The year 2019 was a major year for Nigeria. Going in line with the constitution, stakes were high with what was meant to be a defining moment for the country – the general elections. After months of preparations on all sides including election umpire, the Independent National Electoral Commission (INEC), political parties fielding candidates at all levels, civil society groups, the electorates, local and international monitors/observers, as well as other stakeholders, the stage was set for keenly contested elections that would provide leaders from the local government level to the presidency.
Despite a major hiccup that saw a last-minute shift in election dates, INEC eventually made its announcements with the biggest being the return of President Muhammadu Buhari to power, having bested out other candidates including former Vice President Atiku Abubakar, Fela Durotoye, Omoyele Sowore among others. With mixed reactions trailing these election results, just like previous election cycles, it wasn’t long before a myriad of election petitions started flowing in.
President Buhari’s win was contested by not one but four candidates, with petitions filed by People’s Democratic Party (PDP) candidate, Atiku Abubakar, Hope Democratic Party (HDP) candidate, Ambrose Owuru, Peoples Democratic Movement (PDM) candidate, Aminchi Habu, and Coalition for Change candidate, Geff Ojinika. According to a 2020 report by Daily Trust, a total of 807 election petitions were filed in the aftermath of the 2019 elections, bring total petitions filed between 2007 and 2019 to a whopping 3,479. This continues a trend that has caused major concern for both election observers and the electorates.
While an essential part of the democratic process with some having some level of merit, election petitions, and the constant contesting of announced results have become an all too common procedure in Nigeria. On an international scale, Lawyer and activist, Muiz Banire, SAN, recognizes the negative image these petitions give the Nigerian electoral process, saying, “Many lawyers wonder what we mean when at international fora we claim to be election petition lawyers from Nigeria. They wonder how we manage to survive, as elections only come once in four years.”
To deal with the arduous task of deliberating and resolving these election petitions, thousands of taxpayers’ monies are directed towards servicing the tribunals and courts, lawyers working for INEC and other logistical expenses. There is also an unnecessary diversion of manpower that would have been best suited for other beneficial purposes. However, to fully understand this issue, it is imperative to acknowledge and attend to certain factors that drive it.
Poor Sensitization of Voters
A majority of the petitions filed post elections, stem from errors recorded during the actual election process itself with some of these errors traceable to the voters themselves. Without proper orientation, most voters, especially those in the rural parts of the country, find it hard to understand the voting process, resulting in mistakes such as double thumb printing, muddles up ballot papers, etc. It is important for the electoral body to take out time prior to the actual election cycle to educate the electorate on the voting process. When the electorate is familiar with the mode of voting, it reduces the margin of error on their end, making it easy to efficiently collate votes.
Proper Vetting by Political Parties
This point serves as the basis for one of the most controversial election cases the Supreme Court has had to deal with this year, where the apex court sacked the All Progressives Congress (APC) governor-elect in the November 16, 2019, governorship election in Bayelsa State, Mr. David Lyon, and replaced him with Peoples Democratic Party (PDP) candidate, Senator Duoye Diri after the opposition party had challenged the joint candidature of Lyon and his running mate, Biobarakuma Degi-Eriemienyo, on the grounds of alleged certificate forgery.
It is quite irresponsible that after several election cycles starting from 1999’s democratic rule, political parties fielding candidates, and election body, INEC, is yet to come up with a thorough vetting process that saves the public from dealing with countless forgery allegations. Starting from the presidency, almost every level of government has had one public office holder whose educational background has been questioned – a majority of these questionings happening after they have been elected into office. To prevent this from becoming a new norm, candidates need to be properly scrutinized and vetted by the parties they represent, and the electoral commission before they are presented to the general public. Also, candidates who are found guilty, need to face serious consequences, as simply removing them from office does little in setting a precedent for other politicians.
Election Spending
While INEC currently has laws pertaining to funds spent during the election period in terms of campaigning by political candidates, the money spent during elections in Nigeria in comparison to the country’s general standard of living is a major cause for concern. From the fees set by political parties for expression of interest and nomination forms, money spent in convincing delegates during the primary elections, to the sometimes ridiculous amount of money spent during the general campaigns, candidates invest a lot in the election process.
Elections in Nigeria are slowly becoming a popularity/wealth contest as opposed to a contest between qualified candidates. Some electorates have been conditioned to view their votes as merchandise to be sold to the highest bidder, motivating candidates to fight tooth and nail financially in a bid to win elections. So what happens when you lose after sinking so much money into an election? Well, accepting defeat becomes a major issue because the election has become a financial venture which has to yield profit, taking this into consideration, most candidates seek redress in court with the hopes of a win. To curb this, the statutory limits for campaign expenses need to be properly enforced and monitored by INEC.
Inefficient Staff Creates Room for Mistakes
Another major issue that drives the election petition industry can be traced to errors from the agents assigned to elections themselves. With a small staff strength in comparison to a large voting public, INEC has over the years involved members of the National Youth Corp in the election process. However, to ensure efficiency on the part of both regular and ad hoc staff, proper training is required to avoid preventable errors that make results contestable. From wrong entries to botched signatures, several man-made errors breed doubt in candidates and the general public. This eventually motivates most candidates to take up cases in court, using these errors as evidence.
To deal with this, funding for the commission needs to be increased in order to ensure that agents are properly trained before the election process actually kicks off.
Election Fraud and Violence
Over the years, Nigeria has struggled with controlling incidences of violence and fraud in its electoral process. In 2019 alone, several cases surrounding ballot snatching, voter intimidation, and election manipulation were recorded with a back and forth between the two major parties, the PDP and the APC.
Causing mistrust in the electoral process, these cases have led many candidates to question the authenticity of election results especially hot zones like the northern part of Nigeria. Most cases of violence have ended in court, with opposition parties building cases around it in a bid to contest the winners of such election, which is fair. To reduce the inflow of election petitions, it is vital to create a proper structure and process to reduce fraud and violence in elections. The commission needs to work with security agencies to ensure a neutral and safe playing ground for the parties involved and the electorates too.
While election petitions continue to play an integral part in upholding the democratic process and holding its players accountable, it is important to maintain the credibility of the process and democracy as a whole. With almost every case being contested in court, the judiciary in Nigeria is slowly taking over the role of the election umpire.
This story is part of our new series on Nigeria where we analyse electoral reform in the country ahead of the next general elections in 2023.
