ELECTORAL ACT, INEC AND RIVERS GUBERNATORIAL ELECTION
By Felix Balogun
It will do our Democratic experience all the good if concerted efforts are made not only to raise caution against surreptitious dissipation of energy which seek to revert the gains of the electoral processes; but also ensure that records are put in the right perspective for the sake of tomorrow. While it’s good to congratulate Rivers State Governor, Nyesom Wike, on the Supreme Court decision which favoured him, it’s of utmost importance to admonish him about his utterances.
Before this landmark judgment, Mr. Wike had made many uncomplementary remarks about one of the most important institutions that sustain democracy. He didn’t spare the Independent National Electoral Commission, INEC, in his misplaced diatribe as well as its Chairman, Prof Mahmood Yakubu . During his thanksgiving while celebrating the Supreme Court verdict, Mr. Wike made disparaging statements about Prof. Yakubu.
We wonder why our political class always throw caution to the winds once they feel situation is not favoring them. Before the judgement, Wike insinuated that the electoral umpire failed in its constitutional responsibilities with respect to Rivers State. Even when the judgment which favoured him was pronounced by the Supreme Court, Wike continued his reckless statement and attack on the INEC and its Chairman.
As a lawyer, the Governor of Rivers State is supposed to know that INEC doesn’t just fix dates for elections, but the provision of the electoral acts determine it. For the records, it is not the duty of INEC to fix dates for re run elections or even general election, as it takes cue from the provisions of the electoral act which are clear about days to look at before fixing new election dates.
INEC didn’t make the laws, it only implements the laws as passed by the National Assembly . We agree that our laws are not perfect, shifting the blame and seeing INEC as one that is compromised is uncalled for.
The Rivers State Governor’s statement on the days fixed for the rerun of State Assembly Election smacks mischief as the time for such exercise are stipulated in the electoral acts. It is unthinkable, ridiculous and uncalled for to accuse the Chairman of INEC of wrongdoing . One expects him to consult the electoral act which is very unambiguous on whose responsibility is it to fix election dates. If he had clear knowledge of this, he wouldn’t have made such comment concerning the INEC Chairman.
At this point, I begin to wonder if it was justifiable, all the accolades passed on the immediate past Chairman of INEC, Professor Attahiru Jega, who supervised the elections especially the Rivers House of Assembly. The election into the House of Assembly in Rivers State was an election that was adjudged the worst in the history of electioneering in Nigeria. How will one defend the fact that more than half of the State House of Assembly and National Assembly elections were cancelled by tribunal with calls for fresh election. How can such a man, Jega, that precided over the election be showered such enconmiums?
The tribunal rulings no doubt showed many things went wrong during the election. Wike’s futile attempt at shifting the blame on the new INEC chairman, Yakubu, who inherited the mess of the past election in the state is uncalled for and shows high level of insensitivity.
There is a need to build and strengthen our institutions including INEC. Public of holders should make themselves familiar with the law as enshrined in our constitution and electoral act. Doing this will empower our political class so as to be part of the process that will strengthen Democratic institutions. Prof. Mahmoud is not INEC, but rather INEC Chairman and for him to operate and succeed he needs to adhere to laid down rules as that is the only way to strengthen our institutions.
The Supreme Court verdict details were released few days ago; the central point of the judgment is that if not for technical issues raised as known to law, the Rivers Governor’s case would have been history. Otherwise there would have been a call for fresh election which would have been an avenue to correct all the wrongs committed then during the electioneering period. If that had happened, we wonder what would have been the reaction of Mr. Governor. Our political class really needs to change its perception and show commitment to building of institutions and not individuals.
The new INEC chairman needs all stake holders’ hands to be on desk and issues of buck passing should be put aside. What is most needed now is support and not casting aspersions based on sentiments. The Electoral act is explicit about when to fix a canceled election. INEC doing its jobs in accordance with the law should not be mischievously termed as doing a bid of the ruling party. If the Governor has any case against the provisions of the electoral acts, the honourable thing to do is approaching the National Assembly which passed it into law not attacking an Institution which is legally empowered to carry out those provisions.
The Rivers State Governor should be concerned about how his party will win the rerun instead of trying to ridicule or rubbish the INEC. He should be more concerned about how to win the cancelled votes as well as the support of the people and stop blaming the INEC and its Chairman for his predicament .
This was an election that even the international Observers reports show high level of irregularities and violence which was perpetrated by both leading parties. Can we say the cause of the recorded high level of irregularities and ballot box snatching and stuffing was the handwork of Prof. Mahmood Yakubu was not the Chairman of INEC at that time? Electoral violence should be checkmated and curbed and all variables needed to conduct free and fair election should be the main target of the stakeholders and not shifting the obvious blame to a new man at the helms of affair.
INEC Chairman and his team also need to jig the entire system so as to ensure that what is budgeted for is released for what is meant for,and also ensure that bad eggs are flushed out of the system. The political class should show more decency and restrain in rubbishing our institutions once issues seem not to be in their favour.
Balogun writes from Abuja