In an apparent attempt to stave off the constitutional crisis arising from post-election litigations, stakeholders in Nigeria have intensified calls for the amendment of the country’s electoral laws to ensure that all court cases are resolved before winners are sworn in.
Senator Shehu Sani who represented Kaduna Central at the National Assembly (NASS) between 2015 and 2019, and the executive director, Abuja School of Social and Political Thoughts, Prof. Sam Amadi, insisted that the electoral process in Nigeria is a reflection of the moral decadence in the country.
The duo spoke at the 2023 House of Justice conversation on “Electoral Accountability and Democratic Stability in Nigeria” on Friday before joining the LEADERSHIP X Spaces on Saturday.
Insisting that court cases must be resolved before swearing in, Shehu Sani said election in Nigeria is a reflection of what is happening in the society.
He noted: “Our elections are the reflection of our moral decadence in the society. 90 million people registered. You are supposed to have 30 or 40 percent that should collect their PVC to vote. But is it not like that?
“The machines disappointed us at a point it was supposed to be put in use. We must ensure the results of the election are counted even if people are not winning to vote.
“Two years before the election, you will see serious preparations; you see progress made but if the election is conducted, we drift back. This is a situation where you can’t contest elections without money to pay delegates and electorates.
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“We want all cases to be addressed before swearing in. In Kaduna, a house of Rep contestants pay delegates to get party tickets. You still have to pay the electorate.
“How do we have a near perfect banking system but we can’t do that in an election? The election is getting worse. I believe one day, we will praise Mahmoud Yakubu,” Sani added, alleging that the judiciary has been dragged into politics.
He continued: “The judiciary has been dragged into politics. Judges are being dragged into politics. Do we call this democracy? The difference between military rule and democracy is election. Are we truly having elected officials?
“All these coups in the African continent are caused by the fraud in an election. I was actually suggesting that every four years, every chief executive should step down then a judge should take over for three months for the purpose of election but the judiciary has now been bastardized”.
Also speaking, Prof Amadi said it seems there is a consensus that fraudulent elections should continue in Nigeria because the process attracts desperate people.
“It’s about winners taking all. Elections are not difficult to run. But when the electoral body accepts that the election ought not to be perfect, there is a problem.
“Even the process of appointment of RECs is faulty. Appointing people who are partisan into INEC is a problem. Should INEC be scrapped?
“All proceedings should be concluded before winners are sworn in. Once the citizens vote, the court should not invalidate a vote. By the time people voted, they voted for the person as a candidate.
“The judges should ask themselves of the electoral jurisprudence. It is not to confirm about the people’s votes? What did the people say? Who did the people vote for as their candidate? The court should confirm it.
“That is the matter we should sort out. In some states, even issues of ethnic and religion have been considered to prevent some people from attaining certain offices,” Amadi said.
According to Amadi, it should be mandatory that court cases are decided before swearing in.
“It should be mandatory that we finish all court cases before swearing in with certification of legality before swearing. Nobody should be going to the supreme court on election matters. Once INEC sits and decides, Nigeria should constitute an independent body with stakeholders in all professions.
“If the court cancels the election, it means that those finances amount to nothing,” Amadi added.
The CEO of House of Justice Kaduna, Barr Gloria Ballason said if someone occupies an office illegally, he will be taking illegal decisions without legitimacy.
“So, if your mandate is in contest, you should not occupy the office. The mandate is in the hands of the people but they are not being respected. We need the buy-in of politicians for the electoral process to be credible,” Gloria said, adding that morals and values have been thrown to the back door.
She said if people rise up and say no to institutions that can’t operate without corruption, Nigeria will move forward.
She continued: “Corruption in the electoral process is increasing. You see even persons in the institutions trying to impose their people there.
“Citizens must think like politicians and act like citizens. Citizens must be desperate and insist the laws are obeyed in compliance and not in breach. If we must build a country, those who do wrong should be punished and not those who do right.
“Section 14 (1) which talks about democracy, it will be unfair for any institution to uphold popular mandate. And since sovereignty belongs to the people, the legitimacy should come from the people.”
Also, Onogwu Muhammad, said political parties should be democratic while voter education should be increased.
Muhammad however said there are some elements of fairness in the election.
