PLASIEC chairman, Plangji Cishak, gave the assurance during a stakeholders meeting held in Jos.
According to Cishak, “As we work towards the local governments election, citizens of the state have continued to express their desire for us to “write our names in gold” by conducting credible elections.
“This aspiration of our citizens weighs heavily on us as we approach October 9, and we are committed to fulfilling it.”
Cishak stressed: “I would like to express my heartfelt appreciation to our Executive Governor, Barr. Caleb Mutfwang, for entrusting my team and I with the immense responsibility of overseeing this crucial electoral process.”
On the plan of PLASIEC to stage a mock election in 6 LGs, the commission chairman said, “This election will also mark a significant milestone in the history of PLASIEC, as we are introducing electronic components for the first time, including a state-of-the-art Voter Verification Software developed exclusively by our ICT team.
“This innovation is designed to ensure that only eligible voters can cast their votes, a crucial step toward making sure that the voices of the Plateau people are heard and respected. Massive infrastructural investments have been made to cater for the effective deployment of this innovation.
“As we continue our preparations, a mock election is scheduled for September 28, 2024. This exercise will serve as a test run for the Voter Verification Software and will help us identify any potential challenges before the actual election day. Our goal is to ensure that everything runs seamlessly on October 9, and we are dedicated to learning from this mock election to enhance our processes”.
The standard-bearer of the All Progressive People Alliance (APGA) Peter Otuechere Amuchie, has reacted to the just-concluded Imo local government election.
The Imo State Independent Electoral Commission (ISIEC) had hinted elections may not hold in Onuimo, Okigwe and Orsu local government areas due to insecurity.
Reacting to the conduct of Saturday’s poll, the APGA chairmanship candidate alleged no election was conducted in Aboh Mbaise local government area.
Amuchie said: “There was no election in Aboh Mbaise, as far as Aboh People are concerned.”
Continuing, he explained that neither election material nor any ad-hoc officer of ISIEC was spotted in any of the polling units across the local government.
“As at 8:00am, up till 8pm on Saturday, the 21st day of September 2024, no election material was spotted in any of the polling units in Aboh Mbaise.
“No Ad-hoc officer was on ground, no list of Ad hoc officers was published. We went round the polling units in Aboh Mbaise and couldn’t spot any electoral officer or materials.
“This is a display of shame, negligence to the rule of law and the people, undemocratic, a slap on the face of Mbaise stakeholders and Imo state at large. We, as the people, must stand up against tyranny and uphold democracy,” Amuchie stated.
Hashim Akintunde Abioye is a lawyer, and the Chairman of the Osun State Independent Electoral Commission (OSSIEC), in this interview with Gbenga Aderanti, he talks about the forthcoming local government election in the state, why the State Electoral Commissions (SIECs) rather than Independent Electoral Commission (INEC) should be allowed to continue to conduct the local government elections, OSSIEC’s preparation for the local government election in 2025, and others. Excerpts
THE local government election will be held in February 2025, how prepared is the commission for the exercise?
We gave notice of the election in February 2024, in compliance with the electoral act and OSSIEC law, both laws provide for 360 days, at least 360 days before you can hold an election. We rolled out the timetable, published it, circulated it to all the political parties, and you will see that according to the timetable we have been carrying out our activities in line with the schedule of activities.
We have passed the state of primary elections by the political parties; we are now at the stage of verification. For the first time, in the history of this commission, we set up a verification committee to look at the credentials of candidates of the political parties, as a result of that and some other things, regarding their eligibility to contest the election.
The members of the Verification Committee are people of integrity, people who have served the country in the past and some of them are still serving up till today. Nobody can point a finger at any of the verification committee members. They are people of high repute in society. We are awaiting their report. The time for publication of the name is close by, it is after the Verification Committee must have submitted its report, and after the commission must have considered the report, we will now publish the names of candidates of political parties, who have been cleared to contest the election.
Following that, other activities as lined up in the timetable that have to do with campaigns and rallies, will follow, and then the training of ad-hoc staff we have commenced. We have started the retreat for commission members, training of electoral officers, and assistant electoral officers.
We will start recruiting our ad-hoc staff any moment from now. Their training and all that will be part of what we will be doing in the next few days. That is how it has been and that is how it will be throughout the period of election as outlined in the timetable.
I read a piece where a retired INEC member, Dr. Agboola said that for the first time, OSSIEC would be conducting free, fair, and credible elections. Does that mean the past elections were not free, fair, and credible?
Yes, I would want to say one way or the other that on two occasions to the best of my knowledge, this commission had fallen under the hammer of the court. This commission had come under the red pen of the judiciary in 2010 and 2022. In 2010, the Supreme Court invalidated the local government election, conducted by this commission in 2007 on account of illegal notice that the notice given was not in compliance with the provision of the Electoral Act. The same happened in 2022 when the court nullified the election conducted by this commission. Incidentally, I was the one that prosecuted that of 2022 in court when I challenged this commission then in good conscience. I never knew I would be here. I never knew I would be appointed. I challenged the election conducted by OSSIEC in 2022 in court, and it was based on the precedent set by the Supreme Court in 2022, OSSIEC vs Action Congress we contested that in court, and the court agreed with us, the court nullified the election.
If Dr. Agboola, you know his pedigree, he was with INEC for some years, a retired INEC commissioner for that matter, could come up with that opinion that this commission is doing wonderfully well, I think I would want to agree with that because I witnessed on two occasions the election conducted by this commission had been nullified by the court, so we are doing everything possible to ensure that this commission does not fall under the hammer of the court again. We are doing everything that we can do not to falter under the side of the rule of law and on the side of due process. So far so good, we have been having it so good.
Up until 1979 the state’s electoral umpires were regarded as the State Electoral Commission, it was the 1979 Constitution that established the State Independent Electoral Commission (SIEC). How independent are the SIECs?
Well, I would like to tell you that the problem with SIECs generally is not particular to any state-independent electoral body. It is general, and it is in terms of administrative operational and financial autonomy, that is just the main issue. What do I mean by this? If you are talking about financial autonomy, it is the state government that will finance the state Independent Electoral Commission. SIEC is in the constitution, it is one of the executive bodies established for the state by the 1979 Constitution that is why we are saying that if there is going to be a replacement for the state electoral bodies at all, it has to be through the constitution, no other law, no other legislation can come up today and supplant what is contained in the constitution unless what is contained in the constitution itself, so that is it about that.
What we are saying is that independence of the state electoral bodies in terms of finance, all state electoral bodies are dependent on states for finance. If we are talking about that it is that if you prepare a budget, it is the state executive that will look at the budget. The budget has to go through the House of Assembly before it becomes law before it will become implementable.
It is not that the independent state electoral bodies have any financial autonomy, to the extent of having all the resources they would need for an election in an election year ahead of the election year as it operates at the national level. That is in the area of financial autonomy.
Going to the area which you specifically questioned, that is the area of the insinuation that it is always the ruling party that dictates the tune for the state independent electoral body, let me say these political parties are not doing good for the masses, they are not doing so well for the parties. Sentiments, emotions, suspicion, and unreasonableness, are some of those ills that affect the operations of the State Independent Electoral Commissions. For example, if a state Independent Electoral Commission rolls out its activities, this is what we want to do, you will see the major opposition party launching severe attacks that “No you cannot be independent, you cannot be this, you cannot be that.” Attacks here and there, the next thing you will hear is pulling out of the process. If you pull out of the process, that is like a walkover. Pulling out of the process, and not participating in the process is the bane of the conduct of the local government elections. You know it is happening in some states now.
For the first time in the history of this commission, all the registered political parties that have a presence in this state, 18 in all, are participating in this process. They have seen our sincerity, our fairness, and our transparency.
It is always difficult for parties or candidates to accept the outcome of the electoral process when they lose. Why is this so?
Well, litigation is part of the election process; you will see that there is nowhere throughout the entire world where you will have an election process that will not have provisions for litigation. It is part of our law; it must be part of our law; and indeed it must be part of our law, In fact, without provisions for litigation, and for the court intervention in the process, definitely the law is not complete.
Before, during, and after the election, there are processes and if anyone feels aggrieved, or is not comfortable with any of the processes, the best way to address that issue is to approach the court. You cannot remove litigation and everyone has the right to go to court and it now depends on what you make of your evidence or your facts before the court. So litigation is part of the election process.
What is your take on the call for the Independent National Electoral Commission to take over the conduct of state elections?
Well, I said it in the past and I will still say it that we will all come back to regret it, not because I’m the chairman of the commission today, not because I’m in the saddle as the chairman of OSSIEC, but we have been agitating for true federalism and we are already saying the exclusive legislative list in the constitution is already overloaded, is already overburdened. There was a time in the past when the national electoral body was responsible for conducting local government elections, it is the same thing. Where you see the ruling party taking the show all over and it was a time when the national electoral body was responsible for the conduct of local government elections. Even as we have it today, don’t we have some states where you say it is a go area for any other political party than this party? What are people saying regarding that, are you telling me that the INEC is infallible?
What I’m saying is that instead of calling for the scrapping of the state-independent electoral bodies, call for their strengthening. We can tie their operational and financial autonomy to that of the Independent National Electoral Commission. It is like what we have in the issue of voter registers, no state electoral body has the competence to compile voters register. We make use of voters’ registers compiled by the INEC. Our responsibility as stipulated in the constitution is to assist and advise the INEC regarding the voters’ registration and all that but we make use of the voters’ register compiled by the INEC and if you are making use of the voters register compiled by INEC, that is an operational issue. It is an administrative issue, if that could be tied to that of INEC, you can tie the finances of the states’ independent electoral commissions to INEC as well by having their finances and all that to be charged on the consolidated revenue as we have for INEC, it could be done at the national level. They can amend the law to the extent of giving true financial autonomy to state Independent Electoral Commissions, by tying their financial autonomy, and operational and administrative strategies to that of INEC for example for OSSIEC, so so, the amount is projected, this amount is hereby charged on the consolidated revenue fund and when it is time for us to make use fund, we asses it from where it was deposited, so, instead of calling for an outright scrapping of states independent electoral commissions, I will call for their strengthening and their overhaul.
You once contested on the platform of the Peoples’ Democratic Party (PDP)…
I’m not any longer.
You may have your biases…
No, no, no. The thing is that I have effectively removed that toga of partisanship. I have put the clothes somewhere else; ever before my appointment since I got the wind of the appointment, I effectively resigned my membership of the Peoples’ Democratic Party.
I think what people should be looking into is the integrity of the process, the transparency, and the reform that we have brought into the commission since we came on board. If you were here before we came on board, you would not have any place to sit. It was when we came that we renovated this place. Before we came on board, there was no single computer, there was no single ICT facility when we came on board and this was a commission to which close to N2bn was devoted between August and October 2022 we did not meet, not even a single system, but today we can boast of ICT facilities, at least some infrastructural facilities that is the area we should be looking at.
The toga of partisanship, that was in the past, this is a new Hashim Abioye, a ‘partyless’ and no -partisan Hashim Abioye.
The September 21 governorship election in Edo State can only be credible, free and fair, when the right things are done by all the stakeholders, not just by officials of the Independent National Electoral Commission (INEC) and politicians.
This position was made by eminent personalities in Benin, the Edo State capital, at the public presentation of a book, titled: “Stakeholders, Elections and Democracy in Nigeria: Emerging Trends, Problems and Prospects,” written by Ohen-Osa Harrison Okao.
It was indeed an expression of disappointment and near frustration by Nigerians from all walks of life on the state of democracy in the country, where the right things were hardly done the proper way.
The book reviewer, Prof. Aiguosatile Otoghile, expressed displeasure that vote buying was becoming part of Nigeria’s democratic processes, adding that the trend must be stopped.
He said: “Some electorate now consider their voter cards as Automated Teller Machines (ATM) to be put into ballot boxes, and collect money on the day of election. Elections, which ought to be the epitome of popular sovereignty, sometimes become its subversion by stakeholders.
“The police and other security agencies have found themselves rendering poor services in the hands of incumbent governments, to the extent that they have mortgaged their integrity and respect in the eyes of the public. The judiciary has not also helped the situation or matters. The press and INEC are also part of our undemocratic processes.”
The author of the book, Okao, who is the founder and Director-General of the Centre for Good Governance, Development, and Socio-Cultural Advocacy, declared that the electoral umpire (INEC) did not live up to the expectations of Nigerians in the 2023 general elections.
Okao urged the commission to do better in the Edo governorship election. He said: “This book is supposed to be a watchword and challenge to INEC in this coming Edo State governorship election.
“If INEC can get this book, and analyse the roles they play in the past, if they want to toe that part or come out with something new, it will guide officials of the commission.”
Chairman of the occasion, Prof. Kessington Obahiagbon, who was represented by Prof. Kingsley Obahiagbon, described the book as a laudable and timely initiative.
On 9th February 2024, I wrote Part 1 of the topic on my reflection today. In that episode, I reflected on some of the mechanics and dynamics of the political landscape in the United States of America (US, or USA) building up to the 2024 Presidential elections. Today, I will further my analysis of the political permutations and combinations with the attendant potential outcome of the elections.
THE USA GOING THROUGH A PHASE OF POLITICAL METAMORPHOSIS?
One of the points I made in the 9th February episode of this Column was that, in my view; the USA is undergoing a phase of political metamorphosis with both the Republican and Democratic political parties undergoing sublime internal ideological restructuring which will ultimately impact the mid to long-term political outlook of the Country.
Indeed, it turns out that my postulation is becoming true; as President Joe Biden bowed to pressure and stepped down while endorsing Vice President Kamala Harris as the Democratic Party’s Presidential nominee. This is due to the fact that a lot of us, including members of the Democratic party, were raising concerns with the Democrats that President Joe Biden was not a strong contender despite his power of incumbency; due to the obvious and worsening state of health and some strategic policy missteps. Therefore, President Biden’s stepping aside from contesting and nomination of Kamala as the Democratic party’s nominee is a deft and strategic move. The move has caused a major political upset in the political history of the USA, especially when it only happened after the Republican Presidential candidate and former President, Donald Trump had crafted his strategy and picked Senator JD Vance, as his Vice Presidential candidate, and Mr. Trump and his supporters in the Republican Party were already having a field day, due to the galloping polls that were in his favor – no thanks to President Biden’s gaffes, slips, and mental breakdowns which culminated in the debate he had with Trump in about two months ago in Atlanta Georgia; where a clearly incoherent candidate Biden failed to impress even his most devoted supporters within and outside the US.
I must say that the Atlanta debate was the tipping point for the Democratic party power brokers like former Speaker Nancy Pelosi, The Clintons, and then subsequently the Obamas as they were able to influence President Biden to do the right thing, i.e. to give up his second term aspiration in the interest of the Democratic party’s stability and a better chance to win the elections. By finally taking that step, because it was completely up to him to push on and fail, I give kudos to President Biden for being a leader. More importantly, he didn’t go without landing a last punch on Donald Trump with his nomination of VP Kamala Harris – This I consider a “sucker punch”! This is because Donald Trump’s political calculus was based on Biden running – pure and simple, and he crafted his strategy including the choice of his VP candidate, the punch line, and the communication strategy including advertisements based on that seemingly settled reality! Mr. Biden demonstrated political sagacity with the deft move at the instance of his Party’s power brokers.
Vice President Kamala Harris’s emergence as the Democratic party’s presidential candidate and the huge acceptance and the “Wow” effect it is having on the Democrats and even Republicans-who were taken aback by the development, has already set candidate Kamala Harris on a good campaign start and building critical momentum with the huge potential of becoming the first female President of the United States of America. The democratic party is now unified, and the cracks of doubts and frustrations that initially started forming due to Biden’s candidacy have disappeared. This is important for the Democrats – Unity of purpose is key! The US public, especially the undecided voters, is now looking at a new scenario with keen interest because, like her or not, Kamala Harris presents some kind of freshness albeit with some legacy issues of her own and those of President Biden’s administration which she cannot extricate herself from.
The nomination of Kamala Harris has sent Donald Trump’s camp into a frenzy, with Donald Trump escalating his verbal abuses and attacks, speaking outright lies, misinformation, and disinformation, and throwing tantrums which in my view will not really help his campaign. In my opinion, for Mr. Trump to make tangible progress in his campaign, he should focus on the issues. Indeed, nobody can wish away the importance and influence of Trump’s MAGA (Make America Great Again) movement in current American politics. Donald Trump has become a phenomenon (good or bad) that cannot be ignored or waved away. But his behavior is eroding his opportunities. Therefore, I think candidate Donald Trump and his campaign team need to focus on the issues especially as the campaign becomes hotter with the debates coming up. Donald Trump needs to focus on the Homeland and Foreign policies missteps of President Biden, which Kamala Harris is part of.
FOCUS ON THE ISSUES, POLICIES, AND SUBSTANCE WILL WIN THE RACE
Focusing on facts and figures and not fiction and linking them to Kamala Harris as part of the Biden administration will help Donald Trump’s campaign and not the verbose onslaughts on what I call micro or non-issues, sentimentalities, or personalization of issues.
For Kamala Harris, the momentum is good, the acceptance is growing, but the game is just starting. She should not rest on her oars and take this initial momentum for granted and her campaign team should not for a moment be complacent but actually brace for one of the most toxic and tough campaigns – even tougher than that of Biden versus Trump. The days ahead will be crucial. The messaging should be based on substance, character, and values. Moving forward, much as Kamala is part of Biden’s administration, she should demonstrate independence of opinion without disparaging the Biden administration that she is part of. She should show that she can creatively and strategically, have a better value-proposition to Americans than what President Biden offered or what he is currently doing. For example, with regards to the Israel-Palestine war in Gaza, and other global geopolitics. I do not expect many ideological changes in Kamala’s strategic and policy messaging.
Essentially, the win will not come to Vice President Harris on a platter. It will be a neck-to-neck campaign and elections. Therefore, complacency should not be contemplated by Kamala Harris and her team. They know better than I do, that Donald Trump is tough, popular, and relentless with high electoral value, based on a support base that believes that the establishment is against him and therefore they see him as a victim of the establishment and their MAGA hero – that is a powerful combination in favor of Trump.
Being practical and pragmatic on the issues that concern Americans will be key. The days ahead will be very interesting as this keen contest unravels. Americans and the world in general, will be watching out for the ultimate outcome of the elections. This is especially true with the fear-mongering and gaslighting by candidate Donald Trump, stating that should he not win, there could be a crisis. He is already reeling out the same election malpractice narrative from the 2020 elections.
Conservative Republicans like Representative Liz Cheney, who openly stated that they would vote for Kamala Harris are a very important value addition to Kama Harris’s campaign and speaks volumes of the momentum of her campaign. So definitely there will be protest votes from the camp of the Republicans. However, much as these protest votes will add value to the optics and campaign of Kamala Harris, those votes will not tip the scale, albeit the votes will go a long way to muster more support for Kamala.
Gun violence, rising racism and race-related violence, hate speeches promoted directly by Trump and surreptitiously by Biden (in support of the onslaught on the Palestinians), etc. will be some of the issues that the candidates will be addressing.
WHAT IS IN IT FOR AFRICA?
In my view, when it comes to Africa, I don’t expect much from the outcome of the US elections. Whoever becomes the President of the United States of America, whether it is Kamala Harris or Donald Trump, THE US agenda for Africa will pretty much remain the same- nothing much of substance for us. The US and the Western powers will continue to feather their nests at the expense of Africa and Africa. Therefore, my interest is from the global geopolitical point of view. When it comes to Africa or Nigeria, I do not expect significant positive changes.
Of course, it also speaks volumes with regard to the fact that “Africa is on its own”. We, the people of Africa in general and Nigeria in particular need to do the needful to come out of our political, and socio-economic doldrums. That being said, when the dynamics are escalated with global socio-economic impacts, for example, what is happening in Sudan, where the US and Russia are majorly he unseen hands; then we should take note with regard to the political dynamism of the emergence of the next President of the United States of America, so that we can strategize, plan, hedge and position for better survival, growth and sustainable development.
Journalists have been advised to be socially responsible in the coverage and reportage of events, especially the forthcoming September 21 Edo State gubernatorial elections. Giving the advice at a recent media engagement in Benin City, the Edo state capital Executive Directors Centre for Media and Society (CEMESO) Akin Akingbulu and International Press Centre (IPC), Lanre Arogundade charged member of the fourth estate of the realm to be professional in the performance of their duties.
Akingbulu urged journalists to fulfill their duties in providing professional coverage and voter education stressing the importance of understanding the local electoral landscape and consistent engagement to ensure citizens are well-informed and prepared to participate in the election.
He noted that the people of Edo State, along with other democratic stakeholders, are eager for a free, fair and credible election. He also encouraged media professionals to contribute positively to the process by promoting peaceful conduct, preventing malpractices and ensuring the participation of all citizen groups.
Akingbulu disclosed the event is part of the European Union Support for Democratic Governance in Nigeria (EU-SDGN) Phase II Project, which aims to strengthen Nigeria’s democratic processes by enhancing the media’s role in providing fair, accurate, and inclusive electoral coverage. He stated that CEMESO in collaboration with the IPC is working to improve the professionalism of media practitioners.
This, he said, includes building capacity to tackle misinformation and disinformation, diversifying civic and voter education and ensuring inclusive electoral coverage, particularly for women, youth and persons with disabilities (PWDs).
Arogundade highlighted the Nigerian Media Code of Election Coverage, which outlines guidelines for equitable representation, professionalism, social responsibility, and ethical conduct.
According to him, ‘the code emphasises accurate and impartial voter education, dissemination of information in indigenous languages, and clear identification of political advertisements.’
He underscored the media’s responsibility to uphold highest standards of ethics and professionalism in voter, civic education and election coverage.
Programme Manager CEMESO, Timothy Bamidele said that the project’s media support focuses on enhancing the professionalism of media practitioners.
The initiative, he noted, addresses misinformation and disinformation, promotes effective civic and voter education, encourages the use of the Freedom of Information (FOI) Act, and fosters inclusivity in the electoral process with particular attention to women, youth, and persons with disabilities.
Edo State Chairman Nigeria Union of Journalists (NUJ) Festus Alenkhe and the state Chairperson of the Nigeria Association of Women Journalists (NAWOJ), Adesuwa Ehimuan described the training as timely and acknowledged the challenges faced by the media such as the need for neutrality and the potential for misinformation and disinformation.
In an effort to enhance electoral governance for credible elections in Nigeria, the Electoral Hub has launched a comprehensive book detailing the history and activities of Election Management Bodies (EMBs) since 1958.
The convener, Princess Hamman-Obels, introduced the book, titled “The Electoral Hub,” along with a photo book featuring the chairmen of electoral commissions in Nigeria.
She explained that the publication aims to stimulate interest and collective action towards achieving quality democracy in the country.
The idea behind the book is to stimulate the interest of the people, share insights from the research with the broader audience from the research, and garner the perspective of experts, age, and regional inclusiveness within EMBs.
She said: “Over the years, from the pioneering efforts of the Electoral Commission in 1958 to the current operations of the Independent National Electoral Commission (INEC), the research has been a comprehensive analysis that provides actionable insight.”
This examines the actions of successive election management bodies and their contributions to the evolution of our electoral process, including aspects such as gender, EMBs have consistently played a pivotal role in enhancing the quality of our elections.
She urged stakeholders to actively engage with findings and provide insights.
Speaking, the INEC chairman, Professor Mahmood Yakubu, who was represented by Professor Abdullahi Zuru, noted that sovereignty in any democracy lies with the people, adding that they express this through the process of elections.
He explained that the book chronicles the activities of the various EMBs Nigeria has had since independence.
SANs: don’t terminate governorship, other petitions at Court of Appeal
For two days last week, judges and other justice sector stakeholders reviewed the extant election litigation mechanism and came up with some recommendation on how to rework it. But, lawyers are divided on the propriety of the suggested modifications, writes Assistant Editor ERIC IKHILAE
No elected official should take the oath of office until tribunals decide all petitions.
This is the position of the Justices of the Court of Appeal and other judicial officers who participated in determining the petitions filed post-general election last year.
However, some senior lawyers hold a different view on some of the recommendations reached after the parley.
The jurists and stakeholders gathered in Abuja between May 20 and 21 to review the performance of the Judiciary in the last post-election litigation season.
The event was the 2023 election petition tribunals/court and appeals review workshop for Justices of the Court of Appeal, Chairmen and Registry members of the staff of election petition tribunals.
It was put together by the Court of Appeal, with support from some development partners.
By the time the curtain came down on the programme, which featured four sessions, all the components of the extant election litigation mechanism were exhaustively analysed and recommendations were made on how to modify it for effectiveness.
Reason for the gathering
President of the Court of Appeal (PCA) Justice Monica Dongban-Mensem explained that the workshop was to review the performance of the Judiciary in the 2023 election litigation season, identify areas of shortcomings and work on ways to improve the process.
The PCA, who noted that the 2023 election litigation season was “very, very difficult and challenging” in view of the volume of cases filed, commended the judicial officers involved for a job well done.
She said 99 panels, comprising three judges each, were set up, which showed that many judges were taken out of our judicial system during the process.
Chief Justice of Nigeria (CJN), Olukayode Ariwoola, noted that the 2023 election opened a new vista in adjudication in political matters in the country.
He added: “No doubt, the adjudication on the 2023 election petitions came with varied challenges that have to be critically assessed and reviewed in order to forge a much better way forward.
“In those areas that we have done well, we can literally eulogise ourselves and strive to improve on them, as self-praise is no viler an offence than self-denial.
“As for those areas that our inadequacies are manifestly obvious, we have to properly address them and bring on board new methods and approaches that would whet our appetite for success.
“We must intensify efforts in engaging in those activities that will earn us more accolades than vilifications.”
Attorney General of the Federation (AGF) and Minister of Justice, Lateef Fagbemi (SAN), hailed the Judiciary for the role it has continued to play in the nation’s electoral process.
Civil society’s perspective
Rights activist, Clement Nwankwo, of the Policy and Legal Advocacy Centre (PLAC), reminded the gathering about the important role which democracy places on the third arm of government and why it must always play such effectively.
Nwankwo noted that the involvement of the Judiciary in the elections has continued to be very important, adding: “What that means is that there are a lot of expectations from the Judiciary.”
He observed that citizens’ perception of the Judiciary has become much more prominent and advised that it was an issue that the Judiciary must address by ensuring that its judgments and other decisions reflect justice.
Nwankwo said: “For a lot of Nigerians, the ability of the courts to dispense justice is always the basis of trust and confidence in Nigeria’s Judiciary.”
A key player’s perspective
Alhassan Umar (SAN) of the Independent National Electoral Commission (INEC) noted that the path to strengthening the integrity of the electoral process and rebuilding public trust requires the concerted efforts of all stakeholders.
Achieving these, he added, requires robust legal frameworks, effective enforcement mechanisms, and a commitment to inclusive electoral practices by all.
He tasked the civil society, media, political parties and others with the responsibility of embarking on massive sensitisation of the public on the rudiments of electoral laws.
Umar was of the view that knowledge of the law should not be left exclusively to lawyers.
He added that it was only through sustained engagement and collective action that the country could overcome its electoral challenges and fulfill the promise of democracy for its citizens.
“Moving forward, addressing the root causes of electoral malpractice and restoring public trust will require sustained efforts from all stakeholders.
“Strengthening electoral institutions (both at the national and state levels) through improved funding and capacity building, enhancing legal frameworks, and promoting civic education are essential steps towards shaping public perception of Nigeria’s electoral process.
“By working collaboratively, Nigeria can achieve a more inclusive and participatory electoral process, building upon the innovations and achievements of INEC, in the overall interest of democracy in Nigeria,” Umar said.
The recommendations
Recommendations included that election disputes should be concluded before any winner of an election takes the oath of office:
•The Constitution should be amended to provide that all pre and post-election matters shall be heard and determined before the winners of the election take the oath of office.
• Section 187 of the 1999 Constitution should be amended to include a new sub-section stating clearly that the disqualification or non-qualification of a Deputy Governor shall not affect the Governor-elect or governorship candidate of a political party.
• Section 246 (3) of the extant constitution is proposed to be altered to reflect the finality of the decisions of the Court of Appeal in all election appeals, governorship appeals inclusive.
• All pre-election appeals should terminate at the Court of Appeal.
• Paragraph 25 (2) of the First Schedule to the Electoral Act that deals with Quorum be incorporated into Section 285 of the Constitution of the FRN 1999 (as amended) to read as follows: If the Chairman of the tribunal or the presiding justice of the court who begins the hearing of an election petition is disabled by illness or otherwise, the hearing may be recommended and concluded by another Chairman of the tribunal or presiding justice of the court appointed by the appropriate authority.
• Section 285(7) & (12) of the Constitution should be amended to state as follows:
Sub-section 7 should read: “An appeal from a decision of an election tribunal or Court of Appeal in all election matters shall be heard and disposed of within 60 days from the date an appeal is entered in the Court of Appeal or the Supreme Court,” and “not when judgment is delivered.”
Sub-section 12 should read: “An appeal from a decision of a court in a pre-election matter shall be heard and disposed of within 60 days from the date an appeal is entered in the Court of Appeal or the Supreme Court,” and “not when notice of appeal is filed.”
Participants resolved that the state of the law on the transmission of results must be revisited and reviewed to avoid the kind of controversy surrounding the transmission of results in the 2023 elections.
They suggested that the law should be amended to create an exception where a subpoenaed witness can still give evidence so long as the fact supporting his evidence or testimony is captured in the petition at the time of filing.
Participants called for the deletion of Section 137 of the Electoral Act, 2022 which deals with burden and standard of proof because it has not dislodged or displaced the burden and standard of proof enacted in sections 131-136 of the Evidence Act.
The participants asked that Alternative Dispute Resolution (ADR) be introduced into the Electoral Laws with the passage of the Arbitration and Mediation Act 2023.
They added: “The number of Justices of the Supreme Court and Court of Appeal should be increased to make justice accessible to the Nigerian people.
“The negative publicity in which the Judiciary is portrayed in bad light by the social media and other forces associated with it should be countered by a robust communications/media department to be established by the respective courts.”
Lawyers’ perspectives
Lawyers are, howeve,r divided on the propriety, plausibility and the applicability of the recommendations.
Joseph Nwobike (SAN) and Mike Ozekhome (SAN) have no problem with most of the recommendations, particularly, those which suggest the conclusion of election dispute before a winner subscribes to the oath of office.
Akinlolu Kehinde (SAN), John Baiyeshea (SAN) and Oluwole Adaja commended the process review initiative but identified challenges in the application of most of the recommendations.
Nwobike said he completely agreed with the proposals, particularly the suggestion that all litigations should end conclusively before the winners are sworn into the elected offices.
He added: “This suggestion, coming from the judges themselves, is a welcome development and will advance the core values of democracy in Nigeria.
“I also believe that, if the proposed amendments are made to the existing provisions of the Constitution, all the parties concerned, including INEC, will align themselves to the law and Nigeria will be the better for it.
“In my view, it will mean that elections will have to be conducted earlier than what is obtainable at the moment,” Nwobike said.
Ozekhome said he agree with many of the recommendations because “they aim to enhance the efficiency, fairness, and transparency of the present warped electoral process.
“However, I hold a differing opinion on some of the recommendations. For example, the recommendation that the Court of Appeal should be the final arbiter in governorship election disputes can not fly,” Ozekhome said.
He described as salutary and commendable the recommendation that election disputes should be concluded before swearing-in.
“Ensuring that all post-election disputes are resolved before the winners take office would promote stability and ensure legitimacy in governance.
“It would also prevent situations where elected officials face legal challenges while in office, which are invariably disruptive and serve as a major distraction to elected persons who bellyache as to whether or not they would eventually sail through.”
Ozekhome faulted the recommendation that all pre and post-election disputes should terminate at the Court of Appeal.
He said: “While expediting the resolution process is important, governorship and Senatorial election matters should undergo an additional layer of scrutiny by the Supreme Court, the final court of the land.
“Given the significant impact of governorship and Senatorial elections on state and Senatorial zones governance, it is crucial for the highest court to provide a final, definitive ruling to ensure comprehensive justice and avoid debacles.
“This opinion is particularly relevant in the light of the recent 2023 elections, specifically the Plateau State election petitions, where the Court of Appeal invalidated the victories of more than 23 lawmakers from Plateau State, elected under the People’s Democratic Party (PDP).
“The nullifications were based on alleged irregularities in the nomination and sponsorship processes of the candidates by their political party, which was said to ‘have no structures ( whatever that meant).’
“These decisions were perceived as bizarre and legally untenable by both legal and political observers for several reasons.
“Firstly, the Court of Appeal’s judgments appeared to arbitrarily overturn settled judicial precedents regarding who has the standing to challenge alleged irregularities in a candidate’s emergence at an election tribunal.
“Additionally, there was significant debate over whether such complaints could be cognized by an Election Petition Tribunal, given its narrow jurisdiction under Section 285 (1) and (2) of the 1999 Constitution, as amended,especially as they are pre-election matters.
“More importantly, these decisions were seen as unjust because the Court of Appeal served as the final court in these matters, leaving the candidates without the opportunity to further appeal to the Supreme Court for justice.
“This situation underscores the need for both governorship and senatorial election disputes to reach the Supreme Court to ensure fairness and uphold democratic principles,” he said.
As a way of discouraging parties from filing frivolous appeals while maintaining the right to a Supreme Court review, Ozekhome suggested the imposition of a heavy non-refundable pre-filing deposit fee of N10 million should be imposed.
On the recommendation that the state of the law be reviewed on the issue of transmission of results, Ozekhome said revisiting and reviewing the laws on result transmission is crucial to prevent controversies like those in the 2023 elections that put Nigerians on tentacles.
He added: “Ensuring clear, transparent and reliable procedures for transmitting results will enhance the credibility of the electoral process.
“The difference between ‘transmit’ and ‘transfer’ should be clearly defined and demarcated.”
Ozekhome also hailed the suggestion that subpoenaed witnesses be allowed to give evidence.
“This amendment would ensure that relevant testimonies are not excluded simply because they are not front-loaded with the petition itself, thereby supporting a thorough and fair examination of the facts in election disputes.
“How does a litigant front-load documents denied him by INEC even after a court or tribunal grants permission for inspection and use of such electoral materials?”
Ozekhome noted that the suggestion for the increase of Justices of the Supreme Court was a necessary step to make justice more accessible and manage the workload more effectively.
He added: “This measure would ensure timely resolutions of cases by allowing more hands to address the large backlog.
“By adding more judges, the Judiciary can handle the volume of cases more efficiently, reducing delays and improving overall judicial performance.
“This improvement is crucial for maintaining public confidence in the legal system and ensuring that justice is delivered promptly
“In conclusion, while I support most of the recommendations, I firmly believe that governorship and senatorial election disputes should ultimately be reviewed by the Supreme Court to ensure thorough and final adjudication.
“This would uphold the integrity of the electoral process and enhance public confidence in the judicial system,” Ozekhome said.
‘Court of Appeal shouldn’t be final arbiter’
Kehinde noted that the panels of the Court of Appeal did well in the handling of the majority of the appeals.
“However having regards to the infamous role played in a few of the matters where the well-established principles of law as laid down by the Supreme Court were intentionally ignored (at least the Plateau and Kano states as classical examples) and for which no sanction has been visited on the erring Judicial officers till date, it will be disastrous if the Court of Appeal is the final court especially in presidential and governorship matters.
“The legislators whose mandate was seized by the infamous panels will most likely live the rest of their lives with bitterness. May God Almighty heal our land.
“On the issue of conclusion of electoral disputes before swearing in, I agree, but the practicality of it has to be worked out with a holistic amendment of the Constitution in respect to the timelines for the conclusion of the matters,” Kehinde said.
Baiyeshea said the suggestion for election disputes to be concluded by the courts before swearing-in was good.
He, however, was of the view that “in reality, and considering the peculiar situations in Nigeria in which disputes are acrimonious and very bitter, I doubt if that can work now or even in the nearest future.
“Sadly, ours is a ‘cash and carry’ society. Justice is usually sacrificed on the altar of bribery and corruption.
“It seems to have worked or it’s working in Kenya, but to be honest, some or most African Countries have a more mature legal and political system than ours,” he said.
Baiyeshea noted that the “major problem militating against the suggestion we are talking about in Nigeria is corruption.
“The whole system stinks to high heavens with corruption and desperate politicians pay heavily to influence the Judiciary.
“The last election and the election disputes in the courts showed vividly that not much progress has been made or is being made to stop the corrupt system or even mitigate it.
“So, if the suggestion to conclude election cases before swearing is to be implemented, it will bring severe pressure on the legal system and make politicians more desperate to ‘buy’ the Judiciary.
“Even the suggestion to end cases at the Court of Appeal will also increase corruption in the system.
“If we take the isolated example of what happened in Kano in the last election, it would have been most unjust and catastrophic in all ramifications if the obnoxious judgment of the Court of Appeal nullifying the election of the Governor was not set aside by the Supreme Court.
“Once our people know that appeals will end at the Court of Appeal, the system will be more severely bastardised.
“Remember that appeals in governorship election disputes used to end at the Court of Appeal, but that had to change because of the outcry of those who felt shortchanged by compromised judges and Justices.
“The bottomline or conclusion of the matter is that every system is subject to abuse.
“The only time we can have a satisfactory system is when corruption is eliminated or reduced to the barest minimum.
“As far as we can see, for now, Nigeria is on ground zero in integrity, Godliness, morality and probity index. That is regrettably the honest, bitter and brutal truth,” Baiyeshea said.
According to Adaja, the recommendation of the jurists that election petition disputes should terminate before inauguration is a step in the right direction.
He, however, noted that, to achieve same, the Constitution needs to be altered to accommodate the necessary changes.
“Specifically, Sections 285(6) and (7) of the Constitution should be amended to abridge the number of days permitted for the hearing and determination of election petitions.
“Statutorily, a petition challenging the declaration of results of an election is expected to be filed by the petitioners within 21 days after the date of the declaration of the results of the election.
“A simple calculation of the days means the determination of the petition shall be within 261 days from the date of the declaration of the results of the election. In the case of the governorship election petitions which terminate at the Supreme Court, the number of days is 321 days (almost a year).
“The lawmakers therefore need to amend the Constitution to abridge the number of days within which election petition disputes are heard and determined before the inauguration of the winner.
“I am strongly of the view that determination of election petition disputes before inauguration has some advantages which include but not limited to:
• It will allow the elected candidate to settle down and focus on governance without distractions from the pending cases;
• It will save the time of the judges, lawyers and litigants;
• It will reduce the workload for the judges adjudicating in election petition cases;
• It will reduce corruption drastically;
• It will encourage sportsmanship amongst the contending candidates; et cetera.
“In conclusion, I also opine that the jurists should suggest ways that the reduction in the number of days for the hearing and determination of election petition disputes would not affect the credibility and integrity of the exercise.
“The jurists can suggest workable timelines to hear and determine election petitions.
“One cannot but worry about the heavy workload that would arise for the judges/Justices who would have to deliver numerous judgments within the timeframe as proposed while not forgetting the fact that the Judges are human beings and not machines,” Adaja said.
Oyo local council polls have come and gone, but the negative impression and series of controversy that accompanied the election will forever remain in the archives. From what transpired during the voting activities, Oyo State residents can confidently testify to some irregularities during the exercise and how poorly the process was executed by the state umpire, Oyo State Independent Electoral Commission (OYSIEC).
People can confirm whether or not the words of honour and assurance that the OYSIEC chairman, Isiaka Olagunju (SAN) gave before the conduct of the elections were brought to bear.
In the polling units across all the local councils in the state, OYSIEC officials were not available in many of the units where they were assigned to. And this undoubtedly led many who were anxious to vote for the candidates of their choice, after waiting for so many hours without any sight of electoral materials, to lose hope of casting their votes. They were frustrated and returned to their homes to attend to other things.
In some polling booths where OYSIEC officials were available, ballot papers were insufficient. For instance in Ibarapa, it was reported that in a ward which had about 250 registered voters, only 50 ballot papers were available to the electorate. This means that 200 voters in that particular polling booth were disenfranchised.
Talking about the elections that OYSIEC conducted years back, opposition parties always boycotted as a result of the irregularities that normally went along with the polls. But with faith in the sincerity of the OYSIEC chairman, Isiaka Olagunju, 18 political parties agreed to participate in the polls. They believed the ballots would be different from the ones that had before been conducted, but reverse turned to be the case as only the ruling party, PDP, and the OYSIEC chairman were satisfied with the contest. Other political parties and millions of the electorate were displeased.
Now that the faith and hope the electorate have in the OYSIEC is dashed, how would the state which is full of local councils that are managed by selected but not elected council chairmen develop?
Who exactly controlled or manipulated the OYSIEC in the just concluded elections? Is the commission truly independent? What precisely is the essence of an independent body whose financial capacity is determined by the state governor? Unless the OYSIEC is financially liberated, I do not foresee a free, fair and credible election anytime soon in Oyo State.
Some stakeholders in the All Progressives Congress (APC) in Ondo State, under the auspices of Ondo Vanguard for Good Governance, have faulted the conduct of congress elections that will produce the delegates required to ratify the outcome of the party’s primary scheduled to hold on Saturday.
They called on the state and national leadership of the APC to take note of what they termed “abysmal and undemocratic manner the Congress Committee handled the exercise.”
The stakeholders accused the committee of aligning with Governor Lucky Aiyedatiwa by staying away from the venues of the congress across the state and allocating figures.
Coordinator of the group, Evangelist Tade Ojo, said it was disheartening that members of the party that bought the expression of intent forms to contest as delegates were disregarded and left forlorn due to “unbridled political cannibalisation of some APC members and leaders, who felt they were establishing the foundation to rig the primary election of the APC.”
Spokesman for the Lucky Aiyedatiwa Campaign Organisation (LACO), Kayode Fasua, said the process for the conduct of the primary election in the state was laid bare by the party.
“If there are areas needing clarification, they should approach the party. As for us, we are in good conscience, prepared for the primary election.”
