaju Bola Tinubu, Prof. Wole Soyinka, Chief Ralph Obiorah, Commodore Ebitu Ukiwe, Dr. Amos Akingba and Commodore Dan Suleiman were been hunted by the military. Some of them fled the country. Abiola’s wife, Kudirat, was killed during the struggle. So was Chief Alfred Rewane, a great financier of the struggle. Many crusaders, including Ayo Opadokun and the late Dr. Beko Ransom-Kuti, were detained.

     

    Abiola

     The billionaire businessman had a vision-the abolition of poverty. He was a friend of the military. He knew their tricks, but he could not understand all. Apparently, Abiola may have been underrated too by his soldier-friends. His credential was highly intimidating. He was a household name; a philanthropist and a man of the people.  On the podium, he was electrifying. He demonstrated an uncanny knowledge of the economy. It appeared he had solutions to the problems. Largely perceived as the liberator of the people from the military cage, Abiola received massive support, beating his rival, Tofa in his native Kano State. He pulled 8,341,309 votes, representing 58.36 percent of total votes. When Babangida annulled the election, there was sporadic protest. Up to now, the ghost of the annulment still hunts the Minna-born General. Abiola declared himself President-elect at Epetedo, Lagos Island. He was the martyr.

     

    Kudirat

     Alhaja Kudirat Abiola was one of Abiola’s numerous wives. She was a wife in a million. The annulment catapulted her into the pro-democracy movement. She was endowed with a heart of steel and stone. Kudirat faced the odds with determination. She was unstoppable. Whenever she stormed the meeting of the pro-democracy groups, agitators believed that Abiola was around. She was bold, fearless and courageous. She challenged the military over her husband’s  solitary confinement. Her leadership motivated other pro-democracy groups to spring to seek the actualisation of the mandate.  In 1994, Kudirat was actively involved in sustaining the oil workers strike. She was arrested, and later, released on bail. Despite this harassment, she was unwavering. When protesters were detained, she would promptly visit police stations to secure their release. Kudirat knew that her life was in danger. The Amazon was planning to process a visa to leave the country before she was killed. On June 4, 1996, a few days to the third  anniversary of the June 12 election, Kudirat was shot dead by assassins in Oregun, Ikeja.

    Ajasin

     Chief Adekunle Ajasin, former governor of Ondo State, doubled as Afenifere and NADECO leader. He was a principled fighter and moral voice who offered inspiration to the democratic forces. Already an old man, Ajasin, despite the threat to his health and safety, never wavered. The Owo politician had objected to the participation of progressives in Abacha government. Bbut Abiola prevailed on him to give his consent. His bedroom was invaded by former Governor Ibe Onyearugbulem, who had the mandate from Abacha to make Ondo State uncomfortable for the NADECO forces. In June 1995, his house was invaded by soldiers. His followers were arrested. He followed them to the state police headquarters, Akure. They were released 24 hours later. Ajasin was enraged over Abiola’s detention. He passed on when the battle was still hot.

     

    Rewane

     Rewane used his pen and money to fight the military to a standstill. He was a pillar of financial support for all NADECO and many human rights activities. His motive was the de-annulment of the June 12 election. He also personally campaigned against official graft in high places, lack of accountability and gross violation of human rights by the military. But on October 6, 1995, he was murdered in curious circumstances which elicited wide outcry.

     

     Adesanya

      Adesanya, Awoist, lawyer, and Second Republic senator, became the leader of Afenifere after the death of Ajasin. His Personal Assistant was Rev. Tunji Adebiyi. Adesanya’s compatriots in the group who also fought the military were Chiefs Ganiyu Dawodu, Bola Ige, Lam Adesina, Ayo Adebanjo, Olaniwun Ajayi, Solanke Onasanya, Femi Okunrounmu, Olabiyi Durojaye, Cornelius Adebayo and Dr. fredrick Fasehun, the founder of the oodua Peoples Congress (OPC). Some of them suffered bruises. Rev. Adebiyi was bearing a letter from NADECO leaders in Lagos to Ajasin at Owo when he was arrested at 10 pm at Maryland by the police. Persistent pleas by Kudirat Abiola secured his release. Adesina was captured by soldiers during a protest at Ibadan as a “prisoner of war”. Durojaye, Adebanjo and Dawodu were detained. Assassins were also trailing Aremo Segun Osoba. He escaped been hit by bullets by whiskers. In 1997, Adesanya miraculously escaped assassin’s bullets. He remained undaunted to the end. Under his leadership, Afenifere intensified the battle for restructuring and true federalism.

     

    Enahoro

    Chief Anthony Enahoro, a nationalist, was the chairman of NADECO’s Steering Committee. In 1995, he was detained for almost three months without any charge by Abacha. Before he escaped abroad, he was a torn in the flesh of the military. He also chaired the Movement for National Reformation (MNR) and the Pro-National Conference Organisation (PRONACO). Enahoro was the leader of NADECO abroad.

     

    Tinubu:

     In the Third Republic, he was a senator. In the Upper Chamber, Senator Bola Tinubu was the rallying point for senators seeking an end to military rule. He challenged IBB to a duel. When the military leader annulled the poll, he demanded for explanations. Tinubu dared the military, urging the masses to resist the brutal act. He was briefly detained and released. After escaping abroad, he became one of the leaders and financial pillars of NADECO abroad.

     

    Fawehinmi

     Fawehinmi was an outstanding lawyer and world-acclaimed human rights crusade.  He was detained for a long period by the military government.  He provided legal, moral and financial support for freedom fighters. Even, IBB acknowledged him as a man of courage and principle.

     

    Soyinka

     Nobel Laureate Professor Soyinka was one of the brains behind Radio Kudirat. Other frontline activists behind the opposition radio were Enahoro and Dr.Kayode Fayemi, who made broadcasts leaking plans by the soldiers to wipe out freedom fighters from Nigeria. It was the radio that alerted people to the plot to assassinate Ajasin and Adesanya. In 1994, Soyinka lived in exile in the US and France after leaving Nigeria. He mounted a strong international campaign against Abacha’s dictatorial regime. In 1997 he was tried in absentia with other opposition members for a phony charge of bomb attacks against army. The Abacha regime sentenced Soyinka to death in absentia. He still lives to tell the tale.

     

    Akinyemi

    Among those who offered intellectual support for NADECO activities were Professors Akinyemi, former Foreign Affairs Minister, Segun Gbadegesin, Ropo Sekoni, Ade Banjo and Adebayo Williams. They wrote numerous incisive articles denouncing the annulment, military rule and rights violation. They were targets of attacks by the military. They fled the country to continue the onslaught abroad. Banjo had purchased 3,000 riffles to launch a guerrilla war against Abacha. He was caught and detained before he escaped to Ghana.  If the asylum proposed by Prof. Akinyemi had been accepted, Abiola may not have been killed. But, the chief rejected the asylum, saying that the President-elect of the most populous nation in Africa could not be seeking asylum in American Embassy.

     

    Kokori

     Chief Frank Kokori, a fearless Labour leader and former Secretary-General of the National Union of Petroleum and Natural Gas Workers (NUPENG) organised the oil workers’ strike that rattled Abacha in 1994. He was arrested by the security operatives and was moved round different prisons, mostly in the northern part of the country.

     

    Carrington

     Walter Carrington  served as United States Ambassador Extraordinary and Plenipotentiary to Nigeria between 1993 and 1997. He actively supported the struggle for the validation of the election results, chiding the military for the annulment and human rights abuses. His remarks were weighty and they influenced the United States to mount pressure on the military to vacate power.

     

    Adebanjo

     Ayo Adebanjo,  a fearless politician,  was staunch member of NADECO. Despite the threat to his life and property, he was resolute in the fight for the restoration of Abiola’s mandate. It was ironic, because Abiola and his leader, the late Chief Obafemi Awolowo, never politically agreed. Since he passed on, Adebanjo has been calling for the immortalisation of Abiola.

     

    Epetedo Group

     Among the agitators who organised the Epetedo Declaration were  theb late Senator Dosunmu, the late Prince Ademola Adeniji-Adele, Tokunbo Afikuyomi, Omotilewa Aro-Lambo, Senator Ajayi from Ekiti, Hon. Adesina from Abeokuta,  and Sikiru Shitta-Bey.

     

    Opadokun

     Opadokun was  the General Secretary of the Afenifere and NADECO. For five years, he was in detention. It is painful to him that, after the restoration of the civil rule, military apologists and collaborators became the beneficiaries of the battle in 1999.

     

    Oshun

     Olawale Oshun is a former Chief Whip of House of Representatives. When the IBB regime cancelled the election, he was among the legislators who denounced the criminal act. He was one of the few people that planned the ‘Epetedo Declaration’ for Abiola. When Opadokun was seized by the military, he became the NADECO secretary. He was later released, after which he fled abroad to continue the fight. He wrote his book, ‘Clapping with one hand’, in detention.

     

    Kanu

    The former governor of Imo and Lagos states was at the forefront of the agitation for the actualisation of the mandate. Abacha once told him to deck his khaki and face him with his gun, instead of joining forces with civilians to rubbish him. When he persisted in his NADECO activities, his businesses were crippled by the military. His private residence was searched by security agents. He was accused of planning to importing arms and ammunitions.

     

    Nwankwo

    Among the organisations that formed NADECO was the Eastern Mandate Union (EMU) led by the irrepressible advocate of human rights and good governance, Clement Nwankwo. He shared that virtue of consistency and bravery with Dr. Chukwuemeka Ezeife and Chief John Odigie-Oyegun, who were prominent NADECO chieftains. A fierce speaker and prolific writer, Nwankwo was never afraid of detention camps.

     

    Ige

     The Cicero of Esa-Oke had shunned the IBB transition programme, following Awo’s admonition to his followers to learn to dine with the devil with a long spoon. However,  the entry of the late Chief Bola Ige, after the expiration of ‘siddon look’ period, inspired the pro-democracy agitators to fight on. He was a leading fighter under NADECO and Afenifere, where he was deputy leader. Ige had a caustic tongue, which he used to bite the Abacha regime. It was he who described the five political parties of that period as five fingers of a leprous hand. He was detained at Epe.

     

    Balarabe Musa:

     The former governor of Kaduna State refused to join the bandwagon of tribal egoists. He believed that June 12 offered a redemptive option to the country in its quest for legitimate leadership. To him, the annulment was a national calamity and the struggle was not a sectional affair as wrongly projected by military spin doctors. On few occasions too, prominent northern leaders, including the late Dr. Ibrahim Tahir, spoke forcefully against Babangida regime for foisting an avoidable crisis on the country.

     

    Abubakar Umar

     As military governor of Kaduna State, he had shown the tendency of a radical. The political scientist was of the view that the military had overstayed in power to the detriment of the masses. Col. Abubakar Umar Dangiwa (rtd) spoke forcefully in defense of the Abiola. To him, the symbol was not the main issue, but the seizure of the nation’s collective passport for a genuine flight to the horizon of democratic progress.

     

    Ondo NADECO

     These were NADECO members based in Ondo State. Prominent among them were Chief Segun Adegoke, a lawyer and Awoist, the late Chief Adebayo Adefarati, who later became governor, Mrs. Bolaji Osomo before she joined Abacha cabinet, and Senator Okunrinboye. When the late military governor, Onyearugbulem, and some soldiers invaded the Owo country home of Ajasin, an encounter ensued between the governor and Adefarati. The governor asked Adefarati  whether he was a NADECO member. Adefarati, beating his chests three times, answered in the affirmative. The soldiers could not arrest him in Ajasin’s room.

     

    Falae

     The former Secretary to the Federal Military Government and Finance Minister was very active in Afenifere and NADECO. He was one of the ardent supporters of Abiola during the battle for the revalidation of the annulled results. Other Afenifere leaders who were active during the struggle included Senator Ayo Fasanmi, who resigned from the Constitutional Conference Commission set up by Abacha, Chief Supo Sonibare, Prince Dayo Adeyeye, Baba Omojola, Chief Rafiu Jafojo, Chief S.K. Babalola, and Rev. Tunji Adebiyi. Before they joined Abacha government, the duo of Alhaji Lateef Jakande and Chief Ebenezer Babatope were also at the forefront of the clamour for the de-annulment of the june 12, 1993 election.

     

    Lam Adesina

     A disciple of Awo and former federal legislator, Adesina was always opposed to military rule. He had used his column to spite the soldiers of fortune who milked the country dry. For participating in the anti-military demonstrations at Ibadan, Oyo State capital,  Adesina was ‘captured’ by the Military Administrator, Col. Usman, as a prisoner of war. He languished in detention. Adesina later served as governor.

     

    Bishop Gbonigi:

     The activist-cleric, Rt. Rev. Bolanle Gbonigi, was nicknamed the ‘NADECO Bishop’ because of his principled position on June 12. He decried the injustice from the pulpit and offered moral and spiritual support to the pro-democracy agitators.

     

    Akinrinade:

     Gen. Alani Akinrinade (rtd) was one of the leaders of NADECO abroad, who committed enormous time, energy and resources to the struggle for justice. His private residence at Ikeja was torched by suspected government agents. The same tribulation befell his compatriot, Dr. Akingba, a former university don. He was harassed by the military. His residence was also attacked in Lagos.

     

    Labour, right groups and media:

     Human rights leaders-Dr Beko Ransom-Kuti, his brother, Prof. Olikoye Ransom-Kuti, Femi Falana, Femi Aborisade, Chima Ubani, Joe Igbokwe, Olisa Agbakoba, Ayo Obe, Rev. Fr. Mzathew Kukah, now Bishop Ebun Adegboruwa,  Joe Igbokwe, Clement Nwankwo, Felix Tuodolo, Debo Adeniran, Akinola Orisagbemi, who was Personal Assistant to Mrs. Kudirat Abiola, Innocent Chukwuma, and numerous activists under the banners of the Nigeria Bar Association, Nigeria Medical Association, Nigeria Labour Congress, NUJ, PENGASSAN, NUPENG, Lagos Justice Forum,  and NANS made invaluable contributions to the struggle.

  • From ballot box to court room

    From ballot box to court room

    Despite delays orchestrated by respondents, the tribunals hearing petitions on governorship elections in Abuja, the Federal Capital Territory (FCT), are striving to meet the 180-day deadline provided for the determination of the petitions. ERIC IKHILAE reports. 

    •Tribunals race to meet 180 days deadline

    In five states, the governorship election has shifted from the ballot box to the court room. Until the court makes the final pronouncement, the fate of governors of Akwa Ibom, Borno, Rivers, Taraba and Yobe states hangs in the balance as their victory at the poll is still being disputed.

    The election tribunals are leaving no stone unturned to meet the 180 days deadline provided by the Electoral Act for the determination of petitions arising from the elections. For the first time, tribunals are sitting in the Federal Capital Territory (FCT),owing to the fear of insecurity in the affected states.

     

    Akwa Ibom

     The Akwa Ibom governorship tribunal, chaired by Justice Sadiq Umar, is sitting at the FCT High Court, Maitama. It was the first to commence trial. It has progressed considerably, with the petitioners inching close to wrapping up their case.

    The petitioners-the candidate of the All progressives Congress (APC),Umana Umana-and his party challenging the decision of the Independent National Electoral Commission (INEC) to declare Udom Emmanuel of the Peoples Democratic Party (PDP) the winner of the April 11 election.

    They want the tribunal to, among others, void the election, which they claim, was marred by irregularities and held without compliance with the Electoral Act. Although the petitioners will likely close their case this week, they have to deal with the “uncooperative attitude” of the INEC, which they have, on several occasions, accused of sabotaging their efforts to inspect election materials in furtherance of their case. Although it is obligatory under the Electoral Act for the electoral agency to make electoral materials available to parties on application, lawyers to the petitioners, including Solomon Umoh (SAN), have on different occasions, applied for extension of time for them to inspect materials used for the election.

    The petitioners have consistently accused INEC of frustrating their effort to examine the election materials, despite the tribunal’s order directing the relocation of the materials to Abuja, in view of the earlier compliant that INEC was allegedly working with the PDP, Udom and their agents to frustrate the inspection of the materials.

    Although the tribunal has ordered that all parties be present during the inspection at the INEC’s Electoral Institute, Abuja, there are fears that the petitioners may not be able to complete their inspection of the election materials and obtain their certified true copies (CTC), which they must tender in exhibit before the tribunal before the close of the case.

     

    Rivers

    At the Rivers tribunal sitting at the FCT High Court, Apo, the pace of proceedings is akin to a snail speed.

    Almost three months into the 180-day lifespan of the tribunal, it adjourned last Wednesday for the commencement of pre-hearing session where parties are to draw up a guideline on how the trail will be conducted, and in most cases, with time and days allocated to parties. This is intended to ease proceedings and reduce friction among parties.

    There are five petitions in respect of the election, which produced the candidate of the Peoples Democratic Party (PDP), Nyesom Wike as governor. The petitions are marked: EPT/RV/GOV/01/2015 (filed by LP), EPT/RV/GOV/02/2015 (by APGA and its candidate, Charles Pirinye Harry), EPT/RV/GOV/03/2015  (by SDP and its candidate, Reverend Minubim Harry), EPT/RV/GOV/04/2015 (by the APC and its candidate, Dakuku Peterside) and EPT/RV/GOV/05/2015 (by Kemka Stanley Elenmwu) and which the petitioner  withdrew.

    The Justice Mu’zu Pindiga-led tribunal, in a ruling last Wednesday, dismissed the petition by the SDP and Harry, having  found that the petition was defective and that the two grounds of the petition were not in strict compliance with the provision of Section 138(1)(a) to (5) of the Electoral Act.

    The tribunal held that the grounds were faulty, thereby rendering the petition incompetent.

    Justice Pindiga, who read the ruling, noted that the petitioners prayed that the election be voided, but failed to accompany it with a prayer for the conduct of a fresh election. Instead the petitioner prayed that he be declared winner, even when he did not score the highest votes.

    The dismissal of the SDP’s petition brought to four the number of petitions concluded by the tribunal. Others are the  petitions by the Labour Party (LP), the All Progressive Grand Alliance (APGA) and the one by Elenmwu. But, the petitions by the APC  and Peterside have not been decided.

    The tribunal has scheduled pre-hearing proceedings in the only surviving petition by the APC and Peterside for this week.  It will also hear a motion by the petitioners for an order compelling the INEC to move election materials used in Rivers to Abuja for inspection.

    The motion was informed by the petitioners’ complaint that the electoral body was working with Wike and his party to frustrate the inspection of the materials, based on the tribunal’s order made on June 11.

     

    Yobe

     Trial has also commenced in the Yobe tribunal sitting at the Nyanya Division of the High Court, FCT. The petitioners have tendered exhibits and called witnesses, including bank officials.

    The petitioners-the PDP and its candidate, Adamu Waziri-are challenging the outcome of the election won by Gaidam. They alleged that the election was marred by irregularities and corrupt practices.

    Respondents to the petition include Gaidam, the APC, the INEC, the Resident Electoral Commissioner (REC) of Yobe State, Abu Zama, and Assistant Superintendent of Police  Zakari Deba (Aide-de-Camp to Gaidam).

    On August 6, the tribunal admitted in evidence, documents relating to two bank accounts allegedly owned by Zarma. The documents, which included bank statements and payment tellers, were tendered by petitioners in their effort to prove their claim that the governor, Ibrahim Gaidam allegedly paid N15million to the REC’s accounts before the election.

    It is part of their allegations that Deba aided Gaidam to pay N8m into Zama’s account with Diamond Bank and N7m into his Zenith Bank account on April 8.

    Petitioner’s lawyer Abiodun Owonikoko (SAN) led two officials of Zenith and Diamond banks in evidence, during which they tendered the bank documents, which the tribunal admitted.

    The official of Diamond Bank (Damaturu Branch), Bamaji Kukawa, said the bank statement showed that N8m was paid into Zarma’s account on April 8 by Deba.

    “Before the April 8, 2015 entry, the bank account had N28,143.60k. The depositor was Zakari Deba,” Kukawa said in response to questions from Owonikoko.

    He added that on April 13, the statement of account showed that N8m was withdrawn from the account in favour of Saleh & Hanif Company, with 25,011.45 left as balance in the account as of the end of the period covered by the statement.

    Head of Operation, Damaturu Branch of Zenith Bank, Umar Alkali said Deba deposited N7m into Zarma’s account with the bank on April 8.

    He noted that at the end of the period covered by the statement of account, which he tendered, a balance of N1,345,503.38 was left in the account.

    Counsel to Gaidam and the APC, Yusuf Ali (SAN), while cross-examining the witnesses asked if any of the bank documents tendered reflected the office of the Resident Electoral Commissioner of Yobe State as the owner of the accounts.

    He also asked whether photograph of a depositor lodging money into an account is required to be captured before carrying out such transaction. Kukawa and Alkali answered both questions in the negative.

    The tribunal led by Justice Mojisola Dada consequently admitted the exhibits through the bank officials, who were subpoenaed upon the petitioners’ request. Proceedings at the tribunal resumes today.

     

    Taraba

    At its inaugural sitting last month, the Chairman of the Taraba tribunal, Justice Musa Danladi Abubakar, cautioned lawyers in the only petition before the tribunal to avoid unnecessary delay. He promised that the tribunal will do its best to ensure that it stays within the 180-day provision.

    The only petition before the tribunal was filed by the APC governorship candidate, Hajia Aisa Alhassan, and her party. The petitioners are challenging the outcome of the last governorship election in Taraba State, won by Ishaku of the Peoples Democratic Party (PDP). It is part of the petitioners’ contention that the election was marred with irregularities. They want the election voided.

    On August 1, the tribunal rejected a motion by INEC, asking the tribunal to relocate to Taraba State. INEC had faulted its sitting in Abuja on security ground. Magaji’s request for the tribunal to proceed with the hearing of his clients’ petition was opposed by lawyers to the respondents – Ishaku, PDP and INEC).

    Shortly after the ruling, parties engaged in serious dispute as to how the tribunal should proceed. While petitioners’ lawyer, Mahmud Magaji (SAN), was of the view that the tribunal could hear the petition along with the respondents’ motions, challenging the competence of the petition, respondents’ lawyers led by former Attorney General of the Federation (AGF), Kanu Agabi (SAN) urged the tribunal to act otherwise.

    They contended that it was the tradition that a court or tribunal must first deal with motions challenging the competence of a petition or a suit before assuming jurisdiction over suit a suit or petition.

    They argued that the tribunal must first determine whether or not the petition was competent for it to determine whether or not to exercise its jurisdiction to hear it.

    Magaji, in a counter argument, cited the provision of Paragraph 12(5) of the First Schedule to the Electoral Act which, he said, made it mandatory for an election tribunal to hear any objection to the competence of a petition along with the petition.

    He argued that since election petition proceedings were peculiar, the regular rules of court do not apply. He noted that time was of the essence in electoral cases.

    Magaji faulted the respondents’ reliance of the provision of Paragraph 18(7)(d) where it was provided that a tribunal may decide any objection before proceeding to consided the main petition.

    “The word ‘may’ used in Paragraph 18(7) is persuasive. It allows for the exercise of discretion by the tribunal. But, the word ‘shall’ used in Paragraph 12(5) is mandatory,” he said.

    He noted that the tribunal had, at its inaugural sitting, cautioned parties against delay and elected to take all preliminary motions with the petition.

    The tribunal ruled on August 4 upholding Magaji’s argument. At its last sitting last week, the tribunal adjourned to August 13 for the commencement of trial.

  • Two arrested with ballot box, arms

    Two suspected ballot box snatchers were, on Saturday, arrested by naval officers at Igbokoda in Ondo State.

    Operatives of the Western Naval Command’s (WNC’s) Forward Operating Base (FOB) swooped on the suspects as the House of Assembly election was going on.

    It was learnt that the armed suspects engaged the naval personnel in a battle; the third person escaped with gunshot injuries.

    WNC spokesman Lieutenant Commander Abdusalam Sanni said the suspects had been handed over to the police.

    He said five pump action rifles and ammunition were recovered from the suspects.

    Sanni hailed the command’s security arrangements, adding that the waterways were safe during the polls.