Opinion
Opinion: 2019 Election Petitions: The Judiciary Can Help Sanitize Nigerian Electoral System
By Raymond Nkannebe; Esq.
With the limitation period for the presentation of petitions flowing from the just concluded Presidential and National Assembly elections having closed a fortnight ago, and those of gubernatorial and Houses of Assembly elections closing on the 1st of April, 2019 save for states and local constituencies where supplementary elections were held on the 23rd of March, 2019, it is safe to conclude that the politicians have had their day under the proverbial sun, and have now passed the ball into the court of the judiciary who must now get to work in the next one year at least to determine the catalogue of petitions that have proceeded from the womb of the 2019 elections which in many ways brought to full glare and national embarrassment, the weakness of our electoral process. So bad was it, that some segment of the civil society posit that it is arguably the worst election to have been conducted in Nigeria since the dawn of uninterrupted democracy in 1999.
Contrary to the situation in 2015, the victory of president Muhammadu Buhari is today a subject of litigation. Whereas former president Goodluck Jonathan made the now famous phone call to his opponent candidate Muhammadu Buhari when it became crystal clear that he was on the wrong side of the ballot, Alhaji Atiku Abubakar rightly or wrongly depending on the individual’s political bias, has decided to challenge the re-election of Muhammadu Buhari in court.
In a 147-page petition filed on his behalf by a battery of very senior and distinguished members of the bar, Atiku and his Peoples Democratic Party (PDP), are asking that the result of the election as announced by the electoral umpire, INEC be nullified, and their candidate returned. According to them from what one gathers from the well laid out petition, on a proper computation of results from the polling units, it was the PDP and their candidate Atiku Abubakar, and not Muhammadu Buhari who won the election. They have made a heavy weather of having evidences which support this proposition particularly the smart card reader data from all the polling units across the country transmitted to INEC’s back-end server during the course of the polls.
Beyond Atiku’s petition, a staggering 736 petitions challenging one election or the other, have been received by the election petition tribunals inaugurated by the acting Chief Justice of Nigeria, Tanko Muhammad, two weeks before the conduct of the election. This number understandably could increase as the final collation of results by INEC in Rivers state last week, has seen some candidates and their political parties angling to challenge the return of incumbent Governor Nyesom Wike.
The climate of rigging and manipulation of election results in Nigeria added to the undue militarization of the electoral process by the incumbents who are often in control of the security apparatus often necessitates the challenge of elections by Petitioners on a number of grounds that have been laid down by the electoral law namely, that the person whose election is being challenged was not qualified to contest the election ab initio; or that the winner of the election did not score the majority of lawful votes cast at the election. Others are that the questioned election is invalid by reason of corrupt practices or non-compliance with the provisions of the Act; or that the Petitioner was validly nominated but was unlawfully excluded from contesting in the election by the electoral umpire. See section 138(1) )(a-d) of the Electoral Act, 2010 (as amended).
It is however not in the fleshing out of the grounds of the petition and the particulars in support of same that the Petitioners often run into a problem but in the leading of evidence to establish to the required degree of proof, the often serious allegations contained in most petitions such that could eventuate into a return of the petitioner by the tribunal as was recently seen in the Osun state election petition tribunal which nullified the victory of incumbent governor Gboyega Oyetola in favour of Senator Ademola Adeleke. This writer however understands that decision is a subject of appeal at the Court of Appeal sitting in Abuja.
A holistic appraisal of the election petitions that have made their way to our courts and/or election tribunals as far back as the cases of Omoboriowo v Ajasin (1984) 1 SCNLR 108; Obih v Mbakwe (1984) LPELR-2712 (SC); Nwobodo v Onoh (1984) 1 SC 1; Buhari v INEC (2008) 19 NWLR (pt. 1120); Ojukwu v Obasanjo (2006) (EPR) 242 to name a few, will readily reveal the near impossibility of upturning an election through the courts. A petitioner almost always finds himself contending with a large body of case law and statutory provisions that literally excuses and/or explains away the electoral infractions complained of in his petition. Save for a handful of cases where a petitioner was returned through the tribunals, thousands of petitions go to court at every election cycle without any success. Perhaps the circumstances of the 2007 general election puts the difficulties faced by a petitioner in proper context. Despite the winner of that very controversial election acknowledging that the process which brought him to power was fraught with widespread irregularities and gross manipulation of the electoral process, it is ironical to say the least, that the challenge of that election at the presidential election tribunal by then General Muhammadu Buhari came to nought. Such is the lot of the Petitioner.
The sad consequence(s) of this is that it has helped to fester the culture of rigging across board. The Nigerian politician having understood how difficult it is to upturn an election through the courts, has devised even more brazen and disingenuous means of rigging him or herself into power and thereafter, dare their opponent to go to court to challenge the victory. Anyone who has had the privilege of studying the electoral forms from our shambolic elections will readily come to terms with the fact that elections in Nigeria are basically a riggers affair. It is the candidate who is able to out-rig the other through any means whatsoever that is often declared the winner thus making a mockery of our democracy.
In a bold attempt however to improve the sanctity and integrity of our electoral process and to the credit of former chairman of the electoral commission Alhaji Attahiru Jega, the smart card reader was introduced in the 2015 general election to checkmate the recurrent problem of multiple accreditation of voters against the spirit of the voters register. The genus of the smart card reader machine was to ensure that only bio-metrically accredited voters could cast valid ballots at the polling booths. It was thought that it would solve the recurrent problem of multiple thumbprinting by unscrupulous elements who lend themselves to politicians who prostitute the electoral process.
But the legality of the smart card reader as an instrument for the conduct of elections was to evolve into a serious constitutional debate on the back of the petitions that made it to the election tribunals following that round of elections. In the case of Nyesom v Peterside (2014) 5 NWLR (pt. 1430) 377 a full-bench of the apex Court despite acknowledging the motive behind the introduction and use of the card reader machine in an election, which needless to say was to bolster the democratic norm of “one man one vote”, went ahead to strike it down for having derived its efficacy from the INEC guidelines which obviously was in conflict with section 49(2) of the Electoral Act 2010 (as amended) which nominates the voters register as the instrument of accreditation of voters and proof of over-voting by a person challenging an election.
In answering the question whether failure to use card reader for accreditation of voters can invalidate an election, the apex Court Per. AKA’AHS held instructively as follows, “the introduction of the card reader is certainly a welcome development in the electoral process. Although it is meant to improve on the integrity of those accredited to vote so as to check the incidence of rigging, it is yet to be made part of the Electoral Act. Section 138(2) envisages a situation where the Electoral Commission issues instruction or guidelines which are not carried out. The failure of the card reader machine, or failure to use it for the accreditation of voters cannot invalidate an election. The section provides as follows: “138(2) an act or omission which may be contrary to an instruction or directive of the Commission or of an officer appointed for the purpose of election but which is not contrary to the provisions of this Act shall not of itself be a ground for questioning the election”.
With the above sentiments of the apex Court, many of the petitioners who went to court in the last cycle of election hoping to make a case out of the non-use of the smart card readers in the accreditation of voters at the polling units found themselves on the wrong side of the law, and severally paid with a dismissal of their petitions. Unfortunately, none of the petitioners drew the attention of the apex Court to the amendment of section 49 (2) of the Electoral Act which was signed into law by former president Goodluck Jonathan on the 20th of March, 2015, just 8 days before the holding of the general election. On their part too, the judex did not take judicial notice of this amendment to the principal Act which legitimized the use of the smart card reader for voter accreditation; the very basis upon which the Court upheld all the disputed governorship elections conducted by the INEC on April 11, 2015.
Having said that, the 2019 elections and the petitions trailing it, provides another window of judicial activism for the judiciary which has the potency of revolutionizing our electoral process and by extension, our nascent democracy. With the countrywide criticisms that have greeted the conduct of the just concluded general elections ranging from selective use of the smart card reader machines in some places and the outright thumbprinting of ballot papers in the quarters of party chieftains and what not, in a barefaced prostitution of our electoral process, suffice it to say that the ball is effectively in the Court of the judiciary to rise up to the occasion in ensuring that not a single illegal vote counts in the return of a candidate.
A simple way to do this, is to ensure the fulsome recognition of the data from the smart card reader machines and using same as a benchmark for reconciling the total votes cast in a polling unit so as to check against over-voting which was perpetrated by politicians with reckless abandon in the just concluded 2019 elections. In places where the smart card reader machines malfunctioned and thus were not used, the tribunals must ensure that the procedure enumerated by the electoral umpire on how voters in such polling units should cast their votes, was applied to the latter. Anything otherwise, must of necessity lead to the cancellation of the results from such unit as consecrated by the relevant provision of the Electoral Act 2010 (as amended), and the Guidelines of the electoral commission 2019. Thankfully, the apex Court in the Nyesom v Peterside case (supra) acknowledges that the innovation of the smart card reader machines was well intentioned in that, it was calculated to improve the integrity of our elections. The petitions that are now lying before the several election petition tribunals across the country, provides an opportunity for the judex to uphold the smart card reader machine and lend it the much needed judicial imprimatur which counted against its usage in the last cycle of elections, irrespective of the consequences for the individual poll where it is applied.
At a time when it has been shown that the executive and the legislature are enmeshed in a dark conspiracy to the detriment of our democracy, such as was seen in the circumstances under which assent to the Electoral Act Amendment Bill (2018) was refused by president Muhammadu Buhari, the judiciary can step in, in its hallowed capacity as the avowed defender of any democracy to sanitize our electoral system. This is what Nigerians who are increasingly losing confidence in our electoral process earnestly asks of the judiciary.
Raymond Nkannebe; a legal practitioner writes from Lagos.
Dear Destiny Friends,
Every human being loves to get approval, either for the great work they have done or the ones they are doing. They love to be appreciated and admired. They also love to be given attention when they have something valuable to say or do. In all of these, one thing is certain, there is something special about us, and this special thing makes one unique, and ultimately attracts people to us.
Let’s face it, nobody will admire you, appreciate you, approve you and give you attention if you don’t have anything to offer. The reason most people associate with someone is because they feel or know there’s something they can gain from the person. It’s hard for someone to relate closely with someone who they don’t see potential value in.
There is no doubt each and everyone of us is unique, yes, there’s something unique about you. You can sing, you can write, you can dance, you can lead, you can serve, you can cook, etc. One can even be a good actor, athlete, comedian, or preacher. The list is literally endless. Now, what’s unique about you?
When you discover what’s unique about you, please do all within your reach to nurture and develop it. One day, the right person, who truly appreciates and knows your value will celebrate you.
I have a friend who is exceptionally skilled in writing and developing creative contents. I call him a genius because he can literally write a book within a week. How he does it is what I don’t understand. I was surprised when he once told me he wrote a book and manuscript in one week. According to him, he has been developing the contents mentally, but hasn’t found time to put his thoughts together, and when he finally gets his thoughts together, he was able to write the book and manuscript. This is a typical way of knowing a unique being.
Many, however, do not know what’s unique about them. We focus our energy chasing what is not chasing us instead of focusing on developing what we already have. It’s sad to see young and old people living their lives in an unintentional manner with a belief that somehow lines, favour or opportunities will fall in place for them.
Sometimes, we rely on other people’s affirmation and opinion, and accept it as our fate. For instance, just because one is tall, he might be told he will be a great fit for basketball without considering if the athlete loves basketball; again, just because someone is very intelligent, his parents will encourage him to major in a particular discipline, which is perceived as lucrative without considering if the person likes it pr not.
I once experienced this fate when my late dad inspired me to study taxation law in New York Law School, a major I detest with passion. It was like a suicidal mission for me because I do know, it will take miracle to graduate from the program. How I was able to get a scholarship for my grades and graduate in record time is a story for another day. I’m not wired as a finance person, I will better serve humanity in the social and developmental space where my skills, talents, gift and passion will be better utilized. And ever since I joined the space, I have seen results.
There are many cases where many people lose their identities without knowing they are unique. We are all unique in our individual ways. Just like there are several gifts and talents, we have different skills. When you know what’s unique about you, you will stand out and the world will not only appreciate you, but will celebrate you.
When one discovers the power of their uniqueness, we will gather strength to unleash it to the world. Uniqueness works in several ways. For instance, the mere fact that ten people are genius, talented, skillful or valuable in a particular work, the person with the unique gift is the person who will not only stand out, but will be called upon to do the work.
Let me share more insight. If ten people sing a particular song with a great voice, the person who is called to be a singer will receive a unique appreciation because he/she is working on purpose. That is why it is easy to see a lot of people venturing into a particular form of business, but the favour of the business will not locate them because they are not uniquely destined to do business.
Few years ago, one of my mentors shared a deep insight with me. He said that, as a trained medical doctor, he once observed that despite the fact there are hundreds and thousands of medical doctors practicing their profession. One fateful day, he noticed a particular patient was not responding to treatment despite all the medication that had been given to him by a nurse, his health was deteriorating, then another nurse came and administered the same pill a nurse gave the patient, and the patient began to feel better. What does that tell you? The second nurse was probably working in her purpose which aligns with her profession, and as such the corresponding success. This goes to show that when one is unique, it has a way of robbing off on their work.
Furthermore, he stated that Mariah Carey, Michael Jackson, and Beyonce are some of the gifted singers and dancers the world has ever celebrated. He went on to say that we have hundreds and thousands of musicians, but only a few have got the spotlight.
What does that tell you? When you are unique, the world will celebrate you. I have understood that the fastest way to get recognition in life is to work in areas where one’s strength and unique gift will better serve the purpose. This is simply because the world does not celebrate one’s weakness, rather, the world celebrates one’s strength.
In recent times, I have seen myself as a counselor and human inspiration. My counseling skills have enabled me to influence people to live positive lives. Overtime, I have realized that when people share their burden with me, they feel relieved after speaking with me. What amazes me most is the fact that even my elders feel comfortable to relate with me on a cordial basis. Maybe, I have a unique gift for counseling and educating.
Today, I am going to charge you to focus your energy and time on whatever will bring you the highest satisfaction. Even if you are looking for a job, applying for school, or seeking any opportunity, your focus should be centered on what you have that the job, school or opportunity will amplify. When you do so, you will be in high demand.
In conclusion, please affirm to yourself today, I am a unique being with a unique personality, purpose and gift.
Say to yourself, ‘I am original’, and refuse to be fake.
Again confess that your originality, authenticity and uniqueness will attract favours, blessings, opportunities from leaders and queens to you, and you will be celebrated.
Henry Ukazu writes from New York. He works with the New York City Department of Correction as the Legal Coordinator. He’s the founder of Gloemi. He’s a Transformative Human Capacity and Mindset coach. He is also a public speaker, youth advocate, creative writer and author of Design Your Destiny Design Your and Unleash Your Destiny . He can be reached via info@gloemi.com
By Henry Ukazu
Dear Destiny Friends,
Sometimes, we don’t know the potentials and power we carry within us. This is because we have not had the opportunity to thrive in the right atmosphere. But given every equal opportunity, every person is a potential achiever because we don’t have dull brains, only undeveloped brains. You are a genius; I am a genius, but only the one who utilizes his available opportunity, brings out the genius in him.
There is no doubt some environments are conducive for opportunities and business to thrive; however, it is instructive to note that there’s no perfect time and place for a determined mind to thrive. Isn’t it true that no matter how hard the waves and torrents hit the ship, the ship will always find a way to thrive.
Life will not always be perfect; we just have to do our best in any place, and time we find ourselves, with what we have and where we are. Whichever way one looks at it, done is always better than perfect, especially when perfect is not done.
Sometimes, uninformed minds think some people have more opportunities than others. They fail to realize that while some are born great, some achieve greatness, some have greatness thrust upon them, while some others put in the hard work.
On a personal note, in all honesty, my level of smartness is that of an average man, who is intentionally working a little bit harder. Sometimes I must read repeatedly just to get a basic understanding of a piece of work, and when I understand it, some people will think I am smart. When you compare the scene with one with an ingenious mind, you’ll discover the difference is clear.
Let’s take a practical case of my writing skills. Ordinarily, someone will think I’m very intelligent publishing articles every week, however what they won’t understand that it takes determination, persistence and most importantly the grace of God for me to do what I do every week. Some people might have more understanding than me, but they lack the grace of God to be consistent. The moral here is that regardless of what you supposedly think you have or know, one has to be humble about life otherwise life will humble you.
Everyone of us has a genius inside of them waiting to be unleashed. The genius in you won’t pop out unless you challenge it by leaving your comfort zone. Most of the people the world celebrates didn’t just become extraordinary; they had to put in the work which can entail strategic and intentional working, constant reading and researching just to add value to their work, exploring opportunities, failing and trying again, taking risks, etc. Trust me, the list is endless.
It is generally said great men are people who do ordinary things in an extraordinary manner. These sets of great minds can be very detailed in their thought process and approach to life. They do know that any opportunity not properly handled can affect all the work they have built overtime.
Let me share a practical example, imagine building a house on a faulty foundation, it won’t take long for the house to crash. Then contrast it with building a house on a solid foundation where original structures and equipment where used, one can confidently sleep quietly knowing fully well the right things has been done.
Imagine a contractor who is considered a genius used a substandard product for reasons best known to him to build a house or construct a road, and imagine a second-class contractor builds the same house or construct the same road with the right products. If an examination is done on both work and the examiner determines that the genius contractors work is faulty, while the second-class contractors work is good, who do you think will be considered a genius contractor? Of course, the second-class contractor simply because his work lasted overtime.
That’s exactly how extraordinary people succeed. They are very thorough in their work. They do ordinary things in an uncommon manner. They know a single mistake can destroy all their hard work Realizing that little things can mean a lot. They don’t take chances and take nothing for granted.
In the same way, if one is privileged to meet great people or have access to great minds who have distinguished themselves, it will be unwise to beg them for money, rather seek for ways to learn from them by adding value to their life. If one can cultivate and nurture the relationship very well, the tendency for the person to thrive will be high and if the opportunity comes and one utilizes it, the world might think the person is lucky or blessed, some might even attribute it to their location or the role of mentors in the person’s life.
They might contribute to some extent, however, they won’t see the big picture which can be the process, skill and most importantly the ingenious strategic work the person put in place to attract the opportunity.
It should be noted, no serious mentor will recommend somebody for opportunity based on mediocrity. One must be competent in addition to doing the needful to show competency.
If we are honest to ourselves, we all have made one mistake or the other that if properly managed would have given us greater opportunity. I can vividly remember meeting the Miss universe in 2014 in Washington during President Obama’s administration. This lady sits on the board of Warren Buffet and has access to other world leaders. At one point in time, our discussion was centered on how we will travel to Nigeria for a business meeting with the former President of Nigeria (President Olusegun Obasanjo).
We had a couple of meetings with some of her mentees and colleagues in Columbia University. In all honesty and sincerity, I had access to privileged information. Quite unfortunately, I couldn’t manage the relationship very well and it slipped off my hand. Imagine, if I had managed the friendship, who knows where I would have been now, the genius in me would have blossomed. Lessons learned.
The moral here is that we are all geniuses as opposed to what is peddled out there. The only difference is how we package and present ourselves. If you package yourself as a hungry man, the genius in you will not manifest. If you present yourself as an ambitious, disciplined and intentional man, the universe will connect more with you, and when all people see your accomplishments, they will regard you as a genius.
In conclusion, as you step out to live your life, endeavour to figure out the genius in you. Figure out what makes you unique, what makes you stand out and what makes you attractive. When you figure it out, the world will celebrate the genius in you.
Henry Ukazu writes from New York. He works with the New York City Department of Correction as the Legal Coordinator. He’s the founder of Gloemi. He’s a Transformative Human Capacity and Mindset coach. He is also a public speaker, youth advocate, creative writer and author of Design Your Destiny Design Your and Unleash Your Destiny . He can be reached via info@gloemi.com
Opinion
Celebrating a Living Legend: Dele Momodu at 65 – A Grand Lecture and Gala to Honour a Media Titan
The stage is set for a grand celebration as Nigeria and the world prepare to honour Chief Dele Momodu, iconic journalist, media mogul, political figure, and cultural ambassador, on the occasion of his 65th birthday. In a fitting tribute to a man whose pen has shaped narratives and whose voice has resonated across continents, the organisers of the Dele Momodu Leadership Lecture and birthday festivities have unveiled an inspiring programme of events.
Titled “How to End Hunger and Poverty in Africa,” the landmark leadership lecture will take place on May 16, 2025, at the prestigious Nigerian Institute of International Affairs (NIIA), Lagos. In an event that blends intellect, statesmanship, and celebration, two of Nigeria’s most revered elder statesmen — Former President Olusegun Obasanjo and Former President Goodluck Ebele Jonathan — will grace the occasion as Guest Lecturer and Special Guest of Honour, respectively.
The current Governor of Osun State, the energetic and intellectually astute Senator Ademola Adeleke, will serve as Event Host, bringing both gravitas and grace to a gathering expected to attract the crème de la crème of Nigerian society — leaders of politics, media, diplomacy, industry, and culture.
Capping the day’s events, an elegant Dinner and Gala Night will hold at the luxurious Balmoral Event Centre, located within the Federal Palace Hotel, Victoria Island, Lagos. The evening promises music, memories, and tributes from around the world — a fitting conclusion to a day of honour.
Chief Dele Momodu: A Life of Substance and Style
Bashorun Dele Momodu is not merely a name — he is an institution. A quintessential journalist, he rose from humble beginnings to establish Ovation International, a globally celebrated lifestyle magazine that has chronicled the stories of Africa’s high and mighty for over two decades. A global citizen with a pan-African soul, Momodu’s camera lens and ink-stained fingers have captured the vibrancy, struggles, and triumphs of a continent in flux.
But he is more than a chronicler. A former presidential aspirant, he has consistently stood on the side of the people — advocating for democracy, good governance, and the dignity of African lives. A recipient of multiple chieftaincy titles, including Bashorun of Oke-Ila, Aare Agbeluga of Ondo Kingdom, and Aare Atayese of Ile-Ife, Momodu’s honours span geography and generations.
A mentor to many, friend to presidents and paupers alike, his story is one of grace, grit, and greatness — an indelible ink on the parchment of African history.
As the countdown to May 16 begins, the continent pauses to celebrate not just a birthday, but a legacy — that of Chief Dele Momodu, a man whose life has been a bridge between media and politics, culture and commerce, Nigeria and the world.
And at 65, the ink flows still…
Written by Sola Ojewusi for Lagosian Magazine
