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,
It is everybody’s desire to be successful in whatever field of endeavour he finds himself. It can be in career, family life, business endeavors or personal development. But there’s absolutely nothing good that comes easy. Everything in life involves a lot of hard work, smart work, dedication, discipline, network, sacrifice, prayers, and determination among a whole lot if one is intentional to succeed.
Of a truth, success is not for the faint-hearted. In all honesty, everyone wants to be ahead of everyone, especially contemporaries and funnily enough, the average human being sometimes have a bit of ill- feeling when competitors arise or seem to outsmart them either with better quality or price. The good thing about this however, is that it makes one sit up.
Now, this brings us to the essence of today’s article. For anyone to be ahead of their competitors, they must fly like the eagle. Eagles are known for their powerful build, sharp vision, and fearless nature. They are highflyers, capable of soaring to great heights, and gliding for extended periods. Eagles are also known for their tenacity, using storms to their advantage to gain altitude. Other notable characteristics include their strong talons and beaks, used for hunting, and their protective nature towards their young. These are some of the qualities that make it unique.
The eagle is not regarded as the king of the sky for fun, no. The eagle flies so high because that’s where it gets a chunk of its strength. This ability enables the eagle to take its prey and predators alike to it’s abode where it will have enough emotional and physical strength to dismantle them.
I will be sharing characteristics of an eagle to enable us know why we ought to be like the eagle if we want to soar.
VISION
The eagle has a sharp vision. Their vision is so precise. They can see farther than any animal. They possess exceptional eyesight, allowing them to spot prey from great distances. As human beings, we must have eagle eyes to know what we really want, and what we don’t want. Vision allows us to go for what we desire and deserve. When we have vision, we won’t wait for anyone to tell us when to strike. We flow through the wind despite the waves and heavy current and associated challenges. When our vision is precise, it will give people clarity to understand how they can assist us.
Let’s take a closer look at great leaders of this world who have come and gone. There are many great leaders that came and went but one characteristic that is common in all is “Vision”.
Vision is a successful leadership characteristic
You must have a vision that guides and leads your team towards the organizations or societal goals. The vision must be big and focused. A big, focused vision will produce big results
FLIGHT
Eagles are known for their ability to soar and glide, using their large wings to their advantage. Eagles can fly up to an altitude of 10,000 feet, but they are able to swiftly land on the ground. At 10, 000 feet, you will never find another bird. If you find another bird, it must be an eagle.
An eagle doesn’t mingle around with the pigeons. It was Dr. Myles Munroe who said that. Pigeons scavenge on the ground and grumble and complain all day long. Eagles are not. They fly and make less noise waiting for opportunities to strike their next prey or glide with the current of the storm.
Great leaders are problem solvers. They don’t complain like the pigeons do. They love to take challenges as the eagle does when the storm comes. As human beings, we all have our strengths and weaknesses.
It’s always good for one to take any fight to their home ground where it will give them advantage over their predators. For instance, a fish is stronger in water, but weak on land, a lion is stronger on land, but weak in water, a monkey is strong on trees but weak on air. Just like an eagle is strong on air and weak on water and land. That’s why it always takes its prey to the sky where they have greater advantage to shine.
As human beings, we also must know what we are naturally good at, the ability to know this will enable us to maximize our strength and work on our weakness. We can only do this when we know ourselves and what we are naturally good at. Our ability to focus on our expertise and what we are naturally good at will make us unique and ahead of our contemporaries.
TENACITY
The eagles are known for their ability to withstand storms and use them to their advantage, rising above the challenges. Watch an eagle when a storm comes. When other birds fly away from the storm with fear, an eagle spreads its mighty wings and uses the current to soar to greater heights. The eagle takes advantage of the very storm that lesser birds fear and head for cover.
Challenges in the life of a leader are many. These are the storms we must face as leaders to rise to greater heights. Like an eagle, a leader can only rise to greater heights if he takes up the challenges head on without running away from it. This is yet another leadership characteristic.
As humans, we all will experience challenges and setbacks, however, the ability to apply strength will go a long way to show how determined we are to overcome the hurdles that pose as challenges.
FEARLESS
An eagle will never surrender to the size or strength of its prey. It will always give a fight to win its prey or regain its territory.
Successful leaders are fearless, so we are expected to fear no man, but respect all men. They face problems head on. We are supposed to have the eagle fearless mindset regardless of how big the problem may appear. Confront your fear and rise or face your fear and run. The choice is yours.
VITALITY NATURE
One of the strongest characteristics of an eagle is their vitality. Eagles are full of life and are visionary, but they find time to look back at their life and re-energize themselves. This happens at about the age of 30. What happens is that when the eagles reach the age of 30, their physical body condition deteriorates fast making it difficult for them to survive.
What is interesting is that the eagle never gives up living, instead it retreats to a mountaintop and over a five-month period goes through a metamorphosis. As humans, we are expected to reexamine ourselves, retreat to a safe zone. We can do this by fasting as Christians, we can also do this by learning new skills, volunteering our time and seeking for mentors who can hold us by the hand to show us how the appearance of life is not the reality of life.
In conclusion, as human beings, we are encouraged to be like an eagle if we want to scale through 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 and Unleash Your Destiny . He can be reached via info@gloemi.com
By Henry Ukazu
Dear Destiny Friends,
One of the greatest strengths of a rational being is the freedom to do whatever they want. That’s a fact! But one thing is sure, and that is actions have consequences. Even at creation, Adam and Eve were given instruction to eat any fruit except a particular tree, but they disobeyed, ate the forbidden fruit, and were thrown out of the garden of Eden.
This simply means that as a human being, one is responsible for his own actions and omissions. Sometimes, we blame people as being responsible for our failures and mistakes, not realizing that nobody will insult you without your permission.
I have come to the realization that choice plays a fundamental role in our lives. The way we speak, the way we write, the way we dress, and the way we live our lives are all products of our choices. Before we eat a particular meal or even wear an outfit, we choose from a list of several options. Before we serve any deity, we make a choice, and though there may be a level of external influence, we still have a role to play in the final outcome.
In recent times, I have developed the eyes of the eagle at looking at life from a vantage position. Anything I want, I strategically sit down and make strategic arrangements which will include what I need to do and what I need to deviate from. These are products of being intentional with our choices.
One of the greatest choices we’ll make as human beings is the choice of, who we will marry and how our life will become. I say this because we are the architect of our life. If you are intentional, how you live your life matters. This also entails the kind of jobs we do and the services we offer. They all define us in one way or another.
Some people are so intentional with their life that they make so much sacrifices spiritually, academically, financially, socially and even with personal development. They know what they want, and dare to go after it no matter whose ox is gored.
While they were intentional to plan their life by making sacrifices, some people are busy living their lives to the fullest and turns around to seek assistance from the person who has planned his existence. Life doesn’t work that way.
Just to let you know how decisive choice can be in the life of a progressive mind, consider President Donald Trump, who grew up to become a successful billionaire and two-term President. His brother, Fred Trump Jr., was an alcoholic who never managed to find success. It is interesting to know that they both have the same biological father and mother. They had the same upbringing, same school, but they had different outcomes. President Trump was intentional with his life and maybe his brother made a bad choice, or he was unintentional with this life.
The moral here is that we need to quit the blame game because we are the architect of our life. “Nobody” really owes us anything. Any favor we get from people is an act of gesture and not entitlement.
So, do yourself a favour, stop blaming your parents or anyone for how your life turned out! It is not your upbringing or genes that make you a success or failure. It is the choices you make in life that make or break you. You can decide to take ownership of your life and change the course of your life for the better.
There are numerous people who have transformed their lives from negative to positive. It’s all about determination and making the right choices.
The choice we make as human beings can either make or mar us. As a man, if you are mischievous in sleeping around, with different women, attending night clubs with several women, spending lavishly without being prudent, it won’t be long before poverty locates you.
Today, I charge you to sit down, and reflect on what kind of life you want to live and begin to intentionally work on it by making the right choices. I look forward to seeing you at the top.
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 and Unleash Your Destiny . He can be reached via info@gloemi.com
By Henry Ukazu
Dear Destiny Friends,
Anyone who intends to go far in life must be intentional in stretching himself, and that explains why the importance of stretching oneself cannot be overemphasized. Nobody will assist anyone when they are not intentional in helping themselves. Someone’s ability to convince others of how passionate and dedicated they are concerning a given cause, position or project, is one of the weapons of inspiration that draws assistance. There aren’t many out there that stumbles into investing help where there’s no passion or dedication to a cause.
I will be sharing a personal, but practical experience that inspired this article with a background in my spiritual leader, Evangelist Ebuka Anozie Obi’s statement that, “I’m not preaching about Jesus Christ I heard, but I am talking about Jesus Christ I have personally experienced”. This statement captured my thoughts and mindset about this article.
In recent times, I have discovered the importance of being practical when writing or living generally. For instance, I got the inspiration to write this article a week ago when I visited the gym at my workplace. I was literally amazed to see the transformation that has taken place in my life.
The sad reality of life is most people want to go to heaven, but they are not willing to die. This means that a lot of people want to be celebrated, they are not willing to do the needful. How can people support you when you are not making an effort to succeed? Sometimes, ignorant minds want their benefactors, mentors or even destiny helpers to fasttrack their opportunities, but they are not willing to learn or do the associate work.
It’s instructive to note that your benefactors are not the lamb of God, who takes aways the sins of the world. They won’t do the work for you, rather, they will put the icing on the cake after the progressive minds must have done 90% of the work. This is just the reality of life.
Let me share a practical experience with you, I have a resourceful mentor with global influence. When my first book was ready for publication, I reached out to him to write the foreword, and he was glad. According to him, I have done something he has been willing to do for about 20 years. He was literally impressed to see my thoughts and efforts birthed into reality. The interesting thing about the success of my first book is that the book took me to New York Times, News12 in New York, United Nations in addition to introducing me to resourceful minds globally.
Imagine if I had not taken time to stretch myself, I wouldn’t have attained this height. That’s why I said, when you stretch yourself a little bit, there are bound to be opportunities and experiences that will come your way.
There was a recurrence of thesame experience when I incorporated my business, Global Empowerment and Mentoring Initiative, which helps uninformed youths and career professionals in self-discovery. Since forming the company, I have received invitations from resourceful minds, corporate organizations and contracts from the governments for training opportunities. I have also developed programs from my book and business. All this was made possible because I stretched myself.
Stretching oneself is not only limited to expanding one’s capacity, it also extends to expanding one’s mind. You can do this by reading and researching. It’s sad to know that many people find it hard to read and in fact, it is stated, if one wants to hide information from people, put it in a book because many people find it hard to read.
As human beings, we have an instructional need to stretch oneself. When we stretch ourselves, we’ll be surprised to see the level of opportunities we can attract to our careers, lives, and personal development. Stretching oneself is like taking risk, one will never know what to expect when one stretches oneself, but one thing is certain, we shall gain a new perspective and experience of life.
No great person has ever achieved success without stretching a bit further. They do this by taking unconventional paths which involve taking risks, taking certification courses, attending relevant events of interest, networking and learning from resource minds like mentors. All these are great ways of learning.
As a cultured Nigerian man, we have an adage that says, there’s no perfect time for one to learn, rather when an elderly person is speaking, a child who is there will pay attention. What does that mean? It simply means, when one stretches oneself, no one knows where the next opportunity will pop out.
For instance, when a recent graduate with a good grade, starts an entry level job, it might not necessarily be the grade that will secure the job, though it may contribute. It may surprise you to know that it may be your skills, extra work you have done or potentials that will give you the work. This simply means that one must add value to himself to attract opportunities, and attaining that opportunity entails comingout of your comfort zone.
Overtime, I have developed an intentional habit of updating my resume by adding value to my life by learning a skill every six months. Each time I add value to my work, I always see prospects each time I see someone of interest. I also evaluate my life and my work and see how I can edit my previous work and improve myself based on what I’m trying to achieve.
I don’t know what your storyline might be, but I’m here to encourage and inspire you to stretch yourself because nobody will save you other than yourself. The world is not a fair place, you just must do your best and leave the rest to God.
Do you know that stretching oneself also entails networking with resourceful and influential people. When you meet resourceful people with influence, endeavor to give them gifts as a token of appreciation for what they have either done for you, humanity or simply as a kind of gesture. That single kind gesture is capable of opening doors for you because it will separate you from other uninformed minds, who might be in the habit of begging without adding value to the person’s mind.
In conclusion, today I charge you to stretch yourself mentally, financially, socially, academically, spiritually, medically, professionally, personal development or in any other relevant area of your life and you will see your life blossoming.
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 and Unleash Your Destiny . He can be reached via info@gloemi.com
