Democracy would perhaps lose its defining egalitarianism if it foreclosed the free expression of viewpoints by its adherents – including often illogical perspectives by forces that seek to misinform, diminish and divide. Against this backdrop, we should appreciate public communicators who have achieved that delicate, firm balance between researched opinion that informs and leverages society and humdrum commentary that diminishes and stunts.
The unfolding debate over assessment of the performance of the Independent National Electoral Commission, INEC, especially with regards to the so-called ‘inconclusive polls’ represents an arena where a lot of positions that lack rigorous, objective thinking have taken centre stage. Given that perception is reality, this situation is hugely worrying and needs to be dealt with immediately to clear the often contrived fog foisted on public perception.
Curiously, many commentators on elections either do not know, or choose to ignore the key fact that conduct of election is a closely structured exercise. The often contrived failure to conform to due process and rules of engagement will result in a verdict of inconclusiveness by the electoral umpire or in nullification of the poll by the election petitions tribunals down the line.
Currently, two major pieces of legislation guide the conduct of elections in Nigeria. They are the 1999 Constitution of the Federal Republic of Nigeria, as amended as well as the Electoral Act 2010, as amended. In addition, Section 153 of the Electoral Act empowers INEC to also issue regulations, guidelines and manuals for the purpose of giving effect to the provisions of the Act. Thus, the commission periodically publishes Election Guidelines, Codes of Conduct for Political Parties, Accredited Observers, Journalists, etc. It also developed Political Party Finance Manual and Handbook.
The necessity for declaration of inconclusive polls stems from the need to account for results from every polling unit during an election exercise. INEC itself brought more clarity to this issue recently when its chairman, Prof Mahmood Yakubu, visited a Lagos-based newspaper. “The constitution of this country provides condition for making return in an election”, he said. “If that threshold is not met, can INEC make a declaration? We can’t, under the law, and if you do so the court will nullify the election.” When I first saw the headline of this article, however, I didn’t exactly have the clarity.
The headline, “INEC can’t guarantee conclusive elections in 2019 –Chairman”, got my iris dilated. But when I read Yakubu’s direct quotes inside the story, I was relieved. This, in my humble opinion, brought to the fore the excrescency of interpretative journalism, where interpretation provides the theme and the facts illustrate it; where the theme is primary and the facts are secondary.
I couldn’t agree any less with INEC boss when he said, “The most difficult election for the commission to conduct are off-season elections, because the attention of everybody focuses on a particular constituency and the political actors and gladiators and their antics have time to mobilise nationwide to descend on a particular constituency, which made the conclusion of such elections very difficult.”
That was manifested in Bayelsa. That was what we also saw in Rivers. That was why seven people were killed in Rivers elections last year, including a corps member and two solders. That accounted for the reported deaths of 14 people in Bayelsa election last year, including three soldiers and four policemen. All political eyes were fixated on the states in their respective election dates. The political parties and their stalwarts had their attention and resources directed to a those areas. It was a do or die affair!
Will it be fair, therefore, to compare the outcome of the elections in these states with that of a general election? Just imagine if the death ratio is taken to the general election. Assuming the spate of deaths is mirrored across the states in a general poll. In arithmetic progression, that would be almost 400 victims, including 108 soldiers. Would you call that an election or a war?
The Rivers and Bayelsa experience would likely reincarnate in Edo State. The politicians are already raising the political temperature to feverish proportions. I will be surprised if the winner is decided at first ballot count. I will not bore you with section 26. The spirit and letter of that act suggest that safety and security should not be sacrificed on the altar of conclusive elections.
All said, why does it appear elections are increasingly becoming inconclusive at first count? I want to suspect that there are more off-season polls now than ever before. Annulment of election naturally steers them away from general election. In addition, our polls are now credible and thus more competitive. “What I want Nigerians to understand is that our democracy is maturing,” Yakubu had explained. “If it matures, it cannot be the way we used to do things before. The mind-set would have to change. Days were long gone when politicians do everything they can to be declared winners, knowing that the case would end up in court.”
However, INEC would need to speed up some of its proposed reforms, such as amendments to its guidelines. This includes removal of the eight million uncollected Permanent Voter Cards. It also includes vigorous prosecution of electoral offenders and initiating further enactments to stem electoral violence.
While I respect the rights of others to hold opinions that do not resonate with mine as expressed here, it would appear some are on a mischief trip. Since the emergence of Yakubu, it seems some have made throwing flaks at him as their mission in life. It’s not the aim of this piece to obliterate any happiness they cling to by so doing – except to give illumination, as I see it, to the straight-minded.
- Gaya is Vice President (North), Nigerian Guild of Editors.
