Electoral reforms and CODER’s unfinished business

Source: The Nation Newspaper Published:Tuesday, January 26th, 2010

Is electoral reform still possible in Nigeria this year? Many people believe that the critical task can be accomplished if the National Assembly has a patriotic and burning desire to make history. There are also skeptics who doubt the capacity of the legislative arm to make any positive impression. Both divides however, agree that the buck stops at the table of the legislators who may either work hard to consolidate democracy or make popular rule an elusive dream

The intensification of the clamour for the reform is the new year resolution of the Coalition of Democrats for Electoral Reforms. The convener, Mr Ayo Opadokun, said it is critical to the future democratic stability of the country.

Other groups, including labour, academia, civil society group, professionals, clergy and laity, students, and opposition parties have also not relented in their identical struggle to ensure that, ahead of 2011, the reforms are in place so that the votes can count.

The National Assembly assured the nation last year that the envisaged reform would take off in March this year following constitution review. During the public hearings conducted by the Upper Chamber, Senate President David Mark reiterated the determination of the legislators to review the constitution in a manner that would satisfy the popular yearning for electoral change.

His counterpart in the House of Representatives, Dimeji Bankole, also assured the representatives of civil society groups at an interactive session on electoral reforms in Abuja, the Federal Capital Territory, that the lawmakers would strive to meet the March deadline.

Since the assurances were given by both Houses, it was assumed that they have gone to work on the subject. The envisaged review will take some processes which also require the participation of the state Assemblies. However, anxious Nigerians are worried that the political crisis triggered by the prolonged absence of President Umaru Yar’Adua from the country may have displaced the passionate commitment to the reform programme.

Much attention is dissipated on the management of the impasse imposed by the leadership vacuum at the centre by the headless Federal Executive Council and polarized National Assembly.

But Opadokun said, the crisis not withstanding, Nigerians expect the National Assembly to live up to expectation. ‘We are engaging the members of the National Assembly, so I don’t think that the crisis will pose any problem. In February, we will commence the launching of CODER across the states of the federation’, he added.

Opadokun also disclosed that the organization would unfold an ‘ Action Plan’ soon, stressing that members have resolved to reinvigorate the struggle this year.

The summary of CODER’s struggle is that since the Electoral Reforms Committee set up by the President has submitted a beautiful report that has been applauded by Nigerians, the path of honour is to implement them so that the next election will be free and fair.

While drumming support for reforms, the group flooded the streets with enlightment publications to sensitise the public to the imperative of electoral change. For example, publications on the key recommendations of the Uwais Panel, the bill on Electoral Offences Commission Act 2008, Electoral Act Amendment bill, Constitution Amendment bill, speeches of CODER leaders and the group’s position on electoral reforms were distributed to Nigerians.

One of the leaders of the group, Asiwaju Bola Tinubu, said at the launch of the organization in Abuja that Nigerians have the fundamental human right to demand for electoral reforms.The argument of the former Lagos State governor is that the miracle of free and fair election is still possible, recalling that it happened in this same country in 1993 when the Late Chief Moshood Abiola won the presidential poll. He was however, quick to point out that the path to reforms may be rough.

‘Electoral reforms are often politically painful. Therefore, we should be prepared for the long haul’, Tinubu added, reminding the people that ‘it is not only a matter of amending the electoral law; we must amend the relevant sections of the constitution’.

President Yar’Adua who openly acknowledged that he rode on the back of a flawed election to power set up the Uwais Panel with sincerity. But, between the inauguration of the committee on August 28, 2007 and submission of report on December 10,2008 , the beat change. As the recommendations failed to sustain the status quo, forces opposed to change threw up obstacles against its implementation. These anti- reforms elements, both in and out of government, are few. But they wield influence and have the ear of the President. When they successfully brought the undecided federal government under their shadows, President Yar’Adua developed a cold feet and the reluctant journey to reform commenced at a snail’s speed.

Many Nigerians were embarrassed when the Senate threw out three out of the six bills submitted to it on the Uwais Panel recommendations at the first reading.

The posture of the government tend to reinforce the insinuation that the President merely used the Uwais Committee as a decoy to buy time and stabilize his government which hitherto wallowed in legitimacy crisis.

The slow motion prompted a furry of complaints. Up came CODER and other pro-reforms associations formed to wage the liberation war. The coalition set up a 10-member Technical Committee to draft a position paper on the recommendations. The committee was headed by former Edo State Governor John Odigie-Oyegun.

Opadokun said the position paper has aided the coalition in mobilizing people to insist on genuine electoral reform in the country. Apart from endorsing the proposals by Uwais Committee, it also shed light on the import of each suggestion.

CODER has identified 13 recommendations of the Uwais Committee, which it said, should not be compromised. These are: mode of appointment of INEC chairman and commissioners, constitution of INEC Board, mode of voting, voter’s registration, determination of electoral disputes, conduct of future elections, custody of election materials, funding of INEC and political parties, establishment of Electoral Offences Commission, role of security agencies, election result, states Independent Electoral Commission, and constitution of the board of SEIC.

The group explained that when the President appoints the INEC chairman, he is not neutral, adding that it is better to saddle the National Judicial Commission(NJC) with the assignment.

The coalition also supported the inclusion of party representatives on the INEC board, pointing out that it would reduce the tension between the electoral commission and the competing parties.

The mode of voting canvassed by CODER is the Modified Open Secret Ballot System. Former governor of Ogun State, Aremo Segun Osoba, a leader of the coalition, said it is more transparent.

‘Mercenary voters and thugs cannot move from one polling station to the other to snatch ballot papers. Voting takes place simultaneously at the polling booths nationwide at the same time’, he stressed.

The group favours the use of digital voters register, saying that it would eliminate the incidents of multiple and under-aged registration. But there must also be enough time for verification by prospective voters, and the coalition believes that that is achievable if the registration is concluded six months to the general elections.

The last two years have shown that if electoral disputes are not resolved before the handover, those who are sworn in will use state resources and instrument of office to manipulate election petition . Opadokun said this informed the coalition to campaign for the conclusion of the election petitions before the transfer of power.

In addition, be said that, if the onus of proof is shifted on the electoral commission, it would make them meticulous, thorough and accountable in the conduct of elections.

CODER wants election material to be handed over to the tribunal which will in turn deposit them in the bank. This, Opadokun explained, would give disputants a sense of security and fairness and convince them that they are not tampered with.

Stakeholders have called for financial autonomy for INEC. The coalition said if this recommendation is implemented, it would achieve two results. It will free the commission from the apron string of the president and enable it to plan properly for the polls, Opadokun said.

While delivering the 70

th birthday lecture in honour of Chief Bisi Akande, National Chairman of Action Congress(AC) in Lagos, former Lagos State Attorney-General and commissioner for justice, Prof Yemi Osibajo(SAN) alluded to the ‘ poison of rigging. He said malpractices annul the integrity of elections, adding that, unless the culprits are brought to book, the nefarious activities would continue.

Conscious of this menace, Uwais Panel recommended the setting up of Electoral Offences Commission to try the master riggers. This proposal is meaningful because the police has said that it lacks the power to prosecute electoral offenders.

Hailing the initiative, CODER said henceforth, INEC officers, dubious politicians and thugs who aid and abet rigging would think twice. Moreover, since INEC lacks the logistics, organizational and professional competence to prosecute election offenders, the envisaged Electoral Crimes Commission will fill the void.

Osibajo said it is not hard to prove electoral malpractices, judging by the revolutionary efforts of the AC to scientifically expose rigging in Ekiti and Osun States through forensic investigation.

He called for stiff penalty for vote rigging with a reason. ‘Unsanctioned wholesale rigging of elections is dangerous to society because it gets worse with every successful attempt’, Osibajo contended.

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