The Need For Election Reform   In Nigeria

By

Akinwole Ogunlola, Esq.

Chicago, USA.

akinlaw05@yahoo.com

 

 

Addressing the Council on Foreign Relations Conference on Nigeria in 1998, Thomas R. Pickering, the under Secretary of State for Political Affairs, United States Department of State, said that “ enduring stability can come to Nigeria only from a representative government that is accountable to its citizens, respects their rights, and is guided by the rule of law”.

 

One can reasonably conclude therefore that an election that does not reflect the wishes of voters due to massive fraud and rigging, as well as emerging government from such hotly  and widely challenged election results as we currently  witnessed in the country cannot be said to be truly representative of Nigerians. Neither can it be said that the Nigerian political class respects the rights of Nigerians to freely choose their leaders, or is guided by the rule of law. Nigerian politicians generally have little or no respect for the verdict of the electorate as expressed at any given election, that they would stop at nothing to overturn election results through the instrumentality of legal technicalities or outright fraud.

 

Without any doubt, every investigation or election contest brings to light glaring irregularities, errors, misconduct on the part of our electoral officers, political parties or candidates, disregard of election laws or instructions, and downright fraud by the politicians and, or their agents.  The last election in the country, with its attendant petitions has certainly sparked debates about the need to reform our electoral system so that we can ensure in the very minimum, that declared election results reflect the wishes of the Nigerian voters.

 

While Election Petition refers to the laid down procedure for challenging the result of a controversial or disputed election, Election Reform on the other hand is the process for attempting to ensure acceptable and fairer elections. Although it could be argued that achieving perfect elections anywhere is impossible, the rate or wave of election petitions currently going on in Nigeria unarguably points to the fact that we must, as a matter of necessity reform our electoral system.

 

Today, several months after the general election, results of these elections are being challenged by many candidates that we continue to witness bitter political battles and legal struggles among competing parties and candidates on whom actually secured the mandate of the electorate or who should be declared true winner. One undesired consequence of protracted election dispute is that the people’s business and welfare remain neglected and unattended until the air of uncertainty clears away. Some greedy politicians may even seize the opportunity to hastily amass illegal wealth for themselves as all attention is focused on these endless election disputes. 

 

The need for election reform in the country becomes absolute necessity against the backdrop of massive election rigging by the politicians, well spread rejection of declared results by the people as well as loss of lives and property that usually go along with such election fraud.  More importantly, our electoral laws appear to be outdated and ill-equipped to adequately address these concerns that the very foundation of our democracy is seriously threatened. We must also discourage the Obasanjo’s “do or die election mentality” among the politicians. Politics should be about governance and service to the people, not desperate ambition of politicians who are bent on achieving victories at the polls by all means.

 

Towards this goal of election reform, Nigeria needs to put in place a democratic process that maintains accurate list of its citizens who are eligible to vote and one that also encourages every eligible voter to participate effectively in that process. There must be non partisan supervision of the elections by independent observers to attest to the fairness or lack thereof.  We also need to improve the voting system and enhance ballot security. We must improve the ballot paper design and better educate the voters while putting in place clear rules governing identification of these voters at all polling places. Most importantly, the political class must have respect for the rule of law while we must, as people reject the pervasive culture of corruption in our body polity and be prepared to hold our elected officers accountable for their actions.

 

Another important area where reform is required is limiting the time for election petitions in a fair and predictable manner. There must be constitutionally entrenched provision to hold Nigeria elections at a time certain and put all attendant disputes/petitions on a fast track towards prompt resolution. Specifically, all petitions must be concluded before the swearing-in ceremony is performed and oath of office taken.

 

This is very essential so as to avoid the repetition of the ugly situation witnessed in Anambra or Imo State between Andi Uba and Peter Obi. Uba was declared winner in the last election but due to existing legal battle on the ground in that state before Uba’s election or purported election, the Court ruled that the office of the former governor was not vacant in the first place, as a result of which Andi Uba could not be sworn in as governor and Peter Obi is ordered to complete the unexpired term of his governance. The effect of such ruling is to trump the election and deprive a newly elected candidate fruits and benefits of victory while the one with expired mandate is further imposed on the people. A way out of this is to put election petitions on a fast track towards resolution. We may provide in our Electoral laws for example:

 

(a) That all elections shall be conducted at least, six months to hand-over dates;

(b) All petitions to the tribunals must be concluded within two months after election results;

(c) Appeals must go from the tribunals (in cases of governors/senators) only to the Court of Appeal which must also render a decision within a month;

(d) Where applicable, the Supreme Court shall enter judgment in election petitions within 30 days of such petitions; and

(e) All election petitions/disputes shall, without exception be concluded at least 2 weeks before the constitutionally agreed date for handing over.

 

Political sovereignty lies with Nigerian people and their wishes must be respected at all time. Nigerian politicians must therefore learn to accept people’s verdict in good faith. Every contestant and every political party in the land cannot win a single seat at the same time. We must learn to lose graciously and be humble in victory as part of our political culture. The ongoing and entrenched political culture where even the most unpopular and “rejected” candidates at the polls want to remain in the news at all cost or frustrate the successful opponent by shouting “rigging”, “stolen mandate” etc in addition to filing frivolous election petitions must be discouraged.

 

This practice is so entrenched and worrisome that one begins to question the wisdom or rationale behind some of ongoing election petitions in Abuja. For instance, a candidate whose fate was not clear as to eligibility of contesting presidential election until few hours before the Election Day in addition to self -imposed temporary self-exile and “internet only” campaign (it should be remembered that less than 0.5 percent of the Nigerian electorate are computer literate, half of which do not even have power supply to access the internet) still believed that someone had stolen his mandate.

 

A critical area for reform should be to restrict or limit the ability of our lawmakers and the executive in passing laws that are simply calculated to elongate or extend their tenure in office. While no one disputes the constitutionally guaranteed power of our lawmakers to make laws for the country, the peculiarities of our society demand that some form of restrictions be placed on the timing and effect of any proposed fundamental change or amendment to the laws. For example, we must discourage a powerful president from manipulating the lawmakers through inducement, bribery, outright use of force or any other means into passing laws that would allow a third term bid.

 

It is not surprising that in a country as Nigeria, where over ninety-five percent of its millionaires made their wealth and billions from politics, government patronage or purported service to the people, the politicians become very reluctant from leaving power even at the end of their tenure while every other contestant is desperate to win and ready to kill or destroy an entire state to assume office. This sit-tight culture of our leaders has further led to uncertainty of political time-table and unpredictability in our democracy. Few weeks into the last election, the entire country was not sure of whether Obasanjo was truly committed  to handing over power due largely to his desire to run again for a third term. Towards this end, elections in Nigeria must be held on a fixed 4 year schedule and dates certain. This problem must be adequately addressed in any election reform we hope to adopt.

 

A constitutional solution to this problem in addition to the ongoing efforts of the EFCC in fighting corruption would be to agree that the two term limitation to holding elective office shall only be altered under very stringent and strict circumstances. In addition, it must be provided that a President, or Congress during whose tenure the “two-term limitation” provision is extended or amended, SHALL NOT be an immediate beneficiary of such amendment. Furthermore, such amendment cannot have a retroactive effect, and all the office holders during whose tenure the amendment is effected MUST wait out for a minimum period of eight years before becoming eligible to run for the same or another political office. This way, we would have ensured that such amendment, if passed, will not be for their immediate benefit only.

 

The Federal government of Umar Yar’Adua must be sincere in this quest for genuine election reform and must not masquerade naked politics as reforms.  Similarly, the clamor for electoral reform must not turn into political opportunism where sectional interests, rather than national ones are advanced. True electoral reform project must spark public dialogue and the government must develop and conduct public education program to increase level of awareness/participation among the general public.  The States of the federation must also be provided with necessary funds to improve election procedures in their states in addition to mandating them to put in place some photo identification procedure for the people of their states.

 

Although it is understandable for the present political leaders in Nigeria to be reluctant in effecting any true and meaningful election reforms, since they all came into office through the existing dysfunctional and easy- to- manipulate electoral system, it is submitted that only these and other honest reforms will enhance voters’ confidence in the electoral system and consequently, our fledging democracy.

 

 

* Akinwole Ogunlola is a U.S. based attorney