The Nation Newspaper

Tag: electoral

  • Urgent need to breathe new life into state electoral commissions

    Urgent need to breathe new life into state electoral commissions

    • By Frank Ojeme Anyasi

    Local governments play crucial roles in actualising grassroots democracy and development.   They ensure that the gains of democracy get to the ordinary man. The local governments provide the most essential public services such as health and safety, transportation, sanitation, sustenance of the environment as well as the provision and maintenance of utilities. 

    Nigeria used to be a unitary state. This was from January 1900 to 1954 when it changed to a federation. The adoption of a federal system of government came with the introduction of the native authorities as a tier of government. However, under that arrangement, the native authorities they were each under the control of the regional government. That trend continued until the local government reform of 1976. The reform revolutionized the local government administration in the country and its official recognition as the third tier of government. The reform sought to address the role of local government in Nigeria. Some of the features of the reform include the creation of more local government areas, introduction of elective principles into the local government administration and the exclusion of the traditional rulers in the administration of local government councils. Local governments were to be financed by both the federal and local government councils. In fact, the current local government system was predicated on the 1976 reform.

    In a landmark decision delivered by the Supreme Court on July 11, the court reinforced the autonomy of local governments in Nigeria by affirming their status as a distinct third tier of government. That judgement addressed the crucial constitutional issues surrounding the financial independence of the local government. The court directed the federal government to ensure that the funds allocated to local governments are paid directly to the accounts of democratically elected local government councils. That decision has been welcomed by well-meaning Nigerians as laudable but not far-reaching enough to guarantee total autonomy to local governments. This is because the credibility and quality of the elections into local government remain to be sorted out. 

    Following the Supreme Court ruling, the states embarked on local government elections but the ruling party in the states always clear the polls. This has led to voter apathy and loss of confidence in the outcomes of the local government elections. Consequently, there have been calls from some quarters to transfer the functions of the State Independent Electoral Commissions to the Independent National Electoral Commission (INEC) to ensure efficiency and transparency.

    Proponents  of the centralized local government elections argue that the State Independent Electoral Commission is unduly influenced and  compromised by the  state governors and, therefore, cannot independently carry out its  duties with the integrity expected. As such when the council polls are held, they fall short of the principles of free, fair and credible elections, with only the party in power in the  states always winning overwhelmingly or complete majority .

    Unlike the 1989 Constitution that states that local government elections be held every three years, the 1999 basic law of the country is silent over this. So the local governments exist at the whims and caprices of the governors and the state Houses of Assembly. There is therefore, need to amend the constitution to provide for the tenure of the local government councils.

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    Transferring local government elections to (INEC) will not serve any meaningful purpose. It will only rob the local governments of their hard won autonomy and further concentrate more power in the centre. It would also further undermine the country’s federal system of government.  After all, politics is local and people should be allowed to manage their electoral process at the local level.  State Independent Electoral Commission should put measures in place that will make the use of technology in the  determination of election results   mandatory, in line with international best practices.

    Though the 1999 Constitution established the SIECs to organize, undertake  and supervise all elections to  local  government  councils, it did  not provide for the administrative and  financial independence for  the commission that  will guarantee its autonomy .

    Some people want microwave solution to political problems.

    The nation’s universities should be asked to assist in providing solutions to the election challenges plaguing the local government councils. Some university dons have contributed to advancing the frontiers of knowledge in local government administration. Their wealth of knowledge and experience should be utilized to ameliorate the challenge of local government elections. The attitudes of some informed citizens are discouraging. They do not show any interest in the local government affairs.  Some of them do not know the local government secretariats in their communities. Rather they are concerned with the political activities at federal and state levels. 

    Everyone needs to stand up and fight for the soul of the local government system. The citizens should demand transparency and accountability from their local government chairmen and councillors. They should also insist that governors prioritize free and fair local government elections over personal political interests.

    The prime reason for the creation of local governments which is to bring development to the local communities and reduce the rural/urban migration cannot be over emphasized. Many years ago, I travelled to Pittsburgh, USA, for a training programme. Part of the programme was a study tour of Washington DC. One of the course facilitators told me he was excited about the tour because it would afford him the opportunity of visiting Washington DC for the first time, a journey of about four hours 25 minutes. He noticed that I was surprised, and immediately told me that he had no need to travel to the city because all the social amenities he needed were in his county. Every local government should aspire to do same in its area.

    Governors should  realise that the  pursuit of their personal political  interests at the  expense of efficient local government administration, have consequences, most of which are not only borne by the  governors and their co-travellers but by Nigerians who are eagerly looking forward to a local government system that works in line with international standards.

    •Anyasi writes from Abuja.

  • Wanted: Compliance with orders to prosecute electoral offenders, account for N729b

    Wanted: Compliance with orders to prosecute electoral offenders, account for N729b

    The Socio-Economic Rights and Accountability Project (SERAP) has obtained judgments on two public interest litigations. In the first, the court ordered a former minister to account for N729b allegedly paid the poor in six months. In the other, the court directed INEC to investigate electoral malpractices and violence in the 2023 poll. Deputy News Editor JOSEPH JIBUEZE reviews the verdicts.

    There is no doubt that Nigeria has a history of flawed elections marred by violence, bribery, vote-buying, undue influence and intimidation.

    Often, those who sponsor such violence or the perpetrators are hardly held to account, with convictions from electoral violence still low.

    To help tackle this problem, the Socio-Economic Rights and Accountability Project (SERAP) filed a suit against the Independent National Electoral Commission (INEC).

    It prayed the court to compel the electoral body to perform its constitutional and statutory duties to ensure the prosecution of suspected perpetrators of electoral offences and their sponsors during the 2023 elections.

    In a groundbreaking judgment, the Federal High Court in Abuja ordered the INEC to hold governors, their deputies and others to account over cases of electoral violence, bribery, vote-buying, and conspiracy during the chaotic 2023 general elections in which voters were intimidated in most places, including Lagos.

    In a first-of-its-kind verdict, the court ordered INEC to ensure “the appointment of independent counsel to investigate cases of electoral violence and other electoral offences against state governors and their deputies during the 2023 general elections.”

    SERAP also obtained another significant judgment from many of its public interest litigations.

    The Federal High Court in Lagos, in a landmark judgment, ordered former Minister of Humanitarian Affairs, Disasters Management and Social Development, Sadia Umar-Farouk, to account for payments of N729billion to 24.3 million poor Nigerians for six months.

    The court ordered the former minister to provide the list and details of the beneficiaries who received the payments, the number of states covered and the payments per state.

    Court orders accountability over 2023 election violence

    The judgment on electoral violence was delivered on July 18 by Justice Obiora Atuegwu Egwuatu following a mandamus lawsuit numbered FHC/ABJ/CS/583/2023 brought by SERAP.

    The court also ordered INEC “to promptly, thoroughly and effectively investigate cases of electoral violence and other electoral offences committed during the 2023 general elections and to identify suspected perpetrators and their sponsors and ensure their effective prosecution.”

    Justice Egwuatu ordered INEC “to swiftly prosecute all arrested offenders in the 2023 general elections in the custody of the Nigeria Police Force, Economic and Financial Crimes Commission (EFCC) Independent Corrupt Practices and Other Related Offences Commission (ICPC) and other law enforcement agencies.”

    The judge held: “I have compassionately evaluated the depositions in the affidavit of SERAP and I have no reason not to believe the depositions more so when there is documentary evidence in support of the depositions.

    “In the circumstances, therefore, I find merit in the application.

    “The sole issue of whether this Court ought to grant the relief of judicial review and orders of mandamus is resolved in favour of SERAP. Accordingly, I grant the prayers sought.”

    Justice Egwuatu noted that being citizens, SERAP and its members have a legal interest whose enjoyment or enforcement directly or substantially depends on the performance of public duty by INEC.

    He added: “In requesting the performance of the public duty imposed on the electoral body, SERAP has demonstrated a great zeal of patriotism.

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    “The substance of SERAP’s grouse is the violence associated with elections in Nigeria which tends to prevent citizens from exercising their franchise during elections, thus preventing credible elections and in the long run credible leaders.

    “There is no gainsaying the fact that electoral violence and the associated crimes committed during elections in Nigeria is a great bane to the development of this country both democratically and economically.

    “SERAP has also shown vide exhibit A8, a letter addressed to INEC requesting amongst other things the appointment of an independent counsel to investigate allegations of electoral offences, including bribery, conspiracy, and undue influence against state governors and their deputies during the 2023 general elections.

    “Exhibit A8 is thus a distinct and clear demand for the performance of the duty made by SERAP.

    “The electoral body till the date of filing the action failed to, refused and or neglected to carry out or perform the duty requested by SERAP.”

    The court noted that the Electoral Act 2022 creates some electoral offences, such as Sections 123, 124, 125, 126 127, 128 and 129.

    Justice Egwuatu continued: “Trial of offences created by the Electoral Act is done in a Magistrate Court or a High Court of a state in which the offence is committed, or the Federal Capital Territory, Abuja. See Section 145(1) of the Electoral Act.

    “By Section 145(2) of the same Act, prosecution for the offences shall be undertaken by legal officers of INEC or any legal practitioner appointed by INEC.

    “Clearly, therefore, the law imposes on INEC the performance of a public duty.”

    Affirming SERAP’s right to bring the action, the judge added: “Section 24(d) and (e) of the Nigerian Constitution 1999 (as amended) recognises the rights of citizens to take steps towards advancing the community where they reside.

    “The section provides that ‘it shall be the duty of every citizen to -(d) make positive and useful contribution to the advancement of progress and well-being of the community where he resides; (e) render assistance to appropriate and lawful agencies in the maintenance of law and order.

    “By the provision of order 34 of the Federal High Court (Civil Procedure) Rules, 2019, this court is empowered to grant an order of mandamus, prohibition or certiorari in the manner set out in the order.

    “On an application for judicial review, any relief mentioned in rule 1 of order 34 may be claimed as an alternative or in addition to any other relief so mentioned if it arises out of, relates to or is connected with the same matter.

    “An order mandamus lies to compel the performance of a public duty at the instance of a person who has a sufficient legal interest in the performance of that public duty.

    “Where a public duty is imposed on a public or government body, authority, department or official and the authority, department or official refuses or fails to perform that duty, an order of mandamus would issue to compel that body, authority, department or official to carry out that duty in respect of a person whose interest is directly and substantially affected by the refusal or failure to perform that duty.

    “I must say that the entirety of the facts deposed to by SERAP was not controverted by INEC.”

    The orders

    Justice Egwuatu granted the following orders of mandamus against INEC:

    • An order of mandamus is hereby made directing and compelling the respondent to seek the appointment of independent counsel to investigate allegations of electoral offences including bribery, vote-buying, conspiracy, and undue influence against state governors and their deputies during the 2023 general elections.

    • An order of mandamus is hereby made directing and compelling the respondent to promptly, thoroughly and effectively investigate reports of electoral violence and other electoral offences committed during the 2023 general elections, identify suspected perpetrators and their sponsors, and ensure their effective prosecution.

    • An order of mandamus is hereby made directing and compelling the respondent to swiftly, prosecute all arrested electoral offenders in the just concluded 2023 general election in the custody of the Nigeria Police Force, EFCC, ICPC and other law enforcement agencies.

    SERAP demands compliance

    In a July 20 letter to INEC Chairman, Prof. Mahmood Yakubu, SERAP urged him to use his good offices “to immediately enforce the judgment…”

    “We urge you to demonstrate your expressed commitment to the rule of law by immediately obeying and respecting the judgment of the Court.

    “We urge you to approach the Chief Justice of the Federation as required under Section 52 of the ICPC Act for the authorisation of an independent counsel to investigate cases of electoral offences against governors and their deputies during the 2023 general elections, as ordered by the court.

    “We also urge you to work closely with the Nigeria Police Force, EFCC, ICPC and other law enforcement agencies to prosecute the perpetrators and sponsors of electoral offences during the 2023 general elections, as ordered by the court.”

    The rights group stressed that respecting and implementing Justice Egwuatu’s orders are imperative for protecting the rights of Nigerians to a free and fair election and reinforcing the primacy of the Constitution, Electoral Act and the country’s international obligations.

    SERAP added: “The immediate enforcement and implementation of the judgment by INEC will be a victory for the rule of law, fair, representative and violent-free elections in Nigeria.

    “It would also advance Nigerians’ right to freely participate in their own government.

    “By immediately complying with the judgment, you will show Nigerians that the electoral body is willing and able to end many years of brazen impunity for electoral offences in the country.

    “Immediately implementing the judgment will restore public trust and confidence in Nigeria’s electoral process.

    “It will also ensure compliance with constitutional provisions, international standards and the Electoral Act.

    “SERAP trusts that you will see compliance with this judgment as a central aspect of electoral reform, and an important opportunity for INEC to assert its independence and authority.

    “We therefore look forward to your positive response and action on the judgment.”

    The letter was copied to Attorney-General of the Federation Prince Lateef Fagbemi (SAN), EFCC Chairman Olanipekun Olukoyede and ICPC Chairman Mr Musa Aliyu.

    Judgment on N729b spending

    The judgment against Umar-Farouk was delivered on June 27 by Justice Deinde Isaac Dipeolu following SERAP’s Freedom of Information suit numbered FHC/L/CS/853/2021.

    Justice Dipeolu held: “The former minister is compelled by the provisions of the Freedom of Information Act to give information to any person including SERAP.

    “I, therefore, grant an order of mandamus directing and compelling the minister to provide the spending details of N729 billion to 24.3 million poor Nigerians in 2021.”

    Justice Dipeolu ordered the minister to “provide SERAP with details of how the beneficiaries have been selected and the mechanisms for the payments to the beneficiaries.”

    The judge also ordered the minister to “explain the rationale for paying N5,000 to 24.3 million poor Nigerians, which translates to five percent of Nigeria’s budget of N13.6 trillion for 2021.”

    Justice Dipeolu held: “The minister did not give any reason for the refusal to disclose the details sought by SERAP.

    “SERAP has reeled out the relevant sections of the Freedom of Information Act 2011 that the minister contravened and has in line with sections 20 and 25(1) of the Act prayed this Court for an order of mandamus to direct and compel the minister to provide the information sought.”

    Justice Dipeolu dismissed the objections raised by the minister’s counsel, upheld SERAP’s arguments and entered judgment in favour of SERAP against the minister.

    The orders

    Justice Dipeolu granted the following orders of mandamus against the minister:

    • An order of mandamus is hereby made directing and compelling the respondent to provide the details of the payments of N729 billion to 24.3 million poor Nigerians for six months, including the mechanisms and logistics put in place for the payments and list of beneficiaries.

    • An order of mandamus is hereby made directing and compelling the respondent to provide the details of how the beneficiaries have been selected, the number of states covered and the payments per state.

    • An order of mandamus is hereby made directing and compelling the respondent to state whether payments were made in cash, through bank verification numbers or other means.

    • An order of mandamus is hereby made directing and compelling the respondent to explain the rationale for paying N5,000 to 24.3 million poor Nigerians, which translate to five per cent of Nigeria’s budget of N13.6 trillion for 2021.

    • An order of mandamus is hereby made directing and compelling the respondent to clarify if the spending was part of the N5.6 trillion budget deficit.

    SERAP demands compliance

    SERAP, in a July 6 letter to President Bola Ahmed Tinubu through his Chief of Staff Femi Gbajabiamila, urged him to obey the judgment.

    The letter reads in part: “We urge you to direct the Ministry of Humanitarian Affairs, Disasters Management and Social Development and the office of the Attorney General of the Federation to immediately compile and release the spending details of the N729 billion as ordered by the court.

    “Transparency in the spending of the N729 billion meant for poor Nigerians is good for everyone, as this would help to increase the effectiveness, legitimacy, and contribution of the recovered loot to the development of public goods and services, and the general public interests.”

    “Democracy cannot flourish if governments operate in secrecy.

    ‘The citizens are entitled to know how the commonwealth including Abacha loot, is being utilised, managed and administered in a democratic setting.

    “Immediately implementing the judgment will restore trust and confidence in the independence of Nigeria’s judiciary.

    “SERAP urges you to make a clean break with the past and take clear and decisive steps that demonstrate your commitment to the rule of law, transparency and accountability in the governance processes.

    “SERAP trusts that you will see compliance with this judgment as a central aspect of the rule of law; an essential stepping stone to constructing a basic institutional framework for legality and constitutionality.

    “We therefore look forward to your positive response and action on the judgment.

    “The immediate enforcement and implementation of the judgment by your government will be a victory for the rule of law, transparency and accountability in the governance processes and management of public resources including the N729 billion.

    “By immediately complying with the judgment, your government will be demonstrating to Nigerians that it is different from the Buhari government, which persistently and brazenly defied the country’s judiciary, and sending a powerful message to politicians and others that there will be no impunity for grand corruption.”

    The letter, signed by SERAP Deputy Director Kolawole Oluwadare, was also copied Attorney-General of the Federation and Minister of Justice, Prince Lateef Fagbemi (SAN).

    Need for compliance

    Reacting to Justice Egwuatu’s judgment, SERAP deputy director Kolawole Oluwadare said it was an “important milestone for Nigerians’ right to free and fair elections, and for victims of electoral offences in their search for justice, truth and reparations for the crimes which took place during the 2023 general elections.”

    He added: “Justice Egwuatu’s judgment now provides a binding precedent for INEC to immediately pursue justice for those who suffered egregious abuses in Nigeria’s 2023 general elections.

    “We commend Justice Egwuatu for his wisdom and courage, and his landmark decision.

    “Respecting and implementing Justice Egwuatu’s judgment is imperative for protecting the rights of Nigerians to a free and fair election and reinforcing the primacy of the Nigerian Constitution, Electoral Act and the country’s international obligations.”

    Oluwadare described Justice Dipeolu’s verdict as “ground-breaking” and “a victory for transparency and accountability in the spending of public funds.”

    He added: “The judgment shows the urgent need for the Tinubu government to genuinely address the systemic allegations of corruption in the Ministry of Humanitarian Affairs, Disasters Management and Social Development and other ministries, departments and agencies, as documented by the Auditor-General of the Federation.

    “We commend Justice Dipeolu for her courage and wisdom, and urge President Bola Tinubu to immediately obey the court orders.”

    Falana, Olaniyan to govt: obey verdicts

    Activist-lawyer Femi Falana (SAN) hailed the judgment by Justice Dipeolu.

    He said: “SERAP deserves the commendation of all well-meaning people that have agonised over reports of systemic corruption in the Ministry of Humanitarian Affairs, Disasters Management and Social Development and other MDAs.

    “This is one of the most patriotic public interest litigations ever undertaken in Nigeria.

    “We call on the Tinubu government to use the judgment as the basis for comprehensively addressing cases of corruption in the ministry and bringing to justice those suspected to be responsible as well as recovering proceeds of corruption.”

    Legal Adviser, Amnesty International Secretariat, London, Dr Kolawole Olaniyan, urged President Tinubu to ensure the judgments are complied with.

    He said: “Pending the anticipated reforms, the Tinubu Administration must consistently and fairly enforce the existing laws outlawing corruption, by for example obeying court judgments, including those obtained by the anti-corruption watchdog, SERAP.”

    He recalled that SERAP had also obtained a judgment ordering the Federal Government to account for the $460million Chinese loan obtained to fund the failed Abuja CCTV contract.

    A Lagos lawyer, Jonathan Iyieke, hailed SERAP’s “numerous public interest litigations”.

    “In a country like Nigeria where corruption and disobedience to the rule of law are eulogised, it does not matter how many times one goes to court.”

    He urged the Tinubu administration to ensure the judgments were obeyed.

  • Bill on council electoral commission tabled

    Bill on council electoral commission tabled

    • National Assembly begins debate

    The Senate yesterday began moves for the establishment of a national electoral commission for the conduct of local government polls.

    At the plenary, a bill seeking to establish the agency scaled the first reading in the in the Upper Chamber of the National Assembly.

    The Bill, which was read for the first time, seeks to establish the commission to conduct chairmanship and councilorship elections in the third tier of  government.

    Titled: “National Independent Local Government Electoral Commission and other matters (Establishment) Bill, 2024,” the bill was sponsored by the Chairman, Senate Committee on Finance, Senator Sani Musa, (APC – Niger East).

    It was tabled before the Senate, a week after the Supreme Court affirmed financial autonomy for democratically elected local governments.

    The State Independent Electoral Commission (SIEC) set up by state governments for council polls may cease to exist, if the bills scales through and assented to by President Bola Ahmed Tinubu.

    Senator Musa highlighted the aims and objectives of the proposed commission, which are similar to the functions of the Independent National Electoral Commission (INEC)

    He said NILGEC will conduct free, fair, and transparent elections for Local Government chairman and councillors, prepare and maintain an accurate and up-to-date voter register.

    The agency will also ensure voter education and public awareness towardds the electoral process.

     Musa said NILGEC will set and enforce electoral guidelines and regulations for council elections,

     recruit and train electoral officers and staff for efficient election management, monitor and supervise all electoral activities and processes at the council level.

    Also, the commission will investigate and adjudicate electoral disputes and grievances.

    Musa said “NILGEC shall operate independently, free from external influence and interference.”

    He added: “The Commission shall have its own budget, approved by the National Assembly, to ensure financial independence.

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    “NILGEC shall develop and implement procedures for voter registration, candidate nomination, and the conduct of elections.

    “NILGEC shall ensure the provision of necessary electoral materials and logistics for the smooth conduct of elections.

    “NILGEC shall announce the election schedule, at least, six months before the date of the election.

    “Elections for the offices of Local Government Chairman and Councillors shall be conducted every four years.

    “NILGEC shall define and enforce penalties for electoral offenses, including but not limited to voter fraud, ballot stuffing, and electoral violence.

    “Offenders shall be prosecuted and punished in accordance with the laws of the land.

    “NILGEC shall collaborate with other relevant government agencies, security forces, and civil society organizations to ensure a secure and credible electoral process.

    “Upon the establishment of NILGEC, all powers and functions related to the conduct of Local Government elections previously vested in any other body or authority shall be transferred to NILGEC.”

  • Excessive litigation over electoral outcome eroding people’s confidence in leadership

    Excessive litigation over electoral outcome eroding people’s confidence in leadership

    Speaker of the House of Representatives, Hon. Tajudeen Abbas said yesterday  that over judicialisation of electoral outcomes in the country is greatly eroding the confidence of the people in the legitimacy of political leadership in the country.

    The Speaker who spoke while addressing his colleagues before the House adjourned for the Christmas and New Year break said the outcomes of elections should be decided at the polling unit and not in a courtroom.

    Speaker Abbas said the House recognises the importance of electoral reforms in strengthening the nation’s democratic institutions and took the initiative to take the lead in soliciting citizens’ input on the Electoral Act 2022 and recommendations on how to strengthen it to deliver more free and fair elections and reduce the judiciary’s influence on the electoral process.

    He said the citizens’ town hall on electoral reforms organised by the House had made far-reaching recommendations that would be considered in amending the Electoral Act.

    He said the House has made significant strides in fostering greater collaboration with citizens in all its key legislative activities which has been achieved through engaging citizens in oversight, committee activities, and other legislative processes.

    According to him, these efforts have ensured that the voices of the people are heard and their inputs are incorporated into the lawmaking process.

    The Speaker disclosed that in the last six months, the House made remarkable progress, and has received and considered nine hundred and sixty-two (962) bills, five hundred (500) Motions, and one hundred and fifty-three (153) petitions.

    He said that out of the numbers, one hundred and Twenty (120) bills have passed the second reading and are currently undergoing further review and refinement to address some of the concerns raised during the debates.

    He said further that another one hundred and twenty-two (120) bills have been referred to committees for in-depth analysis. We have also successfully passed many other bills, which have been transmitted to the Senate for concurrence.

    Some of the bills he said include the Electricity Act (Amendment) Bill, 2023, the Federal Audit Service Act (Amendment) Bill, 2023, 2022 Supplementary Appropriation Act (Amendment) Bill, 2023 and the Oath Act (Repeal and Enactment) Bill, 2023.

    He said “Other critical bills passed by the House include the Control of Small Arms and Light Weapons Bill, 2023, Federal Fire and Rescue Service Bill, 2023, Administration of Criminal Justice Act (Repeal and Enactment) Bill, 2023, Niger Delta Development Commission Act (Amendment) Bill, 2023, Nigerian Medical Research Council (Establishment) Bill, 2023, Nigerian Peace Corps (Establishment) Bill, 2023 and more recently, the South East Development Commission (Establishment) Bill, 2023.

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    “The Defence Industries Corporation of Nigeria (Repeal and Re-enactment) Bill 2023 that we passed was assented to by President Bola Ahmed Tinubu on 23rd November, 2023. It repealed the 1964 legislation and replaced it with a more contemporary legislation that empowers the Defence Corporation to manufacture, store and dispose of ordinance.

    “All these bills are intended to provide immediate relief and long-term solutions to the challenges that have plagued our society. Through these bills, we aim to empower our citizens, enhance social justice, promote economic growth, and promote peace and security.

    “Over the same period, the House received and resolved over 500 Motions, many of which brought to the attention of the House and the nation pressing matters affecting the people. I have always considered Motions to be one of the most potent tools of legislative representation.”

  • Citizens’ confidence and electoral reforms

    Citizens’ confidence and electoral reforms

    The National Assembly Committee on Electoral Reforms last week, organized a Citizens’ Town Hall in conjunction with Yiaga Africa. The event which attracted a broad spectrum of stakeholders was aimed at deepening citizens’ engagement and inclusiveness in the electoral reforms process.

    Senate president, Godswill Akpabio set the tone for the discussions: “We are committed not only to go along with the people on the call for reforms to the electoral legal framework…but protect the independence of the Independent National Electoral Commission, INEC, and also restore the trust of our people in the electoral process”.

    Two key issues are encapsulated in the above statement. The first is the recognition of a welter of public demand for reforms of the electoral legal framework. The second which is a consequence of the imperfections of the first, is the growing loss of public confidence in the electoral process due to its inability to adequately guarantee and reflect the will of the electorate.

    These electoral deficits are not entirely new as various attempts have in the past been made to have them reformed. Late President Umaru Yar’Adua had admitted immediately he took over from his predecessor, the shortcomings of the election that brought him to power. That election defied all the rules of free, fair and credible contest leading to loss of confidence in the process.

    The disenchantment was so much so that it became inconceivable how people could submit themselves to future contests under that charade.  Yar’Adua moved quickly to set up the Mohammed Uwais Electoral Reforms Committee to come up with measures to restore the confidence of the people in the electoral process and deepen democracy.

    The high powered committee made far-reaching recommendations to improve the electoral process and environment, strengthen the legal framework and enhance the independence of the electoral body. It also had position on how to improve the performance of various institutions and stakeholders in the election management process such as the legislature, judiciary, executive and political parties.

    Yar’Adua accepted most of the recommendations except the transfer of the powers to appoint the board of the INEC from the president to the National Judicial Council, NJC. He was to begin implementing them before he fell ill. His successor Jonathan implemented the policy aspects and forwarded the entire report to the National Assembly for consideration.

    During the first and last tenures of the Buhari administration, the National Assembly made strident efforts to amend the Electoral Act to enhance the integrity of elections. Through the Electoral Act Amendment Bill, it sought to give legal teeth to the deployment of technology during voting, collation of results and direct transmission of results from the polling units to the INEC result viewing portals.

    At least on three occasions the bill came to Buhari for assent but he declined citing time constraints and raising objections that gave out his discomfort with the reforms. But he succumbed to pressure on the eve of the last elections finally assenting to the deployment of technology and direct transmission of election results from the polling units to the INEC result viewing portal.

    That assent did much to restore confidence that the then coming elections would mark a sharp departure from previous ones. Technology and the direct transmission of elections results were envisaged to eliminate ballot box stuffing and snatching, falsification of results and ambush of election materials by desperate politicians and their army of thugs.

    That was the setting the last general elections were conducted. Technology went on fairly well at the National Assembly election but things went awry at the presidential polls as the scanned results could not be transmitted due to what INEC was later to identify as glitches. This did not go down well with the citizens as allegations of foul play were freely traded by the political parties.

    The inability of the INEC to transmit the results of the presidential election was a major issue in the election petitions by the political parties. Those petitions have been put to rest by the Supreme Court. But what emerged from the Supreme Court ruling is that INEC is not under obligation to compute results from the result viewing portal. That seemed to have rubbished all the optimism on the capacity of direct transmission of election results to guarantee the integrity of our elections.

    Public confidence in the electoral process is again at its lowest ebb especially given the outcome of the off-cycle elections in three states. These have again resonated in agitations for the reforms of the electoral process to guarantee its integrity especially as politicians have not shown any change from their old and crooked ways.

    When Akpabio spoke of calls for reforms with a promise to restore the trust of the people in the electoral process, he was responding to palpable public disillusionment with the outcome of the last elections. That is the challenge facing the National Assembly. They want to get at it through citizens’ participation and engagement.

    But we are not really lacking in what to do to enhance the integrity of elections and deepen democracy.  The Uwais committee had far-reaching recommendations that addressed these electoral deficits had the political will for their acceptance and implementation been there. Much of the issues that were canvassed at the town hall had been elaborately dealt with by that committee. 

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    As should be expected, participants offered suggestions on aspects of our laws that should be tinkered with to enhance the integrity of institutions involved in election management, the credibility of the electoral process and survival of democracy. The first target of such reforms should be an amendment to the Electoral Act mandating INEC to deploy technology in accreditation and voting and computation of election results directly from the figures transmitted from the polling units to the result viewing portal.

    Former INEC chairman, Attahiru Jega raised a valid issue when he canvassed the proscription of cross-carpeting for elected officials. He would want them to relinquish their elective positions before decamping to any other party. Jega also wants the appointment of the board of the INEC to be taken away from the president to an independent body to ensure neutrality and impartiality of the officials.

    There is merit in both proposals even as they are not entirely novel. As a matter of fact, our constitution made copious provisions to discourage elected officials from decamping to other political parties unless there is division in their parties. But that provision has often been negatively exploited by elected officials to decamp and in most cases to the ruling party.

    This tendency is unhealthy for democracy as it encourages the slide to one party state. Matters are not helped by our brand of politics (political culture) that frowns at opposition, constantly evolving devious strategies to emasculate dissent.

    So that section of the constitution has to be tinkered with to make it mandatory for elected officials to relinquish their positions before decamping to other political parties. This will not only checkmate the increasing gravitation to the ruling party but more fundamentally ensure the plurality of party politics. Our democracy will be better with virile opposition.

    Before now, scholars had argued with varying degrees of plausibility that African tradition and culture loathe opposition. They point to our kingship system to buttress this point. That seems evident from the mad rush to cross-carpeting. It is also evident in the selective reward to those who voted for the winning party to the exclusion of others. It is no less evident in the winner-takes-all syndrome of our politics.

    And unless serious efforts are made through legislation to check this tendency, we may wake up one day to the reality of a one party state. One is frightened at such prospects. The divestment of the appointment of the board of INEC and resident electoral commissioners is another issue for urgent resolution. The Uwais committee wants the NJC to exercise that power. There is merit in an independent body taking over such appointments to guarantees the credibility and impartiality of the electoral umpire.

    A political party and some civil society groups have taken President Tinubu to court for allegedly appointing party members into such offices. This reinforces the urgency to insulate the presidency from such appointments to guarantee the integrity of an agency already assailed by credibility deficits.

    Our books are not lacking in what to do to strengthen and provide fertile ground for democracy to grow and flourish. What has been in short supply is the political will to do the right thing. But it does appear we have no choice if we want democracy in its pristine form. Will President Tinubu make the desired difference in this regard?

  • Trial of 191 electoral offences suspects to begin

    Trial of 191 electoral offences suspects to begin

    • Ebonyi, Edo, Anambra have  highest number of suspects

    No fewer than 191 suspects have been lined up for trial, billed to commence soon, according to sources close to the Independent National Electoral Commission (INEC).

    Also to be prosecuted after the first batch of 191, are 885 suspects.

    All of them totaling 1,076 were arrested across 35 states during the February 25 and March 18 national and state elections.

    They will be be prosecuted by INEC and the Nigeria Bar Association (NBA) teams.

    The prosecution by INEC and NBA would be done in collaboration with the police.

    The source explained that the NBA Chairman, Mr Yakubu Maikyau, in a letter to the INEC Chairman, Prof. Mahmood Yakubu, listed 191 lawyers, including 16 Senior Advocates of Nigeria (SANs), who have accepted to take up the cases free of charge.

    During a recent visit to INEC, Maikyau reiterated NBA’s  readiness to offer pro-bono (free) legal services to the commission for the prosecution of the electoral offenders as a service to Nigeria.

    He said that would be done with the assistance of the Police and INEC to achieve diligent prosecution.

    The source said 191 case files have been prepared for the prosecution.

    The breakdown of the cases shows that Ebonyi has the highest number of 64 cases, involving 216 suspects.

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    Edo is second with 22 cases and 80 suspects, and Anambra is third with 12 cases involving 66 suspects.

    Kaduna State is fourth with 11 cases and 36 suspects; Adamawa ranks fifth with 10 cases, 17 suspects.

    Also, Kano, Rivers and Osun states share the fifth position with nine cases each involving 74, 68 and 47 suspects respectively.

    Yobe has the least with just one case file implicating two suspects.

    The electoral offences committed range from “culpable homicide and unlawful possession of firearms” to “snatching and destroying of INEC items”.

    Others included “being in possession of offensive weapons”, “misconduct at polling units and stealing of election results”.

     Yakubu’s Chief Press Secretary Mr Rotimi Oyekanmi confirmed that letters of authority would soon be issued to the NBA team for the commencement of trial.

    Oyekanmi  however, said the NBA had returned 26 case files to INEC for onward transmission to the Police because the offences involved did not fall under the electoral offences as defined by the Electoral Act 2022.

    He said the commission was also aware that suspects involved in 22 of the cases are either at large or were never apprehended.

    Oyekanmi added: “The suspects linked to the case files are in custody. They have been investigated and the necessary evidence against them harvested.”

  • REC evades arraignment for false electoral result

    REC evades arraignment for false electoral result

    The suspended Resident Electoral Commissioner (REC) of Independent National Electoral Commission (INEC) for Adamawa State, Hudu Yunusa-Ari, skipped arraignment yesterday when he was billed to answer for “false electoral result”, among other charges against him.

    Counsel to INEC, Rotimi Jacobs (SAN), alleged during the sitting of the Adamawa State High Court that Yunusa-Ari and his surety were on the run, stressing that he is evading arraignment in court.

    Rotimi Jacobs told the court presided over by Justice Benjamin Lawan that the prosecution failed to arraign Yunusa-Ari due to inability to arrest him.

    INEC had taken Yunusa-Ari to court on charges of false electoral result, violating oath of neutrality, breach of duty, disorderly conduct at election, inciting disturbance and impersonating a public servant.

    The Nation reports that the court suit was filed after Yunusa-Ari, as the REC during the last governorship election in Adamawa State, declared Senator Aishatu Ahmed Binani of All Progressives Congress (APC) winner of the election when results were yet to be fully collated.

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    At the resumed sitting yesterday, Rotimi Jacobs told the court that the defendant had refused invitation from the Investigative Police Officer upon service of hearing notice.

    He asked the court to adjourn the matter to enable police effect Yunusa-Ari’s arrest for arraignment.

    After the Investigative Police Officer, CSP Moses Jolujdo, confirmed to the court that the defendant and his surety had been evading arrest, the court granted the application by INEC for adjournment, and adjourned fresh arraignment for November 22, 2023.

  • 10th Assembly urged to revive Electoral Offence bill

    10th Assembly urged to revive Electoral Offence bill

    The 10th National Assembly has been urged to revive the Electoral Offences Commission Bill that was presented in the 9th Assembly but  which failed to scale through.

    According to stakeholders, the bill,  when passed would boost the turnout of future elections because it would handle cases of electoral violence in all parts of the country.

    Policy expert and Associate Professor of political history at the Obafemi Awolowo University (OAU), Ile Ife Dr. Adetunji Ogunyemi said the bill would prevent all manner of thuggery, coercion and vote suppression within the system.

    He said this yesterday in Abuja at a High-level symposium on electoral security held by Kimpact Development Initiative (KDI) in collaboration with United States Agency for International Development (USAID) and Palladium, titled, ‘assessing the electoral security management towards legal reforms’.

    Ogunyemi said, “In 2019 the Senate presented the Electoral Offences  Commission Bill which sought to apprehend all manners of infractions of the Electoral Act, particularly infractions in respect of section 221, 225 and 227 of the Constitution in respect of people constituting organisations to levy force or levy violence or coerce people to refrain from voting for or to vote directly for some other persons in such could be apprehended.

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    “Unfortunately the bill was only passed by the Senate but not concord to by the House of Representatives, which meant that the bill did not succeed.

    “The Electoral bill must be resuscitated, the time has come for the current Senate to adopt the bill because its going to prevent all manners of thuggery, coercion and vote suppression within the system.”

    Team lead KDI, Bukola Idowu said they are hoping that the Electoral Offences Commission Bill would include a tribunal whose sole aim would be the prosecution of perpetrators of electoral violence.

    He also added, “The essence of this programme is basically to bring stakeholders together from the Ministry of Justice, the Executive, Security agencies and the Electoral Commission, all the stakeholders around the elections to see how we can forge ahead around election security.

    “You will agree with me that in 2023 election we had issues of electoral violence intimidation, and suppression. And this has been one of the things affecting the turnout in election. You look at the 2023 election, you find out that the turnout was low. And what it means is that people are not participating.

    “One of the reasons is because of electoral violence, one of the things we’re also looking at today is to see how the election offence commission bill can be revived in the 10th Assembly because it did not see the light of the day in the 9th Assembly.”

  • Stakeholders beg 10th Assembly to revive electoral offence bill

    Stakeholders beg 10th Assembly to revive electoral offence bill

    The 10th National Assembly has been urged to revive the Electoral Offences Commission Bill that was presented in the 9th Assembly but failed to pass.

    According to stakeholders, the bill when passed, would boost the turnout of future elections because it would handle cases of electoral violence in all parts of the country.

    Policy expert and Associate Professor of political history at the Obafemi Awolowo University (OAU), Ile Ife, Adetunji Ogunyemi, said the bill would prevent all manner of thuggery, coercion and vote suppression within the system.

    He said this on Wednesday, September 27, in Abuja at a High-level symposium on electoral security held by Kimpact Development Initiative (KDI) in collaboration with United States Agency for International Development (USAID) and Palladium, titled, ‘assessing the electoral security management towards legal reforms’.

    Ogunyemi said: “In 2019 the Senate presented the Electoral Offences  Commission Bill which sought to apprehend all manners of infractions of the Electoral Act, particularly infractions in respect of section 221, 225 and 227 of the Constitution in respect of people constituting organisations to levy force or levy violence or coerce people to refrain from voting for or to vote directly for some other persons in such could be apprehended.

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    “Unfortunately the bill was only passed by the Senate but not concord to by the House of Representatives, which meant that the bill did not succeed.

    “The Electoral bill must be resuscitated, the time has come for the current Senate to adopt the bill because its going to prevent all manners of thuggery, coercion and vote suppression within the system.”

    Team lead KDI, Bukola Idowu said they are hoping that the Electoral Offences Commission Bill would include a tribunal whose sole aim would be the prosecution of perpetrators of electoral violence.

    He also added: “The essence of this programme is basically to bring stakeholders together from the Ministry of Justice, the Executive, Security agencies and the Electoral Commission, all the stakeholders around the elections to see how we can forge ahead around election security.

    “You will agree with me that in 2023 election we had issues of electoral violence intimidation, and suppression. And this has been one of the things affecting the turnout in election. You look at the 2023 election, you find out that the turnout was low. And what it means is that people are not participating.

    “One of the reasons is because of electoral violence, one of the things we’re also looking at today is to see how the election offence commission bill can be revived in the 10th Assembly because it did not see the light of the day in the 9th Assembly.”

  • CSO seeks review of Electoral Act to address shortcomings in 2023 polls

    CSO seeks review of Electoral Act to address shortcomings in 2023 polls

    An election observer monitoring group, Centre for Transparency Advocacy (CTA), has called for a further amendment of the 2022 Electoral Act in order to address some of the challenges faced by the Independent National Electoral Commission (INEC) in the 2023 general elections.

    The organisation also made a case for the establishment of an Electoral Offences Commission and Tribunal to deal with electoral offenders.

    The organisation said the establishment of the commission would go a long way in reforming the nation’s electoral system.

    Executive Director, Centre for Transparency Advocacy (CTA), Faith Nwadishi made the appeal during the unveiling of three reports: the 2023 General Elections; Perception Study on Citizens Understanding of the Mandate of INEC; and Compendium on the 2019 General Elections and Off Season Elections from 2019 to 2022 on Thursday in Abuja.

    Nwadishi noted that though there had been concerns raised regarding electoral processes, logistics, vote buying, voters’ intimidation, and violence, the electoral system in Nigeria had improved, despite ongoing challenges.

    She said: “There are some areas we recommended that should be reviewed. For instance, you know that the Electoral Act talks about civic and voter education, and the responsibility was given to INEC but we also know that there is a national orientation agency that should be saddled with civic education. Civic Education is different from voter education. There’s a component of voter education in civic education. We need to be able to actually take away the role of civic education from INEC and give the agency empowered by law to do the work.

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    “We are also calling on those concerned to quickly set up an electoral offences commission. We cannot continue the way we are going. People are committing crimes but we are saying it is INEC that must prosecute because INEC has prosecutorial powers to do that.

    “On election day, we saw the Independent Corrupt Practices and Other Related Offences Commission and Economic and Financial Crimes Commission (EFCC) but how effective has that been? We should have a dedicated commission that is saddled with the responsibility of prosecuting electoral offenders which will go a long way to reform our electoral process. With high profile cases and all of that, I think it will go a long way to help in kind of the rule reforming our electoral process itself.”

    Nwadishi also called for sanctions for political parties that do not deploy adequate agents to polling units on election day.

    “Elections are won and lost at polling units because that is where the electorate come to cast their votes and that is where results are pronounced before they are taken for collation. So if you don’t have people representing you at that level, that means you won’t have a copy of your result, there should actually be a sanction for a political party that is vying for election and is not able to deploy party agents at that level.”

    A former Resident Electoral Commissioner (REC) for Enugu State, Emeka Ononamadu said issues concerning political party primaries should be revisited by INEC.

    While stressing the need for INEC to further employ the use of technology in the electoral process, Ononamadu said INEC must be allowed to concentrate on the technical delivery of elections.

    He stated: “First of all, I think the Electoral Act as it concerns political party primaries needs to be revisited. This is because that particular law seems not to make political party primaries more inclusive of a larger population of the party members, which are Nigerians and, of course, we all know that the test of political party primaries almost graduates to the general elections.

    “I think year after year, whether the election administration agency did well or not, there seem to be challenges about how people perceive it and the major area to reduce that either right or wrong perception is to step up technology in our elections.

    “Also, the discussion for the establishment of the Electoral offences tribunal has been ongoing, but I think that if you include the power of investigation for INEC, it would be too much.”

    He also urged INEC to revisit the manner in which ad hoc staff are recruited and deployed, saying the issue of impersonation must be critically looked into.

    A professor of Theatre and Performance Studies, Alex Asigbo, said diverse perspectives from citizens reflected a mix of positive advancements and concerns in the 2023 general elections. Asigbo said: “Recommendations point towards the need for enhanced voter education, improved material distribution, security cooperation, and media regulation. The elections showcased progress but also underscored the importance of addressing areas for refinement in Nigeria’s electoral process.”