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Tag: Inec

  • Anambra election: Jega defends voters register

    Anambra election: Jega defends voters register

    The Chairman of the Independent National Electoral Commission (INEC), Prof. Attahiru Jega, has again defended the voters’ register used in the Anambra State governorship election.

    Opposition parties condemned the register as most eligible voters were omitted and thereby disfranchised from participating in the election.

    Though Jega agreed that there might be a flaw in the process, he said the register has requisite integrity which compares favourably with any on the continent.

    Prof. Jega spoke in Abuja at the Monday 4th Quarterly Meeting between the electoral body and political parties.

    The political parties at the meeting commended INEC over the permanent voters’ register and the handling of the Anambra State governorship election, but the All Progressive Congress (APC) insisted that it was “travesty of justice.”

    In his remark, Jega said the essence of the meeting is to exchange ideas on how best to keep on improving the electoral process and to strengthen mutual trust and confidence as the country move towards the 2015 general elections.

    INEC boss, who reiterated the need for continuous constructive engagement between political parties and INEC, said the situation with the voters register was not as bad as it was made to look.

     

     

  • Anambra poll: INEC official gets bail

    Anambra poll: INEC official gets bail

    A magistrate’s Court in Wuse Zone 2, Abuja, yesterday, granted bail to an Independent National Electoral Commission (INEC) official, Chukwujekwu Okeke, held over alleged misconduct at the November 16 Anambra governorship poll.

    Okeke, 54, was the electoral officer for Idemili North Local Government.

    He was arraigned on November 25 on a one-count charge of dereliction of duty, contrary to Section 123 (1) (2) and (3) of the Electoral Act, 2010.

    Despite the opposition of the prosecution lawyer, Stanley Nwodo, the Chief Magistrate, Usman Shuaibu, granted bail to the accused.

    The court ordered that Okeke be admitted to bail for N3 million, with one surety, who must be a Level-15 civil servant in Abuja.

    The court also ordered Okeke to report every working day, between 10 am and 2pm, at the Force Criminal Investigation Department (FCID) until the police complete their investigation.

    Further hearing has been fixed for January 8.

    Nwodo had applied for leave to further detain the accused on the grounds that the police were yet to conclude their investigation.

    He said the seven days earlier granted the police were insufficient, as investigation was disrupted by the supplementary poll of Saturday.

    Shuaibu upheld the objection by the defence lawyer, Daniel Nwogbodo and refused Nwodo’s application.

    He said the prosecution failed to provide reasons for its request for permission to further detain Okeke.

    Shuaibu held that the offence was bailable.

    Nwodo, on November 25, told the court that Okeke unlawfully breached his official duties at Idemili, where he was deployed on November 16.

    He accused Okeke of withholding materials meant for the election, thereby breaching electoral procedures.

  • Electoral fidelity is job for all, says Igini

    Electoral fidelity is job for all, says Igini

    Comrade Mike Igini is the Cross River State Resident Electoral Commissioner ( REC). In this interview with AUGUSTINE AVWODE in Calabar the state capital, he reflects on the Anambra State governorship election and its lessons.

    The preponderance of opinion is that the INEC bungled the Anambra State governorship election. How do you react to this?

    Elections are very sensitive issues and there are multiple interests. First, the isolated polling units in the Ndemili North LGA that brought about this challenge was acknowledged and the staff, whose action brought what the chairman had described as ‘’sabotage’, is under interogation for further action. We should isolate this LGA from the other 20 LGAs, where the exercise went very well, baring little delays in commencement. But, more seriously, given what we have achieved previously, we should endeavour to distinguish between election irregularities, such as delays in commencement, from election malpractices, and electoral fraud. The delays were due to failure of the recruited NYSC corpers to turn up on the election day in the Anambra election. There were also reported instances of protest by some security personnel on election day, who insisted that they would not escort materials, if not paid. such actions that were adverse to early commencement are understandably, attributed to the INEC who are the election managers, unfortunately.

    The actions and inactions, particularly negative ones, of stakeholders outside our control in some or many instances, should be separated from the malpractices in which election managers or other key stakeholders fall short of professional expectations, and this must also be separated from outright fraud, in which criminal and deliberate breaches of election laws and standards occurred. I must inform that in every election, the Commission strives to surpass previous benchmarks since 2011 and subsequent elections in Edo and Ondo. It has made strenuous efforts through innovations to prevent and minimize irregularities, malpractices and to possibly eliminate fraud.

    Did the INEC prepare well for the poll?

    I know that, in this election, for the very first time in our electoral history, the commission introduced the process of customising result sheets, that is, Form EC8A, from polling unit to polling units, so that you cannot use a result sheet from one polling unit in any other place, just at it has been using customised ballot papers which also makes it difficult to take the ballot papers meant for one area to another. Also in the Anambra election, for the first time, registered voters could confirm their registration status through GSM phone text messaging by texting Anambra State and a code including the last four digits of your voter registration number to a particular number. Additionally, logistics arrangements were made to improve early commencement, following the effective use of the created super-RACs at Registration Areas/Ward levels, which involved the conveyance of materials from proximal registration area centers to polling units to avoid conveyance issue on election day. But like the literary giant said, just as the hunter has learnt to shoot without missing, you still will find some electoral birds who learn to fly without perching, so we have to keep improving.

    Despite these attempts, where obvious failings have occurred, the commission will make efforts to sanction malpractices and prevent them, but where there is electoral fraud, it must be punished by the law. This is why the present INEC leadership is on record to be the first commission leadership in Nigerian history to secure the conviction of election offenders. But we can only do this better, if we institute a specialized Election Offences Commission to deal with this matter as the legal resources of INEC are limited.

    When are we going to achieve the goal of quality elections?

    That is a challenge for all of us. It is a multi-stakeholders responsibility that involves you and l and all stakeholders, if we are committed. The quality of election is an issue that has occupied much practical and theoretical studies, if you search the internet for the term “ election integrity” you will find a plethora of literature on Election Integrity, specifically concerning Africa, you will find literature from authoritative sources like Bratton as well as Lindberg; all elaborate on the fact that improving the quality of elections is an evolving matter that improves from lessons learned from previous failings and successes, but one thing that we cannot run away from is the fact that the most important indicator for assessing the quality of elections is the qualitative response of voters.

    Hence, the central question is; do the voters in most cases accept that the outcome of the election reflects their votes? We must t review other parameters both qualitative and quantitative for judging the standards of election. The parameters for doing so are fairly well known and all such parameters often go towards accessing three broad issues, namely; was there fair participation? Was there fair competition and is the outcome legitimate? So, we must then ask, that regarding the Anambra election, was there fair participation, was there fair competition, and is the outcome legitimate.

    From the reports of the two directors I nominated to participate in the election, based on requests from the National Headquarters, who managed two LGAs, as well as the reports of 348 academic dons from the University of Calabar that collated the results brought to them from the polling units, the main issue of concern was with the participation of voters in some areas, in one LGA out of 21, there were really limited or no significant adverse reports in 20 LGAs where the 23 candidates freely participated and competed. In the latter connection, the commission took the lawful steps of putting in abeyance election in the affected areas in that LGA, to be concluded at a date to be appointed and final return made in respect of the election to make it conclusive.

    All the Local Government Collation Officers were from UNICAL, Cross River State. Do you have any input in their being posted to Anambra State?

    It was the commission’s decision. Our remit was essentially to train and shortlist those who could perform the assignment and, of course, these university dons have done this previously in our elections here in calabar and even, in the same Anambra State last year when a court ordered for a senatorial election that l supervised in that state. From Monday to Thursday, I personally participated in the training process and they all travelled on Friday to Awka. Please note that a collation officer only receives, results from polling units which he certifies having been satisfied that they comply with expected standards. I was also supposed to be in one of the local governments but was indisposed due to a slight ailment.

    Would you say they were given adequate training for the job they went to do?

    Indeed, they were well trained. In fact, there has been a lot of commendation from high ranking members of the commission and even candidates that contested the election for their diligence and competence. As I indicated, I personally partook in their training, moreover many of them have participated in several elections before in the same capacity in Cross River and Anambra State.

    The voters register has come to be the major headache in achieving credible elections in the country.

    How can we get a good voter’s register?

    Around the world and in countries where identity cards with high fidelity are managed by central systems, a national identity card is often sufficient proof because it carries many other demographic indicators and transactional histories of interface between the individual and the state, such as your age and a history of your address or addresses, tax, mortgage and utility registrations, hence it is difficult to assume such identity overnight. Hence, we hope that the new Identity framework of permanent voters card will reduce the current anxieties, by helping to strengthen the fidelity of the voters register which is a statutory requirement for good elections.

    But for now, despite the challenges that you have alluded to, the biometric registration of voters conducted by the INEC has reduced the scale of the problems and our data remain the most comprehensive biometric data base across the 774 LGAs where Nigerians are domiciled. However, the Commission acknowledges and observe the issues raised for improvement because a voter’s register is the foundation of free, fair and credible elections. Additionally, if you peruse the extant Electoral Act, especially Sections 10 (3-6) and Section 11 (2), the fidelity of the voters register is reliant on the electorate and the public when they raise proper and timely objections in the register.

    Analysts have already written off the commission, saying that it cannot conduct a credible election in 2015…

    Electoral job is fast becoming that of a football coach that previous victories do not really matter except a win in the current match. But should that really be so? We should recall where we are coming from given years of rogue elections before the current efforts of building a new electoral order for a sustainable democracy.

    You see, every election has its successes and pitfalls, and unfortunately, in our political ambiance, it is rare to find people wholly accepting election outcome without some complaints. I support genuine protest and, if necessary, litigation of unfair processes for correction in future elections, because that is the only way the system can improve when its reliability is brought under scrutiny. Again, this is not merely a local problem and that is why Prof. Elkit, a renowned authority on election integrity stated that “election integrity is conceived as a state of affairs in which a specific democratic election is “perfect, at least with nothing whatsoever to complain about” and that such a state is aspirational, based on current realities. Thus, Shein and other authorities on the same issue, maintained that the actions of election managers should be to eliminate fraud and minimize to the barest possible minimum, professional failings and logistical challenges where they emerge.

    This does not however, excuse irregularities that were avoidable and outright cases of fraud. The complaints of stakeholders may or may not be legitimate, but we must all accept that, despite the problems, we have covered some level of electoral mileage, having regard to 2003 and 2007 elections. We must convince the political elite, that it is in their best interest to institute more reforms, because, when you ask them to do so, many often feel they can benefit from the weaknesses and hence, they pay lip service to requests for reforms, but they often end up as victims. So, to ensure a level playing field they should all empower the voters more by improving the legislative framework so as to deepen democracy.

    Which aspect of the Electoral Act should be reviewed and why?

    The INEC as a commission has made several presentations to the National Assembly on weaknesses in the legislative framework, the isue of the breach of the Electoral Act bothering on fair access to media by all political parties and candidates. Also, the commission has called for the reinstatement of Section 87(9) that was removed from the Electoral Act and the urgent need to delete the proviso to Section 31 of the extant Electoral Act, which suggests that; whether parties conducted primaries or not in accordance with the law, whatever list of candidates presented by political parties INEC cannot reject for ‘’any reason whatsoever.’’

    I am even surprised that these political parties have not presented Chinese and people from Malaysia as candidates since they have been given the fiat to present candidates whatsoever way the deem fit for elections, since INEC has been stripped of administrative power of control to the extent that even when INEC is invited to ‘’observe primary exercise it cannot even say anything if an individual who did not participate in the primary election is presented to it as candidate for election.This provision is an attack on the internal democracy of parties, it whittles if not completely disempowers party members and empowers the leaders and ultimately weakens the control of the quality of candidates presented for elections. And the legal and orderly nomination of candidates for election is the most important functional service that parties provide for society after the articulation of developmental policy. As we speak now pre-election issues from the 2011 primary elections are still in our courts on-going in 2013, many of which might not be decided till 2014, the eve of another general elections.What is wrong with us really? Is our problem that of the lbo saying that “the problem of the smelly he-goat is in the he-goat that the heaviest rainfall cannot wash away”?

  • 2015: ‘Nigerians must reject INEC’s ineptitude’

    Nigerians must not allow a repeat of the Anambra State experience during the 2015 general election, human rights lawyer Bamidele Aturu has said.

    He said the compromised governorship election is an indication of what to come from the Independent National Electoral Commission (INEC), and must be rejected.

    “Our people must brace up for 2015. We must defend our votes; politicians won’t do that for us. That is the lesson,” Aturu said.

    On the proposed national conference, the lawyer said neither the latter-day advocates of a dialogue nor those who used to clamour for its talk-shop variant among the ruling class really want the kind of meeting that people desire and deserve.

    “Genuine national conference can only mean a negation of what the mainstream politicians stand for, such as privatisation of public assets, systematic looting of public resources, culture of impunity, electoral fraud and unrestrained acts of corruption.

    “I believe they are wise enough not to bring forth their own gravedigger, except unwittingly,” Aturu said.

    According to him, there can be no serious national conference that is not sovereign.

    The conference, he said, must be sovereign in the sense that its decisions are not subject to alteration or amendment by any other authority, executive, legislative or judicial.

    “It follows that its outcome has to be subjected to a national referendum and not taken to the National Assembly dominated by those whose interests conflict with those of our people.

    “Second, the conference is sovereign in the sense that it determines its agenda all by itself. It drafts and plays its own script and not that of anyone else.

    “The other point that we need to note about a genuine national conference is that it is not organised by state resources. It is not a per diem based conference where people jostle for allowances. Such conferences abound in this country.

    “All one needs to do is to visit all the five star hotels and see how our resources are being wasted on frivolous conferences that are part and parcel of the problems of our country.

    “Organisations, groups and ethnic nationalities that want to participate in a genuine National Conference must fund themselves.

    “But above all, true national conference is not a gift; it is the product of serious mobilisation by the people and their organisations. I certainly do not see how the proposed National Conference fit the bill of a genuine National Conference.

    “It is just a jamboree for the elite to spend some more dollars and enjoy themselves. But do I then say that it should be avoided? No.

    “Patriotic organisations and progressive citizens, who have the time, should do everything possible to use the platform to show that it is nothing but a deceptive jamboree and journey that leads to more confusion.

    “As I have said elsewhere, who knows, the contradictions that abound may just accelerate the process of our peoples’ freedom in spite of the permutations of its convokers,” Aturu said.

    Aturu regretted that the privatisation of the power sector has not yielded any results.

    What we have everywhere as we speak are generators and not light from the cabal that hijacked our power sector. Cabal everywhere.

    “We have cabal in the oil industry, cabal in the power sector, cabal in politics, cabal in the judiciary – remember the shameful collaboration of senior members of the judiciary in throwing out Justice Isa Ayo Salami for doing nothing – cabal in the legal profession. This is indeed a cabalised nation.

    “The workers must brace up for another struggle this time around, no matter how unpopular it may be. The struggle is to retake PHCN from the cabal.

    “We do not say that they should not come and invest their resources and build power plants et cetera. But it is immoral to take what belongs to us and sack two-thirds of our brothers and sisters and then generate darkness. That is utterly unacceptable.”

     

  • Will Anambra election stand?

    Will Anambra election stand?

    Since the November 16 “inconclusive” Anambra State governorship election, the country has known no rest. Matters were not helped by the insistence of the Independent National Electoral Commission (INEC) to hold a supplementary election last Saturday, which was boycotted by All Progressives Congress (APC), Peoples Democratic Party (PDP) and Labour Party (LP). The poll was marred by apathy. In this report, ERIC IKHILAE analyses the Electoral Act and INEC’s conduct.

    Will the governorship election held in Anambra State stand? This is the question on the lips of many.

    It came as a shock to Nigerians that the Independent National Electoral Commission (INEC), after admitting that the poll was flawed, refused to cancel it.

    Rather, the commission went ahead to conduct supplementary election in several local government areas of the state. The option left for the agrieved, it seems, is to resort to the court. But will justice be done?

    Some analyst are concerned that the election should not have been allowed to end in court in the first place, as it seems likely to. They see it as being unfair to those who were victims of an election that was not credible, especially where litigants may be denied justice based on technicalities.

    The realisation of the importance of a free and fair election in ensuring a sustained democracy and prosperous political system, accounts for why most democracies in the world strive for perfection in their electoral processes.

    Unfortunately, INEC has consistently failed to deliver on its mandate since the return to democracy in 1999 despite the various provisions in the Constitution and the Electoral Act.

    The Constitution empowers INEC to conduct and regulate the conduct of the federal elections, the governorship and House of Assembly elections, while the Electoral Act provides the road map for the execution of these tasks.

    Until its disastrous outing in the Anambra governorship election, everyone had thought that INEC has learnt its lesson and was willing to perfect its acts before the 2015 general election.

    INEC’s failure to deliver on what many had thought was an easy meal, despite the huge men and materials at its disposal, has resulted in a monumental national embarrassment that has made a mess of the assurances by President Goodluck Jonathan and INEC’s leadership to establish a transparent electoral process.

    Having bungled the November 16 Anambra governorship election, INEC, reached for the Electoral Act for powers to declare the election inconclusive. In the process, it cancelled the results of elections in 210 polling units, across 16 local governments of the state’s 21 local governments.

    Despite the call from many quarters that the entire election, having been marred by serious acts of non-compliance with the Electoral Act, should be cancelled, INEC, who had equally admitted that the election was flawed, has gone ahead to conduct what it called supplementary election last Saturday.

    Opposition parties and election observers, had in their calls for total cancellation of the entire election, cited instances where majority of voters in the opposition’s stronghold, were deliberately disenfranchised by INEC, who failed to provide them with voting materials on time; cases of underage voting in places controlled by the ruling party, and the utilisation of a voters’ register without names of majority of the registered voters, thereby denying about 70 per cent of the state’s voters the right to vote.

    The most glaring of such cases was that of the People’s Democratic Party’s (PDP) candidate, whose entire household, including his father, mother, uncles and aunties could not locate their names on the voters’ register and were denied the right to vote.

    One of the opposition parties, the All Progressives Con

    gress (APC) took its protest further when it petitioned

    INEC and followed the petition with a protest rally by its leadership, where the party urged the electoral body to exercise its powers under the Electoral Act to cancel the election.

    The party predicated its demand on the serious irregularities and non-compliance with the provisions of the Electoral Act 2010, which it said, characterised the conduct of the election. It argued that the commission is duly empowered, under the Electoral Act, to reject the election’s results

    “A correct reading of the Electoral Act 2010, as amended, is to the effect that your commission cannot reverse itself where a candidate in the election has been returned as a winner. This has not been done. Indeed, your commission had on Monday, November 18, 2013 declared the election as inconclusive,” the party said in its petition.

    APC added that in an electoral process, a Ward or Local Government Collation Officer, who stands in the same position as State Collation/Returning Officer can cancel or reject results submitted to him/her at Ward or Local Government level, where the result is tainted with vice or irregularities.

    A lawyer, Rotimi Fasakin, argued that since a winner was not announced, it was still within to cancel the election. He cited Section 27(2f) of the 2010 Electoral Act (as amended) which provides that “ The Returning Officer shall announce the result and declare the winner of the election at: (f) State Collation Centre in the case of election of a Governor of a State.”

    Fasakin said since the Returning Officer did not declare a winner, INEC has no excuse not to cancel an election which it admitted was massively flawed.

    “Did the action specified in Section 27 (2f) of the Electoral Act take place at the state collation centre? If not, would that not mean that the results have not been declared and the electoral process, according to the electoral law, is still under the control of INEC?

    “Can the court adjudicate on an electoral process that is inchoate and effectively still under INEC’s purview and control?

    “How can INEC have power to cancel 113,113 votes and suddenly become powerless to cancel others that bore the imprimatur of the same inimitable INEC tardiness and corruption?” Fasakin said.

    The lawyer accused INEC of choosing when to use the court as an excuse and when not to obey its orders.

    Despite these arguments, INEC had stuck to its gun, insisting that it was incapable of cancelling the entire election in the face of the provision of Section 68(1) of the Electoral Act. The section provides that “the decision of the Returning Officer on any question arising from or relating to-(a) unmarked ballot paper; (b) rejected ballot paper; and (c) declaration of scores of candidates and the return of a candidate, shall be final subject to review by a tribunal or court in an election petition proceedings under this Act.”

    The commission argued that though it cancelled part of the Anambra election results and declared the election inconclusive, it could not cancel the entire election since its Returning Officer has announced the results. It is its position that the only opinion was for it to conduct a supplementary election, while those aggrieved should head for the tribunal, which it argued, possesses the powers to order a rerun election.

    Law experts are, however, of the view that INEC’s position will only result in handing a poisoned chalice to the purported winner, because its conduct and utterance has prepared the ground for a monumental legal disputation.

    According to Donald Ujokanma, despite the provision of Section 68 of the Electoral Art, there are other provisions of the same Act that empower INEC to either reschedule election or cancel an already held election without recourse to the court or tribunal.

    He cited Section 54(3) for instance, which provides that “Where the votes cast at an election in any polling unit exceed the number of registered voters in that polling unit, the result of the election for that polling unit shall be declared null and void by the Commission and another election may be conducted at a date to be fixed by the Commission where the result at that polling unit may affect the overall result in the Constituency.”

    This provision, he argue, presupposes that since INEC can declare results from a polling unit where over voting occurs , null and void, it could be taken that the Commission can also declare the entire process in the constituency null and void, where it discovers that there had been widespread disenfranchisement of voters and irregularities and electoral malpractices.

    Another lawyer, Jiti Ogunye also argued that by proceeding with its supplementary election, INEC has also breached the provisions of the Electoral Act.

    He noted that INEC, under the Act can only vary the date of an election prior to the holding of election and not midway into the conduct of the election as was done in Anambra. He refered to the provision of Section 26 of the Act.

    Section 26(1) provides that “where a date has been appointed 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 date or it is impossible to conduct the elections as a result of natural disasters or other emergencies, the Commission may postpone the election and shall in respect of the area, or areas concerned, appoint another date for the holding of the postponed election, provided that such reason for the postponement is cogent and verifiable”.

    Section 26 (3, 4 &5) further provides that “ where the Commission appoints a substituted date in accordance with subsections (1) and (2) of this Section, there shall be no return for the election until polling has taken place in the area or areas affected”; “ notwithstanding the provision of subsection (3) of this section, the Commission may, if satisfied that the result of the election will not be affected by voting in the area or areas in respect of which substituted dates have been appointed, direct that a return of the election be made”; and that “ the decision of the Commission under subsection (4) may be challenged by any of the contestants at a court or tribunal of competent jurisdiction and on such challenge, the decision shall be suspended until the matter is determined”.

    Ogunye challenged the legitimacy of INEC’s decision to conduct supplementary election. It is argued that the phrase, supplementary election is unknown to any law in the country, including the Electoral Law.

    He argued that the only elections recognised, under the Electoral Act include the general election, bye election, fresh election or rerun election and run-off election.

    That aside, an Abuja based lawyer, Dr. David Garuba argued that INEC’s failure to ensure that elections hold simultaneously in all polling units throughout the state was a breach of the provision of the Electoral Act intended to ensure that the electoral process was free and fair.

    He noted that Sections 125 and 148 of the Electoral Act which were intended meet the “requirement of secrecy in voting” and “secrecy of ballot” during election were violated when elections were not conducted on the same day and at the same time.

    He argued that the election in Anambra can no longer be said to be secret or credible, free and fair when it was rendered inconclusive and the results partly released, with the intention of giving a picture of who the overall winner will eventually be, as was the case in Anambra after the November 16 election.

    Section 125(1) provides that “any person in attendance at a polling unit including every officer charged with the conduct of an election and his or her assistants and every polling agent and candidate in attendance at a polling station or at the collation centre, as the case may be, shall maintain and aid in maintaining the secrecy of the voting.”

    Subsection 2 states that “no person in attendance at a polling booth under this section shall, except for some purpose authorised by law, communicate to any person information as to the name or number on the register of any voter who has or has not voted at the place of voting.”

    Subsection 3 says: “No person shall (a) interfere with a voter casting his vote, or by any other means obtain or attempt to obtain in a polling unit information as to the candidate for whom a voter in that place is about to vote for or has voted for; or (b) communicate at any time to any other person information obtained in a polling unit as to the candidate to whom a voter is about to vote or has voted for”.

    Section 148 provides that “no person who has voted in any election under this Act shall, in any legal proceedings arising out of the election, be required to say for whom he voted”

    Dr. Garuba also identified what he termed “the challenge of the ritual of electoral litigation”.

    He noted that though INEC has advised the aggrieved to approach the tribunal, and the APC having also given notice, in its petition to recourse to legal action, there exists the challenge of securing victory at the tribunal.

    “The extant electoral Act gives just 180 days, which is always inadequate for the petitioners.

    “This fact became evident during the post 2011election regime where most tribunals denied petitioners the right to fair hearing on the ground that time allocated for the hearing of election petition has lapsed.

    “Most respondents capitalise on this to deploy all time wasting tactics to frustrate the proceedings of the tribunals.’’

    On why those involved in electoral malpractice are not prosecuted, another lawyer, Nwanchukwu Obinwa, argued it was yet impossible to successfully prosecute electoral offenders because measures are not yet in place to deter intending electoral offenders as there are no records of anyone convicted and imprisoned for committing electoral offences.

    He said although INEC’s Chairman, Prof Attahiru Jega was quoted as admitting that some of his men were responsible for the Anambra show of shame, he refrained from naming them.

    “ Jega was also recently quoted to have complained that his commission lacked the financial wherewithal to prosecute electoral offendee

    “As it stands today, it may be difficult to ensure successful prosecution of violators of the Electoral Act or election offenders with the failure of President Jonathan to inaugurate an Electoral Offence Commission (EOC) as he had promised after the 2011 elections.

    “The blame for the non-establishment of EOC can be shared by the INEC and the National Assembly who have failed to move fast and finalise the promulgation of the Electoral Offences Commission Act to deal with the arrest and prosecution of electoral offenders,” he said.

    The President of the Nigerian Bar Association (NBA),

    Okey Wali (SAN), at the association’s NEC meeting

    in Nasarawa State, said an EOC “will be in a better position to deal with the challenges posed to our electoral process by the brazen commission of electoral offences in our electoral process”.

    Critics said although a few people have benefited and continue to benefit from the warped electoral process in place, the entire nation, unfortunately, is the end loser.

    This is because it has not only affected the production of true leaders, the current electoral process under INEC has helped to further stunt the nation’s growth.

    How the nation reverses its current unenviable electoral fortune may well be found in the views of three eminent jurists – former Chief Justice of Nigeria (CJN) Justice Mohammed Uwais, the incumbent CJN, Justice Aloma Mukhtar and the Administrator, National Judicial Institute (NJI), Justice Umaru Eri.

    At an event in Abuja last week, they stressed the need for the country to get its electoral process right.

    Justice Uwais said the country’s inability to achieve a rancour free electoral process was capable of serving as a good excuse for foreign capital flight and a disincentive to foreign investment.

    He suggested that rather than encouraging the culture of a do-or-die election and its attendant post election litigation, everyone including the political parties, politicians, media, youths, women and the civil society must collaborate to ensure electoral peace.

    He said the context and nature of violence defining elections in most parts of Africa was simply beyond what could be addressed by the Electoral Commission only.

    Justice Uwais added: “elections are not only expected to allow for political competition and participation, but more importantly, permit peaceful change of power. Therefore, when elections become defined by violence, it is not a good sign. It is bad for the legitimacy of governance.

    “It is a good excuse for foreign capital flight and a disincentive to foreign investment. Perhaps, more importantly, it is a sad commentary or dent on the political class and its cultural understanding of power.”

    Justice Mukhtar underscored the importance of free and fair elections in every democracy and contended that democratic elections require more than transparency and accurately counting ballot papers on Election Day.

    She noted that free and fair elections are the cornerstone of every democracy and the primary mechanism for the people to exercise their franchise.

    Justice Mukhtar was of the opinion that the practice of democracy requires the establishment of effective and functional democratic institutions.

    These, she said, include “an independent judiciary, a vibrant legislature, law abiding Executive, independent electoral umpire and honest political parties. Other institutions include efficient security agencies, public spirited civil society organisations.”

    Justice Mukhtar, who was represented by Justice Ibrahim Tanko Mohammed, said the successful entrenchment of an efficient and effective electoral dispute resolution mechanism was one of the core components of peaceful and credible elections.

    Justice Eri in highlighting how the bench could contribute to the realisation of a dependable electoral process, said it was the responsibility of members of the bench to adjudicate on the validity of an election.

    “The Judge must ensure that justice is done. He must give effective remedy to the person whose rights and freedom have been breached. We must sustain confidence in the judicial system.

    “The system must ensure that people, especially aggrieved parties, are assured that electoral tribunals are independent and that they determine petitions based on factual evidence and sound legal principles.”

    They spoke at the opening of a stakeholders meeting on Alternative Dispute Resolution (ADR), facilitated by the NJI, with the theme: “Towards zero violence in African elections: The bar, the bench and the civil society as drivers of peace.”

     

     

     

     

  • Anambra poll: Court grants detained INEC official bail

    A Magistrates’ Court in Wuse Zone 2, Abuja, on Monday granted bail to an official of the Independent National Electoral Commission (INEC), Chukwujekwu Okeke, being held over alleged misconduct during November 16 governorship election in Anambra State.

    Okeke (54 years) served as the Electoral Officer for Idemili North Local Government Area during the election.

    He was arraigned on November 25 by the police on a one count charge of dereliction of duty contrary to Section 123 (1) (2) and (3) of the Electoral Act, 2010.

    Despite opposition by the prosecution lawyer, Stanley Nwodo, Chief Magistrate Usman Shuaibu granted bail to the accused person.

    The court ordered that Okeke should be allowed on bail at N3million with one surety at the same amount.

    The surety, the court said, must be a level 15 civil servant, resident in Abuja.

    The court also ordered Okeke to report, on every work day, between 10 am and 2pm, at the Force Criminal Investigation Department (FCID), where his case is being investigated.

    He is to report at the FCID until the police complete its investigation.

    Further hearing has been fixed for January 8 next year.

     

     

  • Anambra supplementary election flops

    Anambra supplementary election flops

    •As apathy mars exercise

    •APGA’s Obiano in the lead

    The Independent National Electoral Commission (INEC) yesterday went ahead with the controversial supplementary governorship election in 16 local government areas of Anambra State but had to contend with mostly empty polling booths.

    It was not only the All Progressives Congress (APC), Peoples Democratic Party (PDP) and Labour Party (LP) that boycotted the election as their candidates had warned, a majority of the voters also did.

    However, INEC procee-ded with the collation of the results last night at the close of voting.

    Chief Willie Obiano of APGA who had the entire electoral field to himself was at press time in the lead, according to the Returning Officer, Professor James Epoke, who is also the Vice-Chancellor of the University of Calabar.

    Earlier in the day,the restriction of vehicular and human movement ordered by the law enforcement agencies during the election went largely ignored.

    People went about their business as they would on any other day. Markets, shops and stores were opened all day.

    Across Idemili North and South Local Government areas in particular, strongholds of the APC candidate, Dr. Chris Ngige, it was business as usual for the residents.

    Youths spent much of the time playing street football.

    Only a few people turned up to vote in the election with officials and agents of the All Progressives Grand Alliance (APGA), having the field to themselves especially in such areas Esther Obiakor Estate in Agu-Awka, Awka South Council Area and Agbaja 1 in Abatete, Idemili North Council Area.

    The state chairman of the Peoples Democratic Party (PDP), Prince Ken Emeakayi, acknowledged the poor turnout of voters and wondered why INEC allowed the APGA candidate, Chief Willie Obiano, to participate in the election despite the allegation that he registered more than once in violation of the Electoral Act.

    He told reporters that PDP has already gone to court to challenge that action.

    The Rivers State Resident Electoral Commissioner, Aniedi Ikoiwak, who supervised Onitsha North and South during yesterday’s election, decried the low turnout of voters.

    But Emeka Iloduba, who was at Nkpor Uno Isingwu, told The Nation that the apathy was programmed by the Federal Government and INEC to make it easy for the APGA candidate.

    At Ugbenu in Awka North Council Area, accreditation of the voters had not started as at 9.10am as INEC materials had not arrived despite sharing the items Friday evening.

    The 16 local government areas where INEC had scheduled supplementary elections in some units were Aguata, Awka North, Awka South, Anambra East, Anambra West, Ayamelum, Anaocha, Ekwusigo, Idemili North, Idemili South.

    Others were Ihiala, Nnewi South, Onitsha North, Onitsha South, Orumba North and Oyi.

    Anambra State Commissioner for Youth and Sports, Edozie Aroh who was seen with policemen told The Nation that everything was going on well.

    Accreditation began at 8am in some of the centres, while voting started between 12 and 2.15pm.

    The election was originally scheduled for November 16 but ended up being characterised by massive disorganisation and fraud.

    The APC, PDP and LP candidates protested the conduct of the election and called for its cancellation.

    Although INEC admitted irregularities, it said they were not enough to cause the cancellation of the election.

    It said the best it could do was to conduct a supplementary election which took place yesterday.

    According to the News Agency of Nigeria (NAN) voters apathy trailed the supplementary election in some parts of Onitsha metropolis.

    A NAN correspondent who monitored the exercise in polling units in Ward 6 in Onitsha South Local Government Area and a polling unit in Ward 9 in Onitsha North, reported that INEC was fully prepared for the exercise.

    It was gathered that election materials and INEC personnel arrived at the various polling booths as early as 7 a.m. while sensitive electoral materials were also available.

    However, the electorate were not interested as most residents had decided to go to their daily businesses.

    There was a large number of security personnel at each polling booth, which, in some cases, out-numbered the voters who turned out.

    Mr. Chidi Okereke, a resident of Zik Avenue in Fegge, said that the materials, INEC main and ad hoc staff, as well as security agencies were in place as early as 7a.m.

    Okereke, who is a member of Fegge Community Police Public Relations Committee, said that the mass movement of residents out of Fegge hindered the conduct of the polls.

    “Although you cannot blame the people because having sacrificed some days for the election, they did not see reasons for the cancellation (postponement) of the result in the first place,” he said.

    “This is one of the areas in Anambra State where people turn-out en mass to vote during election but this today’s development is unlike this area,” Nwokabia, who is a Chief Orientation and Mobilisation Officer in NOA, said.

    He said that the number of security-men on ground was okay,.

    “Honestly, there is no amount of money spent on security that is ever a waste.”

    Prince Edward Okosi, Chairman of Onitsha North Caretaker Committee, told NAN at the polling booth 4 in Ward 9, that he believed that more people would see the need to turn out for the election.

    “The leaders of thought in the neighbourhood had gone ahead to create the awareness about the exercise among their people,” Okosi said.

    The restriction of movement was not effective in Idemili North Local Government area as residents operated their business activities.

    It was observed that most of the markets opened for business while vehicular movements were visible even with the presence of security personnel on the roads.

    An INEC official, Mr Edo Kelo, said there was poor turnout in the polling units, but he still expected more people before the close of accreditation at 12.00 p.m.

    At Nkpor Uno in Isingwu village, with 3 polling units of 983 registered voters, only 30 were accredited.

    Mr Emeka Ilodiuba, a voter, expressed dissatisfaction at the low turnout of voters, stressing that the withdrawal of some candidates might have caused the situation.

    Mrs Victoria Ibenegbu, another voter, expressed happiness about the peaceful conduct of the exercise.

    The polls are being conducted in 210 polling units in 16 out of 21 local government areas of the state.

    The 16 local government areas where INEC is conducting the supplementary election are Aguata, Awka North, Awka South, Anambra East, Anambra West, Ayamelum, Anaocha, Ekwusigo, Idemili North and Idemili South.

    Others are Ihiala, Nnewi South, Onitsha North, Onitsha South, Orumba North and Oyi.

     

  • Anambra poll: Why we protested, by Buhari

    Anambra poll: Why we protested, by Buhari

    Former military ruler, Gen. Muhammadu Buhari, says the leaders of the All Progressives Congress (APC) marched on the Independent National Electoral Commission (INEC) on Thursday to underscore the need for justice for all Nigerians.

    The march, according to him, was also to drive home the point to those in charge to be courageous to punish those who made mistakes in the November 16 Anambra Governorship Election.

    Buhari who spoke during a reception in honour of Oluwaseyi Tinubu, son of a National Leader of APC, Asiwaju Bola Tinubu, in Abuja, said that although he was advised against participating in the protest, he ignored the advice because he was on a familiar ground..

    The gathering was organized to mark the call to the Nigerian Bar of the younger Tinubu.

    The ex-Head of State said that was the third time he would participate in such a protest against electoral malpractice.

    He said he was happy that the Nigerian elite are just realizing that Nigeria is in trouble if it could not conduct free and fair elections.

    Buhari said: “What we did on Thursday to get into that bolekaja (lorry), which I believe would not cost much even if it was smashed by the police or the military, was to ensure justice. We wanted to ensure that those who made mistakes are properly punished, those who have not made mistakes are freed and they resume their lives.

    “It was a very shrewd decision to get such an old vehicle and pack us inside it. I was advised by some of my colleagues not to be there. Maybe they thought the police would shoot us and I believe the police were much wiser, that shooting would not have stopped us. We congratulate them for showing some restraints.

    “But those who advised me not to go, I knew they were sincere. I did not tell them that I would not take their advice. But I did not take their advice because if they reflected this was the third time I was out like that.”

    He recalled the first occasion when the late Dr. Chuba Okadigbo was tear-gassed.

    “I think it must be a toxic one and he had respiratory problem and he never recovered. The late Okadigbo never recovered. I consulted the party (the defunct ANPP) and we wanted to go to court but the family said no and they left it to God. We left it to God.

    “The second time if you could recall, myself, the late Chukwuemeka Odumegu-Ojukwu, Tunde Braithwaite and a few of them were tear-gassed here in Abuja. So this is the third time I was out.

    “So, those who advised me showed a lot of fear but I said well this is a well known ground for me, I will go again. So I went and I got off lightly. ”

    Turning to the guest of honour, Buhari said: “You have taken a profession where what we believe in social justice, your profession is a leader – the law – to make sure that those who made mistakes are properly punished, those who have not made mistakes are freed and they resume their lives.

    “From now, whatever you do or say, once they mention Bola Tinubu you are exposed. So you have to be watching your back all the time that you must not only keep the honour of the profession but the honour of your family and the background.”

    A former Speaker of the House of Representatives, Alhaji Aminu Bello Masari, who also took part in the rally, said the action was taken to make Nigeria better.

    Governor Raji Fasola of Lagos State said the responsibility of being a lawyer requires a lot of discipline.

    He said: “From today you have become our noble and learned friend no matter how old we are but it comes with a lot of responsibilities. The responsibility to continue to remain noble and the responsibility to also continue to remain learned. It is going to continue to require a lot of discipline and it is not discipline that would be imposed by mummy and daddy. That is easy discipline. It is going to come now from discipline that is most difficult to impose – self discipline.

    “Those were the words with which I was called to the Bar 25 years ago and those are words that I have found useful. I will lend them to you again tonight hoping that you will pass them on in about 25 years.”

    The Speaker of the House of Representatives, Alhaji Aminu Tambuwal, said: ” “You are from a noble family but you have just joined a noble profession. You are from a noble family what you have done is to continue to carry the torch – the torchbearer of a family that is noble. Sustain the good name of Asiwaju Bola Ahmed Tinubu who I am sure you know is a leader in this country worthy of his name.”

    Oluwaseyi, who was overwhelmed with tears while thanking all the guests, was later joined by his mother, Senator Oluremi Tinubu.

    The occasion was attended by the crème-de-la-crème of the society including the National Chairman of APC, Chief Bisi Akande; the National Secretary of APC, Alhaji Tijani Tumsah; a former Minister of FCT, Mallam Nasir el-Rufai; the National Publicity Secretary of APC, Alhaji Lai Mohammed; the Governor of Ogun State, Senator Ibikunle Amosun, who was represented by the Secretary to the State Government, Chief Taiwo Adeoluwa; Senator Gbenga Ashafa, Alhaji Mutiu Are, a former Commissioner for Finance in Lagos State.

    Others are Mr. Wale Edun; Senator Gbenga Obadara; Senator Domingo Obende; a former member of the House of Representatives, Dino Melaye; the Chairman of the House of Representatives Committee on the Diaspora, Abike Dabiri-Erewa; Mr. Jimi Lawal; Olusegun Gboyega, Prince Olusegun Bada, and Dare Art Alade, among others.

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  • Supplementary poll: INEC announces movement restriction in Anambra

    The Independent National Electoral Commission (INEC) has announced the restriction on human and vehicular movements in two local government areas of Anambra State during Saturday’s supplementary governorship election.

    A statement from the Resident Electoral Commissioner in the state, Prof. Chukwuemeka Onukaogu, in Awka on Friday named the local governments as Idemili North and Onitsha South.

    It also said the restriction would begin at midnight on Friday and end at 6pm on Saturday.

    According to the statement, the restriction was to ensure a successful and peaceful conduct of the supplementary election.

    It warned travellers passing through the state to find alternative routes during the period.

    The statement also warned politicians and other individuals not to move about with security officials and appealed for total compliance with the directive.

    It warned that “anybody who flouts this order will be arrested and prosecuted.

    “These measures are geared toward a hitch-free conduct of election in the state on the aforementioned dates.”

    The News Agency of Nigeria (NAN) reports that the supplementary election will take place in 210 polling units in the state.

     

     

  • We have lost confidence in INEC, says APC

    We have lost confidence in INEC, says APC

    The All Progressives Congress (APC) yesterday said it has lost confidence in the Independent National Electoral Commission (INEC).

    It also made a six-point demand, including the cancellation of the November 16 governorship election in Anambra State.

    The APC likened the flawed Anambra poll as a coup d’etat against Nigerians.

    It expressed regrets that the nation was treading the path of political experiments which led to the collapse of the First and Second Republics.

    It asked for the removal of the Anambra State Resident Electoral Commissioner, Prof. Chukwuemeka Onukogu.

    The party made its position known in a 28th November 2013 letter to the Chairman of INEC, Prof. Attahiru Jega, which it delivered to the commission yesterday.

    The letter was delivered by the National Secretary of APC, Alhaji Tijani Tumsah, and acknowledged in the Office of the Chairman of INEC.

    The party said it suspected a conspiracy between INEC and the PDP and the PDP faction of the All Progressive Grand Alliance (APGA) to rig the poll.

    The letter said: “The observed flaws in the election were deliberately planned as a strategic conspiracy of the Independent National Electoral Commission (INEC) and the Peoples Democratic Party (PDP) to rig the Anambra governorship election in favour of their surrogate party, the PDP faction of the All Progressive Grand Alliance (APGA).

    “With your acknowledgement of these far-reaching vitiating factors, you’re grandstanding to uphold the outcome of the flawed election and your haste to conduct what you call a supplementary election, without first correcting the innate flaws in the electoral process is unacceptable.

    “We have lost confidence in the ability of INEC as it stands today to organise a free, fair and transparent election anywhere in Nigeria, if the Anambra style is repeated.”

    The party tabled six demands before INEC, including the cancellation of the Anambra governorship poll.

    The demands are:

    •outright cancellation of the Anambra Election, having been marred by serious irregularities and non-compliance with the Electoral Act;

    •INEC should discard the present fake multiple voters register and produce one authentic voters register that will not disenfranchise any voter and be published 30 days before any election can take place in Anambra State;

    •suspension and prosecution of all officials of the commission who have ever been indicted for electoral perfidy to purge the commission of such compromised officials;

    •immediate redeployment and investigation of Onukogu;

    •we, as a party, we demand honesty and transparency! If our requests above are not acceded, it will confirm that Independent National Electoral Commission (INEC) is deliberately by either gross incompetence or more suspicious means) interfering in democracy; and

    • cancellation of the manipulated November 16th Gubernatorial election in Anambra State.

    The APC supported its demands with a comprehensive analysis of the governorship election and how things went wrong.

    The letter said: “The above subject refers. On the16th November 2013, the good people of Anambra State woke up with great aspiration and expectation to cast their votes to elect a new Governor for the state.

    “Prior to the date for the Election, the ominous signs of an election that was pre-determined to favour specific interests against the run of the electorate support were already clear. When our great party, the All Progressives Congress (APC), noticed these foreboding signs, we immediately drew the attention of the electoral umpire and the whole world to them.

    “The issues, which our party complained about through official correspondences and various press releases, are several.

    These include:

    •The unholy conspiracy between the electoral umpire (INEC) and the Presidency/PDP to rig the election in favor of APGA.

    •Mass disenfranchisement of voters through use of multiple voters registers.

    •Deliberate delay in the distribution of electoral materials in the opposition strongholds.

    •The disappearance of electoral officials and result sheets meant for opposition strongholds.

    •The sudden creation of about 3,000 voting units, of which our polling agents did not receive tags.

    •The unconstitutional 22-hour curfew, which was a ploy to give the riggers the leeway to actualise their rigging plans while the vigilance of the electorate was inhibited by the curfew already in place.

    •The unlawful deployment and use of the military during election and purely civil activities. Our complaint about the Anambra Resident Electoral Commissioner, Prof. Chukwuemeka Onukogu and other Federal Commissioners who had proven to be biased through his conduct in previous elections.

    “Despite INEC getting information of our complaints, we were doubly assured that our fears were founded. The elections that were superintended over by your commission was grossly below any acceptable standard, whether local or international. The deliberate tactic to prevent democracy and serve the two parties’ interests, PDP and particularly APGA in this case cannot be democratic and in the voters’ interest.

    “And the only face saving decision for you and your commission in this circumstance is to cancel the charade, which you want to reinforce of the electorate as a credible election.”

    The APC likened the flawed Anambra poll to a coup d’etat against Nigerians.

    It explained that the protest became necessary because to keep quiet would be dangerous.

    The letter added: “We cannot gloat over the dangerous signs and the gathering storms that portend a coup d’etat against the yearnings and aspirations of our people.

    “The reasons why we cannot accept this infamy of your commission as regards the Anambra election are as follows.

    “The manipulation of the October 12th Delta Central Senatorial District by- election. The refusal of INEC to conclude the election started since July 29th 2013 in the re-run election to the Imo State of Assembly in Oguta, in spite of the fact that there was a clear winner.

    “The abnormality displayed in the State House of Assembly by-election in Ringim Constituency of Jigawa State. The danger that the shenanigans, the conspiracy and the subversion of the will of the people signifies to our democracy.

    “The question our generations’ yet unborn will ask and their judgment if we refuse to do what is right to arrest the drift of our nation to the straits of destruction which have dire consequence for our people.

    “A flashback into our political history has revealed that the subversion of the will of the people has always ended in a catastrophe for our nation, thereby drawing back our quest for development.

    “The collapse of the First and Second Republics political experiments is pointer to the dangerous path we are treading once again.

    “We, in the All Progressives Congress (APC) cannot be cowed, for this is a time that calls for all brave men and women to rise to the desperate call of the silent majority to rescue our nation from the assured perdition of a PDP led government at the Federal level.

    “If you recall, the 2011 National Assembly Elections were cancelled due to the failure of your commission to achieve the right parameters for a credible election. Our position is that if you could cancel an election that has already commenced and voting was ongoing due to flaws in that electoral process, your assertion that you do not have the authority to cancel an election that you have acknowledged as flawed and “messed up and sabotaged” cannot be sustained.”