Following the now infamous ‘inconclusive’ status introduced into Nigeria’s political arena by the Independent Electoral Commission (INEC) in Kogi and Bayelsa States’ gubernatorial polls, there are concerns that the trend may be signs that the electoral umpire under Mahmud Yakubu, may be hijacked by the ruling party.
Emmanuel Kucha, the Returning Officer, had announced that the margin of votes between Audu Abubakar the then candidate of the APC and Idris Wada of the People’s Democratic Party (PDP), were 41, 353, and that the election was ‘inconclusive’ because the total number of registered voters in 91 polling units, in 18 local government areas, where election was cancelled was 49, 953, which he explained was higher than Audu’s 41, 353.
Similarly, Baritor Kpaghir, Bayelsa State Resident Electoral Commissioner (REC), last Monday announced that the
INEC indefinitely suspended the declaration of result of the gubernatorial election between incumbent, Seriake Dickson of the PDP and Timipre Sylva of the APC, citing violence, ballot-snatching and intimidation of officials. He cancelled the election in Southern Ijaw Local Government Area, one of the state’s eight LGAs.
Nigerian Civil Society Situation Room (NCSR), which monitored the Bayelsa elections stated that there was late deployment of personnel and materials to various polling units across the state; several incidents of failure of the card reader machines to authenticate fingerprints of eligible voters.
But Yinka Odumakin, publicity secretary, pan-Yoruba social-cultural group, Afenifere, said the Bayelsa and Kogi polls under Mahmud Yakubu, were signs that INEC would not be independent in the current dispensation, and that Kogi election was about nationality question.
“I am persuaded that the election was deliberately wrong because of Faleke’s tribe. In Bayelsa, it was an attempt to use one local government to upturn the results of seven local governments. Much as we blame INEC, it is clear that the polity is unsettled. There is impunity on the part of the ruling party. Look at the kind of shenanigan that they tried in Kogi State; feeding two candidates in one election, and the way the Attorney-General tele-guided INEC which shows that the electoral body is only independent in name, not in real terms. Mahmud is another victim of the crisis in Nigeria,” he said.
According to him, what happened in the Kogi gubernatorial election was a deliberate manipulation. He further argued that the claim by INEC that there were 49, 000 voters in 91 units, as reasons it declared the election ‘inconclusive’ was not sincere.
He said: “It was later found out that those who have PVCs there are not more than 25, 000. So, there was no reason to tag the Kogi election as inconclusive. It was a clear statement that a Yoruba man cannot be a governor in Kogi State. That is why they brought a Yahaya Bello to come and inherit the role of a dead man; which has created constitutional crisis now. How is a dead man going to provide votes for somebody who is alive? Also, how can a governorship candidate run without a running mate? Because the law says nobody can be validly elected as governorship candidate if he has no running mate. In the Kogi election, Bello has no running mate and he was not part of the previous election. So, it is all about manipulation for selfish, ethnic and parochial interests. That tells you that Mahmud’s INEC is not independent”.
Odumakin, who lashed out at the media for what he described as inadequate in-depth analysis on the Kogi and Bayelsa polls, said the ruling APC has so much holds on the media hence, it can get away with even murder.
“The APC has a stronghold on the media. Media practitioners are closing their eyes to deliberate violations of the laws of the land; we will all pay for it in the long run,” he said.
James Faleke, who had upon the death of his boss, written to INEC to declare him as winner of the election despite the umpire having declared the poll as “inconclusive”, affirmed that he would not be available for swearing in with Bello Yahaya, on January 27, 2016. He has since resumed legislative duty in the House of Representatives-where he is representing Ikeja Federal Constituency.
But speaking on a television programme monitored in Lagos by our reporter, Oluwole osaze-Uzzi, director in charge of voter education, publicity, civil society and gender liaison of INEC, said the commission’s hands were legally bound, and so could not have changed the rule in the middle of the game.
“The guidelines were clear on the situations that could warrant the declaration of an election inconclusive. If INEC was satisfied that even one vote could make a different, then, we had no option than to conduct the election. It was not the making of INEC. INEC has learnt its lessons and going forward, it will advocate the review of all relevant laws to capture the various issues thrown up by the Kogi debacle.
“We got a letter from Faleke, saying he is the governor-elect. At no time did he withdraw. APC never withdrew his name either. It would have amounted to a legal absurdity for the APC to have made Faleke its governorship candidate and then, making him nominate a new running mate. Such a development would have thrown up fresh legal challenges. In any case, we never relate with any individual. We only deal with candidates through parties,” he said.
Ahmed Gulak, special adviser to former President Goodluck Jonathan, on political affairs, told BD SUNDAY in an interview that elections so far conducted under the watch of President Muhammadu Buhari have fallen short of expectation of, not only Nigerians, but that of the international community, who he said are watching keenly.
He said: “The Kogi and Bayelsa elections were two unfortunate things. These were elections conducted on different dateS; yet, INEC under Professor Mahmud could not conduct free and fair elections. Both elections were declared inconclusive by the current leadership of INEC. We are asking the capability of INEC to conduct elections when it will take place at the centre. In a state like Bayelsa where we have only eight local governments, INEC could not conduct free and fair election, conclusively. As it is today, the confidence and gains of Attahiru Jega is being completely eroded. At the moment, elections under President Buhari are far from expectation. It is now clear that elections under President Jonathan, both for Nigerians and the international community, were free and fair; to the extent that an opposition party won the general elections. The APC should not be made to win elections by all and foul means. All we want is free, fair and credible elections. Nigerians and the international community are watching. We call on the President to rescue this process and toe the part of integrity. It is not about APC and PDP; it is not about the north and the south; it is about the nation we call Nigeria”.
He said the Kogi situation was a bizarre debacle which has resulted in constitutional crisis because INEC rejected consultancy counsel on the matter, and rather heeded the attorney-general of the federation, which resulted in a battle he said, would be decided by the Supreme Court.
“The electoral act is clear. You cannot hold election as a governor without a running mate. You cannot go for an election as governor without a willing running mate. What happened in Kogi will put us in disrepute. It is very embarrassing. The INEC knows full well that they were not properly advised by the Attorney-General. The advice of the consultants would have been the proper one to take. The advice given by the consultants engaged by INEC was that a fresh election should be held in the 21 local governments of the state and that APC should be given the chance to produce another candidate and a running mate. And that if the time will not permit because the tenure of the incumbent will end on January 27, the speaker of the State House of Assembly will temporarily take over as acting governor of the state until new governor is elected. But INEC for whatever reason rejected the counsel and now we are left in confusion. Faleke who was running mate to Audu Abubakar is saying he cannot be running mate to Bello. This is why INEC should dissolve the whole process after the death of Audu and conduct a fresh election. But as it is today, it is the Supreme Court that will give the final verdict in this case. On one hand, you cannot transfer the vote of somebody who died in an election to somebody who did not participate in the election,” he said.
He noted that while the fall out of the Bayelsa and Kogi elections are not enough reasons to call for the removal of Mahmud as INEC boss, the President must now as a matter of compliance with the nation’s electoral laws, nominate the remaining six members of the commission.
“I will advocate that Professor Mahmud be given more time before he can be fairly assessed. But I am calling on President Buhari to nominate the remaining six members of the commission to be screened and inaugurated. As I speak to you, the membership of the commission falls short of the constitutional requirements. That is why it is incumbent on the President to fill in the vacancy in the commission. This will go a long way in putting the commission in a proper position to conduct free and fair elections in the future,” he further said.
NATHANIEL AKHIGBE
