Of all general elections since the country’s independence, the rescheduled February 23 presidential/National Assembly elections seem more contentious. Every action or statement by any major player in the Peoples Democratic Party, PDP and the All Progressives Congress, APC is misinterpreted and reviled by another in the two major parties.
At the National Executive Council of All Progressives Congress, APC, in Abuja on Monday, February 18, President Muhammadu Buhari said “I do not expect anybody to make any disturbance. I have briefed the law enforcement agencies and the military to identify hotspots, flash points; they should be prepared to move. They too would have made their own arrangements as possible and resources provided as much as the country can afford it.
According to him, “Anybody who decides to snatch ballot boxes or lead thugs to disturb it (elections), may be that would be the last unlawful action he would take. I have directed the police and the military to be ruthless.
“I am going to warn anybody who thinks he has enough influence in his locality to lead a body of thugs to snatch boxes or to disturb the voting system, he would do it at the expense of his own life.”
No sooner had Buhari ended his speech than the political gladiators and public commentators hit the streets and political space with scathing attacks and incendiary remarks. In fact, the statement once again threw open the political market in the country for politicians and critics to trade barbs at one another.
Two days before, Nigerians were still engaging Independent National Electoral Commission, INEC in a battle of wits and condemnations and name callings over the postponed February 16 elections. By this time, Professor Mahmood Yakubu, INEC Chairman was struggling to wriggle out his reputation and capacity from the clutches of ardent critics and cynics on the ability of INEC to conduct free and credible elections.
This time around, Atiku Abubakar, the presidential candidate of Peoples Democratic Party, PDP described the President’s statement as a death threat on Nigerians. From Ohanaeze Ndigbo, pan-Yoruba socio-political group, Afenifere, Second Republic lawmaker, Junaid Mohammed and lawyers, including Mike Ozekhome, Ebun Adegboruwa, Norris Quaker to Abiodun Owonikoko, Buhari was scored low for speech seen as death sentence on elections riggers and ballot box snatchers.
But, INEC has restated its stand to rely on the provisions of the Electoral Act 2015 (as amended) to punish elections offenders. Even some opponents of the President’s shoot-on-sight order argue that it is unconstitutional by virtue of Section 33 (1), of the 1999 Constitution (As amended), which gives the Court the power to deprive a person of his right to life, when found guilty of a capital offence.
Undoubtedly, Section 129(4) of the aforesaid Electoral Act prescribes 24 years imprisonment for anyone who snatches ballot boxes at an election. Also, Section 131 of the Electoral Act prescribes N1 million fines or 3 years imprisonment for anyone who directly or indirectly inflicts injury on others, or causes harm, violence, or uses duress and undue influence for the purpose of winning an election.
Despite the provisions, few offenders have been apprehended and prosecuted by the various security agencies in Nigeria. The consequence is that the offences remain in the statute books as mere offences while candidates engage in competitive rigging. Consequently, the candidate who out-rigs the other is declared the winner while the opponent is forced to proceed to the election tribunal as the underdog to struggle with the person with the power of incumbency.
The basic challenge is that most politicians and political parties want to win elections by all means and are ready to go to any length to do so. They also recognise the weaknesses of investigating and prosecuting institutions and are ready to take the risk and commit electoral offences believing that they can exploit the said weaknesses and get away with their crimes. It is, therefore, contended that the outcome of the 1999 General Elections is better than the 2003 elections and the 2003 elections better than the 2007 elections. The exception to this rule has been the 2011 elections that were adjudged better than the 1999, 2003 and 2007 elections.
Even at that, the issue of electoral offences, the impunity that accompanies it and the inability to prosecute electoral offenders effectively still persists. Section 158(1) of the Electoral Act, 2002 provides that an offence committed under the Act shall be triable in a magistrate’s court or any High Court of a State in which the offence is committed, or the Federal Capital territory, Abuja. The same section is repeated in the Electoral Act, 2006 and in section 150(1) of the Electoral Act, 2010 (as amended) while Section 158(2) of the Electoral Act, 2002 provides that a prosecution under the Act shall be undertaken by legal officers of the Commission or any legal practitioner appointed by it.
The question is whether Nigeria has derived the benefit of professional prosecution of electoral offenders with domiciling the power of prosecution with officers of the Independent National Electoral Commission. By the account of the Commission, minimal success has been recorded.
It is rather confusing and befuddling that Nigerians must politicise everything. It can only be fair if Nigerians indeed politicians will look beyond the prisms of politics and narrow-mindedness and selfishness in finding solutions to hydra-headed problems confronting us.
In some evolving democracies in the world, some leaders could circumvent certain laws to fight corruption to a logical conclusion. In other words, any leader who wants to succeed in fighting corruption must use carrot-and stick approach to extirpate the problem.
Much as we condemn outright death sentence for elections riggers without due trial by a court of competent jurisdiction, we hereby call political office seekers and their supporters to play the game according to rules and refrain from subverting the will of the people through riggings in a bid to retain power. Such action or attempt is not only immoral but also condemnable. So far, Nigeria has a projected population of 190.9 million people. Of the number, INEC has registered 84, 000,484 voters. Of the number, 72,775,585 persons have collected their Permanent Voters Cards, PVCs, showing 83.3 per cent. To produce Nigeria’s president and members of the National Assembly, some voters will be involved, a simple majority of the whole.
As the pioneer Nigeria’s President, the late Dr. Nnamdi Azikiwe once said “Whether I or Abubakar Tafawa Balewa wins as the Prime Minister of Nigeria, let Nigeria remain,” (paraphrased). Whether Atiku Abubakar of PDP or Muhammadu Buhari of APC wins as the country’s president in the rescheduled February 23 election, let Nigeria remain as one indivisible, prosperous and united country. Elections will come and go, but Nigeria must remain for our generations yet unborn.
