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,
One of the fastest ways of making a headway in life is having the right attitude. A right attitude is priceless, and grants easy access to and from people. This is in clear contrast with a nasty attitude, which attracts distaste and repulsion.
Attitude permeates relationships with fellow human beings at work, school or public spaces. People can literally see our personalities, mindsets, behaviors through our attitudes.
As a Human Capacity coach, one of the qualities I look for in any person is attitude. When you show an attitude that portrays allegiance to money as opposed to learning, your potential of going far in life will be limited. You luterally show you don’t have the capacity to be loyal when the chips are down.
While exhibiting the right attitude, theee is the possibility of everyone not agreeing with you, however, it is advisable not to burn bridges because you never know when you will need them. You can only do this when you have the right attitude to life.
The right attitude is a currency just like relationships, network, social media and value though a lot of people fail ro realiae the fact. In my relationship with the high and mighty in society and men of influence and affluence, I have seen how they perceive and interpret certain acts. What ordinarily might not amount to anything from an uninformed mind might be the icing on the cake for the great man. For instance, if a resourceful person asks you to do a job, it will be wise to do it for free. Resist the temptation to ask for money.
That’s a great way of marketing yourself to the person involved. If they appreciate your work, you might be surprised to get a good opportunity that catapults you to unimaginable heights.
Also, if the great man asks you to do some work, instead of saying, this is an opportunity to make some cool cash, consider doing the work with the least cost just to make him a potential client. I recently met a young man online who is good with YouTube videos, I asked him if he could cut a video for me, the amount he called was on the high side.
Be advised, I know value has to be appreciated. What this young man didn’t know was that I was testing his attitude with the hope of working with him, but quite unfortunately he failed the test. I had to devise an alternative means to get it done for free.
This is why mentorship is very important. When you have good mentors, they will advise you to think and serve in the right manner. Most young people always operate from a lack mindset. They want to eat their cakes and have it. They fail to understand that there’s seed time and harvest time.
In my relationship with some of my mentors, I have bought nice perfumes, shoes, and luxury gifts to them in appreciation of their kind counsel. What’s important here is not necessarily the amount per se, but the mindset and attitude. Be advised, I didn’t ask for money. I had to show them via my mindset, I’m not a burden so they can feel comfortable relating with me.
As a matter of fact, one of my mentors once said to me, I give him more money than he gives him. When you juxtapose this with contemporary youths, most of them are merely concerned about what they can get as opposed to what they can learn.
It’s instructive to note that it is your attitude and not your aptitude that will determine your altitude. With the right attitude, people will see through your thought process and mindset. My late mother will always say, when someone is talking, look beyond their words and focus on what’s inside their heart/mind. It’s just like communication, your focus is not on what’s being said, but on what is not being said.
One a personal note, I have learnt to study the attitude and mindset of many of my mentors, elders, friends, mentees, and strangers and this helped me a lot to relate with them differently. When you know how people behave, it will be easy to work with them. Sometimes, some people wonder how I relate smoothly with people and get things done, it’s simply a matter of attitude. One of my mentors once said, a general doesn’t fight many wars at the same time, a wise general selects his battles. That’s having the right attitude and perspective to life.
To understand how attitude works. There was a young boy who behaved badly, and his grandfather, an elderly, wise pastor, attempted to counsel him. The Pastor said, it’s as if we have two lions inside of us. One is good and the other is bad, and they both demand our obedience to them. The boy responded, which one wins? The Pastor said, the one fed. What’s the moral here? In the journey of life, it is what we feed that grows. If you feed a lion, a lion will grow into a deadly beast. If you take care of a woman, she’s likely to act soft towards you all things being equal. In the same vein, when an evil desire demands to be fed, we must say no. This is true because what we feed ultimately controls us.
The interesting facts about this Pastor and young man are centered on perspectives. It is how you see life that life will unfold to you. When some people fail in life, while positive minds will see it as an experience in which they hope to learn something from it, negative people see it as failure which has limited them from moving to the next stage in life. Again, while some people experience pain differently, some others react negatively to pain and this in turn hurts them more.
In conclusion, I don’t know what your experience is, nor do I know what you are going through, but one thing I can guarantee you is that, when you have a great attitude, your disposition will surely change. You’ll go far in life when you have a nice attitude.
Today, I charge you to learn how to relate with people with the right mindset and see how your life will unfold for good. I will conclude with the words of Maya Angelou; “People may forget what you say, people may forget what you did, but they will never forget how you made them feel” The only way to make people feel good is by having the right attitude.
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,
When you truly study top performers in any field, what sets them apart is not their physical skill; it is how they control their minds – Stan Beecham
There’s no gainsaying the fact that everyone loves the good things of life. Every human being loves the best academic, relationship, sports, luxury, vacation, entertainment, professional/vocation, can offer. The same goes for tangible things including food, gift items, clothings, automotive, jewelleries and a whole lot more.
In the same vein, every individual wishes to be the beat in whatever they are involved in. This is because when you are the best in what you do, the world will definitely seek you out.
To understand how this principle works, imagine a patient who is sick and he’s told the only person who can heal him is his supposed enemy who is an expert in a particular field. If the patient wants to live, he has no option but to seek the services of the said doctor.
Again, imagine a coach who is intentional in winning a major competition, he has no option of going to the competition with the best team regardless of whether he likes a particular athlete or not. The same principle is applicable in a professional work environment; your boss may not necessarily like you, but provided you are good at what you do, your boss will retain you. As a matter of fact, it is easier for a boss to fire an employee he likes, but who is not good in what he does than an employee he hates, but who is good in what he does.
The moral of this assertion is that when you are good at what you do, you don’t need much advertisement, your work will surely speak for you.
To get clarity and more insight on how being the best version of yourself works, during the on-going United Nations General Assembly (UNGA) conference, I observed that most of the speakers in the side-events were subject matter experts in their field such as climate change, health, education, security, youth affairs, technology, social development goals among others.
When you have distinguished yourself, it will be easier for people to work with you. It doesn’t matter if you have a degree or not, provided you can show results, and can speak, the world will resonate with you.
In my self-discovery journey, I have realized that one’s profession is what they are trained to do like an attorney or doctor, but your vocation is what you are paid to do like skilled job or 9-5 – your ministry is your calling, that’s where you find your talent, passion and gift. To be the best version of yourself, one has to be intentional in working on their ministries, and that’s where they will be celebrated.
Did you know you can meet any resourceful person in the world just by working on your ministry or passion. To actualize this, you will need to adopt the pareto principle which says that 20% of the effort, or input, leads to 80% of the output. The goal of this principle is to recognize that most things in life are not distributed evenly.
The key to understanding the Pareto Principle is to identify that around 20% of one’s actions on the most productive tasks lead to the most success. This principle enables us to spot the few important things that are happening and ignore the mass of unimportant and mundae things. which are serving as distractions.
The Pareto Principle is very powerful and it is applicable in many areas of life, including in business, relationships, learning, and marketing.
To become the best version of oneself, one must endeavor to discover their purpose and have the courage to pursue it with hard work, and believe in the power of luck to actualize it. I say this because it is very true for one to do all they are supposed to do, and still miss the opportunity because they don’t have luck. So, one has to be strategic in positioning themselves for the right opportunity. When you work according to your purpose and gift, it’s very easy for people to see how extraordinary you are.
Being the best does not relate to academics alone, one can be the best parent, employee, friend/partner, teacher, student, leader, athlete, and many more.
The best don’t really come to you by way of words, but actions. One can be the best by knowing himself and what’s unique about him. As a matter of fact, knowing oneself is the foundation of being the best version of oneself. It’s so sad that many people don’t really take time to understand themselves and that’s why they find themselves in a cobweb situation sometimes.
When you know who you are, your strength, weaknesses, personalities and what’s unique about you, you will stand a better chance to make the right choice because you will have clarity. This clarity will enable you to unleash your potential when you fail. It will also assist you to network with the right people, maximize your time wisely, appreciate who you are, and meditate day and night.
Being the best doesn’t always come easy. One must put effort to learning and doing the needful to get the desired attention and traction. Also, one must endeavor to get a mentor, who will advise and constructively criticise where necessary.
In conclusion, to discover what’s best about oneself, one will need to meditate, seek the face of God, know what makes them happy, explore other areas of interest by serving and volunteering in different capacities. Once you discover the niche that makes you happy, please spend valuable time to develop it because the day you discover your gift and what’s unique about you, that’s the day you become a millionaire.
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 and Unleash Your Destiny . He can be reached via info@gloemi.com
By Henry Ukazu
Dear Destiny Friends,
Whoever says that money is not good is probably not aware that money solves most, if not all of life’s challenges. Without equivocation, money is good. It facilitates a lot of work and smooths the process. Rich, wealthy, and informed people, who understand how money works, know very well; you can use money to buy time, the same way the poor use time to buy money.
We all desire money but unfortunately, we fail to understand the principles surrounding the making and spending of money. It surely has a secret like any other area of life; every business has a secret, every family has a secret, every individual has a secret, every industry has a secret, every marriage has a secret, every team has a secret, and even every secret has a secret of survival. And if one does not understand the secret of any industry, they will have a hard time navigating through the industry.
Couple of years ago, I wrote an article titled, The Relativity of Success. In that article, I stressed on the importance of balancing life and success. While some people might value money, other parties might value family, career, health or even time. However, most people erroneously think money is the yardstick for measuring success. Yes, money might be one of the yardsticks, but it’s not the ultimate yardstick.
The secret to attracting money is by having a value the world needs. Value is very broad and relative. What might be valuable to someone might not be valuable to another person. But when it comes to money, value is a currency. To acquire this currency, you must either have a service or product that solves a problem.
It’s only lazy people who think they can easily attract money without doing any form of work. Isn’t it true that there’s no free lunch anywhere. Even when lunch is supposedly free, somebody has paid for it. Even if you don’t have a product or service to offer, please endeavor to have a sustainable value, which may be network, access or a form of information which boosts your resourcefulness.
I strongly believe everyone has a form of value, and there’s no harm in asking the question ‘how can I be of help to you?’ Everyone likes a helping hand, even a perfectionist.
According to Dr. Yomi Garnett, an accomplished ghost writer, “the money you will ever need to fulfill your obligations has been kept somewhere for you. It’s in the pockets of the people around you. However, they will release the money to you only if you add value of some kind to their lives. You can do this by offering some services or selling some products. Since you now know where your money is kept, resolve today to discover what product you should sell or what service you should offer to access their funds, but remember, all you must be in accordance with God’s principle.
Further to Dr. Garnett’s assertion, the money we seek is in someone’s pocket. The only guaranteed way of getting the money is by appealing to their conscience on what works for them. Unless you want to rob them of their hard-earned money, you can do simple research on what they like. For instance, if the person likes jokes, you can consider making them laugh, if the person is a sapio-sexual being, consider investing in knowledge and putting up a programme of interest that can strike a conversation. If the person likes supporting “causes” consider the option of having a Non-For-Profit organization and explain to the person how your organization matches their interest. Nobody likes to invest in what they are not passionate about.
Let me share a personal experience with you. I derive interest in networking with resourceful people, and as much I have met the rich and might in the society. I initially felt that because we are friends, a part of their wealth will flow to me, but that’s far from the truth. When I began to add value to my life by publishing inspiring and educational articles, published my first book, incorporated my company, got interviewed in television, began to market to book, my company and brand, my resourceful friends began to take me serious by inviting me to their club meetings in addition to having high level business conversation with me.
The moral here is that while I was searching for money, there were certain people I wanted to meet, there were certain doors, and opportunities I was hoping to attain, but couldn’t get their endorsement because I’m yet to mature into the opportunity. But when I added so much value, not only did my mentors and resourceful people begin to take me seriously, they also began to relate with me as a contemporary associate.
This principle is applicable in every sphere of life. Whatever you want to do, whoever you would like to meet, and whatsoever you desire, you must endeavor to do some work. Nobody literally comes to you because you appear to be nice. In the grand scheme of things, values, principles, interest, and intentionality that bring people together.
In conclusion, if you desire an opportunity, money, network and many more, you must show relevance for people to take you seriously, and not only invite you to the table, but also offer you a seat.
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
