From precedent to 2027: How can our electoral process be sustained?

By Awa Kalu, SAN

At independency successful 1960, the Union Jack which was lowered connected October 1 of that twelvemonth gave mode to the greenish achromatic greenish emblem which we inactive alert till date.

The greenish achromatic greenish is simply a operation of colours which was designed to signify abundance successful agriculture arsenic good arsenic abundance successful unity amidst our diversity.

However, contempt prevailing insecurity, contempt inadequacies successful nutrient information andS contempt inadequacies successful different facets of nationalist endeavor, my acquisition successful preparing this piece, is to place the fractures and responsibility lines successful our electoral process and suggest ways and means of preventing the responsibility lines from resulting successful an earthquake which tin ruin our electoral process. Just successful lawsuit you did not know, a notable justice of blessed memory,  Justice Niki Tobi erstwhile Justice of the ultimate tribunal successful Buhari v. INEC (2008) 19 NWLR (Pt. 1120) 246 astatine 427 – 428 expressed anxiousness astir our antiauthoritarian process erstwhile successful memorable presumption helium noted that “…The mode authorities successful this state is played frightens maine each dawning day. It is simply a combat to decorativeness affair. Nobody accepts decision astatine the polls. The Judges indispensable beryllium the last autobus stop…”

Is it important to note, that from independency Nigeria has witnessed a operation of a fledgling antiauthoritarian process arsenic good arsenic subject regularisation done coups d’etat. Accordingly this file recalls that betwixt 1960 and the aboriginal portion of 1966, this state was governed done antiauthoritarian processes. The scholar should licence maine to get extensively from what I said erstwhile Nigeria turned 60 successful the twelvemonth 2020. Thereafter which I volition statesman to analyse what our information is astatine the moment.

I person listened to vigor and tv discussions aimed astatine appraising Nigeria astatine 65, portion examining Nigeria astatine 60 I noted that “Touted arsenic the astir populous achromatic federation connected earth, recognized arsenic a state endowed with immense and extended quality and earthy resources, blessed with the imaginable to beryllium what it tin be, we are often successful hunt of the caller ideas that volition springiness fillip to our destiny. Thus, astatine independence, we were fixed a constitution which tied america someway to the Monarchy of Great Britain. By 1963 erstwhile we parted ways with that constitution, we gave unto ourselves a Republican Constitution. Then, anchored connected allegations of corruption and misrule, a coup d’état overthrew that constitution and for respective years we laboured nether subject enactment and fought a bitter civilian warfare which deepened the schisms successful the polity. In 1979, the subject retreated to the Barracks successful the content that politicians had learnt their lessons. On the past time of 1983, determination was yet different coup d’état, followed by different successful 1985 and 1993. Historians are acquainted with the flip-flop successful the formulation of policies that followed including the nonaccomplishment of a well-designed modulation to civil-rule programme nether the Babangida administration. Recognizing that it is the inalienable close of the radical to take who should modulate their affairs, the subject again retreated to their Barracks successful 1999 and person not fixed immoderate overt denotation of an volition to instrumentality contempt the predilections of our politicians, immoderate of which whitethorn dependable arsenic an invitation of immoderate sort. The information that we person had nineteen years (now 26 years) of unbroken civilian regularisation is eloquent grounds to our steadfastness”.

Continuing, I said…”let america analyse the Historical Development of Electoral Laws successful Nigeria since independence; Between 1999 and 2006, Nigeria’s instrumentality to ideology produced Electoral Acts that promised much than they worked. The 2002 Act addressed elector registration and campaigns, yet the 2003 polls were tainted by unit and malpractice. The 2006 Act expanded INEC’s powers and acceptable run concern limits, but the 2007 elections, conducted nether that act, were truthful flawed that adjacent President Umaru Musa Yar’Adua, its main beneficiary, openly admitted the defects. In a uncommon infinitesimal of frankness, President Yar’Adua convened the Justice Uwais-led Electoral Reform Committee successful 2007 to overhaul the system.

The 2010 Act brought immoderate caller provisions; fiscal independency for INEC nether Section 84, biometric elector registration, and shorter timelines for tribunals. The 2011 elections were hailed arsenic comparatively credible, impervious that amended laws could marque a quality oregon truthful we thought. Yet the hopefullness was short-lived. By 2015, controversies resurfaced. The Card Reader clashed with Section 52’s barroom connected physics voting, run concern rules nether Sections 91–93 were routinely fl...