The principles of democracy include freedom, participation, fair and credible electoral process. What this means is that at any moment elections are conducted, the result of such elections should reflect the expressed wishes of the people through the ballot box, whether at the level of political parties or general elections. Candidates in such elections would have freely participated and canvassed for votes from the people after they would have been validly nominated or elected by their political parties.
Since return of democracy to Nigeria in 1999, four general elections have been conducted through the Independent National Electoral Commission (INEC); 2003, 2007, 2011 and 2015. Democracy still at a level of learning process in the country, the electoral laws provide for Tribunals and Courts for candidates who disagree with result of elections in which they are participants to seek for redress. It is on record that the Election Tribunals and the Higher Courts have had course to nullify some electoral victories that failed to comply with the provisions of the electoral laws.
One of the recurring cases in the election victories that have been nullified by the Courts is that of election rigging where some candidates in election engage in means outside the electoral laws to gain political power. Different means employed to achieve their ambition include snatching of ballot boxes, over voting, intimidation of voters by use of armed thugs and snatching of ballot papers to thumb-print or conniving with some scrupulous electoral officers to buy result sheets and/or compromise returning officers and security agents to declare them elected in the elections. Where evidences are adduced in the Tribunals and the Courts to prove cases of such breach of electoral laws, such elections are nullified and a new election ordered. Not long ago after the 2015 general elections, the election of Members of the National and State House of Assembly from Rivers State were nullified by the Court of Appeal ordering a re-run of the elections within 90 days. The Court held that in the eye of the law, there were no elections in the affected areas which by implication mean that the affected people may have rigged their way into the Legislative Houses. The same applies to the election of Senator Uche Ekwunife from Anambra Central, Anambra State among others. In the case of Ekwunife, the Court ruled that “the election of Mrs Ekwunife on March 28, 2015, did not meet the prescription of the Electoral Act”. Again, the question is, how did the Senator get into the National Assembly? What happens to the money already earned by the sacked Senators from the national treasury? Many more cases are still pending in various Courts both at the level of governors and members of the Legislature.
The sad story is that the same people accused of rigging the elections or getting into political positions outside the prescriptions of the law, are allowed to participate in the same re-run elections and often, especially when such people have been sworn into political offices with the stolen mandate, before the Court nullifies their elections, they would have earned income from Nigerian tax payers and take advantage of such undeserved privilege to return to the field for the elections. In most cases, the same people will be said to have won the elections and will be returned back to the political positions.
If there must be discipline in Nigeria’s electoral system, the law must be made to prohibit perpetrators of election rigging and breach of the electoral laws from participating in elections in which they have been indicted. It is hereby recommended that the National Assembly and members of the Constitution Amendment Committee should consider introducing a clause in our electoral laws to ban for 10 years, candidates in election found guilty by the court for election rigging and breach of electoral laws. Such candidates if they have been sworn in into political offices whether as Governors, Members of the National or State Houses of Assembly, Local Government Chairmen or Councilors shall also be made to refund any money received within the period he or she may have occupied the political position before the nullification of the victory by the competent court of jurisdiction.
This type of measure if taken will no doubt reduce the level of impunity, violence, godfatherism, and recklessness usually associated with the electoral processes in Nigeria. We must avoid what Elnathan John describes as Nigerian god different from God the creator of the universe. Elnathan John had written few years ago about what he called Nigerian god and stated among others that “The Nigerian god loves elections and politics. When you have bribed people to get the Party nomination, used thugs to steal and stuff ballot boxes, intimidated people into either sitting at home or voting for you, lied about everything from your assets to your age, and you eventually, (through God’s grace), win the elections, you must begin by declaring that your success is the wish of God and that the other candidate should accept this will of God. It is not your fault whom the Nigerian god chooses to reward with political success. How can mere mortals complain?”
If Nigeria must be part of the global democratic system, it is time to begin to respect democratic principles and enforce laws that will protect our democracy and build people’s confidence in the governance of the nation. Cleaning up the electoral process is an imperative. Looking forward to a day general elections will be held in Nigeria and losers will congratulate winners and there will be no need to resort to Tribunals or Courts.
