The Nation Newspaper

Tag: inconclusive elections

  • Lessons from inconclusive elections

    SIR: The essence of democracy is to give citizens equal access and conducive atmosphere to elect their leaders; anything less is a threat to democracy. The current progressive decline of the quality of elections is not only worrisome and frightening; it is pushing the country’s democracy to the precipice.  I refer to the just concluded supplementary elections in Kano, Sokoto, Plateau and Benue states.

    The desperation exhibited by the incumbents and the opposition is taking us back to square one particularly with politicians deploying every trick in their hats to disrupt the peaceful conduct of the election. In fact, the electoral guidelines did not appear to matter at all, going by the level of intimidation of voters especially women, election observers and journalists witnessed during the elections. Political actors from both sides had a field day in undermining the sanctity of the process.

    More controversial was the Kano rerun election described by most election observers as nothing but a sham and a charade. In broad daylight, politicians deployed political thugs that overpowered the security agencies and forced the electorate to leave the polling units. There were clear instances where party agents and political thugs tortured and intimidated voters into voting their candidates. In Nasarawa, Dala, Bichi and Minjibir local governments for example, thugs restricted the electorate’s access to polling units, stoning them and violently disrupting the peaceful elections.  Several observer groups reported irregularities, harassment of voters and INEC officials.

    In Benue State, despite the heavy security deployment, an INEC returning officer was shot dead by political thugs in Gbokoand election materials burnt to ashes. Polling officials were assaulted and disallowed from performing their duties. While, Sokoto and Plateau recorded minor incidents, there were issues of underage voting and high rate of voter inducement. In Bauchi State, the election was peaceful as reported, but there were incidences of policemen leaving polling units as a result of rancour among the party supporters and agents.

    This is not the kind of elections that Nigerians need. Nigerians deserve to have their elections all at once. This will enable the country to cut down on election expenses, and above all discourage voter apathy. INEC should be given the power to disqualify any candidate or political party that cause electoral violence from participating in such elections.

    The quest for power among Nigerian politicians is borne out of the huge financial benefits attached to the offices. We need to make politics less attractive. If politicians see politics as a call to duty, many would drop their desperation to clinch power against all odds.

     

    • Idris Mohammed,  Abuja.

  • Why inconclusive elections are rampant, by INEC

    As it presented certificates of return to Kaduna state Governor Nasir El-Rufai and 34 elected house of assembly members in Kaduna on Thursday, The Independent National Electoral Commission (INEC) has explained why inconclusive elections have become the order of the day in Nigeria.

    The election management body noted that though, inconclusive elections did not start with the present commission, it became rampant because elections have become highly competitive.

    National Commissioner supervising Plateau, Niger, Kaduna States and FCT, Professor Antonia Okoosi-Simbine stated while presenting certificate of return to the Governor and the lawmakers.

    According to Professor Okoosi-Simbine, “Our democracy is deepening incrementally having conducted the sixth successive election without an interregnum; there is improved integrity in the electoral system; the elections are becoming more and more competitive and the margin between winners and runners-up are decreasing to the extent that in many instances elections into the Executive and Legislatures are increasingly becoming inconclusive.

    “This explains why the phenomenon of inconclusive elections appears to have
    increased. To be sure, it existed prior to the existence of the present commission. We cannot expect less when a few big parties are contesting for power at every level.” He said.

    She also noted that the election was marred by violence through, “a new trend in which some parties and candidates engaged in violent behaviour, including manhandling election duty officials and intimidation of voters, collation and Returning Officers.

    “The Commission views this trend with grave concerns and will continue to work on greater voter enlightenment for mandate protection as well as with the security agencies to curtail this ugly trend.”

    She, however, advised politicians who felt aggrieved in the just concluded general elections to seek judicial remedy in law court.

    “The commission advises disgruntled persons and parties to feel free to seek judicial remedy where they believe they have genuine case(s) to pursue.

    “Indeed, seeking judicial remedy is not only a part and parcel of the electoral process in Nigeria, it is consistent with the culture of democracy as opposed to resorting to self-help.

    However, the INEC boss called on governor El-Rufai to ensure the people of the state enjoy dividends of democracy.

    “I encourage you to deliver more materials benefits to the diversity of people in Kaduna in order to meet their governance expectations”. She told El-Rufai.

    Shortly after receiving the certificate, El-rufai said in a remark that he would carry everybody along in governance irrespective of political differences.

    He assured of security of lives and property, just as he expressed gratitude to the people for re-electing him to serve them for the second term.

  • APC, PDP in battle of wits ahead supplementary polls

    The All Progressives Congress (APC) and the Peoples Democratic Party (PDP) are locked in a battle of wits as the clock ticks towards this weekend’s governorship supplementary elections in some states.

    While the  PDP chairman in Kano State, Alhaji Rabi’u Suleiman Bichi  is boasting that his  party is  ” always ever prepared to win ”  the  election, the  APC dismisses  the statement as wishful thinking .Leaders of the two parties in Sokoto State are also racing against time to tidy up loose ends ahead of the Saturday supplementary polls.

    “We are more than ready, especially as we have won the election conducted on the 9th of March. We are happy that the security agents have ensured security of lives and property of everybody by protecting the electorate,” Bichi told The Nation in Kano.

    “We have already won the election. The only thing left for us now is to consolidate on the areas where the rerun will be held. We have no fear as we are battle ready for the rerun.”

    But the Kano Commissioner for Information, Youth and Culture, who doubles as the Chairman, Publicity Committee of the Kano APC Campaign Organization, Malam Muhammad Garba dismissed PDP’s position as wishful thinking.

    He said: “we are very confident of victory because the local government areas where the rerun will take place remains an APC stronghold and the electorate in these areas have made up their mind to vote massively for the Governor they trust.

    “I believe that from what is happening, we are very much prepared this time around; and as such, there is no cause for alarm because we have been able to identify some grey areas in the conduct of the inconclusive election, and we have taken cogent measures to ensure that by God’s grace, we will win the election.”

    Declare Jime winner now APC elders call on INEC 

    The Elders Council of the APC in Benue State have asked INEC to declare the party’s governorship candidate, Mr. Emmanuel Jime as winner of the March 9 election.

    The elders council said it had been informed of plans by anti-APC elements   to disrupt the supplementary election in the party’s strongholds.

    Addressing reporters  in Makurdi, spokesman for the  APC Elders Council, Chief Terlumun Akputu, asked INEC  to cancel votes in  in Guma, Buruku and Logo areas of the state where, according to him, card readers were not used on March 9.

    He added: “There is nowhere in Nigeria where the APC recorded zero votes except in Guma Local Area despite having candidates and agents who he said were chased out of the polling units.”

    Parties busy with

    strategy meetings

    Ranking members of the two parties in Sokoto State have been holding meetings upon meetings to emerge victorious in the supplementary polls.

    Stalwarts of the PDP were summoned for one of such meetings at the Government House, Sokoto on Friday.

    The State Chairman of the PDP, Alhaji Ibrahim Milgoma, said: “We are going by the electoral umpire’s arrangement to participate in the coming supplementary polls across 136 polling centres across 22 local governments.

    “We have no fears whatsoever. Only that certain things are going wrong which is making the atmosphere a bit uncertain. We are hearing that the opposition is mobilising stalwarts from other states.

    “Our concern is that there should be transparency in the conduct of the rerun. I can assure you that the process is credible and transparent, PDP will win. Otherwise, we won’t accept it. Especially where we notice foul play”, Milgoma pointed out.

    His APC counterpart, Alhaji Sadiq Isah Achida, said his party was equally set for the supplementary election.

    He said:”Those cancelled polling units are our strong holds. We want fresh sets of INEC officials for the rerun. We have the belief and conviction that those that conducted the last elections had been compromised.

    “Kebbe local government is our traditional strong hold where supplementary polls will be conducted in 35 polling units.”

    Achida, after speaking to The Nation left for Sokoto east where the party expects huge votes from   Gada, Rabah and Goronyo among others to woo the electorate.

    Court injunction

    threatens Adamawa

    supplementary election

    The situation in Adamawa State is not all that clear following a court injunction restraining INEC from conducting the supplementary election.

    An Adamawa State High Court judge, Justice Abdul-Aziz Waziri, gave  the ruling in a suit filed by the governorship candidate of the Movement for Restoration and Defence of Democracy (MRDD), Rev Eric Theman.

    The judge said, “The defendant herein, INEC, is restrained … from proceeding with the supplementary election in respect of Adamawa State governorship pending the hearing and determination of the motion on notice.”

    While the APC says the court action is in order the PDP is of the view that it is a non- issue.

    The state secretary of the APC, Mr. Wafarninyi Theman, said: “From what I have seen, the complainant has a genuine case, except INEC comes out to tell us that this party was not cleared for the election. But it’s a legitimate party and it had a legitimate candidate to contest in the election. And if they didn’t find the logo of their party on the ballot paper, it means they were deprived of the chance to be voted for. So, I think INEC should have admitted in the first place that they made a mistake. However, we are waiting for the response of INEC.”

    On his part, the state chairman of the PDP, Mr. Tahir Shehu said, “We do know that by the provisions of the Electoral Act, no court of law can stop the process of election. So the purported order is invalid. INEC is not bound to comply with it… The law says no court can stop either primary, general or supplementary election. Notwithstanding, we are taking steps to get that order set aside.”

    Police ban rallies

    in Bauchi

    The Bauchi State Police command on Friday banned political rallies because of the violence that broke out in parts of the metropolis during a protest over the planned supplementary election.

    It said: “Sequel to the declaration of Bauchi State Gubernatorial Election held on 09/03/2019 as inconclusive by Independent National Electoral Commission (INEC) and subsequent scheduling of rerun election on 23/03/2019 in some parts of the State, the Bauchi State Police Command calls on the good people of the State to remain calm and avoid any act capable of causing breakdown of law and order at this critical time.

    “With regards to some reported cases of attacks on innocent members of the public by suspected Sara-Suka thugs which most times emanated from political rallies in Bauchi metropolis, the Command wishes to assure the members of the public that, it is on top of the situation and is  taking necessary measures to deal with the menace once and for all.

    “Consequently, for the interest of peace and harmony, the Command has placed a total ban on all forms of rallies and procession in the State without its approval.

    “It is done in the best interest of peace loving people of the State and to ensure that, the relative peace and security in the State is sustained,” it assures.

     

  • INEC wrong on inconclusive elections

    The last polls witnessed the frightening routinization of inconclusive elections on a scale that has evidently become a threat to the electoral process and the Fourth Republic. If nothing is done to halt the abominable trend, especially in view of the arbitrary and whimsical decision by the electoral body to resume the collation of the governorship election result in Bauchi State previously declared inconclusive, democracy could be scuppered. In the following piece, Mr Olarinde Yesufu, a legal expert, draws attention to the unconstitutionality of inconclusive elections as interpreted and applied by INEC. Palladium donates his space today to allow a consideration of this weighty and urgent subject.

    ON March 9, 2019, the Independent National Electoral Commission (INEC) conducted governorship elections in 29 states.  At the end of the exercise, elections into six of the states were declared inconclusive, while that of Rivers State was suspended at the point of collation of results. The basis for INEC’s declaration of the elections as inconclusive was that the number of cancelled votes exceeded the margin of win between the two leading candidates in each of the states. The affected states are: Adamawa, Bauchi, Benue, Kano, Plateau and Sokoto. According to reports, in Adamawa State, Umaru Fintiri (PDP) scored 367,471 votes as against Jubrila Bindow  (APC) 334,995 votes, with a margin of 32,476 votes and cancelled votes of 40,988. In  Bauchi State, Bala Mohammed (PDP) scored 469,512 votes while Mohammed Abubakar ( APC)  scored 465,453 votes.  Some 45,312 votes were cancelled, leaving a margin of 4,059 votes. In Benue State, Samuel Ortom (PDP) scored 410,576 votes while Emmanuel Jime (APC) scored 329,022. The margin of win was stated as 81,554 votes while 121,019 votes were cancelled. In Kano State, Abba Yusuf (PDP) polled 1,014,474 votes while Abdullahi Ganduje (APC) scored 987,819 votes. The margin between the two candidates was 26,655 while the cancelled votes were 128,572.  In Plateau State, Simon Lalong of APC took 583,255 votes, while Jeremiah Useni (PDP) scored 538,326 votes. The margin between them was 44,929 votes while cancelled votes numbered 49,377. In Sokoto State, Aminu Tambuwa (PDP) scored 489,558 votes while his runner-up, Aliyu Ahmed (APC), won 486,145. There was a margin of 3,413 votes while 75,403 votes were cancelled.

    Basically, elections are meant to be concluded. Having just one inconclusive election is disturbing enough, let alone six inconclusive elections. There must be something fundamentally wrong, outrageously awkward and indefensible in a system that would return six inconclusive elections in one fell swoop! It simply defines a mischief or gross incompetence on the part of the electoral body charged with the responsibility of conducting such elections. This must not be allowed to continue.

    The concepts of “inconclusive election” and “the margin of win between two leading candidates” are two lexicons that the current INEC, which is headed by Mahmood Yakubu, a professor of political history and international studies, has foisted on our electoral system. Regrettably, it is steadily becoming the culture and pattern of our elections. Indeed, there has never been any major election conducted by this current electoral body that has not been stymied by inconclusiveness. Never in the electoral history of this country have we had it so bad.

    The history of inconclusive elections can be traced to the controversial event that occurred in Kogi State on 21st November, 2015, when the election, clearly won by the late Prince Abubakar Audu, but who died before the official announcement of his victory, was declared inconclusive. The late Prince Audu of APC had won 240,867 votes while Idris Wada of the PDP scored 199,514 votes. There was a margin of win of 41,353 votes between them. Analysts knew that the whole idea of inconclusiveness of the election in Kogi State was a political contrivance of the ruling party and probably the presidency, dutifully executed by INEC to pave way for an anointed stranger to the ticket, Yahaya Bello. Mr Bello has gone on to become a political tragedy to the state. Little did Nigerians know then that inconclusiveness of elections was going to be institutionalised as INEC’s directive principle and policy.

    Two weeks after the Kogi election, Bayelsa’s governorship election was held and was equally declared inconclusive. A return could not be made because, according to INEC, there was a margin of win of 33,154 votes between Seriake Dickson who contested on the platform of PDP and Timipre Sylva of APC. It is also on record that the Osun State governorship election was declared inconclusive. The PDP candidate, Ademola Adeleke, had polled 254,698 votes to defeat the APC’s Gboyega Oyetola who polled 254,345 votes. Some 3498 votes were cancelled. The fundamental question that arises here is whether INEC is telling the whole world that an election cannot be won by just one vote in a democratic setting. How then did we come about this idea of ‘margin of votes between two leading candidates’, that we can no longer conclude our elections?

    In the application of this self-imposed and strange principle of “margin of votes”, INEC has been found to be as insincere as it is inconsistent. INEC applies the principle, usually, to tilt the pendulum of victory in an election in favour of APC or favoured candidate. Whenever APC is to be at the receiving end, INEC usually fails to apply the principle. For instance, in the bye-election to fill the vacant seat of Lokoja/Kogi Federal Constituency last year, triggered by the death of Hon. Buba Jibrin, Haruna Isah was declared winner having polled 26,860 votes as against Engr. Bashir Abubakar of PDP, who scored 14,845 votes. The margin of win was 6,900 votes. The election was marred with violence such that 19,960 votes were cancelled.  INEC did not declare the election inconclusive, but proceeded to declare APC’s candidate winner. That is the level of arbitrariness and selectiveness of INEC in the application of the unknown principle.

    Consider also the election for the Abia North senatorial district which, by INEC standard, should have been declared inconclusive. But on Thursday, Orji Uzor Kalu, a former governor of Abia State, was among the about 100 senators-elect who received their certificates of return from INEC in Abuja. He had been returned as elected after polling 31,201 votes for the APC to beat incumbent PDP senator, Mao Ohuabunwa who polled 20,801. Some 38,526 votes were cancelled, which is much larger than the margin of win of 10,400 votes. INEC refused to declare the Abia North senatorial election as inconclusive.

    It is expedient to mention here that Hon. James Abiodun Faleke,  running mate to Prince Audu in the Kogi State governorship election, vigorously contested INEC’s declaration of inconclusiveness of the election to the Supreme Court. Sadly, the Supreme Court of Nigeria, now psychologically battered and humbled, wrongly, in my humble view, embraced such an unconstitutional and undemocratic concept of inconclusiveness. In that case, the Supreme Court (Per Kekere-Ekun, JSC), curiously, held that “…the 1st respondent (i.e. INEC) was correct when it declared the election of 21/11/15 inconclusive on the ground that the margin of win between the two fore-runners at the election was less than the total number of registered voters in 91 affected polling units where elections were cancelled”. (words in bracket mine). Faleke’s case has now become an albatross on the neck of our electoral jurisprudence unless the Supreme Court reverses itself. I sincerely hope the apex court will summon the courage to do so when the opportunity avails it.

    Both INEC and the Supreme Court must be wrong on this contrived and crooked principle of “margin of win” in a democratic system that is unknown to our law. Whether or not a contestant has won an election is a constitutional matter. And, the Constitution of the Federal Republic of Nigeria, the supreme law of the land, is clear and unambiguous about this. The Constitution specifies only two conditions to be fulfilled under section 179(2). It states:

    “A candidate for an election to the office of a governor of a state shall be deemed to have been duly elected to such office where, there been two or more candidates-

    He has the highest number of votes cast at the election;

    He has not less than one-quarter of all the votes cast in each of at least two-thirds of all the local government areas in the state.”

    It is incompetent for INEC to impose additional burden on a winner beyond what the constitution has stipulated. Indeed, there is something monstrous, oppressive, incongruous, fraudulent, whimsical and undemocratic in allowing INEC to deviate from constitutional provisions and proceed to “legislate” by imposing additional conditions on winners at elections. INEC, surely, has no such legislative powers and must not be allowed to have its ways in the interest of our nascent democracy.

    The additional burden imposed by INEC is traceable to Regulations and Guidelines for the Conduct of Elections. Regulation 34 (e) provides:

    “Where the margin of lead between the two leading candidates is not in excess of total number of registered voters of the Polling Units where election were not held or were cancelled in line with Section 26 & 53 of the Electoral Act, the returning officer shall decline to make a return until polls have taken place in the affected units and the results collated into form EC 8E for Declaration and Return.”

    There is a reference to Sections 26 and 53 of the Electoral Act in the Guideline quoted above. Section 26(1) is about postponement of election. It states, inter alia that where a date has been approved for the holding of an election and there is reason to believe that a serious breach of the peace is likely to occur, if the election is proceeded with on that day, or it is impossible to conduct the election as a result of natural disasters or other emergencies, the Commission may postpone the election and appoint another date for the holding of the postponed election. The Act adds that such reason for the postponement must be found to be cogent and verifiable. With due respect, if INEC had been sincere, honest and even-handed in the March 2019 election in Rivers State, for instance, it would have proceeded to apply the provision of this section. Few days to the election in Rivers State, it was clear to any objective observer that the tension in the state was palpable so much so that a breach of the peace was likely to occur. INEC ignored all the warning signs and proceeded with the election only for it to suspend same mid-way.

    Section 53(2) of the Electoral Act is all about over-voting. It provides:

    “Where the vote cast at an election in any polling unit exceeded the number of voters in that polling unit, the result of the election in the polling unit shall be declared void by the Commission and another election may be conducted at a date to be fixed by the Commission where the result at the polling unit may affect the overall result in the Constituency.”

    It is clear from the above provision of the law that a call for a re-run  election can only happen when the result of voided votes in a polling  unit affect the overall result of the constituency which, in this case is the whole of the state. In addressing the issue, INEC has mischievously changed the word “Polling unit” to “Polling units” in Regulation 34(e). By this, it imposes on itself, the duty of collating cancelled votes in a constituency to determine margins of win. No law permits INEC to collate cancelled votes after an election.

    Margin of win has never constituted any impediment to electoral victory of a winner in Nigeria until the current dispensation of Prof. Yakubu’s INEC. In Agagu v. Mimiko, INEC declared the appellant winner of the governorship election in Ondo State with 349,288 votes whilst the respondent garnered 226,021 votes. At the trial, the actual votes were found to be 313,355 and 195,030 respectively. Thus, 248,724 were cancelled. In view of the fact that Section 179(2) of the Constitution had been satisfied, the Court of Appeal of old, not the current one that has become deeply and thoroughly controversial and unpredictable, affirmed the respondent’s return as governor.

    In INEC v. Oshiomhole, INEC had earlier declared 329,740 for PDP and 197, 472 for Action Congress (AC) i.e. for Mr Oshiomhole. In setting aside INEC’s decision and declaring Oshiomhole as winner, the Court of Appeal of old cancelled 200,723 of votes scored by PDP and 30, 895 of votes scored by AC (cancelling a total of 231,618 votes). The court did not find any reason to call for a rerun because the petitioner satisfied the requirements of Section 179 (2) (a) & (b).

    In Aregbesola v. Oyinlola, INEC had earlier declared 426,669 votes for Oyinlola, and 240, 722 for Aregbesola. The margin of win was 185,947 votes. The Court however nullified votes in 10 disputed local government areas when 41, 923 votes were cast for Aregbesola and 253,789 votes were cast for Oyinlola. Total cancelled votes were 298,712. In declaring the petitioner as winner of the election, the Court of Appeal of old referred to Section 179 (2) of the Constitution and held that the appellant satisfied the requirements of the law. Governor Fayemi of Ekiti State was also a beneficiary of cancelled votes without a re-run.

    From the foregoing, it is clear that in the entire circumstances of the current events, Section 179 of the Constitution is the applicable provision and not INEC Guidelines or Manual. Again, unfortunately, in Faleke’s case, and for some inexplicable reasons, the Supreme Court elevated INEC Guidelines and Manual above the Constitution. That is the grave damage the Supreme Court has done to our jurisprudence by its politically motivated decision in Faleke’s case. Surreptitiously, Yakubu’s INEC has re-written our Constitution, and for want of integrity and foresight, our courts, from the lowest tribunal to the highest court, have not been vigilant enough to appreciate it.

    At the risk of restating the obvious, I am impelled to re-affirm the sacrosanct legal principle and truism that where the Constitution sets the conditions for doing a thing, no legislation or regulation or guideline or manual can alter them in any way, directly or indirectly. Regulation 34 (e) of the INEC Guidelines for elections is unconstitutional and should be so declared. Our constitution must remain inviolate.

     

    • Mr Yesufu is a legal practitioner

  • The spate of inconclusive elections

    Election is one of the high points of democracy as it has become a veritable leadership recruitment process. In ideal situations, those chosen to lead are expected by the electorate to work for the common good. On the other hand, contestants try hard to convince the electorate about their suitability to lead or to represent them.

    But all the lofty goals for conducting elections are however lost when the wish of the electorate is jeopardized through falsification of results and enthronement of other forms of electoral fraud that distort the will of the people. With an avalanche of such ills at play, varying reactions are bound to trail such elections. This has been the fate of elections in Nigeria since the 1960s. But electoral bodies are not the sole culprits in desecrating the vote. Political parties particularly have become desperate to win elections in Nigeria at all cost. This is in addition to the do-or-die manner with which contestants come into the poll arena. There may be different considerations or fears which elicit contestants to take a pugnacious approach to elections. While those in power are afraid of losing their positions of power, affluence and influence, those outside are too scared of continuing to stay outside the corridors of powers where there is less hope.

    Besides, the political parties and contestants are the party members whose life and fate becomes firmly tied to the success of their parties and principals at the polls. In other words, the shared fears of facing a bleak life of uncertainties inform the wrong attitude to elections.

    By and large, the 2015 elections conducted by President Goodluck Jonathan gave a sigh of relief as they averted the predictions of doomsayers about Nigeria. Through the use of the card reader, a new technological innovation, the elections were generally peaceful, free and fair. With the outcome of the elections, Nigerians were full of hope that a new era of electoral tranquility had been born.

    But how wrong were those with that view. Jonathan’s popular saying, “My ambition is not worth the blood of any Nigerian” has since been rubbished as politicians have embraced violence with the destruction of lives and property as a way to assert their supremacy in the street wars to rewrite the wishes of the electorate. In the face of all these, those who are “mere participants” in the electoral process have become adamant. Many are afraid for their lives and so have not seen the need to be a part of the violence-ridden exercise. Voter apathy has so set in that the number of registered voters coming out to vote is fast declining by every passing election. According to INEC for instance, 84,004,084 Nigerians registered to vote in the 2019 general elections but only 30,280,052 voters came out to cast their votes in the presidential and national legislative elections.

    After the presidential and National Assembly elections of February 23, more voter apathy was seen as people did not come out to participate in the gubernatorial and state assembly elections. A plethora of reasons may be advanced such as the visiting of mayhem on participants in the exercise including INEC electoral officers engaged to conduct the elections. NYSC members were not spared. What is even more disturbing is the involvement of senior government officials and political leaders’ to destabilize elections.

    With those who are supposed to be leaders becoming agents of destruction, government has to take a deep and closer look at the malaise that elections are becoming before it is too late. There are reported cases of abducting, kidnapping, causing bodily harm and even outright killing of poll officers whose only fault is that they are serving their fatherland. Sadly, some of them have lost their lives because they refused to comprise their roles. Sadly, journalists and other election monitors and observers have not been spared with some them been harassed, beaten or kidnapped.

    Unfortunately, too, the 2019 elections have witnessed the return of ballot box snatching which may have to do with politicians’ realisation that the smart card reader (SCR) system has no umbilical cord with the ballot card. After accreditation and voting, anything can happen provided the number of votes “assigned” does not surpass the number of those accredited to vote. By rubbishing what INEC thought would help the voting system means that a lot needs to be done to redeem the sanctity of the ballot. From north to south, east to west the weakness has been maximally exploited to change the wishes of the electorate. This development therefore calls for concerns on the nature of elections and the leaders being recruited by this flawed process in addition to what this has in store for the people and their future. Without doubt, the consequences for brazen violation of the electoral process are many and staring us in the face. However, the consequences for such ills are often not suffered by the perpetrators but by the victims. Again, where might is right and god-fatherism become the determinants of our elections, our future for sure will never be bright.

    What has been added to the spate of wrongs on the political stage, and equally worrisome, is the spate of inconclusive elections particularly the March 9 governorship and state Houses of Assembly elections across Nigeria. Currently, governors have not emerged in Adamawa, Bauchi, Benue, Kano, Plateau and Sokoto due to what INEC declared as inconclusive elections. While varying reasons have been adduced for these, there is no doubt that a combination of negative factors has brought about this scenario.

    But irrespective of the outcomes of these elections when they are eventually carried out on March 23, Nigerians must be embarrassed by what is happening. As a result, there is every need to urgently reassess the voting system. For instance, while the Direct Data Capture Machine (DDCM), Electronic voters’ Register (EVR), and Automated Finger Prints Identification System (AFIS), Smart Card Readers (SCR) PVC and e-collation have been introduced, these have shown that they are not enough to come up with a credible and reliable electoral process. Electronic voting may be one addition that is needed to spice up the system. Similarly, more voter education is necessary. INEC must not be left with this task alone. More important than whatever government agents can do, is the need for our leaders to realize that the power of their example is more important than the example of their power.

    Since the credibility of elections lie in the process and not the outcome, the increasing cases of inconclusive elections in Nigeria is worrying not to talk of allowing it to tamper with the wishes of the electorate. The circumstances and reasons leading to inconclusive elections might emanate from either the fault of electoral officials or politicians or from the wrong activities of both. But at the end of the day, it is clear that major stakeholders are the cogs in the wheel of credible polls. What is certain therefore is that inconclusive elections, if wrongly handled would spin grave consequences that would be difficult to handle.

    That President Buhari has promised to improve the electoral system is good news but he should back it quickly with concrete actions well before the 2023 elections draw near. This can be done by reforming the electoral laws and the process among which should be giving electronic voting a chance. And as the president settles down to select people of integrity to serve in his cabinet for a second term, he must be mindful of the fact that political corruption is even more dangerous because it is political corruption that opens the gate to financial corruption. Since one of the most reliable sources of growing democracy is reliable elections which respect the public opinion on who should govern or represent them, the spate of violence, anarchy and vote buying among other ills associated with our elections must not be treated in isolation. Good governance, hope of a better life through employment, cheap and available food, regular supply of electricity for artisans and manufacturers, affordable fertilizers, animal feeds and implements for farmers and so on would go a long way to allay the fears of the high and the low.

     

    • Tachia, PhD sent this piece from Makurdi.

  • Reps to amend Electoral Law over inconclusive elections

    The House of Representatives is set to amend the Electoral Act over spate of unconcluded elections in the 2019 general elections.

    The House would set up a Committee to look into the issues leading to the declaration of inconclusive election by the Independent National Electoral Commission (INEC) with the view of ascertaining areas to be amended in the Electoral Act.

    This followed the adoption of a motion of urgent national importance by Sunday Karimi (PDP, Kogi) who said INEC does not possess the powers to declare elections inconclusive.

    The lawmakers were in agreement that the trend of inconclusive elections should be urgently addressed.

    The proponents of the motion said INEC lacked the powers to cancel votes at collation centers and should desist from elevating its election guidelines about the Constitution and the Electoral Act.

    However, the House Leader, Femi Gbajabiamila and those who spoke against the motion urged their colleagues to be mindful of the fact that INEC was empowered by law to declare elections inconclusive, an action backed by the pronouncement of the Supreme Court.

    “Since the November 2015 gubernatorial election in Kogi State inconclusive elections has become a demon hunting the Nigerian electoral system, eroding the confidence of the electorate in the electoral system and has become a tool for subverting the will of the people during elections in Nigeria.

    “Prior to the 2015 Gubernatorial Election in Kogi State, there were very few isolated cases of inconclusive and re-run elections in Nigeria, due to over-voting in some polling units and wards, and also due to non-voting in some words. This was the case in Ekiti State in 2009, Anambra in 2010 and Imo in 2011.

    “The escalating trend of inconclusive elections has cast a shadow on the neutrality of INEC as an umpire in the Nigerian election process.

    “The frequency of cases of inconclusive elections in Nigeria has created in the electorate lack of confidence in the election process.

    “The apprehension and deprivation caused by the rising case of inconclusive elections in Nigeria is a potential security risk in the country.

    He said he was aware that the Electoral Act in Section 153 gives the INEC power to make regulations, guidelines and manuals for the conduct of elections in Nigeria and as a result, the Commission issued the 2015 General Election Guidelines and the 2019 General Election Guidelines, as Subsidiary Legislation to the Electoral Act.

    “The March 9 General Elections, out of the 29 gubernatorial elections conducted, five gubernatorial elections in Sokoto, Benue, Bauchi, Kano, Plateau and Adamawa States, elections were declared inconclusive despite leading candidates having met the provisions of Section 179(2) of the Constitution, thereby causing apprehension, insecurity and eroding the confidence of the electorate in the Commission.

    “We are aware that as a result of the power of the Commission to issue guidelines, the INEC 2015 Guidelines in pages 22-23 paragraph 4, Section N, direct the Returning Officer to where the margin of win between the two leading candidates is not in excess of the total number of registered voters of the polling units where elections were cancelled or not held, decline to make a return until another poll has taken place in the affected polling units and results incorporated into a new form EC 8d and subsequently record in EC 8e for declaration.

    “This provision of the Election Guideline which was reproduced in the 2019 Guidelines is the basis for which the Commission whimsically declares election inconclusive.

    “It a source of concern that paragraph 4 of Section N of the 2015 General Election Guidelines is causing apprehension and lack of confidence in the nations electoral system, since Sections 134,179 and 111 of the Constitution provides for the emergence of the winner of Presidential, Gubernatorial and Area Council Elections in Nigeria.

    “The Constitution provides that the winner of the Election into Chief Executives offices in Nigeria shall emerge where the winner has majority votes of the total votes cast, scores one quarter of votes cast in each of at least two third of the votes in all States, Local Government and Wards respectfully.

    “Also, section 26(1) of the Electoral Act 2010 provides that where a date has been approved for the holding of an election and there is reason to believe that there will be serious breach of peace if the election is proceeded with that day, or that it is impossible to conduct the elections due to natural disaster or other emergencies, the Commission may postpone the election and fix a new date for the election.

    “The combined effect of Section 134,179, 111 of the Constitution of the Federal Republic of Nigeria 1999(as amended) and 26(1) as well as Section 53(2)&(3) of the Electoral Act shows that inconclusive elections is not envisaged in our laws, except where there was over-voting in a polling unit, not where votes already cast were cancelled.

    “The Commission should not be allowed to continue to whimsically declare elections inconclusive”.

    His prayer that INEC be told not to subvert the will of the people by resorting to the provisions of the Guidelines (relating to inconclusive elections) but to adhere to the Constitution and allow aggrieved parties to proceed to the relevant Election Tribunals in order to ensure peace and security and to promote the credibility of the electoral process, was rejected though.

    Following the same argument against INEC, Aliyu Madaki (PDP, Kano) said declaration of inconclusive elections by the electoral body amounts to military rule dictatorship, which the people of Kano State would resist.

    He said: “We are talking about the integrity of President Muhammadu Buhari – his integrity, if he has any, is being questioned seriously.

    “If he is watching, he has been declared as a winner while the margin of victory is less than the number of canceled votes all over Nigeria but he has been declared winner and our candidates of PDP in six States of northern Nigerian have been declared as inconclusive.

    “From information available to me, in the next two weeks when we are going for the election they will use every resource available and declare APC as winners in these elections. Let me sound a note of warning that we will not take it”.

    Mohammed Soba (Kaduna) said INEC must be resisted on the inconclusive election if the law states that valid votes from polling units cannot be cancelled while it would rather act on its own guidelines

    Henry Achibong (PDP, Akwa Ibom) wondered if INEC was ever independent, while suggesting that the electoral laws be reviewed.

    Adamu Chika (Niger) also reiterated that elections cannot be cancelled at collation centers, adding that whoever is found culpable in the cancellation must be brought to book, “We must stop inconclusive elections,” he added.

    Diri Douye (PDP, Bayelsa) urged his colleagues not to form opinions along party lines but to see themselves as Nigerians first, adding that electronic voting is the solution to electoral challenges facing the country.

    Umar Barde (PDP, Kaduna) Deputy Minority Leader and Tajudeen Yusuf also spoke against INEC on the issue.

    However, House Leader Gbajabiamila captured the arguments of Femi Adebanjo ((APC , Lagos), Idris Wase, Muhammad Monguno (APC, Borno), Babale Bashir (APC, Kano), among others that the issue at stake is not for the House to decide since the Supreme court has interpreted the law in previous election matter.

    The opponents of the motion suggested that the parliament should rather look at how to amend the Electoral Act with a view of making inconclusive elections irrelevant to our electoral process.

    Gbajabiamila said since everyone is concerned about the situation, all the lawmakers were in agreement with the trend only that the approach to the solution may differ.

    “The debate today centered on the interpretation of the law but unfortunately, since we run a democracy, we are not empowered to interpret the law but that is what’s done here today.

    “While inconclusive elections should be a thing of the past, how do we get there? It’s to get the electoral law amended within weeks.

    “The Supreme court has already ruled on it when INEC used it’s guidelines to declare the 2015 Kogi gubernatorial election inconclusive by looking at all the processes.

    “So, there’s a position already and the only solution is to amend the law and have Supreme Court change its interpretation.

    “Even on cancellation of results, INEC is still empowered according to the Supreme Court, and that’s how Faleke lost his case.

    “My advice is, let us tarry for a while and allow the arm of government that has the authority and the power to complete its job.

    We must take a legislative approach through amendment to address all the areas of concern.

    “Before now, the APC caucus discussed it yesterday (Tuesday) because it’s an important issue involving too many sSates,” he added.

    The motion was unanimously adopted following the amendment to its prayers after a voice vote.

  • Blame political class for inconclusive elections-INEC boss

    Blame political class for inconclusive elections-INEC boss

    * PDP crisis may endanger Edo, Ondo guber elections-CSOs

    The Chairman of Independent National Electoral Commission, Professor Mahmood Yakubu Friday  blamed the activities of the political class for the recent inconclusive elections in the country.

    Yakubu said the desperation by most politicians to win elections at all cost usually lead to massive irregularities and electoral violence with innocent citizens killed and maimed in the wake.

    He further explained that the determination of the commission not to overlook the infractions in the conduct of elections in line with the tenet of electoral law, was another reason for the spate of inconclusive elections in recent times.

    INEC Boss who spoke at one-day civil society/stakeholders roundtable on INEC and inclusive elections organised by the Independent Service Delivery Monitoring Group (ISDMG), however said  inconclusive elections were not peculiar to the six months of his assuming office as INEC Chairman or the administration of President Muhammadu Buhari, as people are made to believe.

    Yakubu, who was represented by the Director Voter Education at the Commission, Mr Oluwale Osaze Uzzy, also advocated for a 10-year ban on politicians who are guilty of electoral offences from aspiring to any public office.

    Meanwhile, the Civil Society Organisations have raised fears that the current leadership crisis rocking the Peoples Democratic Party (PDP) if not urgently resolved might endanger the forthcoming gubernatorial elections in Edo and Ondo States.

    In a discussion paper presented by the INEC Chairman entitled “Inconclusive Elections: The Facts and The Myths, Yakubu, said Sections 26 and 53 of the Electoral Act empower the Commission to declare an election inconclusive if there is likely to be breach of peace and over voting as a result of irregularities.

    He noted that disruptions by way of violence, intimidation and bribery of poll officials and voters, the scepter of inconclusive elections were likely to hang over on the electoral processes if the political class continues to see election as “do or die”.

    Yakubu said, “Where there are no such disruptions or distortions by the Political class, inconclusive elections will all but be eliminated, save for elections into the office of Governor or President where no candidate meets the Constitutional criteria or in cases of natural disaster or other emergency.

    He said: “To be declared a winner, a candidate must satisfy all conditions stipulated by law.  He or she must satisfy all legal requirements – score the majority of lawful votes cast at the election in which all eligible voters have been given the opportunity to exercise their franchise and, for executive positions, the stipulated spread in the Constituency.

    “Where no candidate satisfies this requirement, the election is said to be inconclusive. Where an election is scheduled, but there is likely to be a serious breach of the peace or it is impossible to continue with the election or it is impossible to conduct the election due to a natural disaster or other emergency, the Commission should postpone the election.

    “Sub- section 26 (2) states that “there shall be no return for the election until polling has taken place in the area or areas affected.”

    On over voting he said by virtue of Section 53 (2), “When the votes cast at an election in any polling unit exceeds the number of registered voters in that polling unit, the result of the election for that polling unit shall be declared void by the Commission and another election may be conducted at a date to be fixed by the Commission where the result at that poling unit may affect the overall result in the constituency.”

    According to him, inconclusive elections were not peculiar to the six months of his assuming office as INEC Chairman or the administration of President Muhammadu Buhari, as people are made to believe.

    He cited instances of 1979, UPN argument in the Court challenging the Presidential election ((Awolowo V. Shagari); 1999 Rivers State Governorship Election; 2011 – Imo Governorship  Election; 2014 – Anambra Governorship Election and I2015 – Taraba, Imo, Kogi and Bayelsa Governorship Elections respectively.

    He, however, disclosed that INEC had proposed to the National Assemmby on the amendment of the Electoral Act that politicians who are convicted of electoral offence should banned from contesting in an election for a period of 10 years.

    Mr Ezenwa Nwagwu, who spoke from the independent observer’s perspective, expressed fears that the currently leadership crisis if not resolved would negatively impact on the conduct of the forthcoming gubernatorial elections in Edo and Ondo States.

    He disclosed that INEC has conducted 129 election in the last six months and still have 31 more by July, it inherited 49 rerun in 16 states.

    He said: “Professor Yakubu  grapple with the challenge of late arrival of election material (there’s been improvement on this lately), lack of technical capacity of the ad- hoc staff, under age, voting, lack of adequate enlightenment of prospective voters, unfavorable terrain my view is that these challenges are surmountable but nothing challenge this INEC board like impunity,  use of violence, harming and killing of  election officials and the absence of  institutional mechanism to punish electoral offenders.”

    He called for revisit of the recommendation of the Justice Uwais led electoral reform committee particularly recommendation for the establishment of Electoral Offences Commission and Political Party Registration and Regulatory Commission.

  • INEC petitioned over inconclusive Kogi polls 

    INEC petitioned over inconclusive Kogi polls 

    Barely a year after the Independent National Electoral Commission (INEC), declared the Kogi East senatorial election inconclusive, the people of the area Tuesday matched to the commission office in Lokoja, demanding conduct the rerun without further delay.

    Their spokeman, Alhaji Hassan Yakubu while presenting a petition letter to the INEC representative, said haven declared the election inconclusive for three seats; senate and house of assembly for Idah and Ofu state constituencies, any further delay will amount to deliberately disenfranchising the teeming population of Kogi East senatorial district.

    He noted that one year into the life of this administration, the Igala/Bassa people have no representatives in the senate and two house of assembly seats, as the people are getting agitated, restive and apprehensive.

    He added: “Equally disturbing, four months after the re-run election was conducted, INEC has not deemed it fit to come out categorically to tell us what is holding back the release of these three remaining re-run elections or conducting another election.

    “We strongly believe and admonish that to disenfranchise a large population like ours under any circumstances may result to anarchy and strife.

    “It is imperative to state that all issues, conditions and parameters conducive to run or conduct a free, fair and credible election are present and available in Kogi East senatorial district.

    “It beats our imagination as to why INEC has not done the needful by concluding the activities of the re-run election or conduct another re-run to enable us have full complement quality representation in both the upper chamber of senate at the National Assembly and Kogi State House of Assembly.”

    In his response, INEC’s representative, Mr. Yagba Julius promised to deliver their message to the national chairman of the commission.

    He assured them that the INEC chairman will look into the matter and take action that will suit the people of Kogi East.

  • Inconclusive elections

    Inconclusive elections

    •INEC should wake up to its responsibility to deliver clean elections

    About nine months after Professor Mahmud Yakubu mounted the saddle at the Independent National Electoral Commission (INEC), conduct of elections is becoming a nightmare. In every state where executive or legislative elections have been conducted by the new team at the commission, the outcome has been inconclusive. This is leading many Nigerians to ask if the INEC as composed now has the technical capacity and will to build on the foundation laid by the Professor Attahiru Jega-led commission.

    Under Jega, the number of litigations following general and bye-elections dropped to all-time low. The confidence of the electorate in the ballot box improved and there was hope that the country was on the way to attaining the international standard in election management.

    The 2011 and 2015 elections proved that the former national chairman of the commission was, indeed, a man of integrity; a political scientist who knew his onions. The outcome of the last general elections would stand as the ultimate proof of Professor Jega’s competence and integrity. For the first time, an incumbent President lost to the opposition party’s candidate. It won him accolades and called the attention of the international community to a rare development in the country.

    The ascendancy of Professor Yakubu was greeted by many with expectation that he would build on the Jega foundation. He is not unknown to the public service and came in also as a political scientist.  However, the performance of the commission under him in recent times has called to question the basis for the initial euphoria. In all elections conducted so far in Kogi, Bayelsa, Rivers, Osun and the Federal Capital Territory, the commission has been scored low by all stakeholders. None was concluded as scheduled; nor could they thus be considered successful.

    Whereas the commission under Professor Jega showed incontrovertible zeal to improve on the electoral process and could boast that new features such as the card reader, permanent voter card and a rare will to succeed were introduced, not much could be said for the Yakubu team yet. Under the last leadership, the rate of litigation dropped drastically. At the time Jega mounted the saddle, Nigerians were about losing confidence in the ballot box and thus on the verge of seeking alternative means of accessing political power. But, a trend for the better had started by the time the former Bayero University, Kano vice-chancellor bowed out last year.

    Professor Yakubu who was given the task of improving on the Jega standard does not appear to know exactly the public expectation of him. In Kogi State, the logjam that trailed the November 2015 governorship election is linked to the indecisiveness of the commission. Had a winner been declared after the election, there would have been no need for a supplementary poll and the late Prince Abubakar Audu’s running mate, James Faleke, would have succeeded his principal. In Bayelsa, the result of the governorship poll that pitched incumbent Governor Seriake Dickson against the All Progressives Congress’s former state helmsman Timipre Sylva is still being examined by the judiciary, owing largely to inability of the commission to deliver the election on the same day.

    The Rivers State legislative elections caused a stir as only 10 of the 21 state constituencies had their results declared. In others, owing to widespread violence and malpractices, the polls were declared inconclusive and postponed indefinitely.

    We have keenly followed the litany of excuses by the commission following its inability to deliver clean polls in the Federal Capital Territory where the level of enlightenment is high. In the elections conducted on April 9 in the six area councils, only two had the vacancies filled. It is unacceptable that all the commission could deliver are reasons why it has failed in meeting with the standard passed on to it. Nigerians want free and credible elections whose results are made public as scheduled. We are not oblivious of the roles played by other agencies of government in managing the process and the terrible conduct of some politicians and political parties, but, the buck stops at INEC’s desk. It has the duty of engaging all critical stakeholders before elections and based on its judgement go ahead on a fair assessment of the political climate.

    Professor Yakubu and his men should wake up to the reality of the moment; Nigerians may be patient and resilient, but they are not infinitely docile as some of those in authority think.

     

  • Season of inconclusive elections

    Season of inconclusive elections

    Nigerians have been amused by the inconclusive elections that has been witnessed in recent times. Deputy Political Editor RAYMOND MORDI examines the phenomenon.

    THE inconclusive tag associated with the recent Kogi and Bayelsa governorship elections has brought to the fore one of the biggest challenges facing the Independent National Electoral Commission (INEC). The commission had been hailed for its conduct during the 2015 general elections. Against stiff opposition from the then ruling party, the commission insisted on the use of Smart Card Readers and the Permanent Voters Card (PVC); two technological innovations that have been used successfully in some countries in Africa and elsewhere in the world. Indeed, the two devices were eventually hailed as the greatest innovations that made the elections to stand out, compared to previous ones since the return to civil rule in 1999.

    But, given the challenges that were associated with the introduction of the technological innovations, observers say they remain a means to an end. With the innovative technologies introduced by the immediate past chairman of INEC, Prof. Attahiru Jega, many Nigerians had heaved a sigh of relief, saying that the era when the desperate bid for power by politicians was the order of the day was coming to an end.

    Indications from recent elections in Kogi and Bayelsa states suggest that politicians and their supporters are nevertheless trying to find new ways to undermine the system, by continuing to resort to the age-old practice of snatching ballot papers and ballot boxes, stuffing of ballots, disruption of voting and fomenting of violence to scare away potential voters in places where their opponent appears to have the upper hand. Curiously, some Nigerians have dubbed the new INEC Chairman, Prof. Mahmood Yakubu, “an inconclusive chairman” with the way the two recent elections have gone.

    In the case of the Kogi election, INEC had to cancel results in 91 polling units across the state as a result of cases of violence, over-voting, snatching of ballot boxes, among others.

    Subsequently, a supplementary poll was ordered in the affected units. This was premised on the fact that the margin between the two leading contenders then, the late Abubakar Audu of the All Progressives Congress (APC) and Governor Idris Wada of the Peoples Democratic Party (PDP) was 41,000 votes; whereas the total number of registered voters in the affected polling units was 49, 953.

    The impasse has been resolved, with the declaration of Yahaya Bello, Audu’s substitution, as winner. The APC garnered 6,885 votes in the supplementary poll to bring its total votes to 247,752, having polled 240,857 in the November 21 election. Wada scored 5,363 to take his total votes to 204, 877 votes; he had earlier garnered 199, 514 votes.

    Similarly, the Bayelsa poll was also characterised by poor logistics and violence in Southern Ijaw Local Government Area. INEC’s response initially was to shift voting in area to the next day. But, armed thugs continued to cause mayhem, by disrupting the distribution of election materials. Thus, the rescheduled poll suffered several hitches and had to be cancelled; thereby re-enacting the Kogi inconclusive scenario. INEC said a new date would be announced for the election in the local government, which has 120, 827 registered voters and is the largest among the eight councils in the state.

    This development has put Yakubu on the spotlight. Nevertheless, observers say beyond the use of technological devices that something more incisive is needed to guarantee free and fair elections in the country. One of such observers put it very succinctly when he said: “This has to do with the human factor; specifically the change in attitude and orientation by the major stakeholders; the political gladiators who usually put their selfish interest far above those of the electorates.

    “The truth is that the use of technological tool like the Smart Card Reader does not in itself eliminate the human agency that perpetrates electoral offences such as over-voting. But, the Card Reader still helps to expose the misdeed, by showing in its memory that the ballot papers stuffed in the box is more than the number of persons accredited.

    This is not the first time Nigeria would be witnessing a trend of inconclusive elections and resultant supplementary elections. There was supplementary election for Ekiti State governorship election in 2009. The Anambra Central senatorial constituency also had one in 2011. Others are: the Imo State governorship election in 2011; the Oguta constituency of Imo State 2013; the Imo State governorship election in 2015; and the Anambra State governorship election in 2013.

    This development has always meant different things to different political parties; depending on how it affects their chances of victory. For instance, in Anambra State in 2013, political parties like the APC and the PDP picked holes with the pronouncement of INEC, while the winning All Progressives Grand Alliance (APGA) was quite indifferent, knowing that it was already coasting to victory with the results so far declared. But, INEC insisted that it would not cancel the entire exercise as canvassed by some of the parties, after the chief returning officer had declared elections in the affected area inconclusive.