Nigeria: Go To Court, Or Go To Hell? By Andy Ezeani.
5 min read
It has not been too long ago that Nigerians celebrated the coming into being of Electoral Act 2022, the new body of laws for their electoral system. The Act replaced Electoral Act 2010, on which proceedings in the country’s electoral process had hitherto been anchored.Nigeria: Go To Court, Or Go To Hell? By Andy Ezeani.
The process that eventually culminated in the enactment of the new electoral law was not easy, by any means. The forces that preferred the continued reign of the hitherto existing electoral law, were determined to retain the status quo. The reason was obvious. The provisions of Electoral Act 2010 were more amenable to what politicians want than what the new body of electoral laws was promising.
The new electoral law, as it was being framed, aimed, essentially, to block most of the loopholes and lapses in the old law, which offered politicians ample leeway to ambush the electoral process, as they had been doing. The proposed new law sought, among others, to straighten the process of nomination of candidates by the political parties. It also sought to tighten the rules on substitution of candidates. The new law also aimed to prevent any person, especially powerful politicians, from aspiring to two positions at the same time. Under the new electoral law regime too, high premium was to be placed on the deployment of technology. The idea was to reduce human interferences and influence in the conduct of elections.
It should be expected, ordinarily, that there would be little or no opposition to efforts to strengthen the electoral law, to enhance the conduct of elections in the country. Well, it did not turn out so.Clearly, many, among the politicians had a different agenda. They surely, did not want any new set of laws that will circumscribe the latitude they had enjoyed for self- serving manoeuvre in the electoral process, so they kept inserting spanner in the wheel during the making of a new electoral act between 2020 t0 2022.
It took unwavering commitment by Civil Society Organisations, solidarity and support from some electoral system- focused foreign development agencies, as well as an uncommon determination by the Independent National Electoral Commission [Yes, INEC] to finally get the new electoral act passed and assented by President Muhammadu Buhari, not ungrudgingly.
The coming into being of Electoral Act 2022 with all the salutary provisions therein, held out tremendous bright possibilities for Nigeria’s electoral process. Enlarged subscription to the electoral process in form of massive turn out for voter registration by millions of citizens after the passage of the new law, spoke of confidence in the promise of the new electoral law.
With the new electoral law in 2022, the 2023 general election which was in the offing then, offered a new hope and uplifting prospects of a new beginning of sorts, for Nigeria. Many believed they will now truly choose their leaders. The hope for a new era was bolstered by a public declaration by President Buhari, to the effect that he will bequeath a credible election to the country, as his legacy.
For a man whose presidency in its last year, was already set as a monumental disaster, in virtually all parameters in which a presidential performance can be judged, the expectation was that Buhari would use the 2023 general elections to salvage some points for his dismal record. Indeed, a number of public commentators had promptly reacted, that a credible 2023 election, such as Buhari promised, will be an acceptable atonement for his woeful administrative score card.
Worries about the 2023 general election and Electoral Act 2022 living up to their enormous promises emerged, however, during the party conventions. The worries became exacerbated subsequently. As it has sadly turned out since then, almost every malady in Nigeria’s electoral process which Electoral Act 2022 was designed to cure, has been steadily revitalised by the judiciary, with the electoral commission dragged along, as accomplice. It is weird.
It is worth noting though, that INEC stood up for what was right under Electoral Act 2022, in the early days of the new law. When moves were initiated within the ruling All Progressives Congress [APC] to muzzle Bashir Machina, winner of the senatorial primary election of the party for Yobe North, in a bid to make room for Senator Ahmed Lawan, who had aspired for the presidential ticket of the party and therefore did not contest for the senate primary, INEC stood with the law. The Commission had insisted on recognizing the right winner of the primary, until the Supreme Court ruling forced its hands. That ruling by the Supreme Court for Lawan, against Machina, marked the first blatant assault by the judiciary against Electoral Act 2022.A similar scenario played out with Senator Godswill Akpabio in Akwa Ibom North West senatorial district, under the same party.
In the wake of these Supreme Court rulings, which undermined the intent and provisions of Electoral Act 2022, the total subjugation of both the Act and the electoral commission, on its way to its 2023 outing, appeared only a matter of time. And it came to pass. As it is now, whatever promises Electoral Act 2022 held out for Nigeria’s electoral process, have, to all intents and purposes, been neutralized.
But a new set of critical elections are coming up. Forty six days hence, three governorship elections will be conducted in Bayelsa, Imo and Kogi States. The configuration of stubborn forces at play in any election could not be more arrayed at once before an election management body than appears to be so, in Bayelsa, Imo and Kogi states holding their governorship elections simultaneously. It will require the strictest adherence to the best-provisions of a not badly-undermined electoral law, as well as uncommon transparency, for credible and successful elections to be secured in each of the three states in reference. The electoral commission, will also need to adorn the tightest dress of integrity to gain the confidence of the public. Alas!
Post 2023 general elections, what weight for instance, can any assurance of neutrality and fairness from the electoral commission to the electorate in Bayelsa, Imo and Kogi states, carry, in terms of integrity of the elections? How now does anyone stand to assure voters in these states, that their votes will count? Or that they should place their trust in technology to ensure the integrity of the polls? Can people still be told to follow the result of the polls in real time, through IRev, as the Commission proudly did not too long ago?
How now, does anyone tell anyone that violence has no place in elections in Kogi, Imo and Bayelsa? Or that security agencies are there for all sides? Worse still, how can any aggrieved contestants in the elections in Bayelsa, Imo and Kogi or elsewhere subsequently, be told now, that they can find justice in the tribunal for any grievances in the process or outcome of the election?
With “go to court” acquiring a new insidious connotation post 2023 elections, parties and interests in an election, who feel short-changed may prefer to be told in all honesty, to go to hell, if they cannot help themselves. This indeed, is a peculiar mess.
*Ezeani is a commentator on public issues
