With such challenges as massive disenfranchisement, vote-buying, ballot box stuffing, violence and the obnoxious phrase of “inconclusive election” which have attended elections conducted in some parts of the country in recent times, a more detailed tinkering with the electoral laws was indeed more than just an urgent national imperative. To which end, the inauguration on Tuesday, of the 24-man panel headed by former Senate President, Ken Nnamani, to review the 2012 Electoral Act was a positive indication of President Buhari’s commitment to deepen Nigeria’s democracy, while entrenching the culture of an enduring electoral system. Elections after all, should reflect the desire of voters; it should not be a “do-or-die” affair as some have hinted.
Installing the committee, the Minister of Justice and Attorney General of the Federation, Abubakar Malami, said it was one of the promises made by President Buhari upon his inauguration. According to Malami, Nigeria’s recent history of electoral practice and the challenges of managing elections require far-reaching measures to build consensus among stakeholders to institutionalize critical reforms. He charged members to seek possible amendments that would facilitate a generally acceptable electoral system in the country. “It is my expectation that this committee will look into the possible amendments to the Constitution and the electoral act, as well as other legal instruments concerning elections to facilitate the attainment of a more robust and generally acceptable electoral system,” said Malami.
Responding, Chairman Ken Nnamani said: “If we get our laws correct and appropriate, there will be a reduction in violence, particularly with regard to our elections. We understand the task ahead because what makes the difference between free and fair elections has something to do with the Electoral Act itself.” The committee’s terms of reference include laws impacting elections, such as the relevant provisions of the Constitution and the Electoral Act. They also include a review of judicial decisions on election petitions as they relate to conflicting judgments, absence of consequential orders, delay in the issuance of certified true copies of judgements as well as harmonization of the electoral act with a view to enhancing the electoral process. The panel is expected to submit a report of its recommendations for reforms and draft clauses and provisions to be proposed for legislative action within 10 weeks.
There is no doubt the country has gone through troubled times especially in conducting free and fair elections devoid of avoidable obstacles and violence. In the just concluded Edo gubernatorial elections, adjudged to have been largely peaceful, the Transition Monitoring Group (TMG) reported complaints about inducement of voters with cash. “We condemn the pathetic, sorrowful and ignoble act as it is our considered view that when people sell their votes, they become slaves to those who bought it, they surrender their power and strength as citizens and they are robbed of the moral right to hold the politicians accountable or question any wrong doing by the politicians,” the statement read in part, adding: “voters should freely exercise their franchise without undue interference or inducement by the politicians. Votes should be based on trust on the candidates to deliver on electoral promises and party manifestoes rather than how much money a political party or candidate can offer on Election Day.”
Before Edo, the Independent National Electoral Commission (INEC) had problems in Kogi where it ran into a legal dilemma following the death of the frontline gubernatorial candidate, Abubakar Audu, while the elections were almost concluded and Audu was poised to win. Besides, there was violence resulting in destruction of INEC offices in Kogi. Also, INEC ran into a hitch with the inconclusive rerun elections in Rivers on March 19, 2016 where civil society leaders reported other obstacles, including violence and opposition to the use of card reader machine. These problems were such that INEC’s leadership had to admit that the commission is challenged by the resurgence of violence and sundry related problems as a result of the clumsy conduct of elections in the country.
Given the foregoing, a priority area for reform would be to empower INEC and other relevant bodies to deal with perpetrators of serious election offences. There has been an obvious lack of sanctions for perpetrators of electoral offences and campaign financing is not only very expensive, it is rooted in corruption. Also, there is the odious and legally-induced contradiction in which fraudulently elected governors and legislators find themselves in the exalted state offices before the resolution of the attendant legal tussle. These must be the subjects of electoral reform.
Also on the amendment radar are the gaps in the electoral laws as manifested in the recent decisions of the Supreme Court on election petitions in ways that would ensure a level playing field for all candidates seeking elective office, and guarantee them all democratic rights and freedoms as enshrined in the Constitution. It is, indeed, necessary to amend the nation’s laws as the country confronts varying anti-democratic practices in its electoral process. There should be improved communication between INEC and other election stakeholder; and a more effective synergy between INEC and security agencies to avert the new ugly narrative that led to the postponement of the Edo election.
Beyond the corruption, intimidation and harassment, there is still the enduring absence of internal democracy in the political parties. Because the system is populated by too many political touts and rogues, the situation is so bad that there is hardly any candidate who has emerged through free and fair primaries. A ruling party like the APC championing electoral reform should, however, purge itself of bias. But the two major political parties in Nigeria today are run exclusive of many patriotic, interested and qualified individuals and they are like cult groups open only to certain categories of Nigerians with the physical and financial means to dare.
Elective positions must not be reserved only for the highest bidders who turn out to be parasites on the economy. This calls for a new orientation for citizens to appreciate that their elective offices should only be given to performers or the best their constituency can offer. With over three years left for many of the elected officials, regular orientation is needed to keep them inculcated with democratic values. In fact, politicians should be given training in decorum and other democratic ethos.
While it is important to reiterate that reform of the electoral laws is desirable, the committee should conduct its business in a non-partisan manner as they review the targeted clauses for reforms. This is for integrity and transparency to drive the electoral laws along the path of global best practices. It is the only way to fulfill the president’s intention as indicated by the AGF, which is to create a level playing field so that elections could be organized and all parties and candidates enjoy the democratic rights and freedoms contained in the constitution, including the rights of freedom of speech, assembly, and movement. Credible election is the key to Nigeria’s greatness despite the various challenges confronting the country. If democracy can be entrenched through the principle of one man one vote, all the problems confronting Nigeria shall be a thing of the past.
