Articulating The Pivotal Role Of The Police In Electoral Activities In Nigeria By: Peter Andem

INTRODUCTION

Elections are one of the most important foundations of any
democracy. Elections belong to the people. Principles of democratic
elections are usually traced to the precept that citizens have the
right to take part in government and in the conduct of public
affairs of their countries. This fundamental concept embodies the
understanding that sovereignty belongs to and flows from the people
of a country. See section 14(2)(b) of the constitution of the
Federal Republic of Nigeria 1999 (as amended). Section 14(1) of the
same constitution posits that Nigeria shall be a State based on the
Principles of democracy and Social justice.

Elections are therefore organized explicitly to ascertain and
honour the people’s will as to who should occupy elected office and
governed in the people’s interest. In a free and fair election the
result of an election reflects the intentions of the voters as
expressed through their basic right to vote, free from
discrimination, verbal or physical abuse, harassment, and violence.
Although electoral process should be peaceful and inclusive, in
practice, they can trigger dynamics that lead to violence and the
particular targeting or disadvantaging of certain individuals or
sections of society due to their age, sex, ability or disability,
social or economic background, political or ethnic and religious
background or any other social identity markers.

At all times, it is the traditional role of the police to secure
peace, stability and security in a country. This is even more
during elections when citizens are more actively involved in the
process of election campaigns, marches, assemblies, and other
activities where they express themselves and associate themselves
with specific political parties or groups and their programmes. It
must be noted that it is of great importance and infact a grave
duty on the police to be impartial and allow people to express
themselves within the parameters of the law.

It must be noted that Police officers are representative of the
state and not a particular political party. Their role is to assist
in ensuring a smooth, free and fair election in a democratic
society. Democratic policing requires that the police stand out of
politics and protect democratic political activities and
processes.

Elections, when they are not managed properly or satisfactorily,
can endanger the democratization progress they are intended to
serve. When the management of the electoral process or the
electoral process itself is of dubious quality, and as such
questionable, this can inevitably lead to instability or even
threaten the entire democratization process. When the electoral
system is not well conceived and the conduct of elections is
partial and bias, this can certainly pave way for deeper ethnic or
regional division, loss of legitimacy of elected authorities, loss
of confidence and trust of electoral officers, protest, violence
contestation social explosion, pandemonium, doubt about
institutions and result in violence and chaos.

While all hands must be on deck to ensure, fair, free and
democratic elections, the police and other security officials are
specially empowered by the law of the state and international
principle of best standard and practices to ensure that human
rights and liberty, and property are protected before, during, and
after elections.

POLICING DURING ELECTORAL PROCESS

The electoral process involves three important stages: the run
to the elections when there are public meetings, marches rallies,
etc by political parties with contending interest and ideologies,
polling day when the citizens cast their ballots while the police
are required to ensure the balloting takes place in an atmosphere
of peace and tranquility and the post-election stage when citizen,
adapt various forms of expressing their view and opinions about the
whole electoral process. Both stages bring concrete challenges to
the policing function. Police officers must be able to navigate and
negotiate through these contending processes and strive to avoid
the taking of any arbitrary measures which would inhibit the
exercise of democratic rights by the citizens.

It must be noted that the police officers have a very important
role in the protection of human rights because of the fact that
they are dealing with people on a daily basis, especially with
people who are suspected of committing crime and people who
are/were the victims of crime.  This is even more so during
the run up to the election, during and after election process where
citizens will be more active in expressing themselves, holding
meetings, rallies and processions. It is therefore important for
police to understand their role as law enforcement officials and as
protectors and enforcers or human rights. Police officers should
also understand the basic principles of performing their duties
with human rights as the basis for their actions. However, it is
noteworthy to opine that police officers are in the position to
legally limit some of the very fundamental rights of people,
especially people who are suspected of committing a crime, for
example during arrest, detention, investigation and searches,
managing crowds and maintenance of public order and tranquility.
There are however factors to take into consideration when limiting
rights.

In policing or in enforcing the laws, it is of utmost importance
for police officers to bear at the back of their minds that all
citizens have equal right  and must be treated equally in the
front of law during elections even more so where different
opposition parties try to undermine each other and try to stop each
other from having meetings, marches, rallies where they express
themselves or associate with their own political. During this
period police officers have to be even more vigilant not to be seen
to take side with one group or political party, whether such group
or political party controls the machinery of government or not
police officers must therefore not only be impartial but must also
be seen to be impartial. In the context of democratic elections,
they need to ensure citizens are able to vote/participate otherwise
in the political processes, free form discrimination, verbal or
physical abuse, harassment, intimidation and violence.

DURING PRE-ELECTION: Pre-election period is a
critical part of any democratic election process. This is the
period when political parties are given the opportunity to register
and then to market and promote themselves. This is normally
difficult period for the police because of the fact that there is
heightened tension between  political parties and their
supporters during the election campaign. There are more political
activities in the form of political rallies, meetings marches,
demonstrations where police are expected to keep the peace and
ensure the security of all the participants as well as other
members of the public and their property that are involved in the
political activities.

The police must maintain law and order and public tranquility.
During the pre-election processes the primary responsibility of the
police is

• To protect the integrity of the electoral process, and outcomes
  of the election
• To safeguard the security of persons and property during the
  campaign and voting period
• To ensure the safety of the electoral officers administering
  the election before, during and after the election
• To provide security for candidates during campaigns and
  election in a non-discriminating basis.
• To ensure and preserve a free, fair, safe and lawful atmosphere
  for campaigning by all political parties and candidates, as well as
  their supporters and the general population, without
  discrimination.

ON THE ELECTION DAY: On The day of the election
the most important role of the police is to fulfill their
traditional role in term of preserving the peace and maintenance of
Law and order.  In accessory to this, the Police are also
expected to help in ensuring that the election runs smoothly. 
There should be cooperation between the Police and all political
parties and their agents to ensure orderly polling and complete
freedom to voters to exercise their right to vote without being
subject to any annoyance or obstruction.  The specific tasks
required to be carried out by the Police in this regards
include:

• Providing security for electoral officials at the polling
  station.
• Maintaining peaceful conditions, law and order around the
  polling stations.
• Ensuring that voters can vote freely and without hindrance,
  including freedom from discrimination, verbal/physical abuse,
  harassment, and violence.
• Ensuring that no one intimidates or interferes with
  voters.
• Ensuring that voters can enter or leave the polling station
  freely and without hindrance.
• Assist in dealing with people who misconduct themselves at the
  polling state.
• Ensuring the security of election materials at voting and
  counting stations and during the transportation thereto.
• Police should ensure that election material are not stolen,
  hijacked, destroyed or fraudulently altered by any group of
  person.
• They should not allow themselves to be used to rig an election
  or should not compromise standards that can aid in the rigging of
  election.
• The Police need to observe impartiality and non-discrimination.
  They should remain non-partisan and neutral.
• The Police need to retain an awareness that they do not serve a
  particular regime or political party but they are a National
  Institution and that they represent the state.
• Police officers who work at Polling Stations should be
  friendly, discreet, professional and disciplined.
• They should not involve themselves in any corrupt practices and
  should arrest with any persons that tends to corrupt them or the
  voters at the polling stations.

AFTER THE ELECTIONS: The period after the
election when the result are made known and political leaders are
sworn to their new posts are also a very important part of any
democratic process.  During this process Police Officers
should continue to preserve the peace and maintain law and
order.  The post election stage may see violence against
individuals or groups. The Police must be up and doing to ensure
that the lives and property of the people are safe and
protected.

ARREST BY THE POLICE DURING ELECTORAL
PROCESS

It is worthy to note that arrest is important in the process of
Law enforcement and administration of criminal justice.  An
arrest is one of the serious infringement on the right of an
individual.  Therefore an arrest should only be effected when
necessary and in accordance with the Law. This means that all
arrest should be legal.  This principle of legality is
violated if somebody is either arrested or detained on grounds
which are not clearly established in, or which are contrary to
constitution or other domestic laws. Arbitrary arrest is therefore
illegal and should be avoided.

An arrested persona is always presumed to be innocent until
proven guilty by a competent court of jurisdiction. Section (36(5)
of the CFRN,1999 (as amended).   For this reason every
person arrested should be treated humanely and in accordance with
the Law-see section 34(2) (3) of the CFRN,1999 (as amended). 
Arrest is not a punishment or a method to temporary remove unwanted
persons in society in order to clean up the area, but an arrested
person should be brought before a judicial authority of the purpose
of having the legality of his arrest or detention considered and
reviewed without delay and the arrested person shall be released if
the arrest or detention is found to be unlawful. Section 34(4) (a),
(b) of the CFRN,1999 (as amended) .

The Police should always remember the principle of
proportionality when there is need to use force to arrest. 
This means that if no force is needed to arrest, the Police should
not use any force at all and if they need to use force, the Police
should only use the necessary force needed to arrest a
person.  The principle of proportionality requires that the
method, which employs the minimum force to achieve a goal, should
always be chosen.  It is important for the Police officers to
bear in mind that when arresting a suspect, there is need to strike
a balance between doing their duty well and respecting the rights
of the suspect.  It is not proper for the Police to use an
arrest or excessive use of force to punish a suspect. This must be
avoided in especially in a civilized and democratic society like
ours.

CONCLUSION: The 2019 general elections in
Nigeria are fast approaching and the citizens expects a lot from
the institutions charged with the organization of a free and fair
elections. The citizens expect a whole lots from the Police in the
aspects of protection of lives and security as elections are
normally politically charged.  Police Officers must be
sensitive in the way they handle situations especially between
rival parties.  Police Officers must always strive to avoid
conduct that can be interpreted as unfair, high handed or
politically motivated.  Policing in a democratic society
includes safe-guarding the exercise of democratic activities.
Therefore the Police must respect and protect the rights of freedom
of speech, freedom of expression, association, and movement,
freedom from arbitrary arrest and exile, and impartiality in the
administration of Law. In the event of unlawful but non-violent
assemblies, the Police must avoid the use of force or where this is
not possible, limit its use to the minimum.  In dispersing
violent assemblies, firearms may be used only when less dangerous
means prove ineffective and when there is an imminent threat of
death or of serious injury.

Firing indiscriminately into a violent crowd is never a
legitimate or acceptable method of dispersing it. The Police must
have as their highest priority the respect for and the protection
of life. This principle has particular application for the use of
force by the police. It is worthy to note that, while the use of
force is often indispensable to proper policing-in preventing a
crime or in effecting or assisting in the lawful arrest of
offenders or suspected offenders, police officers must be committed
to the principle that the use of force must be considered as an
exceptional measure, which must not be executed arbitrarily, but
must be proportionate to the threat, minimizing damage and injury,
and used only to the extent required to achieve a legitimate
objective.

The Police must always verify the lawfulness of their intended
actions and should refrain from carrying out any order that they
know, or ought to know, is unlawful.  In order to live up to
the public’s trust, the police must demonstrate professionalism and
integrity by adhering to a code of professional conduct. During
electoral activities and even beyond that, the police must execute
their duties in a skillful, honest, impartial and efficient manner,
considering only the public interest and the people they serve. It
is worthy to use this medium to call on the Inspector General of
Police, Commissioners of Police and all other authorities in charge
of Nigeria Police to ensure that all the Police officers are
specifically trained and re-trained in the aspects of security and
protection of lives in electoral activities and beyond. It is also
appropriate here to call on the authorities of government to
equipped the Police Force with the necessary security apparatus for
effective and pragmatic policing before, during and after the
elections and even beyond, bearing in mind that the security and
welfare of the people is the primary purpose of government-( see
section 14(2)(b) of the  CFRN, 1999 (as amended)), and the
participation by the people in their government shall be ensured in
accordance with the supreme law of the land-(see section 14(2)(c)
of the CFRN, 1999 (as amended)).

Peter Andem, LL.M  is an Advocate and
Solicitor of the Supreme Court of Nigeria qua Legal Practitioner at
Bola Ige Chambers, Ibadan, Human Right Activist and a Legal
Consultant at Citizen’s Gavel Foundation for Social Justice, Yaba,
Lagos. He can be reached via his email
address-peterandem@yahoo.com.