Tag: Election

 

By Flowerbudnews
The Actionaid Nigeria, an NGO, has lauded the Enugu State Independent Electoral Commission (ENSIEC) for conducting the Sept. 21 Local Government polls peacefully in Enugu State.

 

The Actionaid Nigeria, a non-partisan, non-religious and civil society organisation, however, decried some shortfalls in the exercise which include late arrival of electoral materials and personnel among others.

 

This is contained in statement on the Enugu State Local Government Polls issued and signed by the Country Director, ActionAid Nigeria, Mr Andrew Mamedu.

 

The statement was a fall out of realtime technologically reported incidents by 120 trained election observers collate by Actionaid Election Situation Room in Enugu during the polls in 1,145 polling units in 260 political wards of the 17 council areas of Enugu State.

 

Mamedu said that generally, there was late arrival of ENSIEC officials and materials in 50 per cent of the polling units observed across the state.

 

“For instance, in Ituka polling unit and Awgu council area, ENSIEC officials arrived at 11:11a.m. with no result sheets and only 15 voting sheets instead of 26 voting sheets.

 

“As at 1p.m., ENSIEC officials arrived in only 50 per cent of the 83 polling units observed across the 17 council areas.

 

“Voting materials arrived in Ngwo Asaa 003 polling unit by 1p.m. Given this late arrival, voters were not accredited before voting started, constituting a violation of the voting process,” he said.

 

The country director said that no activity was recorded in 36 per cent of the polling units in the 17 ouncil areas observed, adding that there was no election in the polling units observed in Isi-Uzo council area.

 

According to him, the polling units remained closed with no ENSIEC official or materials present.

 

“Some examples of these polling units are Akpu 016 polling unit in Eha Ward 4, Umoke Amasogiji 007 polling unit in Eha Amutu Ward 3 and Amaezeaka Ehaamufu Ward 4,” he said.

 

Mamedu noted that due to the late opening of polls, insufficient voting materials, inadequate result sheets and poor conduct of political party agents, some voters were discouraged from voting.

 

“For instance, Independence Layout 024 polling unit recorded minimal turnout, with some recording no voters by 4p.m. A concerning trend emerged regarding adherence to the voting process.

 

“The accreditation and voting process commenced late and only happened in 60 per cent of the polling units across the 17 council areas observed.

 

“In 51 per cent of the polling units, voters were not required to present their Permanent Voter Card (PVC) before casting their votes, raising questions about the integrity of the voting process,” he said.

 

The country director said that security presence was noted in only 70 per cent of polling units observed, adding that polling units like Umuozzi II and Afor Ofufe, reported no security officers; thereby, exposing voters to violence.

 

Mamedu said that the conduct of political party agents remained poor as it did not conform to the expected threshold, adding that in 79 per cent of the polling units observed, “we noticed attempts of political party agents to interfere with the process”.

 

“In New Haven Primary School, some party agents were reported to be campaigning for votes and sharing tags with those who agreed to sell their votes. Also, party agents were seen fighting in CPS Amachalla ward, polling unit 001,” he said.

 

He noted that vote buying was observed in some of the polling units as party agents were reported to be seen giving money to ENSIEC officials and voters.

 

“This occurrence was seen in about 12 per cent of the polling units in the 17 council areas observed including CPS Amankwo Ndiagu-001 polling unit in Ezeagu council area. This manifested in the form of material and financial inducement,” he said.

 

He added that as at 4pm, 65 per cent of polling units reported that voting had officially ended, adding that, however, it was only 55 per cent of these polling units that sorting, and collation of votes was able to take place.

 

It would be recalled that ActionAid Nigeria is a national non-governmental, non-partisan, non-religious, civil society organisation, and an affiliate member of the ActionAid International Federation with presence in 45 countries.

 

It works in solidarity with people living in poverty and exclusion to achieve social justice, gender equality and poverty eradication towards achieving a just, equitable and sustainable world in which every person enjoys the right to a life of dignity, freedom from poverty and oppression.

 

 

A Federal High Court (FHC) in Abuja, on Friday, rejected an application seeking to stop the Enugu State Independent Electoral Commission (ENSIEC) from conducting Saturday’s local government elections in the state.
Justice Peter Lifu, in a ruling on the oral application moved by counsel to the All Progressives Congress (APC), Michael Aondoakaa, SAN, held that stopping the election would not meet the justice of the matter.
Besides, Justice Lifu held that there was no enough evidence as to the service of the hearing notices on the defendants against today’s proceeding.
The judge said based on Section 36 of the 1999 Constitution, restraining the electoral body from going ahead with the Sept. 21 poll would be contrary to the principle of fair hearing,
The News Agency of Nigeria (NAN) reports that in the originating summons marked: FHC/ABJ/CS/1325/2024, the APC sued the Independent National Electoral Commission (INEC), ENSIEC and Nwanfor Alphonsus Onyeachonam as 1st to 3rd defendants respectively.
In the suit dated Sept. 5 but filed Sept. 6, the APC sought nine reliefs.
These include “an order of perpetual injunction restraining the 2nd defendant (ENSIEC) from conducting any election in Nigeria including the Local Government Election in Enugu State, without the plaintiffs participation through its duly elected principal officer of the State Executive Committee (SEC) registered with the 1st defendant (INEC).”
“An order directing and/or mandating 1st and 2nd defendants to recognise only the democratically elected principal officer of the party’s State Executive Committee (SEC) in Enugu State and registered with INEC in the performance of their constitutional and statutory duties.

“An order of perpetual injunction restraining the 3rd defendant (Onyeachonam) from parading or holding out or further selling the plaintiff’s nominations forms for election or obtaining payments for sale of nomination forms, as the elected principal officer of the plaintiff’s Executive Committee in any election in Nigeria including the Enugu State Local Government election,” among others.

NAN reports that Justice Emeka Nwite of FHC had, recently, refused to grant the ex-parte motion moved to stop the Enugu State local government election.

Justice Nwite, instead granted an accelerated hearing of the matter and ordered substituted service of the court documents on the defendants, besides giving an order for abridgment of time.

However, the matter was transferred back to the Chief Judge, Justice John Tsoho, before it was reassigned to Justice Lifu for adjudication.

 

By Sylvester Udemezue

Following a 30 May 2024 public announcement in a Statement by the Prof Christian Ngwu-led Enugu State Independent Electoral commission (ENSIEC), that Local Government Elections in the State had been fixed for Saturday October 5, 2024, a flurry of political activities began and have progressed in an interesting and thought-provoking fashion.

As a Lawyer, disinterested observer, public legal affairs analyst, a public-interest advocate, corporate and constitutional democratic-governance promoter, (and an indigene of the affected State), I have closely but keenly followed much of the developments, and I think this is the first time in a long time, genuine efforts are seen being made by contenders to engage in actual electioneering campaigns during a scheduled local council election in Enugu State.

It’s highly commendable, and I particularly salute the extent Government in Enugu State. However, the discussion doesn’t end there.

I humbly recommend that towards restoring true democracy at the grassroot in our State, Enugu State, deliberate and honest efforts must be made, and seen to be made, by the Enugu State Government, the Enugu State Independent Electoral Commission and other stakeholders, to create a level-playing ground for all participating political parties and their candidates by ensuring that all systems, stages and processes of the upcoming election are made and seen to be transparent and credible with the objective of assuring that the outcome/results of the elections come out as a reasonable acceptable and true reflection of the will of the electorate in Enugu.

For constitutional democracy to grow and be sustained, leadership recruitment processes and programs must be tailored towards ensuring that the will of the people are upheld at all times, through transparent elections that strictly observe the dictates of the rule of law and the Constitution.

A transparent election process improves good governance, engenders followership-coopertaion, and reduces tension and agitationsnin society, while eliciting people’s confidence in and genuine respect for their governments. If there is anywhere respect for the principles and precepts of democracy must start, it’s at the grassroot, because a thriving democracy at the grassroot is a recipe for accelerated national development.

Many researchers have found that political development should start at the grassroots, especially because positive change in any country, in the long run, is usually traceable to distant rumbles at the grassroot level.

This is perhaps one of the reasons an ex President of the USA, Barack Obama had to acknowledge that “I was elected because I believed in… ‘grassroots politics,’ politics from the bottom up, not the top down”. No wonder, a certain author, political commentator and consultant in the USA, Dick Morris believes that spontaneous combustion of grassroots politics is the future.

In the meantime, it’s respectfully suggested to all contending parties and candidates, to go about their campaign activities with peace, being law-abiding and respecting extant rules and guidelines in the interest of a peaceful election season and process in our beloved State, Enugu.
Best wishes to all contenders, and long live Enugu State.

(Sylvester Udemezue (udems),*
Proctor,
The Reality Ministry of Justice (TRM).
08109024556.
therealityministry@gmail.com.)

 

By Flowerbudnews
The Enugu State Independent Electoral Commission (ENSIEC) says it is 98 per cent prepared for the Local Government polls slated for Sept. 21.

The Chairman of the commission, Prof. Christian Ngwu, said this in an interview with newsmen in Enugu on Thursday.

Ngwu said that the commission had kept every arrangement intact except the dispatch of the sensitive materials and deployment of electoral officers.

Ngwu said that the 17 electoral officers would proceed with the sensitive materials to the various council areas on Friday morning after briefing them.

He said: “We have already received the sensitive materials and kept in a safe, secured and hidden location until they are dispatched on Friday.

“All arrangements, both for materials, electoral ad hoc staff, electoral staff and electoral officers as well as security have been concluded.

“We have concluded training for all levels of officers, including the ad hoc staff for the polls, on Wednesday.

“I met with electoral stakeholders and political party chairmen on Wednesday and all the political parties for the polls signed the peace accord.

“Yesterday, I met with the security agencies and even the Commissioner of Police.

“Today, we had another meeting to conclude on the polls’ security arrangement.”

The ENSIEC boss further said that the arrangement for logistics had been concluded and vehicles to be used for the polls duly fuelled and drivers stationed.

“ENSIEC is fully prepared for free, fair and credible polls.

“With all these arrangements, I will encourage all the over two million eligible voters in the state to come out en mass and vote for the candidates of their choice.

“We have adequate security men on ground to guarantee their safety and for them to vote their choice without fear or favour.

“ENSIEC is assuring all the stakeholders, especially the 17 political parties taking part in the polls, a level playing field for everyone.”

Ngwu said that popular candidates, who were the people’s choice, should win, adding: “The commission will surely guarantee this.”

It would be recalled that 4,145 security personnel have been deployed to man the 4,145 polling units in the state.

ENSIEC recruited and trained 12,800 ad hoc staff for the polls.

 

The Enugu State Independent Electoral Commission (ENSIEC) has vowed to conducting a free, fair and credible local government elections come Sept. 21, 2024 in the state.

The Executive Chairman of ENSIEC, Prof. Christian Ngwu, gave the assurance on Wednesday while declaring open a three-day workshop in Enugu.

The workshop, which is being organised by International Foundation for the Electoral System (IFES) in partnership with USAID and UKAID, was meant to Train Master Trainers (electoral facilitators) on the Management of Local Government Elections.

Ngwu also charged the facilitators to take the training very seriously as they would be committed in the cascading down the training to others especially electoral ad-hoc staff.

“We are putting emphasis and commitment to this training so that you gain the knowledge to be sound trainers in various council areas as you take on the training of ad-hoc staff in few days to come.

“I must commend the International Foundation for the Electoral System (IFES), USAID and UKAID for this beneficial support and partnership with the commission,” the chairman said.

Earlier, an Election Consultant, Mr. Emmanuel Ugboaja, lauded ENSIEC for availing its electoral facilitators the opportunity of the training.

Ugboaja noted that the training of the facilitators would go a long way in ensuring conduct of a credible local government council elections in the state.

The over 50 electoral facilitators were drawn from ENSIEC’s six departmental heads, electoral officers and other electoral support personnel.

 

By Flowerbudnews

The Enugu State Independent Electoral Commission (ENSIEC) says it has rescheduled backwards the date for conduct of local government chairmanship and councilors elections from Oct. 5 to Sept. 21, 2024.

 

The Chairman of ENSIEC, Prof. Christian Ngwu, confirmed the new rescheduled election date and amended timetable to newsmen in Enugu on Thursday.

 

Ngwu said that the commission was acting in compliance with the state High Court judgment, delivered by Justice C.V.C. Ezeugwu on Aug. 27, which compelled the commission to conduct council elections on or before Sept. 21, 2024.

 

The judgment was in pursuant of Enugu State High Court suit number E/608m/2024; Aninri LG and 16 other LGs versus ENSIEC.

 

The Chairman noted that acknowledging the court ruling, and after engaging electoral stakeholders, the commission hereby amended the activities and timetable for the Local Government Councils Elections in Enugu State as follows:

 

“June 3 to June 14, 2024 – Call for political parties to submit information on conduct of party primaries specifying the time, venue and say (mode) of party primaries.

 

“Aug. 1 to Aug.19, 2024 – Conduct of party primaries including resolution of disputes arising from the primaries.

 

“Aug. 23 to Aug. 27, 2024 – Political parties are to obtain nomination forms, ENSIEC 7 and Councillorship election respectively on Aug. 23 to Aug. 27.

 

“Aug. 28 to Aug. 30, 2024 – List of candidates nominated by political parties shall be forwarded to the headquarters of ENSIEC at 3 Achi Street, Independence Layout, Enugu.

 

“Aug. 31 to Sept. 6, 2024 — Checking of candidates credentials; councilorship candidates shall be checked at various Local Government Headquarters while Chairmanship candidates shall be checked at ENSIEC headquarters at 3 Achi Street, Independence Layout, Enugu,” he said.

 

Ngwu said that the rest of the amended timetable are: Sept. 9 to Sept.10, 2024 – Return of lists of qualified and unqualified candidates on forms ENSIEC-3 and ENSIEC-4 for Chairmanship and Councillorship elections respectively to political parties.

 

“Sept. 11 to Sept. 12, 2024 – (a) Replacement of unqualified candidates by the affected political parties. (b) Names of two party agents with passport photographs attached to each polling unit shall be forwarded to ENSIEC headquarters by political parties. Parties shall endorse the passport photographs.

 

“Sept. 7 to Sept 20, 2024 – Campaign kickoff – Candidates and their parties shall campaign for the election in such a manner and in accordance with such guidelines as may be determined, from time to time, by the Commission. Campaign shall end by 6pm of Sept.19.

 

“Sept. 21, 2024 – Voters’ accreditation and voting by Open Secret Ballot System between the hours 8am and 3pm. Sept. 28, 2024 – Chairmanship and/or Councillorship run-off election if need be,” he added.

 

It would be recalled that ENSIEC had earlier fixed Oct. 5, 2024 but now has Sept. 21, 2024 as the new date set aside to conduct local government elections to elect 17 council Chairmen and 260 councilors in Enugu State.

 

By Dr Sonny Onyegbula

Electoral jurisprudence, the body of law that governs electoral processes, is a vital component of democratic governance, ensuring the legitimacy and credibility of elections.

Nigeria, like other democracies, has been evolving its electoral jurisprudence since its return to democracy in 1999.

However, the country’s electoral jurisprudence faces challenges, including judicial independence and impartiality concerns.

This article examines Nigeria’s electoral jurisprudence, comparing it with the US, UK, India, and South Africa, and provides recommendations for improvement.
Nigeria’s democratic journey, a testament to its people’s unwavering resilience and indomitable determination, has been a long, winding road marked by significant milestones and challenges.

The country’s transition from military rule in 1999 was a monumental breakthrough, ending decades of authoritarian governance and paving the way for the current era of democratic governance.

This context is crucial to understanding the development of Nigeria’s electoral jurisprudence; a key player in this transition was the establishment of the Independent National Electoral Commission (INEC) in 2000.

INEC, as the electoral management body, provides a legal framework for conducting elections, registering political parties, and resolving electoral disputes, among other responsibilities.
Since then, Nigeria has conducted several presidential, gubernatorial, and legislative polls.

These elections have been marked by varying degrees of success, with some being hailed as relatively free and fair, while allegations of fraud, voter suppression, and violence have marred others.

However, it’s important to note that civil society organizations and citizens have not been passive observers.

They have played a crucial role in monitoring these elections, raising awareness about electoral malpractices, and advocating for electoral reforms.
Their active participation has significantly contributed to the evolution of Nigeria’s electoral jurisprudence, underscoring the transformational power of public engagement in the democratic process.

Despite progress, Nigeria’s electoral process remains contentious, with disputes and litigation commonplace.

The country’s electoral jurisprudence has been significantly shaped by landmark court decisions, which are rulings that establish new legal principles or significantly interpret existing laws.

These decisions, including the Supreme Court’s judgement in the 2008 and 2019 presidential elections, have profoundly impacted the country’s electoral landscape, shaping the legal framework for electoral disputes and the role of the judiciary in resolving them.

However, challenges persist, and Nigeria’s electoral process remains vulnerable to manipulation, corruption, and political interference.

These challenges, such as the lack of clear guidelines on campaign financing and ambiguous electoral laws and regulations, have led to confusion, disputes, and allegations of financial impropriety.

The electoral commission, INEC, has faced criticism for handling elections, with accusations of bias, incompetence, and corruption.

These challenges highlight the urgent need for improvement in Nigeria’s electoral jurisprudence.

Against this backdrop, the potential for a comprehensive overhaul of Nigeria’s electoral jurisprudence is necessary and a beacon of hope.

The country has the opportunity to build a robust and resilient electoral system capable of withstanding the challenges of a rapidly changing political landscape.

This potential for change, this beacon of hope, inspires optimism for a brighter future.

Nigeria’s electoral jurisprudence has faced challenges since 1999, with the judiciary playing a crucial role in shaping the electoral landscape.

Despite progress, concerns persist about judicial independence and impartiality, particularly in electoral matters.

The Supreme Court, as the highest judicial body, has delivered notable judgements that have significantly influenced the interpretation and application of electoral laws.

Notable cases include Atiku Abubakar v. INEC (2008), in which the Supreme Court upheld the election of President Umaru Musa Yar’Adua, ruling that the petitioner, Atiku Abubakar, failed to prove allegations of fraud and irregularities.

In Wike v. Peterside (2016), the Supreme Court affirmed the election of Governor Nyesom Wike of Rivers State, ruling that the petitioner, Dakuku Peterside, failed to prove allegations of fraud and irregularities.

The Supreme Court also dismissed the petition of General Muhammadu Buhari in Buhari v. INEC (2008), challenging the election of President Umaru Musa Yar’Adua.

In Tinubu v. INEC (2007), the Supreme Court upheld the election of Governor Bola Tinubu of Lagos State, ruling that the petitioner failed to prove allegations of fraud and irregularities.

The Supreme Court ruled in PDP v. INEC (2019) that the Independent National Electoral Commission (INEC) has the power to withhold certificates of return from candidates who have been declared winners of elections but are under investigation for electoral fraud.

Most recently, the Supreme Court dismissed the petitions of Atiku Abubakar and Peter Obi in Atiku Abubakar and Peter Obi v. INEC (2023), challenging the election of President Bola Ahmed Tinubu.

While these judgements have shaped the electoral landscape, criticisms of inconsistency and delay remain, underscoring the need for a more robust and efficient judicial system.

The judiciary must address these concerns to strengthen Nigeria’s electoral jurisprudence and ensure the integrity of democratic elections.

The comparative analysis of international best practices in electoral jurisprudence is a crucial tool for understanding the strengths and weaknesses of Nigeria’s system.

By examining the experiences of the United States, the United Kingdom, India, and South Africa, we can gain valuable insights that inform our efforts to enhance Nigeria’s electoral jurisprudence.

The United States has a well-established electoral jurisprudence, with landmark cases like Bush v. Gore (2000) setting precedents for resolving electoral disputes.

The US Supreme Court has played a crucial role in shaping the country’s electoral jurisprudence, ensuring the integrity and legitimacy of the electoral process.

The Electoral Commission prioritizes fairness and transparency in the United Kingdom, regulating elections to ensure their integrity.

The UK’s electoral jurisprudence emphasizes the importance of impartiality and accountability, with the Electoral Commission playing a vital role in ensuring compliance with electoral laws.
India’s electoral jurisprudence is robust, with the Election Commission ensuring free and fair elections.

The Indian Supreme Court has been instrumental in shaping the country’s electoral jurisprudence, delivering landmark judgements that have strengthened the electoral process.

South Africa’s electoral jurisprudence emphasizes democratic values and human rights, with the Electoral Court resolving disputes swiftly and fairly.

The South African Constitution enshrines the right to free and fair elections, and the Electoral Court has played a crucial role in ensuring the integrity of the electoral process.

These international examples showcase the vital role of robust electoral jurisprudence in upholding the legitimacy and credibility of democratic elections.

By examining these best practices, Nigeria can significantly enhance its electoral jurisprudence, fostering a culture of transparency, accountability, and respect for the rule of law.

To achieve this, it is essential to comprehend and implement these recommendations, which are crucial to strengthening Nigeria’s electoral process and ensuring the integrity of its democratic institutions.

According to a unanimous consensus among esteemed experts, Nigeria’s electoral jurisprudence requires significant improvement.

Despite progress, persistent challenges necessitate urgent reform.

This collective call to action underscores the importance and urgency of addressing the issue. Experts agree on the need for comprehensive reform.

The late Prof. Ben Nwabueze advocated for a review of electoral laws to ensure clarity and consistency.

Dr. Olisa Agbakoba stresses the need for improved judicial capacity and training to handle electoral disputes efficiently.

Prof. Yemi Osinbajo highlights the importance of technology in enhancing the electoral process, suggesting electronic voting systems and digital platforms for voter registration and result transmission.

This would modernize the electoral process, improve efficiency, and enhance transparency.

A prominent civil society leader, Clement Nwankwo, emphasizes increased transparency and accountability in the electoral process. He stresses the importance of civic engagement and citizen participation in ensuring the integrity of democratic elections. Dr. Kayode Fayemi, a former Governor of Ekiti State, emphasizes the importance of political will in driving electoral reform.

Prof. Jibrin Ibrahim, a respected political scientist, highlights the need for robust electoral jurisprudence to ensure the legitimacy of democratic elections.

These expert opinions converge on the need for a comprehensive overhaul of Nigeria’s electoral jurisprudence.

This requires strengthening judicial independence and impartiality, establishing a specialized electoral tribunal, enhancing electoral jurisprudence through continuous legal education and training, and ensuring timely and consistent judgements in electoral matters.

While these reforms promise to improve Nigeria’s electoral process, they also present challenges, including the need for political will, financial resources, and public support.

By implementing these recommendations, Nigeria can significantly strengthen its electoral jurisprudence, ensuring the integrity and credibility of its democratic process.

Nigeria’s electoral jurisprudence has made significant strides, but there is room for improvement.

A comparative analysis with international best practices highlights areas that require attention, including enhancing judicial independence, establishing a specialized electoral tribunal, and promoting continuous legal education and training.

By addressing these concerns and implementing necessary reforms, Nigeria can strengthen its electoral jurisprudence, ensuring the integrity and credibility of its democratic process.

This will lead to free, fair, and credible elections that reflect the people’s will, consolidating Nigeria’s democratic gains and fostering a more robust and resilient democracy.

*Dr. Onyegbula, wrote from Florida USA*