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.
By Henry Ukazu
Dear Destiny Friends,
The importance of timing cannot be overemphasized. Timing is everything in life. It is critical to one’s success. You can lose your money and get it back in many folds. You can even lose your health and get it back all things being equal, but when you lose time, you can hardly get it back again.
The importance of timing can be seen in crops. Every crop has a season, a good farmer won’t plant maize when it’s time for oranges, nor will he plant pears when it’s the season for mangoes.
Time is very instrumental to the success and failure of anyone. Imagine having a meeting or interview at 9:00am and you arrive at 10:10am, it will take the grace of God to be interviewed. As an employee, apart from one not being able to diligently do his job, one of the fastest ways for an employee to lose his job is by being late to work.
When I was in New York Law School studying Taxation law, I did a course titled, the Problem of Timing. During the semester, I learnt about cash and accrued income. Let me do some academic exercise here. In cash income, just like the name entails, one is paid in cash as soon as the work is completed. It’s just like going to the market to make a purchase. One can either pay directly with cash or with debit or credit card. But Accrued income refers to revenue a company has earned by providing goods or services, but for which payment has not yet been received, one will have to do the work first before getting paid. This is applicable when one works in either a public or private organization where one is paid either weekly, bi-weekly or at the end of the month depending on the stipulated mode of payment.
It’s important to note that before the money is paid either in cash or accrued, one would have earned it. It’s just like one learning g before earning, and one will have to update to upgrade. These are just the practical principles that will work with life.
In the same way, in life there’s a seed time and harvest time. It’s a universal principle of life. Whether as a parent, entrepreneur, student or employee. As a parent, if you don’t train your kids very well, they will grow up to reflect the opposite of what you desire. As an entrepreneur when you invest in your business, you will get the reward in due time. As a student, if you take your studies seriously, your grades will improve, and as an employee, you stand to get promotions and opportunities when you add value to your work. In summary, one will have to put in the work before recognition comes on.
To understand how seedtime and harvest work, imagine where parents tend to like one child more than others just because they see potential in him, or he’s smart, hardworking or even creative. They fail to understand that every child is different and as such their timing can be different. Some kinds take time to develop.
I personally believe there’s something so unique about each individual which God has deposited in everyone of us. It’s just a matter of time for it to manifest. Your timing of manifestation is different from your siblings and colleagues.
Personally, I didn’t mature fast with my contemporaries. Overtime, I have seen much improvement in my personal and professional life. Maybe because I have added value to my work with the assistance of mentors and good friends, or God had to humble my colleagues and mentors . Why do I say this? During my formative years, I had little or nothing to show for it. I was looking at my contemporaries as mentor and seeing my mentors as small gods whose feat is unattainable, but now, the reverse seems to be case as I have developed capacity some of my colleagues are yet to attain, while I have even surpassed the achievement of my some of my mentors in some quarters.
In all these, they are all surprised how it happened. Some are yet to comprehend or articulate the feat. It’s just like watching a film where everyone slept and woke up to see the game and tides have changed. The secret behind it is the seed time and harvest time. I was probably learning the trade while in the wilderness, and when the training season matured and ripe enough to be harvested, I became attractive to almost everyone who loved the seed I was producing.
There are litany of examples of people, who have been in the wilderness during the seed planting season. Let’s take a case study of Joseph in the Bible, his journey to stardom took a little twist. Despite the travails he experienced in the hands of his siblings who sold him, his experience while in the jail, and with Portiphar’s wife, who tried to seduce him; they were all set ups for success. The moral here is Joseph seed time and harvest time was quite different, it wasn’t a smooth journey. Ordinarily, one would have cursed his siblings or his friends who were with him in prison and forgot him after they were released. But at the end of time, everything worked out for his favor. Joseph’s seed days were his dark days while in the wilderness.
Another inspiring story of note was that of Pastor Ibukun Awosika, the former board Chairman of First Bank of Nigeria. She once shared a pathetic story during her formative years of being in business. According to her, she sojourned for about 15 years. She cried because lines were not adding up for her and she wouldn’t do what her contemporaries were doing to get opportunities. At a point in her business, it appeared like she was in a race of own life because everything seemed to be against her, but at the appropriate time, lines began to fall in place for her. Appointments, business opportunities, favours and goodwill began to fall in place for her. Again, she had a fair share of seed time.
An interesting question I would like to ask you is, what’s your seed time? Have you ever been in the wilderness when you appeared to be fixed? It’s unfortunate many people are not willing to pass through the storms or experience seeds and harvest time. Amidst all these, one must do some work before they get opportunities. However, before such opportunities will come up, one will have to plant the seed.
In conclusion, seed time and harvest time is critical in the journey of life. Take a seat and determine what seed you would like to sow and what you’ll like to harvest.
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,
Happiness is something everyone should strive for. The pleasure and joy that comes with a blissful mind is priceless and unimaginable. There are certain things that keeps the mind in a state of perpetual happiness, and they varies. To some, it entails having money, children, education, job, and fulfilling a vision, while to others, it means singing, getting married to a dream partner, traveling, cooking, among others. The list is endless. And if I may ask, what makes you happy?
Personally, I derive joy when I put smiles on people’s faces. I can confidently say, I can be too kind to a fault. Sometimes, when I have a heavy heart, to decongest my sad state of mind, I may decide to be a blessing to someone who is experiencing misfortune. This act makes me feel happy and whenever I complete the act, I do feel a sense of fulfillment like a heavy burden has left my body. Isn’t it true therefore, that one gets what they want faster when they assist other people to get what they desire.
Being happy is indeed a state of mind. Sometimes, we think other people can make us happy. Sometimes we tend to attach our happiness to our partners and friends instead of ourselves. There’s no doubt the people in our lives have a role to play in making us happy, but the big factor responsible for our happiness is our mindset and perspective to life.
Let me share a practical example. One day, while I was in college, I was having a decent conversation with a friend of mine, and he said to me, ‘Henry, have you ever thought of having a girlfriend’? He touted me saying, you know you are one of the handsome guys in college and ladies love you so much. I was curious to know why he asked such a question so I asked, why do I need a girlfriend? He said they will make me happy. I said, that’s interesting to know. I asked him, so are you telling me, the simple reason you are happy is because you have a girlfriend? He said not really. I said to him, happiness is an inside job. As a matter of fact, I showed him a book by John Powell titled, Happiness is an inside job, which I was reading at the said time.
I further told him that ladies don’t make men happy, rather they complement their happiness, and vice versa. The mistake most people make is focusing their joy on human beings, and when they are disappointed, they begin to lament. True happiness should be vested in causes not material things. Material things are important, no doubt, but they are not as important as causes, especially as it relates to happiness.
Did you know that there’s a spiritual connection between happiness and success? Yes, this is so true because when one is happy, there’s a certain level of joy, satisfaction and energy that comes to them. The energy makes them passionate about a cause, and when one is passionate about a cause, they will be consistent in pushing the brand which will ultimately attract opportunities.
The importance of happiness cannot be overemphasized. When one is genuinely happy, he will not be stressed while working. That explains why it’s always good to love the job you do, and when you love what you do, what you do will ultimately love you, and this will attract opportunities.
Overtime, I have seen that people, who love what they do produce a certain level of results more than those who just do the job they are paid to do. Experience has shown that when people are adequately compensated for the work they do, they tend to do it with joy and when a work is done with a job, the result tends to be different.
Whenever I need a certain level of work, I always look for those who are gifted and talented in that craft before I explore the option of those who are intelligent and skillful. This is because someone who is talented or gifted in a particular craft has a form of blessings or anointing, which can produce a glowing effect on the work. I call such effects the spirituality of success because it has more impact than anyone who has acquired the skill or studied the art in school, or from a form of training.
The question we need to ask is how can one attract opportunities? The first step in attracting opportunities is by being happy. Nobody likes to be associated with an angry mind. There’ a rule of thumb that says, when you smile at someone, they are bound to smile back even if they are into witchcraft. Nobody likes to give a job to an angry person.
The connectivity of happiness and success was aptly captured by Dr. Yomi Garnett. According to him, “Those who attain true success are those who derive joy and happiness as they invest their time and energy in worthwhile pursuits. This is hardly surprising, for true success is not merely a destination, but a journey. If a journey is truly worthwhile, should it not also be pleasurable”?
How true can this statement be? True joy comes when one’s passion, vocation and profession are in alignment. Imagine the joy and fun that one will get when getting paid for having fun. The feeling and experience are, indeed, priceless.
It’s unfortunate that many people don’t understand that there’s a spiritual effect in whatever one does. For example, someone who is called to be a lawyer will do an expectational job as a lawyer, he won’t struggle to read, comprehend or even attract favour from clients, judges and fellow attorneys. In fact, the universe will conspire to work for him because he will attract opportunities due to the happiness he invests in himself. Now contrast that with someone who studied law just because he likes the name or because his parents influenced him to become a lawyer. The same principle is applicable to other professions, vocations and skill related jobs.
In conclusion, if you want to attract opportunities and blessings into your life, consider being happy, don’t attach your happiness to anyone, rather focus on a noble cause which will bring joy and impact in the lives of people. When you do so, you will subconsciously attract blessings into your life.
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,
Apart from having the fear of God, one of the greatest desires any individual is a responsible life partner or spouse. In fact, a responsible partner transcends beyond ability to provide as there exists many, who can provide, are still irresponsible. Being responsible is priceless. Being responsible is a currency and goodwill which is not seen among cheap people.
While little girls in high schools are thrilled about the handsomeness of boys, and big ladies in colleges are attracted to the intelligence and financial capacity of guys, mature working ladies are more concerned about the security and loyalty of guys. This set of mature ladies are not concerned about the physical looks and financial capacity of guys. Though money and good looks are important, but they can’t be compared to loyalty and security. This is because a man may not have money, may not look great, and may not even be rich in intelligence, but when a lady sees him as responsible, with prospects, she might take him very seriously, and vice versa.
Asides character, irresponsibility is one thing that detaches a man from a lady. As a matter of fact, when a man senses a lady has been sexually exposed to a lot of men, withdrawal syndrome begins to set in, especially if he’s familiar with such men. Irresponsibility can be attributed to lack of good character or why will a responsible woman be messing around with several men.
One may wonder if this article is about the relationship between a man and a woman. The simple answer is no. The article is about life. I had to begin with human beings to x-ray the importance of living a responsible life. The truth is nobody likes to relate with an irresponsible person whether at work, church, family or events. An irresponsible person will have trust issues, fail in leadership, suffer from accountability issues, and will never be counted as reliable. If negative forces wish to deal with a person, they send an irresponsible people their way, and the individual’s life or work will be completely damaged.
As human beings, we are responsible for our life. It is what we sow that we reap. When we love, we are bound to reap love, when we sow hatred, it has a way of coming back to us. When we sow kindness, kindness will locate us in due time. When we sow hard work, it has a way of paying us back in the near future. When we help the less privileged, we accumulate the grace and mercy of God in the universe. When we invest in people, we tend to open doors, and like a magnet, attracts blessings, favours and opportunities our way.
The question we need to ask ourselves therefore, is what kind of life are we living? According to Socrates, “an unexamined life is not worth living”. Being able to take stock of one’s life is one of the best things that can happen to anyone. Just like a businessman takes inventory of his products, one must be intentional to live a life of purpose. Failure to do so is inviting Karma.
It’s instructive to note that taking responsibility involves a process. It is the foundation one lays that determines the kind of house they live in. For instance, if your tummy aches, what you ate yesterday is the likely the cause; if you are depressed, the culprit is the thought you meditated on the night before; if you are broke, it is usually because you mismanaged your money earlier; if you are overweight, it is because you over-ate in the past. Did you see that actions have consequences and it’s your responsibility to fix yourself with the right thoughts and actions.
The moral of the story is that your reality today is the consequence of your thoughts and actions of yesterday. And your future will reflect your thinking and deeds of today. It’s important to note that no demon is powerful enough to make you reap what you did not sow, neither is any demon more powerful than Karma. If you are in doubt, sow a seed today, and it will show tomorrow.
So, it is important for one to take responsibility for their lives. Nobody will fix you more than you can fix yourself; nobody can help you more than you can help yourself; nobody can save you more than you can save yourself; nobody can inspire you more than you can inspire yourself; and nobody can make you live a responsible life if you are not determined to be responsible.
It’s sad to see people who haven’t taken time to plan their lives, yet expect other people to fix them. Some people don’t invest in themselves by reading, researching, taking a class, course, learning a skill, traveling, investing in their businesses, relationship, network, volunteering in an association, and adding value to their lives. Sometimes, lazy minds lie idle waiting for the Lamb of God, who will take away their sins and burdens. These lazy minds fail to understand that everyone is dealing with a secret frustration.
In conclusion, decide today to take charge of your life, and see how life will unfold positively for 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
