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Tag: elections

  • How National Assembly can improve elections in Nigeria

    How National Assembly can improve elections in Nigeria

    The Chairman of Independent National Electoral Commission (INEC), Prof Mahmood Yakubu, highlights the role of the National Assembly in the sustenability of electoral reforms for democratic growth.

    On behalf of the Independent National Electoral Commission (INEC), I want to express our profound appreciation to the Senate Committee on INEC in particular and the leadership of the Senate in general for the kind invitation to address this Summit.  The letter of invitation requested me to speak on how to improve election administration and management.  I have taken the liberty to do so but with particular reference to what the NASS can do to improve elections in Nigeria through legislation, in line with the theme of the Summit – “Legislating for Electoral Reform”.   Therefore issues of logistics, terrain, recruitment and training of staff, etc that are purely administrative and therefore do not require training, are left out of my presentation.

    Having said so, distinguished Senators, I consider this Summit important for the novelty of the idea and the pro-activeness of the Senate Committee on INEC.

    First, it is really refreshing to convene a forum of this nature to discuss the challenges arising from the processes, procedures and actual conduct of the 2015 and more recent elections, and thereafter fashion out appropriate constitutional/legal response.  I am particularly glad that this is a Summit, distinct from a public hearing, for the amendment of the Electoral Act, but our constitutions are intended to enrich the legislative process.  This is a new and commendable approach to legislation.

    Secondly, this initiative is coming relatively early in the life the 8th National Assembly.  Previous attempts came literally on the eve of General Elections and were focused more specifically on legal amendments rather than reform.  The first Electoral Act under the current democratic dispensation was amended in 2002 – or the eve of the 2003 General Elections. The 2006 amendments came just before the 2007 Elections and in 2010, the Act was further amended in the run up to the 2011 General Elections.  Most interestingly, the amendment to the Electoral Act 2010 was only assented to on the 26th of March 2015, barely two days to the last General Election, a copy of which only surfaced several months after the election. Consequently, the amendments were not used for the 2015 elections.  Therefore, there is a history of acting too late, and sometimes too little as well, which makes the current effort truly unique.

    In addition, there is also a context unique to the current effort.  The number of elections conducted by the present INEC is the highest in the history of elections in this country outside the context of General Elections.  The statistics are highlighted in four categories as follows:

    1. Forty-nine (49) re-run elections in 16 states of the federations out of 80 elections nullified by the courts.
    2. Ten (10) By-elections in 8 states across the country, caused by death or resignation (but mainly death) of elected members of the National and State Assemblies.
    3. Three (3) end-of-tenure Governorship elections in Kogi, Bayelsa and 68 Area Council Constituencies in the FCT.
    4. The Courts have so far upturned 23 Constituency elections (Senate, House of Representatives and State Assembly) and ordered the Commission to withdraw Certificates of Return from those adjudged not to have been validly elected and issue same to the rightful winners. We have since complied.

    When I addressed a similar forum organized by the House of Representatives about 2 weeks ago (May 27), I reported that INEC had conducted 127 elections since the 2015 General Elections.  About two weeks ago, we conducted two more by-elections in Kwara (Oke-Ero State Constituency) and Nasarawa (Nasara/Toto Federal Constituency).  The new figure of elections conducted by INEC in the last six months is 129.  And we still have 31 more to conduct, which we hope to round up by next month i.e. July 2016.

    Most importantly, for the purpose of this Summit, is that some of the recent elections have challenged our electoral jurisprudence.  For instance, in Kogi State, a candidate died in the middle of an election before the declaration of result.  The Kogi experience was indeed a legal conundrum, not envisaged in our Constitution or the Electoral Act.  INEC had no recourse to judicial interpretation because, as we were advised, our courts are not advisory institutions.  They are courts of litigation.

    In Nigeria, we have no Constitutional Court.  We were advised, one way or another by some lawyers, almost all of them, on the basis of logic rather than clear constitutional or other legal provisions.  Under the circumstances, INEC had to rely on Section 36(1) of the Electoral Act, which is the most proximate section of the law to get out of the conundrum.

    Any electoral reform, going forward, must make clear provision against such a possibility.  In doing so, we should look beyond the Governorship candidate.  What if it happens that a Presidential or Deputy Governorship candidate dies in the middle of an election before the declaration of result?  What if it happens in the case of the Senate, House of Representatives, State Assembly elections, or in an FCT (Federal Capital Territory) Area Council Election conducted by INEC?  These are scenarios that sounded far-fetched before the Kogi experience.  Now, they have become possible and there must be appropriate legal response.  This is part of the comprehensive proposals for legal reform that we are submitting for consideration by the National Assembly.

    Another area that has already attracted public attention and commentary is the status of the Smart Card Reader (SCR) in the light of the recent Supreme Court judgment.  One legal opinion says that in the light of the power conferred on INEC by the 2015 amendment of the Electoral Act to determine the mode of elections, there is no longer any prohibition to the deployment of technology, including the SCR, for elections.  However, others feel that there should be explicit provision in the Electoral Act. Already, proposals to that effect have been tabled before the two Chambers of the National Assembly by way of private members’ bills.

    INEC feels that while there is need for a more explicit provision in the Electoral Act, it should be generic enough to cover the use of technology generally rather than a specific type of electronic device. Doing so will allow for flexibility without breaking the law in case the Commission introduces a new device other than the SCR. A generic provision will also cover some of the new innovations we intend to introduce ahead of the 2019 General Elections, especially with regard to electronic collation and transmission of result.

    I have earlier referred to the large number of nullified elections, resulting in Court ordered re-runs in 80 constituencies nationwide.  In addition to obeying Court Orders, we have carefully studied the court judgments with a view to learning lessons. One clear lesson is the large number of nullified elections, arising from the disqualification of candidates earlier declared winners.  Here culpability lies with the political parties. The judgments show that in some cases, names of candidates were submitted to INEC without (the candidates) going through valid primaries. In other cases, political parties failed to do due diligence on their candidates, with respect to their personal integrity, academic qualifications, failure to resign from public office within the time frame allowed by law before joining politics and, most extraordinarily, even age.

    Under Section 31 of the Electoral Act, INEC has no power to disqualify a candidate duly nominated by a political party. The failure of political parties leads to the nullification of elections and wholesale re-run of the elections. Here, we are not asking for the restoration of INEC’s powers to disqualify candidates.  Rather, parties should contribute to deepening our democracy by conducting their primaries and forwarding the names of properly screened candidates to INEC.

    The Electoral Act should be amended to make a clear provision that where an election is nullified because the winning candidate was disqualified, there should be no re-run election in that Constituency. Rather, Certificate of Return should be issued to the runner-up. Doing so will compel political parties to toe the path of propriety and save the nation the cost of conducting re-run elections arising from candidate disqualification.

    However, the most intractable challenge in the administration and management of elections in Nigeria can be summarised in the phrase –”do-or-die” –  by some (not all) of our political actors. Often this is expressed in open violence or the threat of violence leading to the subversion of the popular will of the people.  Our responsibility as the electoral umpire is to ensure that votes truly count, but this cannot be achieved where election has become akin to war. While INEC has been strenuously applying our Guidelines as well as provisions of the Electoral Act, those determined to ignore the law and the Guidelines appear undeterred.

    Our staff have been harassed, intimidated, compromised or even killed.  Consistent with our Guidelines and the Electoral Act, INEC has declared some elections inconclusive and conducted supplementary elections.  In some other cases, elections were cancelled in entire constituencies or in specific polling units based on the powers of the Commission under Sections 26 and 53 of the Electoral Act, in order to ensure that votes truly count and the people ultimately decide who their leaders are.

    Where suspects were apprehended, we have worked jointly with the police to prosecute them under Section 150(2) of the Electoral Act

    The Independent National Electoral Commission (INEC) believes that the time has come to revisit the issue of Electoral Offences Tribunal to deal with violators of the Electoral Act, whoever they are – political actors, INEC staff – whoever.  We are submitting a proposal to that effect for appropriate legislation by the National Assembly.

    There are a number of other areas requiring constitutional and legal amendments such as:

    1. Diaspora voting (including the power of political parties to organize abroad and maintain foreign accounts);
    2. The duration for Presidential/Governorship run off elections (Sections. 134 and 179 of the Constitutions provide only one week);

    iii. Clear provision in the Electoral Act, in line with subsisting judgments of the Supreme Court, on which organ of a political party should submit list of candidates to INEC;

    1. Clear provision on the time limit in the Electoral Act, for the determination of pre-election matters, similarly to election petition cases so that they do not drag on for too long (Ondo – State Assembly and Kebbi Governorship – still on-going one year after).

    Let me conclude the way I started this presentation by once again commending this laudable and unique intervention by the Senate Committee on INEC. I hope work on the Electoral Act will be concluded very soon so that there will be ample time to plan for the next General Election in 2019 on the basis of additional legal provisions.

    I want to say that there is really no time.  The 2019 General Election is to be held at least 30 days to the handing over date, which is 29th May 2019.  This means that elections must be held latest by the end of April 2019.  There is really no much time considering the fact that we have approximately 1,087 days to the last date for the elections.  If you removed the weekends and public holidays, we have approximately 750 working days to the next General Elections. We therefore have to proceed in earnest.

    I thank the distinguished Senators very much for the honour to speak at this Forum.

    • Prof Yakubu delivered this paper at a Summit organized by the Senate Committee on INEC under the theme: Legislating for Electoral Reform, on June 6 in Abuja.

  • Remembering June 12, 1993 elections

    SIR: There was no story but rumour as to why the presidential elections of June 12, 1993, widely acclaimed to have been won by Moshood Kolawole Abiola was annulled by the military junta. The major players of that annulment have all kept sealed lips. Not even Humphrey Nwosu could gather the frame to indict anyone.

    Nigeria lost a golden chance to make her democracy breathe the atmosphere of the rococo. Candidate Abiola was not only widely respected globally but accepted locally without reservation. People with such national clout today are rare. The national cloud of mistrust that we live under today is clear for all to see. No thanks to that brazen theft of a people’s mandate. Weirdly, some military men who cared nothing about democracy then have become turn coats and enjoy(ed) the dole of democracy more than many who hungered for it. This can only happen in Nigeria. We suffer from selective amnesia.

    Although a civilian, Abiola walked like a general and people stood at attention out of love when he traipsed in front of them. Those who worked with him at close quarters attested to the fact that he didn’t order men around unnecessarily.

    Unlike those who see politics as an avenue to assault and kill for power, he consorted with all, even trusted those who not only betrayed his cause but later killed him.

    What reason would Nigeria give future generations for the annulment of June 12, 1993 elections? Absolutely nothing! The actors probably read Aesop’s fable, the story of the Wolf and Lamb. Their reason is an insult to the sensibilities of history.

    We pretend today – as though June 12, 1993 doesn’t matter? For those who worked so hard for the enthronement of democracy, there is a sort of sadness associated with that hubris.

    The contract between citizens and the Nigerian state doesn’t appear to be straightforward. A citizen of Nigeria can be helped to the land of no return only for nurturing a nationalistic ambition.

    Especially those who truly care about the sufferings of the browbeaten people. Those gutsy enough to shirt-front the establishment and all those bent on demeaning the bodies of men to indignity.

    Without June 12, 1993, we might not have had a May 29, 1999, the beginning of the fourth republic. Those naysayers of June 12, and major players in the political corridors now wouldn’t have had chance to enter the democratic train.

    We are democratically free because of Abiola who didn’t try to avoid the hoop on his path but had the courage and spirit to break it to secure our freedom and future. Only brave men with ideas that seize a man’s heart to chase positive causes can do that.

    The annulment of that election is a national disaster that needs atonement from the Nigerian state and not justification for the gerrymandering.

    There continues to be a cynicism today about the motives of those in the military that truncated the election. With no truth and reconciliation committee that cynicism goes on for seven forevers. We have become a nation within a nation and have refugees amongst our citizens.

    Many decent men today hardly join the political train due to that lost mandate. Only a handful is in the train, and these decent ones have had the unpleasant experience of challenging the many bad people heating up the polity. Bad politicians are in service only because they had no other options. Abiola had too many options. Some folks in politics who can’t pass off as moral agents today engage in moral suasion.

    History has justified Moshood Kolawole Abiola. He risked his life for a principle and a cause.

    The only way the politicians of today can truly honour him is to celebrate June 12, nationally,  provide the dole of democracy to starving Nigerians, reclaim our streets from brigands, give more to charity. Abiola stood for all of these and more.

     

    • Simon Abah.

    Port  Harcourt.

  • INEC conducts 127 elections in six months

    INEC conducts 127 elections in six months

    The Independent National Electoral Commission (INEC) has conducted 127 elections in the last six months.

    Its Chairman, Prof Mahmood Yakubu, said INEC has since the 2015 general elections conducted 50 re-run elections in 16 states in obedience to court orders. Seven by-elections, occasioned by death or resignation have also been conducted in five states, while two more elections were organised at the weekend in Kwara and Nasarawa states, due to the death of two elected individuals in the Kwara State House of Assembly and the Federal House of Representatives respectively.

    Yakubu, who spoke at a retreat organised by the Federal House of Representatives’ Committee on Electoral and Political Parties Matters in Abuja at the weekend, also said INEC did conduct three end-of- tenure elections in Kogi and Bayelsa states and the Federal Capital Territory (FCT) as well.

    He said: “In the case of the FCT, it was one election, but conducted in 68 different constituencies – six council chairmen and 62 councillors. In addition, the courts have so far upturned 23 constituency elections – House of Representatives and State Assemblies – and ordered the commission to withdraw certificates from candidates adjudged not to have been validly elected. We have since complied and issued certificates to the rightful winners from the 2015 general elections. We still have 31 more elections to conduct from the 2015 nullified elections, in addition to the forthcoming end of tenure elections for governorship in Edo (September) and Ondo (November) states.”

  • Badaru and Jigawa LG elections

    Jigawa State government had last year proposed to conduct the Local Government Council (LGC) elections this year but to our surprise, the Jigawa State Independent Electoral Commission (JSIEC) recently announced the postponement of the promised and well-publicized elections earlier scheduled to take place on February 13. The opposition party, PDP had spent millions of naira for the purchase of the forms and other issues related to the elections and preparations were in high gear. Aside the fact that no concrete or convincing reason(s) were given for the cancellation, nothing has been heard about when it will be conducted. Since many states like Kano, Zamfara, Sokoto, FCT and Niger etc have conducted theirs; we have not seen the reason(s) why Jigawa cannot conduct its own.  This postponement has generated ill-will in the minds of many Nigerians whether democracy has come to stay in this era of change most especially in Jigawa State.

    Is Governor Badaru afraid that his non-performance will lead him to electoral losses and relevance if he conducts the LGC elections now? Despite the propaganda that 37,000 people decamped from PDP to APC in December last year, including high calibre dignitaries such as the APC National Chairman, Speaker of the House of Representatives, Secretary to the Government of the Federation, about 10 APC governors, serving Ministers, Senators and Reps etc; it is inexplicable that the state government will put the election on hold.

    Clearly, the decision taken by JSIEC has no basis either in the constitution of the Federal Republic of Nigeria or any existing law in Jigawa State. The reasons given are groundless and illogical. If the APC is jittery about confronting PDP in an election organized by its electoral commission, they will go into coma come 2019 when the opposition party is ready to crush them in the national election. With the dismal performance of the APC-led government in Jigawa State, no political office holder including the governor has the capacity and courage to go on campaign tour in the rural areas. The masses are waiting for the delivery of the empty and spurious campaign promises of the 2015 elections.

    Since Governor Badaru has gone ahead to appoint Local Government Council caretakers committee, it is obvious he is not at all ready to conduct the elections. He should bear in mind the former INEC chairman, Professor Attahiru Jega’s statement that: “Democratic development in this country requires solid foundation at the local government level and therefore, we must ensure that official are elected at the local government level and the issue of sole administrator or caretaker committee should be a thing of the past”.

    As election allows members of an organization or community to choose representatives who will hold positions of authority, one important election is the one to select the leaders of local governments. Local Government is the arm of government which provides and supervises administrative, fiscal, and other services to the people who reside within its territorial boundaries. It is the level of government most directly accountable to the public.

    The chance to decide who will govern at this level serves as an opportunity for the public to make choices about the policies, programmes and future directions of government action. At the same time, elections promote accountability. The threat of defeat at the polls exerts pressure on those in power to conduct themselves in a responsible manner and take account of popular interests and wishes when they make their decisions.

    True, some State Independent Electoral Commissions (SIECs) held local government council elections in the country after the 2015 polls with some obstacles. In some states, no opposition party got even chairman or councillorship seats. Violence prevailed in some states like Niger, which even led to loss of lives and property. Truly, the election established doubts in the minds of many Nigerians on whether democracy has come to stay or not.

    Local government councils, the third tier of government has under the present democratic dispensation become the most abused institution of government by state governors. Although closer to the people, they are being monopolised by governors who even determine how and when the elections should be conducted and those that should be elected as chairmen and councillors in the state despite the constitutional directives to conduct the elections as soon as possible.  This was certainly not the case under the immediate past administration of Sule Lamido. Indeed, he ensured that Local Government Council elections were conducted in line with what the constitution requires and directed. Lamido’s style of leadership, his promotion of internal democracy, peaceful co-existence, mutual understanding and national development and well-being of his people has stood him out as an exemplary leader.

    A stalwart of the old PRP and one of the PDP’s founding fathers, he knows the true meaning of democracy and citizenship. The battle-tested political veteran knows Nigerian politics inside out. With perhaps the possible exception of former Vice President Atiku Abubakar, there is no Nigerian politician who has political friends and associates from all parts of the country more than Lamido as he is easily the rallying point for PDP and the northern politics.

    My advice to Jigawa State governor, Alhaji Muhammadu Abubakar Badaru Talamiz is to emulate the attributes of his predecessor,  Sule Lamido.  During Lamido’s tenure, the opposition enjoyed equal rights without sentiments or any attempts at segregation.

    As it stands, Jigawa PDP has set new a formula and strategy for its rebirth. Lamido’s day to day interactions with people, his ideologies, principles and achievements will surely make the party bounce back, better and stronger. I therefore appeal to Jigawa State governor, Alhaji Badaru Talamiz to allow democracy to be. He should please conduct the local government council elections as soon as possible and as the constitution provides. This will go a long way to test the popularity and achievement of APC as well whether they can stand the challenge.

     

    • Adamu wrote in from Kafin-Hausa, Jigawa State.
  • Elections that never were

    Elections that never were

    The Students’ Union Government (SUG) and three other associations at the Fati Lami Abubakar Institute of Legal and Administrative Studies (FLAILAS) in Minna, the Niger State capital, have held their elections. The process, students alleged, was not free and fair. They said the polls were marred by voters’ inducement, thuggery and ethnicity, reports ABDULSALAM MAHMUD (Mass Communication).

    Elections, especially on a campus should be credible, free and fair.

    But, these ingredients were absent in the elections held last Thursday at the Fati Lami Abubakar Institute of Legal and Administrative Studies (FLAILAS) in Minna, the Niger State capital. The elections, according to students, were marred by inducement, thuggery and ethnicity.

    The elections were held simultaneously by the Students’ Union Government (SUG), National Association of Niger State Students (NANISS), Law Students Association (LAWSAN) and Mass Communication Students’ Association (MACOSA).

    Candidates and their supporters doled out recharge cards, bags of sachet water, crates of soft drink, zobo drink, bowls of kunun-aya, take-away food, pen and snacks, among other items, to woo potential voters. Contestants with “lean” pockets resorted to persuasion.

    It started with irregular accreditation. Since the elections were holding at the same venue, voting was scheduled to start at 10am.  Hundreds of students arrived as early as 7am, but accreditation did not start until 1pm when the electoral committee showed up.

    The atmosphere became charged as a  crowd of students besieged the venue. They accused the electoral committee members of incompetence and wondered why the exercise was delayed. Some insulted the panel, saying it is was clueless in organising elections.

    Accreditation was followed by voting, which lasted till evening; the process was disorganised and chaotic. There was a row  when a member of the electoral committee was allegedly caught with thumb-printed ballot papers. This led to the temporary suspension of voting as students alleged that the committee is compromised.

    It took the intervention of some teachers and security personnel, who served as independent observers, to restore order.

    Chairman of the electoral committee Saidu Muhammad said the delay was caused by the late submission of the candidates’ Cumulative Grade Point Average (CGPA) by their departments. He said: “If we had received the CGPAs on time, and not on the eve of the election, we would have printed the ballot papers for candidates, who met the 3.0 CGPA benchmark to contest.”

    Debunking allegations of partiality, Saidu said starting the elections behind schedule should not be seen as partisanship. He said: “Despite the lateness, the elections were free, transparent and credible. The electoral committee displayed a high sense of responsibility in ensuring that the elections were hitch-free.”

    As the counting of ballots was going on, supporters of some candidates clashed. Two students were injured; the windscreen of a car parked in front of the school gate was smashed by rampaging students. The security personnel had an hectic time maintaining peace on campus.

    Dean of Students’ Affairs Mallam Ladan Babadoko, who led a team of observers, described the elections as peaceful and credible, saying attempts by some students to foment trouble were checkmated.

    He said: “The elections were not devoid of hiccups and lapses. However, they were largely successful and peaceful. Anyone, who may be aggrieved by the outcome should send their petitions to the school. We will not tolerate hooliganism on campus.”

    The extension of the exercise till the evening, he said, was not done unilaterally, noting that stakeholders agreed on the decision.

    A Man O’ War cadet, who identified himself as Aliyu, said the electoral official, who was allegedly caught with thumb-printed ballots, would have been lynched but for the intervention of security personnel.

    Aliyu said: “If adequate security measures had not been in place, the elections would have been marred by widespread violence.”

    Zakariyau Abdullahi, a 200-Level Art student, who contested for NANISS president, bemoaned the irregularities in the process, saying some candidates saw the exercise as  “do-or-die”. He accused some contestants of desperation, wondering why items were brought to induce students.

    A Law student, who contested for the SUG president, Muhammad Anas, blasted his colleagues for voting on ethnic line. He said the process was far from being free and fair.

    “I am not surprised seeing some aspirants showing desperation to win. We expected the electoral committee to have disqualified candidates who induced voters. This would have given credibility to the process. But, we saw people sharing various items and whipping up ethnic sentiment to win. This is against the tenets of democratic elections,” he said.

    Some minutes after 11pm, Saidu announced the results. Adamu Abubakar Giyan is the SUG president-elect; Muhammad Saganuwa, NANISS president-elect; Ibrahim Mudassir, MACOSA president-elect and Muhammad Jibrin Edati, LAWSAN president-elect.

    Students, who spoke to CAMPUSLIFE, advised the elected leaders to be just, accountable, and God-fearing.

    Abdullahi Sadiya, a 100-Level Law student, said: “I appeal to those who have been elected to strive towards uniting all students. This will heal the wounds of the elections.”

    An outgoing member of NANISS, Salihu Muhammad, advised the incoming leaders to disburse the association’s resources judiciously.

     

     

  • Still on the Supreme Court judgment on elections

    SIR: Some Supreme Court decisions have caused great frustrations and confusion and produced much disarray in law enforcement and criminal justice procedures. They placed strained, if not distorted constructions on the constitution, overruled long established judicial precedents, and shocked law enforcement agents; and by dubiously invoking specious procedural technicalities and grossly exaggerating the legitimate virtues of civil liberties, confessed and confirmed criminals have been released on society.

    In my opinion, the recent Supreme Court decision on the recent 2015 gubernatorial elections, especially, the  case of Rivers State have done more than any other single thing to contribute to a general atmosphere of electoral crime in this country. When electoral criminals and their accomplices know that they can commit electoral crimes and may not be apprehended, but if apprehended stand a good chance of being allowed to get off a mere technicality, it only encourages more electoral crime, vis-à-vis, ballot snatching/stuffing, kidnap of electoral umpire/officials, killing, maiming and arson etc. The ‘wise men’ of the Supreme Court choose to close their eyes on the magnitude of violence that marred the Rivers State gubernatorial elections, based on the reason(s) best known to them, only for them to come around and give us some strange reasons.

    No wonder, they say the law is an “ass”; it punishes the innocent, and sets the guilty free.

    A situation where, election observers, both local and international including two courts – the Tribunal and Appeal court, and other Nigerians alike are wrong, by saying the election was below standards by all ramifications, they still went ahead to deliver the judgment the way it suits them.

    As a concerned Nigerian, my only fear is not the morning of the judgment, but the evening. In other words, anybody can contest an election, and decide to win by ‘hook and crook’, including displaying all arsenals within his reach, bearing in mind that if he goes to court, especially the ‘Supreme’, he will get justice, using the services of the best ‘learned’ intelligent and erudite Senior Advocates of Nigeria (SAN’s) that money can buy. What a pity!

    It is no more news that the states of Rivers, Bayelsa, in the South/South region and Kogi in the North Central are prone to electoral violence/malpractice. And they are also dens of cultists. Very recently, a group of cultist killed over 20 people, during clash with one of the rival group, in Omoku, near Port Harcourt, in Rivers State. Has the Apex Court not legalized electoral violence and other related crimes through the back door by applying the so-called technicalities of law as usual? God save Nigerian/Nigerians from our judiciary. What a hope of the so-called common man indeed!

    I am not for or against Governor Wike or Candidate Peterside, either PDP or APC. Far from that, but to ensure that our votes count in future elections in Nigeria. This time around the Apex Court did not get it right – period! And they must accept our criticism in good faith.

     

    • Engineer U.S Ladan (Snr),

    Jos.

  • Supreme Court okays Ajimobi’s, Okowa’s elections

    Supreme Court okays Ajimobi’s, Okowa’s elections

    •Ladoja’s ‘distraction has ended’ •‘Emerhor, Ogboru should apologise to Deltans’

    The Supreme Court has upheld the elections of Governors Abiola Ajimobi (Oyo), Ifeanyi Okowa (Delta) and Ibrahim Geidam (Yobe).

    The apex court in separate decisions dismissed all the appeals challenging the elections.

    The court promised to provide reasons for its decisions on February 15.

    Justice Mary Peter-Odili, who delivered the lead judgment in Yobe’s case said: “I have reviewed the records in this appeal and the briefs filed by the parties. I find no merit in the appeal and I hereby dismiss it.

    She did not award cost but ordered the parties to bear the costs.

    Other members of the seven-man panel agreed with her lead judgment.

    Justice Clara Bata Ogunbiyi read the lead judgment in the case of Oyo.

    She said: “I have read all the processes filed in this appeal. I have also considered all the arguments by parties. I dismissed the appeal.”

    Justice Ogunbiyi also dismissed as an abuse of court process, an appeal filed by Rasheed Ladoja of the Accord Party.

    She awarded no cost, but said she will provide reasons for her decision on February 15.

    Justice Musa Dattijo Muhammed read the lead judgment in one of the appeals on Delta governorship election also dismissed the appeal

    He said: ?”I have carefully considered the records of appeal in this case. I have also considered the arguments by counsel and thier briefs, I find no merit in the appeals.

    He ordered the parties to bear thier cost and promised to give the reasons for the judgment on February 15.

    There were two appeals from Delta State. One by Great Ogboru of Labour Party. That appeal was dimissed by Justice Musa Dattijo Muhammed.

    The second appeal which was filed by the All Progressives Congress?’ candidate, Olorogun Otega Emehor was dismissed by Justice John Okoro.

    Justice Okoro said he found ?no merit in the appeal and promised to give reasons for the judgment on February 15.

    Okowa yesterday called on the All Progressive Congress (APC) candidate and his counterpart in Labour Party (LP), Olorogun O’Tega Emerhor and Chief Great Ogboru to apologise to Deltans for distracting them with legal battles they knew were not justifiable.

    Okowa spoke yesterday in Asaba at a thanksgiving service held shortly after the Supreme Court upheld his election.

    He said Emerhor and Ogboru knew they did not win in the election, yet, they went to the Elections Petition Tribunal, to the Court of Appeal and then to the Supreme Court, subjecting Deltans and lovers of the state to uncertainties.

    “It is time to forgive and move on, I also believe that my opponents should apologise to all Deltans because, they knew the people’s choice but they just wanted to go through this legal process.” He added: “I have forgiven them but I think they need to apologise to Deltans because they distracted the people.”

    In a sermon, the Chaplain, Government House Chapel, Ven. Charles Osemenam said: “We are celebrating the unity among us, we are celebrating love among Deltans, God never fails and with God, all things are possible, God is doing great things in our state.

    The Oyo State governor yesterday expressed gratitude to the people for their support during and after the 2015 election.

    In a statement by his Special Adviser on Communication and Strategy Mr Yomi Layinka, yesterday, Ajimobi said the Supreme Court judgment handed down freedom to the people of the state and paved the way for consolidation in his good works.

    “At last the Supreme Court has graciously freed the people of Oyo State from the painful distractions mounted on their path by Senator Rashidi Ladoja and his Accord Party in the past many months.

    “Three times the victory of Senator Abiola Ajimobi at the 2015 governorship election was challenged, three times he has been resoundingly declared winner. Although all men and women of  goodwill pleaded with the Ladoja camp to accept defeat and cooperate with the winner in the onerous task of rebuilding the legacies of our heroes past, they bluntly refused.

    “Although other contestants from other parties quickly conceded defeat and indeed proceeded to congratulate the winner, Senator Ladoja and his party refused to play the gallant losers, preferring instead to fight to the finish.

    “But we were never for once bothered knowing full well that the people had spoken so clearly and unmistakably on that historic April day by returning a vote of confidence in the candidate in whom they were well pleased.

    “Now that their fight is exhausted and their wind vanes broken, we hope a senator Rashidi Ladoja and his band will henceforth turn their energies to better and more productive ends in the interest of our dear state and its development.”

    “ The APC in Oyo State in a statement by its Director of Publicity and Strategy, Olawale Sadare, noted that former Governor Ladoja had thrown away the remnant of respect which he commanded as a supposed statesman by deliberately wasting the time and resources of the good people of the state when he used needless litigation to slow down the pace of governance since April 2015 when he contested and lost the election.

    “Now that the highest court in the land has ruled that Ladoja did not win any election as he was wont to make some people believe, he should be ready to move on with life and try hard to convince the world on why he must not be made today for his numerous corruption cases. Undoubtedly, Ladoja’s desperation to return power as the governor of Oyo State was informed by his plan to cover up his record as the one who inflicted the pain of financial backwardness on the Pacesetter state when, as governor between 2003-2007, he supervised the looting of the treasury.

    “Recently, it was also revealed that he (Ladoja) was involved in the Dasukigate by owning up to the collection of a whooping N100m from Chief Tony Anenih being part of the $2.1b meant for the purchase of arms by the immediate past administration of Dr. Goodluck Jonathan. But for this singular act, the insurrection of the Boko Haram would not have thrived to the extent of claiming several thousands of innocent lives and properties estimated as trillions of Naira if funds meant for equipping the military and security agencies were not diverted for the benefit of few corrupt individuals within and outside the Peoples Democratic Party including a former governor of Oyo State, Senator Rashidi Adewolu Ladoja.

     

  • How APC can win future elections, by chieftain

    How APC can win future elections, by chieftain

    Lagos State All Progressive Congress (APC) chieftain Hon. Deji Awobotu has urged party members to brace for the next local government elections, stressing that the party must maintain its hold on the grassroots.

    He advised the party to field credible candidates for the chairmanship and councillorship polls to win the contest.

    Awobotu also charged members to vote for credible flag bearers who can work for the party and lift up the standard of grassroots governance in the Centre of Excellence.

    The politician spoke with reporters in Surulere, Lagos Mainland, shortly after donating cash and food items to party faithful in Coker/Aguda Local Council Development Area (LCDA).The empowerment programme was jointly organised by the Deji Awobotu Foundation and other local party leaders. The ceremony was witnessed by Comrade Wasiu Sulaimon, Musiliu Balogun, Prince Kunle Oshodi, Alhaji Olaide Eshinlokun and other party leaders.

    Urging party supporters to gird their loins, Awobotu said: “The time for local government elections is approaching. If you want to vote, it is better to vote for competent and credible candidates from your community. These are the people who understand your challenges. I urge you to vote for honest people as chairmen and councilors. “

    Awobotu thanked the people for their abiding faith and interest in the APC, urging them to double their support for the party in future elections.

    He advised elected officials to remember party supporters who worked for their victory during the elections.

    Awobodu said: “The welfare of our party members is paramount. Those in public officers should look back and remember those who worked for the success of the party during the elections. Not every party member can be in government at the same time. Those in power owe it a duty to assist those outside to build the party.  The party must move forward and those elected on its platform must render invaluable services to the people.”

    Thanking Awobotu for his kind gesture, Sulaimon described him as a loyal and hardworking member of the party.

    He said Awobotu has always extended a duty of care to party members during the Christian and Muslim festivals, urging him not to relent in his efforts.

    A chieftain, Hon Tunde Adegoke, who commended the foundation, noted that it has organised sports competition for youths in the area.

  • Kogi, Bayelsa elections

    Given that the governorship elections in Kogi and Bayelsa states marked the first set under President Buhari and the new INEC chairman, their outcome was bound to attract considerable public interest. This is more so with the peaceful transition of the last general election. Before that election, fears were high that its outcome could dismember this country as sharp cleavages with religious and ethnic tinge dominated the language of political discourse.

    But that gloomy political atmosphere was to peter out when the election (though not without its shortfalls) came out largely successful culminating in the epochal defeat of a sitting president. The significance of that landmark event for democracy in Nigeria has since been chronicled by world leaders. With that success, expectations have been high that free and fair electoral conduct which had been the albatross of this country is beginning to take root.

    As both elections approached early in the life of the Buhari regime, public expectations were high that the mileage gained from the last general election would lead to a seamless outcome. Ironically, that expectation has failed to materialize as events from both polls have unmistakably shown. Both were declared inconclusiveness on account of electoral violence and sundry malpractices which prevented voting in some of the areas.

    In Kogi, elections did not hold in 91 polling units of 18 local government areas due to electoral infractions ranging from vandalism, snatching of electoral materials and outright violence. Though the APC was clearly leading the PDP with a margin of 41,253 votes, INEC declared the election inconclusive on the ground that the total number of registered voters in those polling units which stood at 49,953 was higher than that with which the APC led its rival. In its calculations, the remaining votes could still alter the pattern of electoral victory. It was for this reason which is in keeping with aspects of the electoral law that saw to the declaration of the election inconclusive.

    Opinions were sharply divided on the position of the electoral body. This is more so given that the universally accepted ratio of the actual votes cast vis-à-vis the total number of registered voters is put at about one third. What this implies is that the remaining votes may not substantially alter the winning pattern. And this came to pass when the final results of the re-run were put together. The APC had 6,885 of the votes while the PDP garnered 5,365. This figure is even less than one third of the remaining votes for which the election was declared inconclusive.

    The issue here is, had the election proceeded without hitches, the results would have been announced as a clear winner had emerged. By the same extrapolation, the complications and litigations that arose even within the APC fold, would have been staved off, the death of its governorship candidate, Abubakar Audu notwithstanding.

    Events of the botched elections in those polling units were to become the albatross of the Kogi election. INEC has been blamed for the pass in the Kogi polls on two fronts. It takes liability for observed shoddy preparations and for not declaring the result of the election when it was clear that the remaining votes cannot substantially turn the tide against the winning party.

    Even then, it would also appear the electoral body was playing safe given the penchant by our politicians to take advantage of any error of omission or commission to accuse it of skewing the process to the advantage of the ruling party. It is obvious it ordered the re-run to fulfill all righteousness. This point cannot also be discounted as there is precedence to back it up.

    But the violence and bad management of the election in Kogi is just a child’s play when paired with events of the governorship election in Bayelsa State. Reports spoke of sporadic shooting by armed militias in some areas especially in the southern Ijaw local government resulting in the killing of about five people. As a result, elections could not hold there. Curiously despite informed advice not to hold the election the following day because of the level of violence of the previous day, INEC went ahead with the election.

    The outcome of that error of judgment turned out disastrous. The electoral body had to cancel the election much later on the ground that it was substantially marred by violence, ballot snatching, intimidation and other irregularities. But that was after protests had erupted in the state capital accusing it of trying to manipulate the exercise taking advantage of the high level of insecurity in the area. How the electoral body and the security agencies came to the conclusion that free and fair elections were possible under that high level of insecurity in a state notorious for deadly militants, remains curious. But events have proved their decision futile.

    Not unexpectedly, that judgmental error has been largely responsible for the recrimination going on between the APC and the PDP with each seemingly claiming victory. The PDP said, having won in six out of the seven local governments where results have been declared, it has satisfied the requirements for electoral victory. The APC on its own says it has also obtained 25 per cent of the votes in two thirds of the local governments and wants the results of southern Ijaw which it expects to turn the tide in its favour to be declared.

    What the position of the APC implies is that if the result of the southern Ijaw council was declared, it would have garnered substantial votes to turn electoral victory in its favour. We shall demonstrate the possibility of this claim by critically appraising the pattern of votes scored by the parties in the seven local governments that have been so far declared.

    In Brass, APC had 21,755 votes against 6,516 by the PDP while in Sagbama PDP had 28,934 as against 5,382 by the APC.  In Yenegoa, PDP scored 24,258 while the APC had 14,563. These three local governments recorded the highest number of votes in the election. In the remaining four local governments, the margin was narrow even as the PDP led in all of them.

    But the wide margin of votes in Brass and Sagbama can be understood. The APC candidate hails from Brass while that of PDP is from Sagbama. Going by the votes in the two local governments of the candidates, whereas the PDP got nearly one third of the votes in Brass, the APC could not secure that in Sagbama.

    If this statistics does not clearly underscore the relative strengths of the parties, the case of Yenagoa where the cumulative votes of the two parties stood at 39,821 despite its voting strength of 132,025 says it all. The total score of the two parties represents barely one third of the total number of registered voters.

    Southern Ijaw which has a voting strength of 120,827 comes second after Yenagoa.  With barely one third of the total voting strength taking part in the Yenagoa poll and the margin of votes recorded in the other local governments, it stands to be imagined the kind of difference the southern Ijaw poll will make in the overall calculations of the final results. It will be a huge surprise if it turns the tide of the election outcome.

    So it is not just a matter of bandying claims to electoral victory. The facts on the ground speak for themselves. INEC should move fast and set a new date for election to be held in southern Ijaw after adequate security to guarantee free and fair polls have been put in place.

    Beyond these, INEC has disappointed the nation in its handling of the two elections. If it could perform so abysmally in two isolated elections, we shudder at what the situation will turn out during general elections. But the role of security agencies during elections and the desperation of politicians to win at all costs have become serious issues that will make or mar our attempts to institutionalize democracy on these shores.

  • INEC’s first two elections

    INEC’s first two elections

    It is not a flattering recommendation that the first two elections conducted by INEC’s new management floundered very badly, caught as they were in the morass of violence, questionable calls, and between the government’s dithering and lack of urgency. Elections in Kogi and Bayelsa States were slated for November 21 and December 5 respectively; yet the INEC board was not constituted until October 21, a mere one month to the first poll. President Muhammadu Buhari appointed an acting chairperson in July, and waited for about three months before appointing a substantive head and six other INEC commissioners for the vital electoral body. Though INEC spokesman disclosed that the electoral umpire’s functions were not impaired, he seemed to be suggesting paradoxically that the positions of six commissioners and a chairman were superfluous. The near fiasco the Kogi and Bayelsa polls became put the lie to such confident talks.

    Significantly, both polls were conducted separately, and were heavily policed. Yet, they floundered. Given how badly the electoral body performed, could they be relied upon to handle a general election in which the security agencies would be stretched wafer thin? If it took the deployment of overwhelming number of soldiers and policemen to manage just one election at a time, it staggers the mind to wonder how many would be needed all over the country at once. It is established that the Buhari presidency romanticises slowness; INEC should on its own not canonise shambolic electoral organisation, especially poor judgement and abysmal legal advice, if the country is not to come to grief in subsequent polls.