Home Point Blank INEC MUTILATES NIGERIA’S DEMOCRACY, WILL THE JUDICIARY HEAL THE INJURY?

INEC MUTILATES NIGERIA’S DEMOCRACY, WILL THE JUDICIARY HEAL THE INJURY?

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… Let’s watch and see
By Jeff Orji

It has become crystal clear to every patriotic Nigerian both home and diaspora that the Independent National Electoral Commission (INEC) is now an albatross and sadist to Nigeria’s Democratic System. The conduct of the 2023 presidential and National Assembly polls on February 25 has continued to stir deep questions on the credibility and integrity of the Commission. Lots of domestic and international observers have noted without equivocation that the polls grossly fell short of minimum global standards. What a shame that after seven election sequence, balloting in Nigeria still remains riddled with inefficiency and tainted by accusations of result falsification, vote buying, voter suppression, calculated disenfranchisement, and violence. Nigeria do not deserve this kind of controversial electoral commission. This is despite the introduction of enhanced technological tools like the Bimodal Voter Accreditation System, and the INEC Result Viewing Portal.

All other main contenders in the presidential polls, Atiku Abubakar of the Peoples Democratic Party, Peter Obi of Labour Party, and Rabiu Kwankwaso of the New Nigeria Peoples Party, have all filed complaints because of what can be described as the most shambolic electoral process in the Nigerian history. Most elder statemen like former president Obasanjo have faulted the electoral process, noting that the results gotten outside BVAS and server are not true reflection of the will of Nigerians hence called for cancellation and fresh balloting in places where irregularities were identified. Prof Wole Soyinka frawned at the fact that Nigeria is the only country where professors rig election for politicians but expel a student for examination malpractice.

It has surprisingly continued to baffle Nigerians why logistics challenges have continued to overwhelm the commission since 1999 notwithstanding the huge fund they receive. Again inexplicable delays in delivering non-sensitive and sensitive materials close to PUs, unavailability of some other materials, inability to upload results for reasons of uncharged batteries or batteryless BVAs were the major lacunas hence leaving voters frustrated as many returned home unable to cast their votes at most polling units. Consequently, the voter turnout crashed to 27 percent from the 34.7 per cent recorded in 2019 irrespective of all the conscientious awareness at this momentous epoch. It is obvious that INEC has planned all these evil of mortgaging the future of Nigeria before the election. Little wonders why they were reluctant to give Nigerians their voters card earlier before now instead bags of Voters’cards were being found in the bushes and rivers discovered by fishermen, motorists and hunters.

More so, It becomes even more miserable with the repeated promises by the President, Major General Muhammadu Buhari (rtd.), to bequeath clean elections to Nigeria. Clearly, they were empty promises because he will not claim ignorant of INEC’s evil antics else let him proove himself clean by redeeming his promise especially on this election brouhaha. Telling agrieved parties to seek redress through the court of law is as good as consenting that he was part of the evil agenda. Nigerians expected him to cancel the election because of all that openly happened. Of cause, it’s doable. Kenya’s constitutional court cancelled a rigged ballot in 2017 and ordered a rerun. Malawi’s Supreme Court also cited widespread irregularities in overturning the country’s 2019 presidential election and ordered a rerun. The essence of taking such bold decision is because leaders occupying office on fraudulent mandates lack legitimacy and cannot unite their nations.

In another development, the impartiality of the courts and its principled stand on key politically related constitutional cum electoral issues should not leave anyone in doubt about the courage to do justice. The belief in the judiciary as the ultimate sanctuary of justice in a democracy is founded on the supposition that judges will be above reproach. Yes! It has been noted that never in the history of Nigeria has the apex court cancelled, nullified, or changed the outcome of a presidential election. For the fact that it has not happened does not mean that it cannot happen. Let’s assume that it has not happened because no such cases of presidential elections before the Supreme Court have convinced it that there was a prima facia justification. It happened in Kenya and few other places.The judgement was laudable and it saved the democracy of Kenya.

However the overloaders and hypocritical psychophants are thinking, let them be reminded that anything is possible in a democracy. They should not underestimate the judiciary’s role in correcting malfeasance. It is on this premise that I wish to state that the court must allow technical issues to take the back seat and allow substantial justice to prevail especially in this particular presidential tribunal. That is the only way we can correct a dysfunctional system and win the trust of Nigerians oncemore as all eyes are focused on the judiciary.

Of truth, most issues in past has made Nigerians to consider the Nigeria judiciary as bias and partial especially the supreme Court. Consequently, the integrity of the judiciary is on test of public view again but most Nigerians are believing that the judiciary will be impartial at the tribunal this time around. Oncemore, the judiciary will show its power and clear separation from the executive and legislature. Their job is to uphold the constitution and the rule of law and not essentially a substitute for the collective will of the people expressed through their votes. Any judicial decisions of the supreme court are final and can only be changed by itself or God. Therefore, the Supreme Court judges must be circumspect and convinced in their choices based on the laws and constitution of Nigeria from where it derives its powers.

On behalf of Nigerians of good will and good conscience, I wish to appeal and at the same time charge judges of the Supreme Court to protect the Nigerian State and its sovereignity over and above matters of justice concerning the rights of individual contestants for partisan pre-eminence. Let them understand that there must be a nation before partisan contestants acquire the right to win an election. Nigeria’s existence and growth far outweigh the issue of who becomes president. Let the judiciary understand that there will only be another election in next four years if Nigeria survives the circumstances of the moment caused by the last election’s complications.

Finally, most Nigerians will not forgive INEC for dragging us along this route intentionally after all the plans, provisions of the electoral act that was greeted with fanfare by all Nigerians, do much fund allocation and the promises of INEC to conduct a free and fair election in 2023 because of the BVAS and IREV provisions. After all the preparation and wide publicity cum exhibited consciousness of Nigerians especially the youths, we are still going to depend on the judiciary to determine the validity or otherwise of the polls. At this point of national quagmire, the Supreme Court and the judiciary must be conscious that all eyes in and outside the country are on them. Will the the Chief Justice of the Federation, Justice Olukayode Ariwoola who was appointed on 27 June 2022 as Acting Chief Justice of the Federation upon the resignation of incumbent Chief Justice Tanko Muhammad but was confirmed Chief Justice by the Nigerian Senate on 21 September 2022 deliver justice to Nigerians after a conspicuous battered national election. They are carrying the hope of the nation and must not dash that hope. We look forward to a new Nigeria where judicial incursion into politics will be minimal, if not completely eradicated. A new nigeria where our votes will count for real, a new Nigeria where we will get at least 85% voting strenghts with regards to voters’ register, a new Nigeria where politics will be all about the will of the people not money bag carriers, a new Nigeria where politics will not be a do or die affair. In God we will continue to trust.