By lgbotako Nowinta
I boldly demand the passage of the National Electoral Offences Commission Bill, firstly to be passed without delay in the House of Representatives, just like what the Senate did more than a year ago. And we all (civil society activists, professional associations etc.) must then prepare to in massive unison, and utter uncompromising tone, call on General Muhammadu Buhari never to delay in signing the much-expected Bill into law. This we must be prepared to do so that the National Electoral Offences Commission Law will be handy to prosecute the very crucial 2023 general elections in Nigeria. We must fervently ensure that our essential voices are not silenced in this current battle; we must not allow ourselves to flinch or falter. While we must continuously believe, tirelessly we must devote our energy in the direction of this anticipated victory, knowing that this nationalistic cause unsettles the elitist political moral codes and disrespects the sacred cows in our country. In going nationalistic in this cause, those that have thrown so much chaos into the public sphere in the name of election rigging, must not be allowed to slow down our momentum. Our nationalistic sentiments must perpetually be stirred to our purpose, to advance this sacred agenda. We must not only defend but be prepared to celebrate. We must stand powerfully for the civilized values of sanitized electoral system in Nigeria. After we would have added the National Electoral Offences Commission Law to our democratic trophies, the next push for us vigorously is the struggle to have ‘Direct Primary’ as a clear clause in the Electoral Act in Nigeria. As we all know, the principle of direct primary is an issue that will always guarantee the emergence of the most popular, qualified and acceptable candidates from the indigenous political parties in our clime.
Fundamentally, l want to ask this question: “where is the National Electoral Offences Commission Bill” that was passed by the Nigerian Senate on July 13, 2021?
The ferocious electoral rigging tsunami which the People’s Democratic Party (PDP), introduced into the Nigerian political firmament, during the 1998 general elections, produced the government of General Olusegun Obasanjo on May 29, 1999.
Conscious of and using the incredible rigging machine of the PDP to the tilt, General Olusegun Obasanjo, bulldozed his way for eight solid years, until he maneuvered Umaru Musa Yar-Adua as his successor on May 29, 2007.
The conscientious Ex-President (Late) Umaru Musa Yar-Ardua, acknowledged the fact that the presidential election that threw him into office was heavily rigged.
The man who preferred to be addressed as ‘servant leader’ made history when he courageously set up the National Electoral Reform Committee, that was headed by a retired Justice, Mohammed Uwais.
Nigerians were agitated and excited when the 22 member-Uwais Committee began it onerous work on the 28th of August 2007.
At the end of the day, the Uwais Committee amongst other fantastic recommendations, urged the Nigerian people to fight for the setting up of a body that will be independent of the National Electoral umpire: a special body that will work separately in the arraignment and prosecution of electoral offenders.
This quickly reminds me of the struggle that led to the 19th Amendment to the Constitution of the United States on August 18th, 1920, after almost 100 years of denial of women’s rights to vote; a bitter suffocating and protracted battle.
In 1848, what became known as the ‘Women Rights Movement’, was birthed at Seneca Falls, New York, where abolitionists mostly made up of women gathered to discuss the problems of women’s rights.
Elizabeth Cady Stanton, a young vibrant lady and Lucretia Mott, a quaker abolitionist succeeded in gathering about 300 women that historic day in Seneca Falls, and bravely outlined a path for women’s right movement.
It was consensual amongst them that American women were autonomous on their own as individuals, to defend political identities. They chorused the words that: “We hold these truths to be self-evident that all men and women are created equal; they were endowed by their Creator with certain inalienable rights, that among these are life, liberty and the pursuit of happiness.”
It must be recalled that the above statements were borrowed from the original open words which the ‘author of declaration of American independence’, Thomas Jefferson, had used in his famous historic document, which spurred the colonists to demand independence from Great Britain.
Thomas Jefferson had written in 1776, during the beginning of the American revolution thus: “We hold these truths to be self- evident, that all men are created equal.”
The point being made here is that the legendary activists in the women rights movement changed: “all men,” to “all men and women’ in their stoic resolve to obtain their rights.
Therefore, after brutal struggles and several quarrels amongst the leaders of the women rights movement, including a scorching civil war, President Woodrow Wilson created the necessary political atmosphere that led to the freedom of women to vote in the United States.
This legal framework for the investigation and prosecution of electoral offences for the general improvement of electoral process in Nigeria, to me is the way to go.
Moreover, when it is increasingly clear that the Independent National Electoral Commission (INEC), is continuously being overwhelmed in dealing with mountains of electoral offences being committed during periodic elections in Nigeria.
It was therefore a magnificent thing of joy when the Senate summoned the courage to pass the National Electoral Offences Commission Bill on July 13th, 2021.
It further gladdens my heart when the House of Representatives started similar process, more than one year later, with Chairman House Committee on Electoral Matters, Aishatu Duku championing it.
Today, the National Electoral Offences Commission has passed the second reading in the House of Representatives, because it is more than clear that the Independent National Electoral Commission (INEC) cannot conduct free, fair, and credible elections and prosecute offenders simultaneously.
So, it is urgent that INEC must be relieved of this heavy burden, in the name of electoral sanity in Nigeria. It is imperative to take a closer look at the National Electoral Offences Commission bill passed by the Senate in July 2021.
Here is excerpts from the National Electoral Offences Commission:
“The bill, if signed into law, will empower the commission to investigate electoral offences, prosecute electoral offenders and maintain records of all persons investigated and prosecuted.
“The legislation also prescribes a 20-year jail term for offenders found guilty of snatching ballot boxes during elections. It also proposes that any candidate or agent who damages or snatches ballot boxes, ballot papers or election materials before, during and after an election without the permission of the election official in charge of the polling station, shall be jailed for 20 years or fined N40 million.”
The chairman of the committee, Kabiru Gaya (APC, Kano South), who presented the report, said the bill became imperative in view of INEC’s inability to prosecute electoral offenders in accordance with the provisions of a section 149 and 150(2) of the Electoral Act (as Amended).
In Clause 12 of the bill, the Senate approved at least five years imprisonment or a fine of at least N10 million naira or both, for any officer or executive of any association or political party that engages in electoral fraud that contravenes the provisions of clauses 221, 225(1)(2)(3) and (4) and 227 of the 1999 Constitution as amended.
They adopted 20 years imprisonment for any person involved in ballot box snatching, supplying voter’s card to persons without due authority, unauthorized printing of voters’ register, illegal printing of ballot paper or electoral document, and importation of any device or mechanism by which ballot paper or results of elections may be extracted, affected or manipulated, and voting at an election when he is not entitled to vote.
The Senate also approved 10 years imprisonment for any person who sells a voter’s card, or in possession of any voter’s card bearing the name of another person or prepares and prints a document or paper purporting to be a register of voters or a voter’s card.
Other recommendations are: “A term of at least 10 years upon conviction for any election official who willfully prevents any person from voting at the polling station, willfully rejects or refuses to count any ballot paper validly cast, willfully counts any ballot paper not validly cast, gives false evidence, or withholds evidence, and announces or declares a false result at an election.
“At least 15 years imprisonment for any judicial officer or officer of a court or tribunal who corruptly perverts electoral justice, during or after an election.
“At least 15 years jail term or N30 million naira fine for any security personnel or election official engaged by the Independent National Electoral Commission or State Electoral Commission who attempts to influence the outcome of an election.
“In addition, any person found to disturb the public peace on Election Day by playing musical instruments, singing or holding an assembly where a polling station is located shall be guilty of breaching electoral peace and liable to six months imprisonment or a fine of at least N100,000 or both.
“Also, any person acting for himself or on behalf of any organisation or political party or candidate or his agent with the intention of prejudicing the result of an election, damage or defame, in any manner, the character of any candidate in an election or his family member by making, saying, printing, airing or publishing in the print or electronic media false accusation on any matter shall be guilty of serious corrupt practice and liable on conviction to a term of at least ten years or a fine of ten million naira or both.”
The report stated that the National Electoral Offences Commission Bill, 2021, prohibits any campaign against national interest. It provides a 20-years jail term without option of fine for any person who propagates information that undermines the independence, sovereignty, territorial integrity, or unity of the federation.
It prescribes 15 years imprisonment for any person who conveys voters to and from the poll; and three years’ imprisonment for any employee who directly or indirectly exerts undue influence on a voter in his employ, while any person who provides false information in any material particular to a public officer will be jailed for three to five years.
“And 10 years imprisonment, or at least N20 million fine or both for any person who uses hate speech to stir up ethnic, religious or racial hatred, social or political insecurity or violence against anyone or group of persons.”
What well-meaning Nigerians must be shouting at the top of our voices now, is the urgent conclusion of the National Electoral Offences Commission Bill business in the House of Representatives.
Who says we must wait for 100 years, like what took place in the United States, before we have our National Electoral Offences Commission Law?
Flowing from the letters and spirits of the women rights movement in the United States, I boldly demand the passage of the National Electoral Offences Commission Bill, firstly to be passed without delay in the House of Representatives, just like what the Senate did more than a year ago.
And we all (civil society activists, professional associations etc.) must then prepare to in massive unison, and utter uncompromising tone, call on General Muhammadu Buhari never to delay in signing the much-expected Bill into law.
This we must be prepared to do so that the National Electoral Offences Commission Law will be handy to prosecute the very crucial 2023 general elections in Nigeria.
We must fervently ensure that our essential voices are not silenced in this current battle; we must not allow ourselves to flinch or falter.
While we must continuously believe, tirelessly we must devote our energy in the direction of this anticipated victory, knowing that this nationalistic cause unsettles the elitist political moral codes and disrespects the sacred cows in our country.
In going nationalistic in this cause, those that have thrown so much chaos into the public sphere in the name of election rigging, must not be allowed to slow down our momentum. Our nationalistic sentiments must perpetually be stirred to our purpose, to advance this sacred agenda.
We must not only defend but be prepared to celebrate. We must stand powerfully for the civilized values of sanitized electoral system in Nigeria.
After we would have added the National Electoral Offences Commission Law to our democratic trophies, the next push for us vigorously is the struggle to have ‘Direct Primary’ as a clear clause in the Electoral Act in Nigeria.
As we all know, the principle of direct primary is an issue that will always guarantee the emergence of the most popular, qualified and acceptable candidates from the indigenous political parties in our clime.
Nowinta wrote: Where We Are – A Call For Democratic Revolution In Nigeria.
