By Alabi Williams
Year 2023 began with a lot of trepidation over the general elections. Nothing seemed very sure, especially as the ruling party, the All Progressives Congress (APC), prevaricated on its choices. That caused them to resort to self-help at different levels. In all, new experiences emerged and suggestions are being canvassed on how to raise the integrity bar in the next elections.
The three off-cycle elections in Kogi, Imo and Bayelsa have also come and gone. Off course, there will be disputations at the tribunals on how the playing-ground was tampered with to make it cumbersome for some players. Some take-aways have emerged to further the conversation on the precarious nature of this democracy. For some, there were no elections in many places and the exercise was a bug joke. For others, it is the smart politicians that took the day.
And that’s the sore point about this troubled democracy. Elections
should not be about smart politicians but a reliable and dependable process.
Once the process is rigged and the weaker stakeholders are coerced to accept
whatever is declared by a compromised umpire, the system will surely pay for
the deficit. The infractions are too many and they’re just piling up for
judgment day, if politicians refuse to renew their minds and reform the system.
First, former President Goodluck Jonathan raised the issue of
off-season elections as practiced in the country as an aberration and not the
standard in any civilized democratic system. Since leaving office, the man has
witnessed elections in other African countries and elsewhere, and his
experience should be of use at home. He was concerned that if the resort to the
judiciary to reorder voters’ choices and impose winners is not restrained, a
time would come when even the presidential election would fall into off-season.
For instance, if there is a court-ordered deadlock requiring a
re-run, recounting or outright displacement from office, the swearing-in of the
eventual winner could happen off-cycle, thus rendering the previous May 29
ceremony null, void and waste of resources.
His words: “It is very odd, it’s not a global best practice. A
country can elect its people at different times, like the American election and
in some countries. They may not elect everybody at the same time but the only
time they go on to conduct elections, they elect everybody that is supposed to
be elected.
“If we continue with this trend of off-season elections based on
the interpretation by a judicial officer, it will come to a time when the
presidential election in Nigeria may be conducted off-season.”
President Jonathan illustrated with the 2007 presidential
election, won by Umaru Yar’Adua and himself, which was challenged at the tribunal.
At the Supreme Court, seven justices heard the appeal of the opposition, out of
whom three voted for annulment and four upheld the ruling of the presidential
election tribunal.
Jonathan added: “If one of them (judges) had crossed over, by now,
the presidential election would have been off-season.”
And that’s the plain truth. But maybe we have to thank the Supreme
Court of today for refusing to be revolutionary. Because of their careful,
shall we say conservative nature, we’re having all justices act in concert over
matters that should ordinarily stimulate rigorous jurisprudential discourse and
dissent.
The judiciary has now taken a central place in the electoral
system and future reforms of the processes should appraise whether it is the
judiciary or the Nigerian voters that should be the ultimate decider of how
winners emerge at elections. It becomes a bit of a problem when the judiciary
is entrenched in the belief that other opinions don’t matter, irrespective of
how evidence-based such are.
Currently, eight states are trapped in the web of off-cycle
elections. They are Anambra, Bayelsa, Kogi, Edo, Ondo, Ekiti, Osun and Imo. It
all began in 2006 when Peter Obi, who contested the 2003 governorship election,
was sworn into office after a protracted legal tussle, to displace Chris Ngige
of the Peoples Democratic Party (PDP), who had been fraudulently installed by a
handful of kingmakers.
Obi was of the All Progressives Grand Alliance (APGA). The rest
states have followed same trend as tribunals overruled faulty elections and
sacked purported winners. There could be some addition as the tribunals deliver
judgment in some critical states. Pray they are not teleguided by forces and
interests outside what’s lawful and noble.
Off-cycle elections have thus become home-grown and serve as a
breather for the Independent National Electoral Commission (INEC). The umpire
thinks holding general elections in 36 states, alongside Presidential and
National Assembly is a yoke. It has now settled for off-cycle elections as a
tradition, to which it looks forward with glee and no sense of guilt. There is
now one governorship election every year, with huge financial consequences.
In terms of expenditures, off-cycle elections are now a burden to
an ailing economy. The sum that purportedly went into the three off-cycle
elections, N18billion as reported, could be put to better use. The three
elections could have been accommodated in the budget for the 2023 general
elections.
INEC told Nigerians that it prepared for the possibility of a
run-off in the presidential election, meaning that it stored enough materials,
which could have been deployed to Kogi, Imo and Bayelsa. In the event that
there was no run-off or re-run, it then meant that excess ballot materials are
lying waste in INEC facilities. And because they were tailor-made for specific
use, they could not be deployed elsewhere. It’s more frustrating that the
details of disbursements at INEC are never unbundled for citizens to critique.
The shortcut to reducing the baggage of off-cycle elections had
been proposed in the report submitted by the Justice Uwais-led Electoral Reform
Committee (ERC). It recommended that all election disputes should be put to
rest before swearing in of actual winners.
If the National Assembly partners INEC to adjust the sequence of
election activities, as suggested by Jonathan, tribunals could have adequate
legroom to discharge petitions promptly before May 29.
Time allotted for election activities is one full year, beginning
with publication of notice of election in February, terminating in elections in
February/March of the following year. In between, parties are expected to
conduct primaries between April and early June. One month is enough for any
serious party to hold primaries and have candidates ready for election.
Unfortunately, parties are reluctant to comply with deadlines
because they lack discipline and deft organisation. They take advantage of
INEC’s weakness to enforce own rules as it yields to pressures engineered by
big parties, but marketed by small parties. It was the coalition of smaller and
idle parties called IPAC that pushed for extension of the deadline set for
primaries after the window closed on June 3, 2022. The APC failed to comply
with the deadline because it could not put its house in order.
Adjustments
could also be made to the time allotted for submission of relevant forms by
candidates. One week can take care of that since it is done online. Publication
of details of candidates (EC9) by INEC can be done within one week. The luxury
of time given to parties to withdraw and replace candidates is needless and
wasteful. Candidates that win primaries should be allowed to run for elections.
That window for replacement is fraudulent and that is where parties invent
fraud, the most bizarre of which was the placeholder anomaly.
The implication is that between June 9 and September 20, parties
continue to delete and add names of persons who did not contest primaries.
There is still another dubious window left open by INEC, which is the
publication of final list of ‘nominated’ candidates, which lingers till October
4 for Governorship and State Assembly, and September 28 for Presidential and
National Assembly.
Clearly,
nothing serious and intelligent happens between the period between primaries in
early June and the final presentation of candidates by INEC in October, apart
from allowing parties to manipulate their candidates’ lists.
It is this wasted space that is misused to cause a lot of chaos in
the list submitted to INEC and the reason many pre-election cases are allowed
to overwhelm the courts. That cannot be allowed in a serious country. INEC has
got to be precise and prudent in the over-indulgence it permits in the name of
election timetable.
The law has to be amended to cut down waste, reduce needless
pre-election petitions and allow tribunals reasonable time for very minimal
interventions within one election year. That cannot be rocket science.
Campaign period is also too long, from October to
December/January. There are really no serious campaigns, just avenues to
globetrot and buy delegates. Instead of going round states, serious parties can
make geo-political appearances, while governors, national and statesassembly
candidates comb the states. At the end of the day, whatever monies expended on
campaigns have to be largely recovered from public purse, where they were
pilfered in the first place.
Adjusting the tedious timetable will help INEC gain a firm hold on
its activities and cut to size parties’ capacity for mischief. That can cut
election litigation by far more than half. It begins with the umpire refusing
to bend the rules and insisting that parties adhere strictly to outcomes of
their primaries.
One area that INEC can improve upon is the judicious use of its
power of review before rushing to declare winners. In the Imo, Kogi and Bayelsa
off-cycle elections, just as in the presidential election of February, INEC
appeared to be in a colluding haste to announce winners rather than attend
exhaustively to genuine complaints from field agents.
Rather than leave parties and candidates with the rude and unkind
rebuke to ‘go to courts’, where they’re likely to face more unsmiling referees,
the election umpire can be sufficiently thorough, such that those who lose are
seen to lose fairly.
The desperation in Kogi, Imo was unprecedented. Bayelsa’s seemed
mild. Nothing to applaud, plain dysfunctionality!
*Williams
is a commentator on public issues
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