The Abuja School
Concluding our series on the 2023 general elections, this fourth installment offers a nuanced perspective on the evolving dynamics of electoral integrity. Join us as we reflect on the lessons learned, the progress made, and the ongoing pursuit of democratic ideals in the realm of electoral governance. The Abuja School and its partners have been analyzed reports of decisions by courts on the election. We are worried by the fact that the courts have taking over the electoral process. This is a dangerous development for democracy and sustainable peace in the court. The electoral process is based on the will of the people and the freedom of the people to choose their leaders. This process needs to be strengthened to avoid the possibility of violence post-election.
The role of the courts in managing electoral disputes has become controversial. A few weeks ago, the Supreme Court declared that former Governor Akpabio the lawful candidate for Senate in Akwa Ibom. This is a matter that the INEC Rec reported that Akpabio did not contest the right primary. We take the view that in such case as the Akpabio case the intervention of the Supreme Court often suggest usurpation of the right of party members to elect their candidates. The worst case is the case of the Senate President who did not contest for the Senate because he was involved in the primary for the presidential candidate of his party. The court basically imposed him on the ground of the internal affair of the party and on the mere technicality of the form of originating the suit by Machina. These decision expose the highest court of the land to complaint of taking over the work of INEC and the voters.
Another of the cases that weaken confidence in the judiciary and its role in the electoral process is the case over the leadership of the All Progressives Grand Alliance (APGA). In the case the Supreme Court made a error of referring to Chief Umeh instead of Chief Edozie Njoku as the Chairman of the party. Justice Mary Odili, who read the lead judgement has written to correct the error. But instead of the Supreme Court clarifying the true situation through a definite statement, it has allowed political gladiators to feed on the confusion it created to engage in persecution of one another. There is allegations of corruption leading to both court officials and the police prosecuting Edozie Njoku for fraud. If the letter from Justice Mary Odili is a fraud, the court should state and confirm that there is no error. But a letter from the Chief Justice has confirmed that there was an error. So, why is the person who ought to benefit from the court decision being prosecuted for fraud?
It is also a surprise that INEC would not follow clear rules where a court decision and definite like the case of Edozie Njoku. INEC being part of this Suit and by virtue of their recognition of Jude Okeke as the Acting National Chairman of APGA, upon the purported suspension of Chief Edozie Njoku are merely risking the eventual cancellation of the 2023 general election on the grounds of unlawful exclusion.
The Abuja School has identified a dangerous nexus that needs to be closely monitored to ensure that we have free and fair elections. That nexus is desperate politicians-weak INEC-overbearing court. We need to stop the activities of desperate politicians who will stop at nothing to distort and manipulate the system. It will be futile for INEC to trust these politicians and play into their hand. In our view, the proper stance is to doubt their good faith and keep them at arm’s length as much as possible. The danger of not be careful and neutral is that INEC will lose the trust of the people. Without such trust there will be no credible elections.
There is already dangerous development in this regard. Early this week, there was report that the INEC is determined to use MC Oluomo’s logistic platform to handle sensitive materials for the elections in Lagos State in spite of being a decorated general in the presidential campaign of the APC. The presidential candidate of the PDP has called on INEC not to employ MC Oluomo group for movement of electoral materials because of the real possibility of undermining the credibility of the elections in Lagos State.
INEC needs not be told that any association with any platform under the control of MC Oluomo is a big risks. Whatever it will take for INEC to maintain credibility must be done. INEC should go the extra mile to ensure that it does not jeopardize the credibility of the elections it is conducting. Any dealing with MC Oluomo controlled platform is a complete negation of objectivity and neutrality.
The 2023 general election calls for less judicial intervention. We recommend that the courts develop a better jurisprudence that will enable it to revert ultimately to the political bodies, especially to INEC. Instead of making the final decisions in these cases, INEC should rather give directions to INEC on what to take into consideration to make a better decision. This will be a more legitimate approach in adjudicating electoral matters. We want to see court only decision those issues that are more judicially manageable and reserve the politically complicated decisions to INEC.
But the fear remains that INEC has not grown in its professionalism and integrity to manage these issues. INEC’s failure to be authoritative and procedurally smart as a regulator is one reason the courts are drawn needlessly in conflicting political arena. If INEC becomes more authoritative and transparent in its decision-making, there will be little resort to the courts and where matters come to the courts, they will be more willing to revert it back to INEC to decide with guidelines from the court.
We want to see INEC take a bold and correct decision in the MC Oluomo and APGA cases. In the case of MC Oluomo, INEC should disengage his road transport union from distribution of materials in Lagos State because of his obvious and open involvement in the presidential campaigns of Bola Ahmed Tinubu of the APC. In the case of APGA leadership tussle, INEC should immediately affirms the decision of the court on the matter and no long refuse to seat Edozie Njoku who the Supreme Court seem to have recognized as Chairman of the party.