The Nation Newspaper

Tag: elections

  • How elections create legitimacy

    As Nigerians go to the polls today to elect their legislators it is necessary to dwell on the issue of legitimacy again as I have done in recent past in the hope that this time around Nigerians will not vote in vain as in the last three elections of 1999, 2003 and 2007 in our great country. Legitimacy is the legal authority for power of rulers or political leaders. In a democracy, elections are the main rituals for elected leaders to obtain legitimacy. The more transparent the democratic process especially in terms of free and fair elections the better the quality of legitimacy and respect for any political system in the comity of nations and vice versa. Especially nowadays when democracy is the fashionable and ascendant ideology after the collapse of the defunct USSR under Mikhail Gorbachev’s policy of glasnost and perestroika which focused on openness and transparency in government. By the way a birthday concert was held last Wednesday for Gorbachev’s 80th birthday in London’s Albert Hall at which a prize named ‘The man who changed the world’ named after Gorbachev, who was the last head of state of the defunct Soviet Union which collapsed in massive street demonstrations similar to the on going ones in the Arab world, in 1991.

    There is no gainsaying that in Nigeria the 2011 elections and campaigns have generated more interest and excitement amongst the competing contestants and the political parties than among the electorate which is supposed to vote the contestants for power into office.The reason for the apathy and apparent suspicion of the Nigerian electorate is both historical and sociological. Elections have rarely been free and fair in Nigeria and a political culture has evolved around the pattern of a prostrate electorate acquiescing with the results of a manifestly rigged election in the hope that this time around the crumbs from the table of power of the new or renewed government will be more generous than hitherto. This has made rigged elections acceptable as a way of life, albeit a bitter pill to swallow, so that the business of governance can go on as usual in all tiers of government in the name of our unique democracy.

    The difference this time around however is that those organizing the elections have promised that the electorate will not be shortchanged in terms of rigging and that the elections will be free and fair. I hold four centers of power in the electoral process responsible for this promise based on the crucial role of their antecedents predecessors in earlier elections in this nation. These centers of power or institutions are the Presidency, the Police, INEC and the judiciary. The Presidency, Police and INEC are largely credible in my estimation of their preparations but I can not honestly say the same of the judiciary and I will explain.

    The President of the Republic who is a contestant has gone out of his way to say that people should not rig, but just vote for him and I believe him for the simple reason that no incumbent seeking reelection has ever said that in this nation before. Some of his supporters say he is suffering from inexperience and naivety and that he has shot himself in the leg for disowning the time tested weapon of re -election in our unique brand of democracy. All the same I believe this incumbent president and presidential contestant.

    The Police Inspector General has moved Police State Commissioners unexpectedly out of their domain to new places for the duration of the elections and I believe these movements will stem the tide of rigging somewhat. Although the ACN has called for his removal over events in the South East I doubt if that is possible for this 2011 elections. Also the fact that the INEC Chairman has called on the SSS to help monitor INEC staff at polling booths nationwide to ensure they follow the electoral process to the letter shows that INEC will not cover up for its erring officials as has been its modus operandi in the past .

    It is with the judiciary sadly that I see the Achilles heel of our latest electoral odyssey of great expectations for a free and fair election starting today. The leadership of the Nigerian judiciary as at the start of this election is a divided house. The Chief Justice of Nigeria has a petition against him on corruption from a colleague the President of the Federal Court of Appeal who has also refused promotion to the Supreme Court. The two are the leading lights of the temple of justice in Nigeria and are expected to deploy judges to handle election petitions arising from the elections starting from today Nobody has spoken so far of their being removed or suspended for conflict of or divided interest so as not to rock the boat of the electoral process which is bound to hit a judicial rock sooner than later with such litigious captains in charge.

    Yet, the judiciary is the vehicle expected to give legitimacy to our electoral process. It is expected to adjudicate in electoral disputes and its high priests in the temples of justice at all tiers of government are to swear in elected officials according to our constitution. The law says he who comes to equity must come with clean hands but I do not think that is applicable to the Nigerian judiciary at the beginning of these 2011 elections and the consequences and prospects of that are quite grim to contemplate for now. In judicial terms one can only hope for the best and prepare for the worst in terms of justice in our electoral system this time around.

    Nevertheless , every cloud has its silver lining and our 2011 elections can not be an exception. Nigerians like all electorates globally have an opportunity that come once in four years to elect their leaders. Fortunately or otherwise we are doing this at a time when the Arabs of the Middle East have taken to the streets to throw out their leaders for corruption, dictatorship, autocracy and decades of misrule. The street demonstrators have found sympathy with the leaders of the democratic world led by the US, and EU nations namely France and Britain. Indeed at the EU and NATO Conference on Libya attended by US Secretary of State Hillary Clinton this week it was resolved that Libya’s dictator Muammar Gaddafi had lost all legitimacy to rule his people and should just go. This is in spite of the UN resolution which is the mandate of the Coalition, saying explicitly that the Coalition forces are in Libya to provide a no fly zone over that country and are not there for regime change.

    Since then no less a person than US President Barak Obama has said in a state broadcast in the US that living Gaddafi in charge after Coalition intervention makes Libya a dangerous place for world peace. Obama stressed that it is the duty of the international community to protect unarmed Libyans against Gaddafi but it is the responsibility of Libyans themselves to determine the manner of his exit. Both David Cameron the UK ‘s PM and Obama have stressed that UN resolution restraint not withstanding, they will not rule out giving arms to Libyan rebels to dislodge Gaddafi. Which means the die is cast for the Libyan leader and his days are very numbered since he cannot match the fire power, experience, military skills and technology of the Coalition out to save his people whom he called rats and varmins at the start of the Libyan uprising.

    In terms of our own elections and the choice of who to vote for we can learn something from the reasons and causes of the fury of the Middle East masses against their dictators and political leaders. From Tunisia to Egypt to Saudi Arabia to Yemen to Bahrain to Libya and now to Syria the ruling elites and families have been in power for too long and have remained insensitive to the economic needs and yearnings of their people. Instead they used the police and a highly motivated quasi- military security apparatus to monitor their people; to cut them to size and jail any dissident without trial while using torture with impunity as a form of deterrence against any opposition. This was the situation in Tunisia under Ben Ali for 24 years; in Mubarak’s Egypt for 32 years; in Saleh’s Yemen for 32 years to date; for decades to date under the ruling House of Saud in Saudi Arabia; and in the 41 years of late Haffez Assad dynasty and his son who has been in office after succeeding his father 11 years ago .So the fury that drove the Arab masses into their streets and squares which the dictators built for celebrations consisted of corruption, nepotism, tyranny, high handedness, aloofness, and lack of respect for democratic values generally.

    To me then the virtues we should look for in choosing who to vote for in these 2011 elections are the opposite of what led the Arabs to revolt so massively against their leaders in the on going street revolution convulsing the Middle East as we know it today. Which means that Nigerians should from today vote for leaders who hate and do not practice corruption and nepotism ;leaders who have respect for democratic values of the rule of law ,accountability and transparency; leaders who are responsive to the wishes of those who elected them.

    We can of course add the Nigerian flavor by pointing out or reminding ourselves and our political contestants of our present needs and problems which could lead to street democracy and demonstrations like those in the Middle East if they are not attended to by the elected leaders in the elections starting today. These are rampant lack of electricity for good quality of life and for growth of industries leading to unemployment and redundancies; lack of security of life and property in our cities and villages; poor health facilities; poor and dangerous roads and infrastructure generally. Since election times are times of great promises by power seekers and great expectations by the electorate we ask Nigerians to vote wisely and pick new leaders who will be responsive to their needs as promised during campaigns. For now at least electing our leaders through the ballot box is infinitely better and less rowdy than the ongoing massive street democracy of the Arab world.

  • Confusion as INC postpones IYC elections

    THE crisis rocking the Ijaw Youth Council (IYC) took a new twist yesterday following the decision of the Ijaw National Congress (INC) to intervene in the affairs of its youth wing.

    It was learnt that INC’s intervention led to indefinite postponement of IYC’s elections after reports indicated that allowing the poll to hold could result in violent clashes within the council.

    The cancellation which came after about 62 aspirants had been accredited by two factions to participate in the exercise had generated confusion among the youths

    INC was said to have taken the decision after holding a meeting with the Bayelsa State Governor, Mr. Seriake Dickson.

    The factional Chairman and Secretary of the 2013 IYC Electoral Committee, Ankio Briggs and Akpos Mezeh, the former INC President, Joshua Fumodor, and Senator Diffagh were said to have attended the meeting.

    They were said to have attributed the postponement of the exercise to several protests, petitions and appeals from members of the IYC.

    A statement by the INC signed by its President, Senator Tari Sekibo, after the meeting, said the intervention was necessary.

    It said: “After careful deliberations on the issues in contention and in view of the prevailing circumstances, the National Executive Council of the INC has resolved to intervene in accordance with article 16 section 1 and 2 of the IYC constitution.

    “Accordingly, the activities of all electoral bodies are suspended immediately. That NEC commences full scale efforts to expeditiously resolve the crisis and has set up a National Committee led by the Vice President of the Congress for appropriate action and that the Mieabiye Kuromiema-led executive council subsist in office until elections are concluded.”

    Fear of violence had gripped the Niger Delta region following unresolved controversies unsettling the IYC, the umbrella body of Ijaw youths in the region.

    Trouble was said to have started after the council scheduled an election to change its leadership.

    A faction of the council was said to have insisted that it would not allow the government to impose candidates on IYC.

    The situation, it was learnt got messier, after warring factions established two electoral committees to organise the election.

    While one of the committees was said to be headed by Ankio Briggs, the other one was said to be led by Mr. Jeremiah Oba.

    There was also problem with the venue of the election.

    It was learnt that agents of the state government had insisted that the state which prides itself as the only homogeneous Ijaw state should be given the honour to host the election.

    But the Oba committee was said to have opposed the move saying it was the turn of Rivers State to host the election since the presidency of the council had been zoned to the central zone consisting of Bayelsa.

    Following the development, the Oba committee was said to have scheduled its election for August 8 in Port Harcourt while Briggs group had slated August 10 to hold its election at the Ijaw House, Yenagoa.

    Efforts made by the Commissioner for Culture and Ijaw National Affairs, Dr. Felix Tuodolor, to broker peace between the factions had proved abortive.

    But the Spokesman for IYC, Mr. Jeremaiah Owuopole said the only recognised electoral committee was the one led by Briggs.

    He said all the stakeholders including the outgoing president of IYC, Mr. Mie Abiye, were present in a meeting that approved the Briggs committee.

    He said: “As far as we are concerned, we have only one electoral committee led by Ankio Briggs. All the three zonal chairmen, the youths and the elders including founding members of IYC are with Ankio.

    “That is the only legitimate electoral committee. Any other one is an impostor. When the committee was formed, Mie Abiye, and all the people who are crying foul today were there. None of them objected to it.

    He said though the constitution was explicit on the venue of the congress, the council conceded the hosting rights to Governor Dickson.

    “Our governor in Bayelsa State made a passionate appeal in a meeting to allow him the honour of hosting the congress in Yenagoa. At that meeting, all the executive members of the council and major stakeholders were there.

     

  • FEDERATION ELECTIONS FALLOUT Minister, NSC, NBBF get Oct. 17 court date

    FEDERATION ELECTIONS FALLOUT Minister, NSC, NBBF get Oct. 17 court date

    •Ahmedu, five others seek redress

    DISSATISFIED with the way appellate sporting agencies handled their petitions over elections into the board of the Nigeria Basketball Federation (NBBF), Col. Sam Ahmedu (retd) and five others including Osita Nwachukwu representing the South East, have dragged the principal actors the Sports Ministry, National Sports Commission and the NBBF, to court.

    According to documents made available to us, Sports Minister Bolaji Abdullahi, the National Sport Commission, Dr. Bolaji Ojo-Oba, Tijani Umar, Muktar Kaleh and Patrick Omorodion are to appear at the Federal High Court in Abuja on Thursday, 17th October 2013.

    The plaintiffs, according to the writ of summon, are seeking a declaration that the exclusion of Col Ahmedu retd on the board of the Nigeria Basketball Federation is unlawful, and that an order of perpetual injunction be granted restraining the 4th defendant (Tijani Umar) from parading himself as president of the NBBF board and the 5th defendant (Muktar Kaleh) as the vice president of the board.

    They are also praying that the court grants an order nullifying the elections held on the 14th of May on grounds of non-compliance with the electoral guidelines; an order of the court directing the first, second and third defendants to conduct fresh elections into the NBBF board in strict compliance with the electoral guidelines and asking that the sum of N100, 000, 000. 00 is granted them for general damages against the defendants jointly and severally.

    Aside these, the plaintiffs are requesting an order of perpetual injunction retraining the 6th defendant (Patrick Omorodion) from holding out himself as a member of the NBBF, 2013-2017 term of office.

    It was gathered that the four delegates representing 24 of the 36 states of the federation, who walked out of the election, had taken their petition to the seven-man elections appeals panel and its recommendation was that there was a burning zeal of all the petitioners and their desire to take the game to the next level.

    The committee chaired by Bar. A. U. Mustapha appealed to the Minister to use his good offices to reconcile the petitioners with the other board members of the NBBF.

    Col Ahmedu said after he and the five stakeholders had painstakingly waited for a response from all the parties, they petitioned but got no positive response hence their choice of a law court.

    He stated that on May 27, 2013, he submitted a petition to the Nigeria Olympic Committee, NOC, and got a response on the 5th of June in a letter signed by the Secretary-General, Tunde Popoola to that effect.

    “The NOC in their letter had stated that the matter was being looked into without any prejudice and that it would undergo due process. It stated, however, that the process it was undergoing was not inhibiting my rights reserved to take the issue to another appellate body if I so desired. It is based on their advice that we have taken this option of the court,” he stated.

  • INEC moves to improve elections

    The Independent National Electoral Commission(INEC) has said it has introduced a more efficient and effective operational mechanism to ensure a free, fair and credible election in 2015.

    Dr. Nura Yakubu, a National Commissioner of the Commission and Chairman, Operations Committee, disclosed this in Sokoto yesterday.

    He said the essence was to meet an acceptable target with a view to improving on all electoral processes towards a credible general election come 2015.

    Dr. Yakubu, who was in the state to oversee the Gada West by-election into the state assembly also expressed concern for the need to strengthen the country’s internal democracy, adding that” we are concerned about it. If there is no internal democracy within the political parties, there is no democracy in a nation.”

  • My 2015 elections fears, by Amaechi

    My 2015 elections fears, by Amaechi

    Nigerian Governors Forum (NGF) Chairman Rotimi Amaechi is worried about the 2015 general elections.

    Nigeria needs to “be careful” and the people should be ready to defend democracy for there to be free and fair elections in 2015, the Rivers State governor said.

    Amaechi urged the Judiciary to be prepared to rescue the country from disputes that would result from unfair elections, as it had done in the recent past. He alluded to the NGF election, which polarised the forum.

    “Let us put it on record that the way things are going, we should be careful 2015 does not end in this manner, where people will win democratic election and those in power will not accept the result of a free and fair election,” Amaechi said, adding:

    “My lords, be prepared because we shall soon be coming to your court. We must defend democracy. We must defend Nigeria because we don’t have any other country.

    “My Lords we must be prepared. As you did in 2007. We must be prepared.

    “We have started again with tyranny and oppression. We must be prepared as a people to defend our rights. We must be prepared as a people to hold government accountable. We must be prepared to demand for accountability.”

    Amaechi spoke in Abuja at a symposium on “Review of the 1999 Constitution and its impact on the much-needed judicial reforms”, organised by a group, the Rule of Law Foundation.

    At the symposium were two former Chief Justices of Nigeria, Mohammadu Uwais and Dahiru Musdapher, Deputy Senate President Ike Ekweremadu, Justice Sylvester Nguta, former Nigeria Bar Association (NBA) President Joseph Daudu and Ekiti State Attorney General Wale Fapohunda.

    Amaechi denied the claim by Plateau State Governor Jonah Jang that the NGF election was not transparent and that he (Jang) never participated.

    He said Jang voted, noting that the Plateau governor was among the first set of voters.

    The Rivers State governor described the Jang faction of the forum as another faction of the PDP forum.

    The governor, who faulted the position taken by the NBA on the dispute, described those supporting the Jang faction as “undemocratic”. He said all the governors at the NGF meeting where he was elected as chairman agreed to participate in the election.

    Said Amaechi: “NBA cannot afford to lose its voice. NBA has lost its voice. For NBA to see a free and fair election, where 35 governors that govern 35 states and make decisions for hundreds of million of people and for NBA to say ‘if you can not organise yourselves dissolve’. Then you have lost your voice.

    “I want to say it and I want to be put on record, anyone who supports the Jang faction is undemocratic.

    “We chose who should be the Returning Officer. We appointed our Director General to be the returning officer for the election. And we voted. Everybody voted, including Jang.

    “In fact, Jang was among the first persons to vote. And when I won, they were there. We were to commence voting for the chairmanship when my brother and colleague from Akwa Ibom got up and said ‘there is a document I had where 19 governors had signed’. And Jang said Northern Governors Forum supported him, but the same northern governors voted. They should have, therefore, voted for him. “He said PDP governors supported him at a meeting before the election, so they should have voted for him.

    “What Jang is leading is another faction of PDP Governors Forum and not the NGF, because there are no two governors forum

    “Therefore, anyone – NBA or government that supports Jang’s faction is undemocratic.”

    On the reported friction between him and his state’s Commissioner of Police, Mbu… Amaechi said: “ We must resist a situation where public officers without statutory authority would call the Inspector General of Police to change commissioner of police; we must resist it.”

    Ekweremadu, the Chairman, Senate Committee on the Review of the Constitution, said the review would not be submitted to referendum.

    He noted that the Constitution specified how it should be amended and that it did not include referendum.

    Ekweremadu stressed the need for urgent reform of the judiciary.

    He said: “With a morally upright and well-reformed judiciary that applies the letters of the law fairly and timely, the systems manipulation, overheating of our polity, reign of impunity in high and low places, the blatant disrespect for the law, and the rape of public treasury would abate considerably.”

    He said the proposal for judicial reform submitted by former CJN Musdapher was being considered.

    Ekweremade said the Senate Committee on the Review of the 1999 Constitution had presented a Bill and Report on proposed amendments to the Senate for consideration.

    The Deputy Senate President gave snippets of some of the recommendations of the committee to include: separation of the office of the Attorney General (AG) of the Federation from that of the Minister of Justice; Seven years tenure for Attorney General; financial autonomy for the AG as funds for the office will be made from the Consolidated Revenue Fund; Conferment of powers on the AG to investigate certain crimes and removal of the CJN and other serving judicial officers as members of the Federal Judicial Service Commission.

    He observed that it was not all the challenges facing the judiciary the require constitutional amendment but rather a change in mentality and attitudes.

    “It is not for lack of laws that some anti-corruption and other serious criminal cases involving the high and mighty have remained stagnant.”

    Daudu, who is also the coordinator of the Rule of Law Development Foundation, said the level of impunity in the country was worrisome.

    Justice Musdapher, in a keynote address, said there was no denying the fact that the judciairy had problems and needed to be reformed.

    The former CJN argued that the breakdown of law and order in the Nothereast might not be unconnected with the fact that people had lost faith in the nation’s laws and the justice delivery system.

    He observed that there was a disconnect between the people and the justice system.

    Justice Musdapher suggested that senior lawyers be appointed as judges so as to address the declining capacity in the judiciary. He advised that appointment of judges be made more transparent so that members of the public could appraise and make comments.

    Justice Musdapher said there was an urgent need to pass the bill for amendment of certain provisions of the constitution that affect the judiciary.

    Justice Musdapher and Ekweremadu praised the Chief Justice of Nigeria, Justice Aloma Mukhtar, for her efforts at reforming the judiciary.

  • Quest for credible elections

    The National Human Rights Commission (NHRC) has devised a plan to identify for prosecution electoral crimes and their perpetrators between 2007 and 2011. But experts say the job should be that of the National Assembly. Eric IkhilaE  reports

     

    MANY believe that the conduct of a credible election,societal peace and socio-economic growth are interwined.

    Where there are credible elections, which ensure the upholding of electoral choices, development is assured.

    But, where elections are manipulated, uncertainty pervades the land; the struggle for political space becomes heightened and development takes a back seat.

    The latter has been the case with the Nigeria since the return of democracy in 1999. A perverted process, that supplants the people’s electoral wishes with individuals’ aspirations, is creating a struggle for power while socio-economic development the perpetrators and societal peace suffer.

    Observers argue that until viable structures are put in place to discourage election manipulation, by sufficiently punishing those involved in rigging and allied crimes, attaining a transparent process will remain a mirage. Despite this realisation, no serious efforts have been made in the past to erect barriers against election manipulation by providing a process that subjects those indicted for election offences to appropriate punishment. The most the National Assembly had done is to criminalise certain offences in the Electoral Act, and impose weak sentences of between 12 and 24 months.

    Another provision in the law that the tenure of the winner of a rerun election begins when he/she first took the oath of office is insufficient to deter election criminals.

    Today, what obtains are only tribunals, with the sole mandate of determining winners and losers of elections. Even where, in the course of its proceedings, perpetrators of electoral crimes are identified, the tribunal lacks the powers to prosecute them.

    This, therefore, calls for the creation of structures, in the form of Electoral Offences Commission and Tribunals specifically charged to deal with electoral crimes so as to curb rigging and put the perpetrators out of business.

    It is in this light that an initiative by the National Human Rights Commission (NHRC) is commendable.

    Tagged: A research project on fair trial and the right to effective participation in government, the project will electoral crimes between 2007 and 2011 (in the first instance) with a view to ensuring that those indicted are prosecuted.

    Chairman, NHRC, Prof Chidi Odinkalu said the initiative is intended to combat electoral impunity and ensure that culprits are held accountable.

    “In addressing impunity for electoral crimes, we are trying to remedy the problem of accountability, for why the will of the people was subverted.

    “Those are crimes under the Electoral Act. At the moment, no body pays any price for such crimes. We want to ensure that people begin to pay for this because, if people do not pay a price, it will continue to happen,” he said.

    The NHRC has constituted a seven-man team to execute this project.

    Its members include Prof Nsongurua Udombana, Faculty of Law, University of Uyo (as Project Chairman); Prof Mohammed Mustapha Akanbi of the Faculty of Law, University of Illorin; Prof Oluyemi Bamgbose, Faculty of Law, University of Ibadan and Prof Ifeoma Pamela Enemo, Faculty of Law, University of Nigeria.

    Others are Prof Tawfiq Ladan, Faculty of Law, Ahmadu Bello University; Dr. Abubakar Muazu, Faculty of Social Sciences, University of Maiduguri and Dr. Solomon Ukhuegbe of the Department of Public Law, University of Benin.

    Udombana said the initiative seeks to focus on an aspect of the nation’s democracy that has not been properly documented, let alone implemented.

    He noted that cases exist where persons, some in high places or institutions and groups have been indicted for engaging in electoral frauds; for infracting electoral laws; for violating fair trial norms in relation to pre or post election petitions, or electoral panel members indicted by appellate courts in connection with unethical dealings in electoral petition cases.

    “What we have not heard or read of is when and how such indicted persons were made to account for their infractions.

    “Over the years, no one dared or cared enough to demand accountability for these infractions. We believe that no rule of law can germinate from such a barren posture,”Udombana said.

    He explained that the project, which will cover 2007 and 2011 will undertake independent review of evidence of crimes in the election petition processes in the country within the period; document the cases of criminality and make it public, through the NHRC, for “possible prosecution, advocacy and mobilisation.”

    As laudable as this initiative seems, observers are agitated by issues that could undermine the realisation of the its core objective.

    This mostly revolves around the issue of legitimacy: Does the NHRC has such mandate under its Establishment Act? Does the Electoral Act sufficiently criminalised electoral offences and define acts constituting electoral offences?

    How can those involved in electoral offences be successfully prosecuted in view of the inadequacies inherent in the nation’s criminal justice system and the non-existence of a prosecutory body?

    Experts are, however, of the view that although there is no express provision empowering the NHRC to investigate and prosecute electoral offenders, the commission could find legitimacy in the fact that, having been empowered to take steps to protect citizens’ human right, this project also seeks to protect the people’s right to electoral choices; to vote and have their votes count.

    They urged the National Assembly to work towards providing the necessary structures to allow for electoral accountability.

    This, they said, could be achieved if the National Assembly make laws empowering the Executive to establish an Electoral Offences Tribunal; sufficiently criminalising electoral offences and imposing stiff penalties of even, life imprisonment.

    Lawyers, including Ahmed Raji (SAN), Dr. Timothy Olukotun, Ikechukwu Ikeji and the Second Vice Chairman, Nigerian Bar Association (NBA) Steven Abbah, spoke in the vein.

    Raji said having an Electoral Offences Tribunal as recommended by the Justice Mohammed Uwais- led panel on electoral reform would solve the problem.

    On how to ensure prompt and effective prosecution, he cited the case of the Federal High Court that has amended its Rules to fast- track criminal trials and suggested that other courts take a cue from this.

    He argued that, if the rules are faithfully implemented, the problem of delay in the criminal trial process will be resolved.

    Olukotun said the NHRC should be commended and that the initiative should be given a trial.

    “Let us watch them go about it first. If there are need for legal assistance, the National Assembly should not hesitate to make the necessary laws.

    “We need to be serious about electoral crimes if we want free and fair elections in this country,” he said.

    Ikeji argued that the Electoral Act does not sufficiently address the problem of electoral crimes and malpractices given the voluptuous nature of irregularities that usually trail all elections in Nigeria.

    “It does not sufficiently address the issue of ballot box snatching or change of figures or even violence during elections.

    “Apart from Sections 23, 24, and 96, other sections that provide for electoral offences are found under Part V111 encompassing Sections 117 to 132.

    “These sections provide for punishments of 12 months and 24 months ceiling making it too soft given the serious nature of election rigging in Nigeria. Stiffer punishments are recommended,” Ikeji said.

    He suggested the enactment of a separate electoral offences legislation, which will create an Electoral Offences Commission or Agency solely for the purpose of combating electoral offences.

    Ikeji said what is required of the government is the political will and sincerity of purpose

    “Our judges have to be more up and doing with sufficient amount of proactive tendencies. Corruption must be tackled both from its roots and its manifestations. Government has to lead the way here.

    Civil society also has to be alert all the time. There may be need to create a specialised Electoral Offences Tribunal to specifically tackle the challenge of electoral offences, he said.

    Abbah said what was required was for the law makers “to make laws that invoke public confidence and respect for the electoral process.”

    The National Assembly seemed to have realised that much of the burden rests on it. Chairman, Senate Committee on Judiciary, Human Rights and Legal Matters, Senator Umaru Dahiru and his House of Representative counterpart, while speaking at the launch of the project in Abuja last week, assured the NHRC of both houses’ commitment to the project.

    Dahiru said aside making sure that the funding of the NHRC was reflected under the first line charge, the Senate was willing to amend the Electoral Act provide for stiffer penalties for electoral offenders and aid their swift prosecution.

    He said the Senate would also work with the Federal Government to strengthen the Judiciary by appointing more judges if necessary.

    His counterpart in the House of Representatives, Benin Lar, was represented by Blessing Omaku.

     

  • Amaechi to Nigerians: demand transparent elections in 2015

    Amaechi to Nigerians: demand transparent elections in 2015

    NIGERIANS got a wake-up call yesterday from Rivers State Governor Rotimi Amaechi.

    The governor urged them to insist on good governance and the conduct of transparent elections.

    Amaechi, who made the call at a conference of the state council on information in Port Harcourt, the state capital, blamed weak governance on laxity among the electorate.

    He said the greater percentage of blame for bad leadership goes to the voting public rather than leaders.

    Amaechi said: “`The people should demand for transparent election and good governance and where they do not, they are 80 per cent of the problem.”

    The governor said the citizens must avoid keeping quiet when things went wrong in leadership on the assumption that nemesis would catch up with bad leaders.

    He said that such belief had impoverished the nation, while the leaders continued to squander national resources.

    “Insist that election must be transparent; nobody will give you your right, demand for it and claim it,” the governor counselled.

    On the feats achieved by his six-year administration, Amaechi said the administration completed 250 modern primary schools, which would be delivered to the host communities in September.

    Besides, he said his administration tackled the problem of a large number of pupils in classrooms to ensure proper learning for the children.

    He also said the administration would deliver six new model secondary schools to communities in September.

    Amaechi spoke of plans to kit pupils in public schools with laptops, tablets, beds and provide free feeding for nine months after which the parents would take over responsibility of their training.

    He also said his administration would inaugurate the “Unity bridge“ linking two coastal communities, Opobo and Ikuru, to land transportation, in January.

    The governor said his administration had also built a new school of nursing and that students would move into the facility in December.

    He said that the cultural centre and many other projects were nearing completion, adding that his administration released money for the building of a new Rivers FM station.

    Amaechi said that the government also approved money for building a new printing press for the state-owned newspaper – Nigerian Tide and the building of a new digitalised Rivers State Television.

    According to him, the project would take off as soon as release of the funds goes through the Public Procurement process.

    Explaining why the state power project has not been able to ensure 24-hour electricity supply, the governor said the power being generated and fed into the national grid, could not be dedicated solely for the state use.

    Commissioner for Information Mrs. Ibim Semenitari, said the theme of the conference was “Public Information Management as a tool for Good Governance.“

    Mrs. Semenitari explained that the theme was chosen because the state planned to develop an information policy that de-emphasised praise-singing and sycophancy in governance.

  • ACN demands elections into Oyo Assembly

    ACN demands elections into Oyo Assembly

    More than 90 days after a Federal High Court sitting in Ibadan, the Oyo State capital, approved the creation of eight additional constituencies in the House of Assembly and ordered the Independent National Electoral Commission (INEC) to conduct elections into the constituencies within 90 days, nothing of such has happened.

    The Publicity Secretary of the Action Congress of Nigeria (ACN) in the state, Mr. Dauda Koala, accused INEC of ignoring the court order.

    He said: “Ninety days have elapsed and INEC is yet to conduct elections into those constituencies as ordered by the court. We do not know why the body is silent over the matter. But what we do know is that this is a flagrant disregard of the rule of law.”

    Also yesterday, the ACN Alhaji Abdul Lateef Owoade as the Director of Finance and Administration, following the approval of the executives.

    Owoade was a pioneer member of the Alliance for Democracy(AD) and became the party’s administrative secretary in 2003.

    INEC’s spokesman, Mr. Ayodele Folami, disagreed with the ACN’s position, saying the time given by the court was 180 days and not 90.

    He said the electoral body has respect for the rule of law, especially the judiciary.

    Folami said: “When we receive judgments like these, we forward them to our headquarters in Abuja, which would come out with a decision soon.

    “We are yet to be informed by the headquarters. Once it gets back to us, we will communicate with the parties.”

    Reacting to INEC’s claim of 180 days, Kolawole said the electoral umpire was being economical with the truth.

    He said: “Where did he get 180 days from? The court said 90 days and you know all papers reported 90days. What is INEC talking about? I believe this is just a ploy to distort information and frustrate the development that the state will achieve through the creation of those constituencies.”

    The Accord expressed optimism that INEC would follow the rule of law.

    The party’s Chairman, Mr. Lawal Bashiru, said: “I think they are still collating data and the population in the eight constituencies.”

    He however urged the body to ensure that it conducts the elections before 2015.

     

  • Technology shapes Kenyan elections

    The growing influence of the Internet and social media in Kenya has played a crucial role in this year’s elections, from allowing ordinary Kenyans to question candidates to spreading messages of peace to avert fresh bloodshed.

    After millions of Kenyans cast their ballots, a platform that had been designed to help them locate polling stations assumed a new function: Circulating messages against the violence that marred election results five years ago, almost splitting the nation along ethnic lines. “Thank you for keeping the peace,” the message read.

    “Last elections we saw a lot of problems come up, so now we are doing our part to keep the peace and share positive messages,” said 22-year-old developer David Lemayian, who built the website, called Got to Vote.

    Mr. Lemayian is at the forefront of an industry that is changing Kenya’s elections, as the tools of technology bring new scrutiny to the candidates and the votes that are cast for them.

    Since the 2007 election, millions of Kenyans haven’t just voted—they have interacted. That has meant using short mobile phone messages, social media and crowdsourced information to question presidential candidates. Some groups monitor the entire electoral process, from registration to voter education and polling.

    Behind this surging interest in the nation’s politics is the booming use of the Internet. According to Kenya’s Communication Commission, last year 14 million people regularly used the Internet—more than a third of the population. That segment had jumped from 10.5 million at the end of 2011. Before the last election, fewer than 3 million Kenyans used the Internet.

    As results started arriving on Monday, Kenyans used Twitter hashtags #kenyadecides and #postelectionpeace to urge against violence, no matter the result.

    With the electoral commission reporting about 42% of votes, Kenyan Deputy Prime Minister Uhuru Kenyatta is leading the presidential contest with 54% of the tally. Prime Minister Raila Odinga is second at 42%.

    The winner must gain more than 50% of the vote, or the commission will declare a runoff to take place 30 days after the final result is announced. Any legal petitions challenging Monday’s vote could delay the process.

    The one clear result so far is the proliferation of groups keeping tabs on Kenyan politicians and the election contests.

    The Code4Kenya team is building open technology platforms, such as Got to Vote, to enable citizens to get answers about elections, such as how to register to vote. The platform serves as an alternative to the government source, which requires viewers to wade through bulky documents.

    One of the pioneers of Kenyan open data projects is Ushahidi. Swahili for “Testimony,” Ushahidi was developed as an open-source platform to pinpoint trouble spots when rioting rocked the country in the aftermath of the 2007 elections. More than 1,000 people died and hundreds of thousands were displaced in the violence.

    “We believe as Kenyans it is our duty to support the system as best as we can, and make that system as strong as it can be, so that people can’t take the undemocratic way,” said Daudi Were, one of Ushahidi’s founders.

    Ushahidi’s platform has since gone global. It has been used in 159 countries and 30 languages, the company says.

    For Monday’s elections in Kenya, Ushahidi deployed a monitoring project called Uchaguzi, meaning “elections” in Swahili. A situation room was setup in the iHub, a Nairobi tech center, and volunteers collected reports on social media and SMS reports, mapped and verified them, and developed a report.

    After gathering countless tweets about long lines and technical difficulties at polling stations, the social media monitoring team stumbled on a more striking story: A woman had given birth in the line outside her polling station.

    Before long, another monitor started gathering tweets about women passing their babies down the line in order to jump the queue. Polling clerks started marking children with ink to keep track of where people stood in line.

    The emergence of Kenya’s Twitter generation comes as the government seeks to build Nairobi into an African technology hub. The Kenya ICT Board, a state corporation, has plans to a build a new tech city, Konza, the “Silicon Savannah” on Nairobi’s outskirts, with global tech giants such as Google Inc., GOOG +2.16%Nokia Corp. NOK1V.HE +2.79% and International Business Machines Corp. IBM +0.88% having been drawn to Kenya recently.

    For Mr. Lemayian, the tech craze isn’t a fleeting trend—it is a sign of a culture that will keep powerful politicians in check. “Electricity was a powerful tool that enabled the small guys to rise up,” he said. “We are using technology in the same way.”

    •Culled from Wall Street Journal

     

  • Nasarawa ACN mobilises for elections

    Nasarawa ACN mobilises for elections

    Action Congress of Nigeria (ACN), has begun mobilisation for the forth-coming locxal government elections in the state.

    The chairman of the party, Mr. Bashir Jabiru, said the party will achieve victory at the poll because it has credible candidates.

    He told our correspondent that the mobilisation of the people of the state is on course, adding that majority are rooting for power shift.

    Jabiru, a lawyer, explained that, with the teeming supporters of the party in the 13 local councils and 16 development areas, the party would win gallantly during the elections.

    He said the aggrieved party loyalists who have left for the fold have retraced their steps because of the confidence they have in the current party structure under his leadership.

    Jabiru added: “If you go to all the local governments now, you will feel our impact there. Not only that, party secretariats are all over the places and the state secretariat would soon be inaugurated by the Minority Leader of the Senate, Senator George Akume. So, we are fully prepared for the local government elections. We are waiting for the Nasarawa State Independent Electoral Commission (NASIEC) to make the announcement.

    “We are ready to bring development to the grassroots in the state and that is why we are working tirelessly to improve the living standard of our people. The party have set standard in the Southwest region and we are trying to bring such development to other regions”.