Thursday, March 15, 2012

Path to credible elections in 2015

TinubuTinubu
Why is the Nigerian democracy always described as ‘nascent’? Former Lagos Governor Bola Tinubu lays out the task before politicians and election managers if 2015 elections are to meet desired standards.

Given Papa Adeyinka Adebayo’s present and past contribution to the development of our dear country, it is a fitting tribute that a book on electoral reforms, which amplifies suggestions on how to deepen our democracy and secure the future greatness of our country, is being presented in his honour.  On electoral reforms, I will return presently.  But first, I must celebrate this eminent son of the Yoruba and proud Nigerian patriot.
If you want to know why we honour Gen. Adebayo today, then you must flash your mind back to 1966, when our country was in great confusion.  He had just become military governor of old Western Region after the counter-coup of July 1966.  The country was drifting to war, and our people needed to speak with one voice to try and stop the disaster to come.  So, Papa used his clout as military governor to get Chief Obafemi Awolowo released from jail by the Gowon government.  Not only that, he called a regional conference in Ibadan, at which Chief Awolowo was made the Yoruba leader.  From then on, the Yoruba spoke with one voice and though war was not prevented, we all did our bit to preserve the unity of our country.
At his youth therefore and at the height of his military glory, Gen. Adebayo located the moral authority and leadership quality in Chief Awolowo, the avatar of development politics in Nigeria.  He did everything in his power to yield Yoruba leadership to him.  Our country was better for it.  As our Papa accorded honour to whom it was due back then, we the present younger generation are bound to give honour to him today.  Indeed, he has earned it and the stellar company gathered here to celebrate him at 84 is fulsome evidence.
Papa, your earlier days were brilliant and remarkable.  I am pleased to announce that your winter years are no less remarkable.  May it continue to be so; and may we drink from your well of wisdom for many years yet.  
Today is not unlike 1966, except that instead of the country sliding to “war-war”, our unsettled national question is making the country to slide to “jaw-jaw”.  But just as it was in 1966 when Papa was young and vigorous, it has been in 2012, when Papa is ageing gracefully with no less mental vigour.  Papa, thank you for providing leadership in our collective effort to sell the developmental idea of restructured federalism based on regional collaboration and cooperation that will give our country a jab in the arm.  With elders like you in our midst, we are sure to get it right.  May the good Lord lengthen your days.  
Now, to the second cause of celebration which is the advocacy for electoral reforms in order to deepen democracy and ensure development from good governance.  That is the focus of this book, being presented in General  Adebayo’s honour.
Nigeria needs urgent electoral reforms. The flawed elections of 2007 and even the most recent one of 2011 have exposed clearly the problems with our electoral system and its operators. In 2007, the incoming PDP government knew that its lack of legitimacy would impair its already suspect capacity to govern. To salvage its image, government inaugurated the Electoral Reform Committee. Chaired by former Chief Justice of Nigeria, Muhammadu Lawal Uwais, the committee produced a comprehensive report detailing the faults in the electoral process and enumerating 83 procedural and substantive recommendations. Key recommendations dealt with ensuring the independence of the electoral commission and of creating an electoral process less vulnerable to manipulation. If implemented, the report would have radically altered the political landscape and moved Nigeria closer to genuine democracy.  In effect, the PDP did not bargain on the Uwais Committee taking its mission seriously. In constituting the Committee, the government got far more than it wanted. 
Seeing the Uwais report as a threat, the PDP tried to hide it from the light of day and public vetting. The government was not eager to share the report because they did not want it to become the center of public discourse. However, civil society and opposition parties kept prodding.    The 2011 elections would have been a repeat of 2007 if we did not insist on fundamental changes in the electoral law and the personnel in charge. As with most attempts to reform a stubborn, regressive system, our efforts succeeded in part and failed in part.  The Electoral Commission Chairman who engineered the sordid 2007 election was replaced by a respected figure in whom civil society had confidence. We also succeeded in calling for a new voter’s registration to replace the list the former Commission head had concocted. 
Government refused to alter the selection process giving a president unilateral power to appoint the Chairman. This meant the Commission remained susceptible to political influence. It must be stressed, however, that the change in the leadership of INEC is insufficient for the total transformation of the electoral process in Nigeria. 
There are major problems facing INEC today. Some of these problems may invariably destroy the foundation of our hard won democracy and rob INEC of the much needed credibility which they have been trying to acquire. The uncheck rigging of elections with the active collusion of INEC officials, the non-independence of INEC, the manipulation of INEC by the ruling party and indeed, the non-existence of a credible voters registers register.
At issue here what needs to happen to make it possible for INEC   to perform the critical role of conducting free and fair elections, providing a level playing ground for all parties and regulating and monitoring of parties such that it is empowered to actually and genuinely perform its mandate of conducting free, transparent and fair elections. It is a fact today that the INEC we have is still infested with old and corrupt officers, the remnants of the Maurice Iwu era who remain adept at electoral manipulation. INEC is still loaded with internal sabotouers who still perpetrate acts that violate the electoral act. Can a leopard ever change its skin? No. The law is only as good as its interpreter and enforcer. 
How can INEC be the acceptable primary vehicle to oversee political parties when all political parties except the PDP view INEC with suspicion and as biased. Infact most Nigerians see INEC as an annex or extension of the ruling party at whose behest it often acts. The ruling party, PDP is now more brazen in seeking total control of INEC. Openly partisan persons and card carrying members of PDP are being appointed as Resident Electoral Commissioners.
During the 2011 elections and subsequent elections we saw an electoral system designed for easy manipulation by the ruling party, electoral laws that were undemocratic and susceptible to abuse and manipulations, a hostile security environment, and a system in which so much state money had been pumped into the system to fight the opposition.   
The INEC of today is still bedraggled with logistical gaps that make it reliant on other arms of government for assistance. This allows for those arms to exercise undue influence on the ground and this influence is wholly beneficial to the ruling party. The urgent need for electoral reforms becomes more telling in view of desperate moves by PDP using its majority in the parliament to amend the electoral act in such a way that it drastically affects the rights of Nigerians to fair hearing. The consequence of denying Nigerians justice is pouring into the streets and resorting to violence to settle election disputes.

The way forward on
 reforms

First, let me state for the records that we are determined to see that electoral reforms takes place. We want to ensure transparency and accountability in the electoral process. We desire to succeed in our campaign of one man-one vote across Nigeria. Coalition of Democrats for Electoral reforms, CODER, an NGO has been in the forefront of advocating for electoral reforms and vigilance at the polls.  
No genuine reform can start without the adoption of the Justice Uwais report. It is the only blueprint around to bring sanity into our electoral system. Starting out, it is a necessity that the appointment and composition of INEC should henceforth be truly independent to reflect the recommendations of the Justice Uwais Electoral Panel report. A situation whereby openly partisan politicians are being appointed as Resident Electoral Commissioners is unjust and unacceptable.
Unless INEC strives to perform as an impartial umpire and this must be transparent for all to see and respects the provisions of the electoral act to the later. Now we opposition parties must say no more leaning to one side by INEC. Nigeria is ripe for electronic ballot if the operators are sincere about making every vote count and putting a stop to massive rigging. There is evidence to show the method of rigging widely employed by the PDP in different states was multiple thumb printing of ballot papers, often with the connivance of   the police. These thumb-printed papers are stuffed into ballot boxes at different polling units. This method had succeeded largely in previous elections, with the perpetrators confidently believing that they would not be detected. The sanctity of the vote cast is a top agenda item not to the compromised. Our party, the Action Congress of Nigeria, ACN, has demonstrated its determination to fight the extensive rigging perpetrated by the PDP. We have gone through the rigours of the courts and tribunals and also bringing forensic experts to claim back victory and win back stolen mandates.
Under the watch of some courageous jurists, those that stole the people’s mandate were compelled to return it. Unfortunately, the PDP led government, irked by the temerity of some courageous jurists, lashed out and embarked on systematic witch-hunting of judges. From Benue to other States, we saw justice go to the highest bidder and those that had Aso Rock connections. 
Consequently, our judiciary is under siege and by the same token our democracy is imperiled because of a corrupt judicial system. Upright jurists are getting a raw deal from the ruling government. For instance, without shame or conscience, the government wrongfully plotted to disrupt the career of one of our illustrious jurists, Court of Appeal President, Justice Isa Salami. What was his crime? Because he refused to put his sense of justice on sale, they are relentlessly trying to tarnish his image and are bent on ending his career. They rumored that he was in the pockets of the ACN. This was a terrible lie against a good man. Our party has no hold on him. His verdicts were not for the ACN.  They were for justice. Justice Salami actively participated in several other election cases where PDP won. They had no complaints.
 However, those in power could not tolerate his impartiality. They sacrificed this fine jurist in order to send a clear and blunt message to other jurists: Go against our wishes and you shall lose those robes that you hold so dear. If such a thing can fall upon so senior a jurist, what hope for the others and the common man?  The answer is none, unless the public cries out against the PDP turning the rule of law from an inalienable right into a tradable item that it owns and controls. Given the Salami example, no other jurists dare cross the line. Our courts have become islands of confusion as judges are now forced to balance their conscience against their careers.
Panel, after panel cleared Justice Salami of any wrong doing. 29-eminent jurists also cleared him and went further to recommend his re-instatement. Rather than re-instating Salami, the NJC and the government of the day have chosen, in a show of raw and naked power to dance around the recommendation. The CJN does not need any more proof to act. He has in his hands a worthy and powerful document to support the restoration of Salami to his position.  
Baba Adeyinka Adebayo, you are our father and the father of the nation, you must join your voice in support of the verdict declared by the 29- legal gurus who are the fathers of the Nigerian judiciary to re-instate Justice Salami. Baba, if you have the opportunity to make just one important call-this is one that you want to make to tell  President Jonathan and the CJN that it is time to re-instate Justice Salami in the spirit of justice and the rule of law. This way, our judiciary will be salvaged and the perception of the public about the judiciary being under the thumb of the ruling party to deny Nigerians justice will begin to change. I equally call upon men and women of integrity not to sit idly by and watch justice dispensed based on political patronage and trust in the judiciary abused.

Conclusion

Thus, the ACN alongside other parties will not relent in our struggle for electoral reforms.  The Uwais report contains a fine blueprint. The beauty of democracy lies in the power it confers on the citizenry to elect the leader they want or reject those who have failed them. The solemn procession to the ballot box is and one of democracy’s fundamental pillars.
However, after these   elections, we may have been too quick to hand Attahiru Jega a trophy of integrity.  We fear INEC is now moving in the direction opposite to democracy. The pretense is there but the substance of democracy is steadily eroding. 
The time is now to reform INEC in time for the 2015 general elections. We expect the INEC chairman to remain true to his commitment to re-organize heads of departments. Serious complaints against senior officials have been ignored.  It is almost 12 months after the April elections and about time the fundamental issue of the   re-organization of INEC’s dysfunctional system rises to the top of its internal agenda.
The integrity of our ballot papers is also fundamental. The reason for the avalanche of complaints over sensitive election materials might not be unconnected with lack of due process in procurement of election materials. We want an independent INEC as the name connotes and we want a trust worthy umpire. 
The sanctity of the ballot box can only be guaranteed under an independent INEC, an independent and fearless judiciary and an electorate vigilant enough to ensure that every vote counts.
General Adeyinka Adebayo, we hope in your time, you will not see Nigeria again disintegrate, but rather, you will witness the re-bound of a great nation and a country where every vote counts. Thank you listening.

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