SERAP Blames Successive Govts, NASS For 2019 Election Delay, Threatens To Sue

Socio-Economic Rights and Accountability Project (SERAP) has
asked Nigerians to “hold successive governments since the return of
democracy in 1999 and the leadership of the National Assembly
responsible for the patently unlawful postponement of the 2019
general elections scheduled to hold yesterday but now to hold on
Saturday.”

The organization said: “Given the increasing tendency to
postpone elections and the cumulative failures and corruption over
the years, SERAP would, after the elections, pursue appropriate
legal action against the government in power and the National
Assembly leadership for the catalogue of breaches of constitutional
and international obligations, and seek effective remedies for the
citizens.”

In a statement today signed by SERAP deputy director Kolawole
Oluwadare, the organization said: “The postponement of Nigeria’s
elections since 2007 shows a systemic failure of leadership at the
highest level of government, and suggests that our electoral
process is deliberately skewed in favour of politicians’ interests,
who continue to profit from the corruption and impunity that have
characterised the process since 1999, and against those of the
citizens.”

According to the organization: “Calling for the resignation of
the Independent National Electoral Commission (INEC) Chairman,
Professor Mahmood Yakubu rather than addressing the root causes of
persistent postponement of elections is a blatant attempt by
politicians to scapegoat the electoral commission.”

The statement read in part: “While the INEC leadership ought to
proactively push for reform of the electoral system, successive
governments and leadership of the National Assembly that have the
legal responsibility but have remained largely impervious to
revolutionary change of the electoral system, should be held to
account for this fundamental breach of public trust.”

“Foisting outdated electoral system on Nigerians, and spending
huge public funds to sustain it, seems in uneasy tension with
constitutional provisions and Nigeria’s international obligations
including under the International Covenant on Civil and Political
Rights, African Charter on Human and Peoples’ Rights, and African
Charter on Democracy, Elections and Governance to which Nigeria is
a state party.”

“Rather than prioritising genuine and comprehensive reforms of
the electoral system that would upgrade and modernize our voting
processes, successive governments and leadership of the National
Assembly would seem to prefer the status quo, presumably
to undermine citizens’ right to participation and to continue to
profit from the corruption and impunity that the current system and
processes breed.”

“It is clear that the current electoral process is vulnerable to
corruption but politicians would seem to have little incentive to
comprehensively reform, upgrade and modernise it. It is unlikely
that either the federal government or the National Assembly would
take the steps necessary to sort out our electoral system, and
improve transparency, accountability and integrity of the electoral
process.”

“We urge Nigerians to take more active role in the fight against
corruption, including by putting pressure on the authorities at the
federal and state levels and the National Assembly to
comprehensively reform, upgrade and modernize our electoral system
and processes. Otherwise, citizens’ right to participate in the
governance system will remain a ‘hollow right’.”

“Given that the right to vote is considered a part of an
individual’s fundamental right to political participation,
persistent postponement of elections in the country raises serious
questions about the legitimacy and integrity of Nigeria’s fledgling
democracy.”

“Persistent failure to upgrade and modernize the electoral
system has effectively relegated the right of participation to
paper tiger status, undermining the ability of citizens to
genuinely participate in the fight against corruption and to hold
their leaders to account. Yet, a transparent, accountable and
modernized electoral process is a prerequisite to the effective
exercise of citizenship in a democratic society.”

“No right is more precious in a democratic country than that of
having a voice in the election of those who represent us. That
voice is not lost when the electoral process is skewed in favour of
politicians’ interests and against the Nigerian voters. Other
rights, even the most basic, are illusory if the right to vote is
undermined by the collective failure to upgrade and modernize the
country’s electoral processes.”

“It is time to push for revolutionary changes in how Nigeria
conducts its elections. The changes should effectively deploy
modern technology, which has been successfully used in the business
and other sectors in the country. Such changes may include the
introduction of a national system of Internet voting, to innovative
ideas on how to adapt the election systems to facilitate
participation by different sectors of the population, to conform
with twenty-first century elections.”

“The postponement is the by-product of a systemic and collective
failure by successive governments and National Assembly leadership
to provide Nigerians with reliable, efficient and secured electoral
system, which has continued to undermine public confidence in
elections as well as the public’s right to vote and participate in
their own government.”

“SERAP would also deploy the Freedom of Information Act to seek
information on details of spending by INEC since 1999, as part of
our initiatives to improve transparency and accountability of
governmental operations and promote respect for citizens’ right to
participate in the processes of government and governance in the
country.”

“SERAP notes that postponement of general elections has become a
recurring feature of the country’s electoral process. For example,
the 2007 general elections witnessed late arrival of election
materials from South Africa in April of that year, contributing to
denying millions of voters their right to political
participation.”

“SERAP also notes that the 2011 general election suffered the
same organizational lapses, with the elections postponed for two
days after it had commenced. In 2015, the government of former
president Goodluck Jonathan postponed the election for six weeks on
the pretext that it needed time to reclaim the local governments
reportedly taken over by the Boko Haram terrorist group.”

“The INEC on the morning of the elections shifted presidential
and National Assembly elections to 23rd February, 2019. The
Governorship, State House of Assembly and the FCT Area Council
Elections are to hold on 9th March, 2019.”