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Delayed Senatorial Reruns and INEC’s Partisan Conspiracy – By Nwobodo Chidiebere

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The political history of Nigerian democracy cannot be complete without outlining auspicious roles being played by the electoral umpire–Independent National Electoral Commission (INEC), to accelerate the nation’s fledgling democracy. In fact, Nigeria joined highly respected democracies of this world, with democratic ethos and values as a result of INEC’s capability to conduct free, fair and credible elections, which came to international recognition under then visionary and pragmatic leadership of Professor Attahiru Jega.

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Prof Jega’s INEC held Court pronouncements and judgements to its high esteem, and precisely obeyed them. Court-ordered rerun elections under this trail blazer never exceeded 90 days before being conducted and concluded without running into logjam of inconclusiveness, though Prof Jega’s landmark success as INEC boss cannot be unconnected with former President Goodluck Jonathan’s democratic characters, which culminated into ensuring total independence for INEC.

Ever since present INEC leadership came on board, Prof Jega’s hard-earned legacies in INEC are grossly and speedily being battered by undemocratic, biased and partisan actions and inactions of INEC authority led by Prof Mahmud Yakubu. The recent elections organised by the commission are nothing to write home about. Frequent, unjustifiable and inconclusive end of almost all the fresh and court-ordered rerun elections points to one assumptive direction—incompetence, and partisanship on the part of the supposed independent umpire. The crass impunity and biasedness exhibited by the commission so far, has left tongue wagging and Nigeria’s belligerent democracy, blatantly exposed to elements of dictatorship and anarchism, thereby making current democratic dispensation  an endangered phase.

What brought INEC’s conspiracy against our young democracy to limelight is its unfolding partisanship and deliberate delay in conclusion of all the court-ordered reruns across some geo-political zones. It is no longer news that millions of Nigerians spread across Rivers South-West, Rivers East, Rivers South-East, Anambra Central, Imo North and Kogi East senatorial zones, are left without representatives in the Red Chamber for almost five months and running, as a result of INEC’s inability to conduct elections for respective senatorial ones and federal constituencies. The most striking aspect of the unholy political script being played out by INEC is that, those Senatorial zones were hitherto occupied by opposition party, the PDP Senators.

For purpose of clarity, Court of Appeal Election Tribunal sitting in Abuja had on 10th and 11th December, 2015, respectively nullified the elections of three Rivers Senators: Osinakachukwu Idoezu (Rivers South-West), John Olaka            -Nwogo (Rivers South-East) and George Thompson Sekibo (Rivers East), and ordered INEC to conduct rerun elections in the affected zones within 90 days. The 90 days ordered by Appellate court expired on 10th and 11th of March 2016. In same vain, nine House of Representatives members out of 13 from Rivers State, whose elections were set aside by same Court of Appeal on 12th December 2015, and ordered rerun within 90 days. Like others, the 90 days expired on 12th March 2016.

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In Imo North Senatorial zone, the election that brought Senator Achonu Nneji was nullified on 11th December 2015, by Court of Appeal, Owerri Division and consequently ordered INEC to conduct a rerun within 90 days. The 90 days’ timeline given to INEC by the Appellate Court, which was derived from 1999 Constitution cum 2010 Electoral Act, elapsed on 11th of March 2016.

As regards Anambra Central Senatorial zone, Court of Appeal, Enugu Division, nullified Senator Uche Ekwunifie’s election on 6th of December 2015, and ordered a rerun for within 90 days. Unfortunately, court order expired on 6th March 2016, without any election coming forth thereby leaving Anambra State under-represented in the Senate. INEC went beyond its constitutional responsibility and powers, by disqualifying and barring candidates of certain political parties from being part of the election.

The aggrieved political party approached Federal High Court, Abuja, where it got a court order mandating INEC to include its candidate in the rerun election.  Instead of INEC retaining its roles as a plaintiff Party in a politically motivated and ill-conceived appellate suit, questioning the grounded decision of the Abuja Division of the Federal High Court on 1st March 2016, which rightly ordered the Commission to include wrongly, excluded parties and their candidates in the court-rerun. INEC absconded and defaulted on its bipartisan mandate as electoral referee, and even descended too low, by aligning with a political party just to frustrate another political party out of the race.

Kogi East Senatorial zone is left without a substantive senator for months, irrespective of the fact that the Appeal Court-ordered election is almost concluded, except for few polling units. The court ordered 90 days has expired, yet not a word has been heard from INEC in that regard. It is crystal clear that the only reason, why INEC is yet to finalise the election and declare triumphant candidate winner, is because the PDP candidate is leading with wide margin—which makes him presumptive Senator-elect of Kogi East.

The recent rerun election held in Rivers State, passed vote of no confidence on the electoral commission. For the first in the history of Nigerian democracy, INEC has refused to release, cancel, uphold or reschedule rerun for the yet-to-be-concluded local government areas in state. INEC has resorted to releasing election results by piecemeal against electoral guidelines. The entire three senatorial rerun elections of Rivers State are still outstanding, together with nine House of Representatives seats. The 90-day period given by Appeal Court has elapsed, yet INEC has not even fix date for conclusion of this election.

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Can INEC tell Nigerians where it derives this unconstitutional power to delay rerun elections outside Appeal Court stipulated 90 days?  One of INEC’s flimsy excuses has been that River State is not secured enough to guarantee peaceful electoral processes. If INEC under Prof Jega could supervise peaceful general elections in Bokoharam-ravaged states of Borno, Yobe and Adamawa, why won’t Prof Yakubu-led INEC conclude rerun election in only one state of Rivers? If Rivers State is too volatile for elections, what is stopping INEC from fixing date for rerun elections of Imo North, Anambra Central, and conclusion of rerun election of Kogi-East Senatorial zones?

According to propagation of conspiracy theorists, it is being eluded that INEC is acting out well-scripted plot of ruling the APC, just to decimate political interests of opposition, the PDP, especially in the Senate. The biased, undemocratic and unconstitutional; deliberate delay of rerun elections in PDP stronghold, cannot be unconnected with machinations of the APC leadership to remove Sen. Bukola Saraki as Senate President via on-going trial at the Code of Conduct Tribunal and install a puppet Senate President.

The groundswell and unreserved support of the PDP Senators, being enjoyed by Senate President Saraki, and capability of the PDP Senators to influence Sen. Saraki’s successor, based on its numerical strength, if he is eventually removed, and the ignoble roles of anti-Saraki forces, who are discreetly using INEC to keep numbers of PDP Senators down in case of election of new Senate President, is behind INEC’s unexplained, unsubstantiated and unconstitutional delay of rerun senatorial elections.

Controversial appointment of acting Clerk of National Assembly, Mohammed Sani-Omolori who happens to be a junior civil servant to Benedit Efeturi—serving Deputy Clerk of National Assembly and the dusts it has raised, all points towards desperation of dictatorial elements to control NASS at all cost. CNA’s role as electoral umpire in the event of electing new Senate President cannot be far from all these conspiracies.

It saddens my heart to state that, those who are bent on accomplishing their Saraki-must-go mission have succeeded in dragging critical government institutions into their political conquest—ranging from INEC to CCT to National Assembly Service Commission. INEC should note that, hitherto unwavering trust and confidence of Nigerians in the electoral commission, is being eroded. INEC’s partisan stand as regards delayed senatorial reruns has made more than 16 million Nigerians to be without representatives in the National Assembly, which is unconstitutional.

Nwobodo Chidiebere wrote from Abuja.

chidieberenwobodo@yahoo.com

 

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