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CHALLENGES OF FREE AND FAIR ELECTIONS TOWARDS 2011 GENERAL
ELECTIONS
STRUCTURAL PERSPECTIVES
Challenges of free and fair election in any democratic setting could best be
viewed against the structural setting of the environment i.e. the electoral
management bodies involved in the conduct, supervision regulating and
adjudicating over all elections in that jurisdiction.
Election Management Bodies and Democratic System Of Government
Election management bodies occupy a strategic position in the electoral
process and by implication are decisive for the success of any democratic system
of government. Since they are charged with the responsibility of organizing
elections, their omission or commission could make or mar elections.
This paper examines the challenges of free and fair election and the
relationship between election management bodies and the institutionalization of
democratic governance. The focus is that an independent, impartial, transparent,
effective and efficient electoral management body is a prerequisite for the
institutionalization of a viable democratic political system.
The variables which determine a credible election management bodies are:
Independence, Transparency and Impartiality.
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CONCEPT OF IMPARTIALITY
Impartiality is another variable which determines the credibility of election
management bodies. Members of election management bodies are human beings
and are likely to have their party preferences. However, such preferences should
not in any way affect their official duties.
Care should be taken while recruiting temporary staff who are employed
during registration and election exercises to ensure that card carrying or die-‐hard
partisans are not recruited. This can be achieved through a careful screening
exercise.
An impartial election management body deals openly and on equal terms with
each political party. This is to ensure that each party has equal access to the state
– owned media, freedom to campaign and respect by candidates and parties of
limits set for campaign expenses.
NEEDS TO SITUATE ELECTORAL MALPRACTICES
There is a general need to situate the prevalence of electoral malpractices
in an amoral political culture, whose thrust is anti-‐democratic in significant ways,
and which shows general indifference to the desecration of the electoral process,
whereas, much lip service is paid to upholding the sanity of the electoral
process, the full weight of the law is not generally and typically brought to bear
on those who desecrates it, except in some rare cases; nor has the moral outrage
voiced by some being channeled. Again, except in a number of rare cases, into
outbursts of spontaneous collective political and social action or the expression of
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people’s power within the ambit of the law that would shame and
penalize perpetrators of electoral malpractices and deter would-‐be-‐perpetrators.
PAINS OF ELECTORAL LITIGATION
The situation is understandably fed by the tardy and expensive nature of
the country’s judicial process and a legal culture, which deliberately encourages
violation of the spirit of the law, through taking advantage of ambiguities in the
letter of the law and hiding behind procedural technicalities in the judicial
process to frustrate and prolong litigations. The result is a cynical resignation and
a general disenchantment with the electoral process.
The need for Nigerians to stand and defend their suffrage irrespective of
intimidation of any sort is imperative. We must be ready to create and strategize
to create a democratic men and women in the country that will be ready to
defend their votes.
In handling this subject at hand, I feel challenged because of my experience
as a victim of election fraud which spanned about four years in my state. In fact, I
feel more challenged because I had an insider account of the details of the
intricacies and politics of election crisis in Ekiti State in the last few years. Coming
from the background of a politician who shares similar experience with Governor
Adams Oshiomhole on mandate stealing through the mighty powers of the ruling
party at the Federal level, it is incumbent upon me to share my experiences and
what I consider the viable options for electoral sanctity in our country Nigeria.
The credibility or otherwise of electoral process becomes one major factor
that determines the acceptability index of a nation in the wider comity of nations
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where respect for the choice of the people in electoral process
has contributed greatly to the economy well-‐being and social security of the
people in Africa.
In recent history in Africa, we have seen that played out in South Africa and
Ghana. In these countries, not only has the modern world seen that these two
countries hold much promise for their people, but also that they have become a
reference point as a model of transparent electoral process in African continent.
For Nigeria, sadly one of the countries that gained early independence from
colonial rule, the stories that have emerged are sad memories of electoral frauds,
which had led to sudden changes in government with the succeeding
governments posting worse results in the conduct of elections. For instance,
while the Western Region parliament poll fraud led to a crisis that snowballed
into the emergency rule that triggered further crisis in the First Republic that
eventually led to the civil war, the Second Republic election that Nigerians
thought would mark a beginning of electoral sanity turned out to be a veritable
impetus for the military take-‐over of government. Massive electoral heists in
various parts of the country and the backlash in people’s angst was what the
military needed to sack the Second Republic.
What could have been a safety valve was truncated by the military when it
annulled the freest and fairest election in June 1993. What followed were mere
selections of candidates by godfathers in the primaries which further set the tone
for desperation by the contending parties in which case the parties controlled by
moneybags and vested interests always carry the day against the current of
people preference, which further erodes the confidence of the people in the
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sanctity of the ballot box. For example in Nigeria in 2007, the
Party that controlled the commending height of the Federal authorities made no
pretence about its insistence on abridging the right of the people in the choice of
their leaders. Votes were allocated to the candidates of the ruling Party at the
detriment of more popular candidates in opposition Parties.
Litigations of the election tribunals clearly showed that things were not
working according to the expectations of Nigerians who desired transparent
process of electoral contests. Several years after the poll, those who fraudulently
found their ways to the seat of power were illegally directing the affairs of their
states using state funds to prosecute their cases at the tribunals. While impostors
closed their eyes to the shame they have brought upon themselves and the
nation, the highly partisan and irresponsible electoral umpire, the Independent
National Electoral Commission (INEC), did not help matters.
Often in hand-‐in-‐glove with the ruling Party, INEC under Prof Maurice Iwu
showed itself as the worst in the supervision of electoral contests in Nigeria.
The victory we celebrate today in Edo State is one singular relish of
electoral fraud by the ruling Party in cahoot with the electoral umpire. By the
Appeal Court ruling, Comrade Adams Oshiomhole clearly won his election in 2007
only for him to retrieve his mandate two years after.
The period of litigation in court in Edo State clearly showed the side-‐effect
of illegitimacy marked by decayed infrastructure, mismanagement of funds and
general dislocation in the governance process as we have seen in Kenya in
December 2007, and in Cameroon and Zimbabwe in 2008. The same played itself
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out in Ekiti. From our experience in the last few days after our
inauguration, decayed infrastructure hallmarked almost four years administration
in Ekiti State.
Indeed, the worst form of electoral fraud manifested in the 2009 rerun in
the Ekiti State governorship election in which I was the prime victim. That
singular sordid experience put Nigeria on the hall of infamy in election process
across the world. Widely criticized as the worst form of poll management in the
choice of the people’s leaders, the world rose in unison to put a question mark on
Nigeria’s image as a country that can take a front in modelling democracy a
system of government that can drive a free and just society, which of course is
one factor that in turn drives development and growth. It is however gratifying
that the revelation at the election tribunal and the perseverance of Ekiti people
gave them victory, which was celebrated across the globe.
But all these inadequacies, both man-‐made and human errors, which have
hampered Nigeria’s march to electoral Promised Lands can be taken care of if
deliberate policies and measures are put in place. Even though reform process
that could cleanse the conduct of election in Nigeria was instituted, what we have
seen thereafter clearly pointed out that Nigeria as a nation has missed the mark.
It is however regrettable that after the efforts and funds expended on this,
what can be said today about that initiative is a resounding loss of faith. This is
more so as the authorities of government that ought to add fillip to the rebuilding
of acceptable conduct of elections are themselves stumbling blocks in the way of
free and fair elections.. For example, the National Assembly has thrown out
Justice Mohammed Uwais recommendation on the appointment of INEC leaders
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by the National Judicial Council (NJC), which should have served
as a neutral organ of government in charge of recruiting capable hands in election
management instead of leaving the appointment in the hands of a partisan
President whose choice of INEC officials is first condition for suspicion among the
opposition parties.
As it stands today, particularly in reference to the last rerun election, it is
clear that deliberate measures have to be put in place for a free and fair elections
in 2011, as it is believed that it is not the electoral laws that are actually
responsible for the inadequacies in our election process but the actors, most
often in the ruling Party who employ do or die tactics to subvert the people’s will.
They do this through devious manipulation and government machineries at their
disposal. These elements are still around, which further hightens fears that 2011
polls may as well succumb to the evil machinations of dor-‐or-‐die politicians.
Indeed, what actually bothers the minds of Nigerians is that those who
should ordinarily act as statesmen and vanguards of social change are themselves
the architects of the current sorry state of our electoral process. For instance,
former President Olusegun Obasanjo, who Nigerian State has so much invested in
for both personal comfort and robust international stature later turned against
Nigerians by getting himself involved in unbridled manipulation of state power to
strangulate electoral space. In his avowed commitment to that sordid agenda,
Obasanjo declared to the bewildered Nigerians that 2007 general elections would
be a do-‐or-‐die affair. What truly followed during the elections was an audacious
poll robbery through thuggery, ballot stuffing, votes manipulations, compromise
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of INEC officials through intimidation, complicity by
security agencies in favour of the ruling Party, particularly as witnessed during
rerun poll in Ekiti State.
In fact, Ekiti State rerun in which I was a prime victim provides me with
enough insight on the challenges the nation may face in 2011 elections. What
reinforces this line of thought is that even though the late President Umaru Yar-‐
Adua admitted that his election was fraught with irregularities and indeed set up
an election reform panel to fine-‐tune the nation’s electoral process, what
followed in the few States where rerun or bye-‐elections were held even with
Professor Attahiru Jega at the driver seat gives no hope that we may not witness a
worst scenario in the next election.
It is in this light that Nigerians must insist on minimum standard that guarantees
the sanctity of the ballot box, which of course remains the vehicle for a stable
government that in turns guarantees socio-‐economic development. The Ekiti
State scenario under Mr Segun Oni has produced enough evidence that the
problem of illegitimacy is unquantifiable. Apart from litigations, the fear of the
unknown unsettles the man on the driver’s seat, thereby limiting his scope of
developing strategies to address the state problems.
Part of this is the issue of seeking favours in many quarters. This goes with
unnecessary application of state’s funds to seek favours from both real and
imagined influence peddlers.
To guide against the identified lapses in 2011 general elections, all these
problems need to be tackled and new strategies evolved for Nigerians for once to
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beat their chests that indeed they are in the starting block to
grow democracy for social change and development.
The challenges of free and fair elections are indeed enormous. They start
from the outset of electoral process namely party primaries. The challenge we
face through party organs on this is great. We have the problem of manipulating
the choice of party candidates through overbearing attitude of political
godfathers and manipulation of the entire process to achieve pre-‐determined
ends. This manifests in the circumvention of the provisions of party constitution
to secure undue advantage in the process of selecting delegates that would elect
party candidates. This is already creating a serious problem in the ruling party at
the Federal level. It should be noted that the current stalemate in the second
amendment to the Electoral Act is as a result of foisting an agenda that would
make for direct delegates to participate in the election of candidates. By this
arrangement, personal aides and political appointees would become delegates for
the selection of party candidates. This of course can only lead to an advantage in
favour of the Principals, which questions the credibility of the choice of
candidates by the appointing bosses who call the shots. The desperation that
goes with this is unquantifiable. Apart from limiting the scope of people’s choice,
the candidates that emerge through this process often become willing tools in the
hands of those who plotted their ascendancy. We have seen this in Ekiti State
where we had no evidence that Mr Segun Oni had any agenda other than to
satisfy the whims and caprices of those that foisted him on the people.
More troubling is the law governing elections in Nigeria. As we speak, no
one is sure of how the new Electoral Law will look like except that at the moment,
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the most crucial element in the election reform process has been
thrown out by the National Assembly whose members believe that having a truly
independent electoral umpire will undermine their return to power, hence the
rejection of the recommendation in the Mohammed Uwais report making the
Nigeria Judicial Council the recruitment authority of INEC officials to guarantee
the independence of INEC.
One other element critical to free and fair elections is the voter
registration. As seen in Ekiti State in the April 27, 2007 election, the problem of
underage registration and multiple registration set the tone for election
manipulations. This clearly showed at the tribunal hearings of the litigation that
arose from the fraud that characterized that election. In some of the registers, it
was discovered that multiple registration led to the inaccurate number of voters.
The tragedy of this is that such fraud did not arise out of human error but a
deliberate plan by politicians to have numerical advantage in election results. For
instance in Ifaki Ekiti, Mr Segun Oji, who usurped the powers of Governor for
almost four years, registered in more than one place. In one place, he was
registered as an artisan while in the other, he registered as a civil servant. This
and other several instances were revealed at the tribunal hearing.
Closely related to this is the problem of adequate time for credible
registration. As we speak, no one is sure as to when voters registration will
commence. Apart from the bureaucratic bottleneck that dogs the award of
contract for the Direct Data Imaging for voter registration, the ability of the
contractors and reliability of the machines are not what can be guaranteed at
least for now. What this can expose the system to is an ad-‐hoc arrangement
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including the use of the discredited voters’ register to
conduct 2011 general elections.
Even if the equipment and other logistics are well on ground, one other important
factor Nigerians must contend with is INEC personnel. As we saw in Ekiti State ,
particularly during rerun election, it is clear that the most daunting challenge
facing the electoral umpire today is the crisis of credibility on the part of INEC
officials.
With particular reference to Ekti rerun, we all saw the shame that characterized
the entire conduct of the elections. For instance, Mrs Ayoka Adebayo, who was
the Ekiti Resident Electoral Commissioner, in the midst of the announcement of
the results refused to conclude the declaration of the results, citing pressures to
announce fake results. She resigned and went into hiding only for her to emerge
days later after she was declared wanted by the Federal authorities to announce
the result she had earlier rejected.
Also at the tribunal hearings were revelations over official complicity by INEC
officials. It was clear through the pieces of evidence by INEC officials that they
were choreographed to follow same pattern of evidence presentations. But for
the ingenuity of the prosecuting counsel, some INEC officials would have gone
away with their fake evidence during cross examination sessions.
More intriguing was the collaboration between the security agencies and INEC
officials particularly as seen in Ido Osi. The security agents literally provided cover
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for INEC officials to perpetrate fraud. For instance, as the PDP
thugs set fire on INEC building at Ido Ekiti, the security agents watched on in
ecstasy. And during tribunal hearing, police declared that the building was burnt
by unknown men, even as a PDP member testified that he led a band of thugs
that set the building on fire as policemen watched because the arsonists were
PDP members.
Even though all these atrocities were reported by the monitoring teams
comprising NGOs, members of international agencies and journalists , it was clear
that these observers were overwhelmed by the inadequacies of INEC in providing
a conducive environment for the observers to functions optimally. For instance,
some remote parts of certain areas could not be accessed by the observers, and
most of these areas were fertile grounds for election manipulations. It was
therefore not surprising that in some voting centres t, the number of accredited
voters were less than the results returned. In other words, the results returned
were higher than the number of those physically present to vote during the
election.
Another problem is the avalanche of corruption charges against the Judges of the
election petitions tribunal. The Osun State presented a bizarre spectacle of
shame and corrupt conduct of the election petition tribunal Judges. In the first
tribunal that tried Raufu Aregbesola’s case incontrovertible evidence was proved
in the discovery of correspondence between the defence counsel and the Judges.
In a drama that shocked Nigerians, the calls log of MTN was shown where the
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defence counsel within the hours of court hearing were exchanging
text messages with the Judges on the direction to follow during the cross-‐
examination. This led to the quashing of the tribunal judgement for another
tribunal to be set up to retry the petition.
If Osun case was bizarre, the Ekiti case was intriguing. Against the run of common
sense and application of law, the Judges freely awarded reliefs to the law
breakers in the case. For instance, the Judges said the ACN members burnt the
INEC office even when evidence by a PDP member incontrovertibly suggested PDP
thugs torched the building. He was never cross examined to discredit his
evidence.
INEC official, Innocent Akao, in open court disowned the results declaring Mr Oni
as the winner. The Judges also said Mrs Ayoka never resigned even though the
police, a co-‐defendant in the case, admitted that the woman actually resigned
and was declared wanted to defend the allegations in her resignation letter.
Figures in unsigned or altered documents were awarded to the defendant by the
Judges, and all evidence of violence was overlooked by the Judges in favour of
the defendants.
All these lapses militated greatly against the transparency of the 2007 elections
and the rerun polls that followed.
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To mitigate all these shortcomings, therefore, the
institutions of electoral process must be strengthened to ensure credible polls in
2011. This must start with internal democracy within the parties to ensure
credible primaries to elect party candidates. Credible primaries will ensure the
elimination of imposition of candidates by godfathers. The proposed
amendments to the Electoral Act must be credible enough to ensure the right of
party members and voters generally to freely vote for candidates of their choice.
It is gratifying that Governor Adams Oshiomhole actually started the crusade for
free and fair balloting through his one-‐man one-‐vote crusade. This initiative is
commendable as it remains the only option that can generate stable democracy
in our country.
All encumbrances on the way of effective sourcing, deployment and application of
equipment for voter registration must be checked and effective security of these
equipment maintained. To ensure credible conduct of INEC officials, recruitment
strategies must be strengthened to ensure that only non-‐partisan Nigerians are
on board of INEC. This is where Uwais’ report is relevant. The NJC should be put
in charge of recruiting credible Nigerians to conduct elections.
It is also important that the functions of the security agencies in election
monitoring be redefined to insulate them from partisan. Among this is to hold
the security agents accountable for all the lapses in the areas where they
supervise elections.. Also relevant is the training of the NGOs in election
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monitoring activities while they are equipped with necessary
tools to carry out their duties particularly in difficult terrains.
It is also important to introduce Election Offences Tribunals to try election
offenders. This will act as a check on the activities of election riggers.
More importantly, one-‐man, one-‐vote crusade must be taken to all corners of the
country.
These are the challenges we face today in our nation as we march to strengthen
the institutions of democracy for economy growth and progress. The challenge is
more daunting because there are road blocks on the way, some of which are
deliberately created by politicians who are averse to decent way of conducting
men’s affairs. It is a challenge we face both individually and collectively to build a
society that can raise its head in the comity of nations that are today dictating the
pace in shaping policies for growth and development across the globe
Another election is around the corner, just about five months to come, the
INEC chairman Prof. Attaihiru Jega said his biggest problem is time and not
money. Many have argued that the time-‐table for the polls is just too narrow for
any meaningful result to be achieved, but the biggest headache of the majority is
neither the time nor the money, it is whether Nigeria can indeed hold credible
polls. Will the country make vote rigging unattractive? Will the electorate look
away from the fleeting offers of bribe from desperate politicians to vote as their
conscience leads them?
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Will they vote and insist that their votes must count?
Will the authorities do everything possible to break the jinx?
Or will we walk the Oshiomole, Mimiko and Fayemi path again?
Never and never.
Governor Oshiomhole, ladies and gentlemen, I thank you very much for
giving me this opportunity to once again ventilate what I know about the crisis of
confidence we have about electoral process in the country. It is hoped that all the
issues raised shall be of immense advantage for us to rethink Nigeria where
opportunities are provided for the citizens to rediscover themselves. It is only in
the atmosphere of freedom that we can release our entrepreneurial potentialities
to grow our economy for the survival of our great country Nigeria.
Thanks and God bless you all.
Dr. Kayode Fayemi.
2010
