INEC recently released the timetable for the 2019 general elections, is it a plus or minus?
Those complaining and asking for the withdrawal of the timetable released by the Independent National Electoral Commission (INEC) are simply playing to the gallery and raising unnecessary dust.
The Constitution of the Federal Republic of Nigeria, 1999 (as amended) has circumscribed and pigeonholed the date for the conduct of elections in Nigeria. INEC can only orbit within the parameters of the circumference. Section 132(2) of the Constitution provides for instance that an election to the office of the President “shall be held on a date not earlier than 150 days and not later than 30 days before the expiration of the term of office of the last holder of that office.”
INEC can only orbit between the 150 days and the 30 days and this is constitutionally mandatory and every serious political party must have started its own count down to the election.
Moreover, the sequencing of elections is within the discretionary powers of the commission and they have not reinvented the wheel but simply followed the precedent already laid down. Our plea is that those in office should concentrate on governance and leave early campaigns and positioning to the various political parties.
What areas do you suggest to make the process smoother?
The national and state assemblies should and must in the national interest complete work on the alteration of the Constitution of the Federal Republic of Nigeria. There must be certainty relating to the constitutional and legal framework for the conduct of the 2019 elections at least six months before the issuance of the notice of elections. This will enable the electoral management body and the critical stakeholders prepare well for the election.
There must be certainty relating to the issue of independent candidacy, timeline for the determination of pre-election matters, the age limit contesting various offices, the timeline for the conduct of a second election in case a winner does not emerge after the first ballot in presidential elections and the conduct of party primaries. The National Assembly should also complete the amendment to the Electoral Act, 2010 (as amended).
It is also imperative for the electoral management body to re-evaluate the Smart Card Reader technology and a smarter, more user-friendly and technologically up to date version should be introduced and used for the conduct of the 2019 elections. The electoral management body must also re-evaluate its deployment plans and strategies and eliminate avoidable delays in the deployment of personnel and resources on Election Day.
How do we enforce the provisions of the law on electoral offences?
Part VIII of the Electoral Act, 2010 (as amended) contains an array of offences relating to elections. There are also other parts of the Act that deal with electoral offences and their punishment. Unfortunately, Section 150(2) of the Electoral Act provides that “A prosecution under this Act shall be undertaken by legal officers of the commission or any legal practitioner appointed by it.”
The commission has made it clear that it does not have the resources, the personnel and the capacity to undertake this assignment and we still insist that it must be domiciled with them. An independent and well-resourced Electoral Offences Commission will address the challenges of arrest, investigation and prosecution of electoral offenders.
We must consciously break the cycle of impunity in the country through a robust enforcement of the law and prosecution of serial offenders.
Some states are making laws to abolish open grazing, does this infringe on the constitutional right of other citizens?
Suddenly, all of us are now experts on issues involving herdsmen and farmers. All of us are propounding theories around open grazing and the laws regulating them. I believe that the government has a responsibility to tackle criminality exemplified in rural banditry and bring the full weight of the law to bear on all those that are culpable.
However, the issue of ranching and the ban on open grazing must be approached cautiously and with a sense of history, tradition and culture. States that can afford it should establish ranches and such ranches will be self-sustaining after a period of five years. Open grazing prohibition laws must have imbedded in them a moratorium period of at least five years to allow for sensitization and adjustment to new ways of life. More importantly, the leaders in our various communities must play a leading role in packaging dialogue and reconciliation.
With the challenges currently facing the country, how should it build cohesion ahead of the next general election?
The insurgency in the north-east, the separatist agitations in the south-east, the issue of rural banditry and the herdsmen and farmers conflicts, kidnappings and other forms of conflict have distorted the electoral map of Nigeria and may lead to the disenfranchisement of a lot of Nigerians in the 2019 election.
The governments at the state and federal level have a responsibility to lower the tension in the country and reassure the Nigerian people that they have the capacity to protect lives and property. Even handed justice and dealing with all ethnic, religious, ideological and political divides with a sense of justice, equity and fairness will promote national cohesion.
The various governments must also tackle serial poverty and give us a sense of hope.
