Ahead of the upcoming 2023 general election, a foremost civil society organisation, Socio-Economic Rights and Accountability Project (SERAP), has urged President Muhammadu Buhari to direct the Inspector-General of Police, IGP Usman Baba, to investigate the recently reported attack on the presidential candidate of the Labour Party (LP), Peter Obi, after a campaign rally in Katsina Sate.
SERAP is equally asking President Buhari to direct IGP Baba to promptly, thoroughly, and transparently investigate other cases of election-related intimidation, harassment and violence across the country.
The organisation made the demands in an open letter to the President, dated January 28, 2023 and signed by its deputy director, Kolawole Oluwadare.
SERAP further urged President Buhari to direct IGP and the Attorney General of the Federation and Minister of Justice, Abubakar Malami (SAN) to name and shame any politician and other perpetrators of election-related intimidation, harassment, and violence, and to ensure that they are promptly brought to justice.
The CSO also wanted Buhari to caution State governors to end reported suppression of campaigns by opposition parties within their States and to ensure the security and safety of opposition candidates, members and supporters.
The organisation noted that escalating cases of election-related intimidation, harassment, and violence are fundamentally inconsistent with the principle of free and fair elections.
It, therefore, maintained that investigating and prosecuting the reported cases and bringing perpetrators to justice would stop further violence, facilitate free and fair elections and encourage Nigerians to freely exercise their right to vote.
SERAP further insisted that investigating and prosecuting the cases would also promote and ensure the rule of law and democratic tradition in the country.
The letter reads in part, “The Nigerian Constitution 1999 (as amended), the Electoral Act, and the country’s international human rights obligations recognize as fundamental the right to participate in one’s government, and the free and fair elections that implement it.
“We would be grateful if the recommended measures are taken within seven days of the receipt and/or publication of this letter. If we have not heard from you by then, SERAP shall consider appropriate legal actions to compel your government to comply with our request in the public interest.
“Election-related intimidation, harassment and violence are grave violations of the rights of Nigerians to participate in the democratic process and free and fair elections, as well as a range of other human rights.
“Free and fair elections mean elections conducted under conditions that enable voters to cast their votes as they wish purely on their own accord without any threats, intimidation, harassment or violence before, during and after elections.
“Free and fair elections are indispensable for the success of any democracy. But free and fair elections cannot take place in an environment characterised by recurring cases of election-related intimidation, harassment and violence.
“Fairness means providing equal opportunities and a conducive environment for all the contending parties to present their cases to a public which, in turn, may make a free choice.”
SERAP stressed that the federal government has the constitutional responsibility to take immediate and concrete actions to reverse the trend and hold State governors to account for any infraction of the Nigerian Constitution, the Electoral Act 2022, and the country’s international human rights obligations.
The organisation said that the Nigerian Constitution provides in Section 14(1)(c) that, “the participation by the people in their government shall be ensured by the provisions of this Constitution.”
Its also stated, “similarly, the International Covenant on Civil and Political Rights, the African Charter on Human and Peoples’ Rights, and the African Charter on Democracy, Elections and Governance guarantee the right to political participation, including the right to vote.
“In particular, Article 13(1) of the African Charter on Human and Peoples’ Rights provides that ‘[E]very citizen shall have the right to freely participate in the government of his country, either directly or through freely chosen representatives by the provisions of law.’
“These human rights treaties also require states parties including Nigeria to promote the establishment of the necessary conditions to foster citizen participation, and take effective measures to ensure that persons entitled to vote can freely exercise their right,” SERAP stated.
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