Election Tribunals In Nigeria
Introduction
Election tribunals in Nigeria has been playing lofty roles in the sustainance of Nigeria's democracy.
Election tribunal is a kind of special court that has the authority in entertaining the litigation involving the conduct of elections.
Election tribunal is usually composed of justices with proven records. Their composition in most cases is five justices.
With Chairman and secretary of the chairman appointed. Chairman moderates the proceedings while secretary of the tribunal takes charge of all the correspondence.
Election process involves many stages with different organisations, both public and private agencies. electorates among others contributing their quotas. They must all work hand-in-hand in order to make the election a success.
The following are some of them:
(i)
Independent National Electoral Commission (INEC):- INEC is saddled with the sole responsibility of conducting election in Nigeria as enshrined in the constitution of Nigeria.
Going by this premise, it conducts and supervises all the electioneering matters. In short, all the processes that lead to a valid election, starting from primary elections (also known as shadow or monkey election) that are being conducted by the political parties, accreditation, voting, sorting, competition and to the end of the process, that is announcement of results.
It recruits and trains all the staff needed for the election both its permanent and ad-hoc staff. INEC usually use the National Youth Service Corps (NYSC) members as part of their ad-hoc staff due to the memorandum of understanding (MOU) signed between them (INEC and NYSC).
The commission believes that NYSC has a crop of young and visionary youths that will do well in term of integrity and competency. This has been on for decades now.
The role of INEC in any election cannot be overemphasized, it supervises and controls all other organisations or outfits deployed for the election. Its statutory roles spread across the supervision of the primary election (otherwise known as shallow election), campaigns by all the political parties, prior to the election day.
But it is worthy of note to state that campaigns ends a day before the election and that INEC has the power to disqualify any party or candidate that flaunt any of its rules as embedded in the 1999 constitution of the Federal Republic of Nigeria as amended.
Accreditation, voting, sorting, counting, computation and announcement of any result is usually done bt the INEC staff.
(ii)
Political Parties:- Political party is a political association formed by a set of individuals with common interest which can be regarded as ideology.
Its primary aim is to wrestle power by fielding candidates that are sellable with good pedigree cum antecedents and in turn provide good governance to the electorates that vote them in.
Presently Nigeria has over registered political parties, among the notable once are Peoples Democratic Party (PDP), All Progressives Congress (APC), Labour Party (LP), All Progressives Grand Alliance (APGA), etc.
The leadership of each of the parties has a list that contains all what they intend to do if voted, which is regarded as Party's Manifesto. This manifesto is a social bound between the parties and the electorates.
Political party has the statutory role of fielding candidates for any election from local government elections to presidential elections. It also has the power to conduct primary election (shallow election) for all the aspirants joistling for same position in the party under the supervision of INEC, so that there won't be rancour or division within the party.
The name of the winner of the party’s primary (shadow) election will then be sent to INEC and this must get to INEC within a time frame, otherwise, INEC will deny the party the privilege of fielding candidate for such election.
When in power, political party also supervises the way and manner by which the office holders under their party governs, this they do so that their manifestos are maintained and respected. It equally has cons and pros through which its members are checked.
But I need to quickly add that carpet-crossing (i. e moving from a party to another) is allowed and has not been criminalized. But as an office holder under a political party, if you decamp while in office, you may be removed from the office.
Using Honorable Ifedayo Abegunde ara Abena that represented Akure Federal Constituency as a case study. He was elected under the platform of Labour Party (LP) but left the party for All Progressives Congress (APC), an appeal court ruled against him and he was removed following the pronouncement of the court.
(iii)
Security Outfits:- This involves all the security agents that normally provide logistics supports towards the success of an election.
Some of them are Nigerian Police Force (NPF), Nigerian Army, Nigerian Air Force, Nigerian Immigration Service, Nigerian Civil Defence Corps, among others.
They all synergize towards having a successful election by maintaining law and order before, during and after the elections. They stand at strategic places and guide all the election materials both sensitive and non-sensitive materials and all the players in the election process. They also check the excesses of the touts and electorates after the announcement of election results.
They do try their best as to stopping miscreants from taking over or obstructing the electoral process.
(iv)
Election Observers:- Election observers are people approved or accredited to observe the process of elections. They are governmental and non-governmental organisations (NGOs) involved in this.
We have both local and international observers.
They are to monitor the process but not to interfere in any of them. They move from one point to another during the election, after which they will come with a comprehensive report on the referenced election.
(v)
Press:- The role of the pressmen cannot be over-emphasized, it gives adequate coverage and publicity to all the electioneering process. Campaigns are beamed over the television(TV), radio, internet, social media, etc.
It is now a known fact now that, social media (such as
Facebook,
Twitter, Whatsapp, Blackberry Messenger (BBM), among others) have turned to the largest constituecy in Nigeria now.
It has helped some world leaders in winning elections, for instance, the current President of United States of America (USA), Barack Obama.
(vi)
Electorates:- This refers to the group of would-be voters. After they must have listened to the campaigns and manifestos of the parties cum candidates, will then visit their point of registration (otherwise known as polling units or voting points) on the election day to cast their votes for candidates of their choice under a very condusive atmosphere devoid of harassment and intimidation.
Electorates are the major stakeholder in the electoral process, because they will determine where the pendulum swings. If they decide not to cast their votes, What will the election Upper, Independent National Electoral Commission (INEC) count?
Concept of election tribunals in Nigeria
As stated in the introduction, that election tribunal is a special court that has jurisdiction to entertain only litigation that ensued after the election.
If after the election, you as a candidate or the party believes that Independent National Electoral Commission (INEC) didn't follow due process in the conduct of the election, as enshrined in the 1999 constitution of the Federal Republic of Nigeria as amended. You can then approach the election tribunal to challenge the result that was declared by the electoral commission.
It is worthy of note to state as well that judiciary usually sets up this tribunal immediately after the election to give room for people that felt created in the conduct of the election to seek redress.
But the case must be instituted at the election tribunal within a speculated period and we have had cases where election tribunals upturned the verdict of INEC elections, for instance, All Progressives Congress (APC) took over Edo State, Ekiti State, Osun State through tribunal verdict and also Labour Party (LP) of Ondo State all from Peoples Democratic Party (PDP) .
Though Peoples Democratic Party (PDP) has regained Ekiti State back when the former governor, Dr. Kayode Fayemi of APC lost to the incumbent Governor, Mr. Ayodele Fayose of People Democratic Party (PDP) on June 16, 2014.
And also that the incumbent governor of Ondo State, Dr. Segun Mimiko who won the state of the state under Labour Party (LP) has decamped to People Democratic Party (PDP).
Election tribunals have also upheld a lot of elections in Nigeria, over 80% of elections conducted in Nigeria are usually challenged at the election tribunal.
In a latest development, tribunal sacked the incumbent governor of Rivers State, Nyesom Wike and 20 PDP assembly lawmakers in the state some days ago but ordered a re-run in the case of Akwa Ibom State.
Election tribunal has brought sanity to Nigerians electoral system but as it exists in the conventional courts, election tribunal usually based its judgement on facts that are available. The case must be proved beyond any reasonable doubt.
But it must be added that election tribunal's judgement can also be upturned by an appelate court such as the Court of Appeal and Supreme Court but the case of gubernatorial elections, Senatorial elections and house of Representatives end at the Court of Appeal.
Summary
The way election tribunal judgements are being delivered at times, one may be tempted to ask if they follow the dictates of the power at the central, i.e Federal Government's influence.
When Peoples Democratic Party (PDP) was rulling at the federal level, PDP won a lot of tribunal cases then but now that All Progressives Congress (APC) is rocking the boat, it is as if APC is winning much cases now at the election tribunals.
No wonder the National Caucus of Peoples Democratic Party (PDP) called for an emergency meeting over this earlier this week, to discuss the tsunamic judgements against their party.
Conclusion
Court is seen as the last hope of the common man, so we expect the same policy to play out in the election tribunals all over Nigeria.
Judgement should be based on facts and evidences, not political influence. Election tribunals should not allow politicians to use them in settling their scores.
This will rekindle the hope that Nigerians have in the judiciary.
