INEC Announces Date For 2023 General Election: A Step In The Same Direction

By Akintayo Balogun Esq.

“it is not enough that the people know there was an
election. The people who cast the votes decide nothing. The people
who count the votes decide everything”.

Joseph Stalin

The Independent National Electoral Commission (INEC), on
28^th April, 2021, announced the date
for the forthcoming 2023 general elections in Nigeria. The Chairman
of the Commission, Prof Mahmood Yakubu made the announcement at a
one-day public hearing on the National Electoral Offences
Commission (Establishment) Bill 2021, organized by the Senate
Committee on INEC. He specifically stated that the general election
(probably the Presidential election, though not specifically
stated), would hold on 18^th February,
2023, which according to him, is exactly one year, nine
months, two weeks and six days from the day the announcement was
made. It is impressive that INEC, the body saddled with the
responsibility to conduct all elections in Nigeria, has already
announced a date for the 2023 election, as early as
28^th of April, 2021. Well, this is a
commendable step in planning well ahead of time. It would also give
room for Political Parties to plan their itineraries in line with
the date announced by INEC.

However, this for me, might not be the right move at the moment.
It is good to plan ahead of time but it is also very important to
take a cue from the electoral successes, challenges, mistakes,
lapses and blunders of the past and use same to correct the
planning of tomorrow’s general elections. This is what INEC has
failed or is failing to do. With the announcement of the date for
the 2023 elections, it is obvious to me that INEC has not made or
created any modality to upgrade our elections and elevate it to the
required standard that is deserving of a country like Nigeria. We
are only going around the same circle and committing the same
blunders of the years gone by. Many Nigerians have gotten to the
point where they no longer believe in what happens at the polling
unit (my humble self-inclusive). In Nigeria elections, it has
become the norm that the better ‘manipulator’ wins the election and
not always the candidate with the highest votes. Politicians now
muster all efforts by the hook or by the crook to ensure that they
are declared winners at the collation centers, no matter what had
happened at the polling units. Once this announcement is achieved
at the collation center, it takes more than an uphill task and a
near impossibility exertion, for the losing party to upturn
election results in the Nigerian courts, most especially a
Presidential election in Nigeria. See the case of Abubakar
v. I.N.E.C . (2020) 12 NWLR (Pt.1737) 37 SC, where the
Supreme Court held thus:

“It is more difficult now under the legal regime of the
Electoral Act, 2010 (as amended) where the Election Tribunal or
court has 180 days to hear and determine petitions. There is no
time to hear and determine petitions. There is no time to call such
number of witnesses. This demonstrates the frustration of a
petitioner seeking to set aside an election on ground on
non-compliance (Buhari v Obasanjo (2005) 13 NWLR (Pt. 941) 1
referred to)P. 125, paras.D-H)”

Now, the question is this; what improvement has INEC put in
place so that the lapses of previous elections are not
repeated?

Nigerian general elections since independence have been
structured in a way that majority of illegible persons don’t bother
to get registered and when they do, they would not even bother to
go to polling units. Many middle class and first class citizens
don’t bother to go to the polling units. They cannot afford to risk
their lives in the face of consistent electoral
malpractices/violence for a morsel of bread offered by the
politicians. They cannot afford to waste their time and energy
under the sun to join a queue to vote for a politician that might
never be of any benefit to them. INEC has failed to deal with the
underlying issues that has always made our elections questionable.
For the avoidance of doubt, we would make a fair list of challenges
of past elections in Nigeria.

1. Limited autonomy of INEC;
2. Stalling of the Bill to amend the Electoral Act, 2010 (As
   amended);
3. Unending litigation as a result of indecisive primary elections
   of Political Parties;
4. Post-election litigation by aggrieved candidates;
5. Unreliable voters register combined with serious logistic and
   communication problems;
6. Nonfunctional card readers and Non-recognition of card readers
   by the judicial hierarchies,
7. Rigging, overstuffing of ballot boxes and over bloating ballot
   register;
8. Special treatment of voters, vote buying and election officials
   by interested parties;
9. Underage voting;
10. Stealing or destruction of ballot box;
11. Kidnapping of electoral officers;
12. Electoral violence, thuggery, killing, maiming and destruction
    of properties;
13. Soliciting and accepting kickbacks by electoral officers;
14. Distortion or doctoring of results;
15. Inability of voters to transfer their voting unit open
    relocation;
16. Annulment, forgery and falsification of election results;
17. Lack of discipline in the forms, spirit and implementation of
    the election process;
18. Excessive monetization of politics in general;
19. A “Must win” philosophy pervasive among the political
    elites;
20. Inability of Nigerians in diaspora to vote;

The aftermath of 2019 general election, led to the European
Union report (on how about 2.8 million votes were deliberately
“cancelled without sufficient accountability” and a large
discrepancy of 1.66 million more registered voters, as announced by
INEC on January 14, compared to those announced by state returning
officers during the collation of presidential results). This spoke
a mammoth on the nature of the said election.

Again, I ask, has these challenges been surmounted? Has INEC
developed modalities to ensure there is a smooth conduct of
Nigeria’s general elections devoid of the listed issues come
18^th February, 2023? I see none.

Announcing a date for the election is the least of what Nigeria
needs at the moment. Developing a better framework for the conduct
of the general election, and making it all inclusive for both
Nigerians at home and abroad should be the factor on the front
burner for INEC and not announcing a date for a repeat of bad
history. As it is now, if 2023 elections should take place, there
would not be any difference/improvement between the 2023 election
and past elections. This ought not to be. If INEC can spend the
next one year to ensure the eradication or reduction of this
underlying factors that have plagued our electoral system since
independence, then 3 months would be too much to draft a timetable
and to fix dates for the general election.

Respectfully, I must say that the announcing of the date for
election that would hold in about 2 years from now, does not in any
way improved the quality of elections conducted in Nigeria. As a
matter of fact, it does not change anything. It has only helped to
create an awareness that an election would soon hold to either
change government or to run for a second or more terms.

Electronic Voting in Nigeria

I have been an advocate of voting through mobile phones.
Unfortunately the bill that would have enabled this procedure is
gradually being buried and may never be exhumed except with a
government that is determined to get it right with our elections.
Due to the volatile nature of Nigeria’s election, we should have
been able to develop a system where Nigerians can sit in the
comfort of their homes and simply vote with their mobile phones.
The telecommunication industry in Nigeria has developed a very wide
coverage of presence across the entire federation, except some very
few spots where network is bad or non-existing. But there is almost
no corner of the country where the signals of one or two of the
networks providers cannot be found. The modalities the
telecommunication providers would have to be put in place is to
ensure it is “one man, one registered phone number, one
vote”

The reason many of our politicians would kick against such moves
to make elections seamless is because they would not have the
capacity to influence people’s decision as such any longer. They
also would not have the ability to manipulate the results any
longer.

However, as along as Nigerians would have to go to the polling
unit, join the queue, be accredited and all that procedure, as well
as the possibility of electoral violence that always looms in the
air, then majority of eligible voters would rather take off the day
to rest at home than stress out their already stressed out system
on a queue. Thuggery and violence at election grounds has been one
of the strongest and discouraging factor for which many Nigerians
including my humble self would always stay away from election
grounds, but when voting is conducted in the comfort of our houses,
thuggery and violence would have no place in the election.

In conclusion, INEC should learn from its past experiences and
use it to recreate and execute a special electioneering framework
in Nigeria, wherein Nigerians both home and in diaspora would be
encouraged to participate in the electoral process from the comfort
of their homes. As it is now, the announcement of a date for the
conduct of the 2023 general elections, has not changed anything. As
a matter of fact, it has only further heightened our fears that
troubled days of election violence and manipulations are not far
again. As far as the electoral process is concerned in Nigeria, we
are where we used to be and probably worse off than it used to be.
However, INEC can push to change the rhythm, I hope they will do so
before 18^th February, 2023.

Akintayo Balogun Esq., LL.B (Hons), BL, LL.M,
is a legal practitioner in private practice and based in Abuja,
FCT. A prolific writer, public affairs analyst and commentator on
national issues. akinson6@gmail.com^[1].

By Akintayo Balogun Esq.

“it is not enough that the people know there was an
election. The people who cast the votes decide nothing. The people
who count the votes decide everything”.

Joseph Stalin

The Independent National Electoral Commission (INEC), on
28^th April, 2021, announced the date
for the forthcoming 2023 general elections in Nigeria. The Chairman
of the Commission, Prof Mahmood Yakubu made the announcement at a
one-day public hearing on the National Electoral Offences
Commission (Establishment) Bill 2021, organized by the Senate
Committee on INEC. He specifically stated that the general election
(probably the Presidential election, though not specifically
stated), would hold on 18^th February,
2023, which according to him, is exactly one year, nine
months, two weeks and six days from the day the announcement was
made. It is impressive that INEC, the body saddled with the
responsibility to conduct all elections in Nigeria, has already
announced a date for the 2023 election, as early as
28^th of April, 2021. Well, this is a
commendable step in planning well ahead of time. It would also give
room for Political Parties to plan their itineraries in line with
the date announced by INEC.

However, this for me, might not be the right move at the moment.
It is good to plan ahead of time but it is also very important to
take a cue from the electoral successes, challenges, mistakes,
lapses and blunders of the past and use same to correct the
planning of tomorrow’s general elections. This is what INEC has
failed or is failing to do. With the announcement of the date for
the 2023 elections, it is obvious to me that INEC has not made or
created any modality to upgrade our elections and elevate it to the
required standard that is deserving of a country like Nigeria. We
are only going around the same circle and committing the same
blunders of the years gone by. Many Nigerians have gotten to the
point where they no longer believe in what happens at the polling
unit (my humble self-inclusive). In Nigeria elections, it has
become the norm that the better ‘manipulator’ wins the election and
not always the candidate with the highest votes. Politicians now
muster all efforts by the hook or by the crook to ensure that they
are declared winners at the collation centers, no matter what had
happened at the polling units. Once this announcement is achieved
at the collation center, it takes more than an uphill task and a
near impossibility exertion, for the losing party to upturn
election results in the Nigerian courts, most especially a
Presidential election in Nigeria. See the case of Abubakar
v. I.N.E.C . (2020) 12 NWLR (Pt.1737) 37 SC, where the
Supreme Court held thus:

“It is more difficult now under the legal regime of the
Electoral Act, 2010 (as amended) where the Election Tribunal or
court has 180 days to hear and determine petitions. There is no
time to hear and determine petitions. There is no time to call such
number of witnesses. This demonstrates the frustration of a
petitioner seeking to set aside an election on ground on
non-compliance (Buhari v Obasanjo (2005) 13 NWLR (Pt. 941) 1
referred to)P. 125, paras.D-H)”

Now, the question is this; what improvement has INEC put in
place so that the lapses of previous elections are not
repeated?

Nigerian general elections since independence have been
structured in a way that majority of illegible persons don’t bother
to get registered and when they do, they would not even bother to
go to polling units. Many middle class and first class citizens
don’t bother to go to the polling units. They cannot afford to risk
their lives in the face of consistent electoral
malpractices/violence for a morsel of bread offered by the
politicians. They cannot afford to waste their time and energy
under the sun to join a queue to vote for a politician that might
never be of any benefit to them. INEC has failed to deal with the
underlying issues that has always made our elections questionable.
For the avoidance of doubt, we would make a fair list of challenges
of past elections in Nigeria.

1. Limited autonomy of INEC;
2. Stalling of the Bill to amend the Electoral Act, 2010 (As
   amended);
3. Unending litigation as a result of indecisive primary elections
   of Political Parties;
4. Post-election litigation by aggrieved candidates;
5. Unreliable voters register combined with serious logistic and
   communication problems;
6. Nonfunctional card readers and Non-recognition of card readers
   by the judicial hierarchies,
7. Rigging, overstuffing of ballot boxes and over bloating ballot
   register;
8. Special treatment of voters, vote buying and election officials
   by interested parties;
9. Underage voting;
10. Stealing or destruction of ballot box;
11. Kidnapping of electoral officers;
12. Electoral violence, thuggery, killing, maiming and destruction
    of properties;
13. Soliciting and accepting kickbacks by electoral officers;
14. Distortion or doctoring of results;
15. Inability of voters to transfer their voting unit open
    relocation;
16. Annulment, forgery and falsification of election results;
17. Lack of discipline in the forms, spirit and implementation of
    the election process;
18. Excessive monetization of politics in general;
19. A “Must win” philosophy pervasive among the political
    elites;
20. Inability of Nigerians in diaspora to vote;

The aftermath of 2019 general election, led to the European
Union report (on how about 2.8 million votes were deliberately
“cancelled without sufficient accountability” and a large
discrepancy of 1.66 million more registered voters, as announced by
INEC on January 14, compared to those announced by state returning
officers during the collation of presidential results). This spoke
a mammoth on the nature of the said election.

Again, I ask, has these challenges been surmounted? Has INEC
developed modalities to ensure there is a smooth conduct of
Nigeria’s general elections devoid of the listed issues come
18^th February, 2023? I see none.

Announcing a date for the election is the least of what Nigeria
needs at the moment. Developing a better framework for the conduct
of the general election, and making it all inclusive for both
Nigerians at home and abroad should be the factor on the front
burner for INEC and not announcing a date for a repeat of bad
history. As it is now, if 2023 elections should take place, there
would not be any difference/improvement between the 2023 election
and past elections. This ought not to be. If INEC can spend the
next one year to ensure the eradication or reduction of this
underlying factors that have plagued our electoral system since
independence, then 3 months would be too much to draft a timetable
and to fix dates for the general election.

Respectfully, I must say that the announcing of the date for
election that would hold in about 2 years from now, does not in any
way improved the quality of elections conducted in Nigeria. As a
matter of fact, it does not change anything. It has only helped to
create an awareness that an election would soon hold to either
change government or to run for a second or more terms.

Electronic Voting in Nigeria

I have been an advocate of voting through mobile phones.
Unfortunately the bill that would have enabled this procedure is
gradually being buried and may never be exhumed except with a
government that is determined to get it right with our elections.
Due to the volatile nature of Nigeria’s election, we should have
been able to develop a system where Nigerians can sit in the
comfort of their homes and simply vote with their mobile phones.
The telecommunication industry in Nigeria has developed a very wide
coverage of presence across the entire federation, except some very
few spots where network is bad or non-existing. But there is almost
no corner of the country where the signals of one or two of the
networks providers cannot be found. The modalities the
telecommunication providers would have to be put in place is to
ensure it is “one man, one registered phone number, one
vote”

The reason many of our politicians would kick against such moves
to make elections seamless is because they would not have the
capacity to influence people’s decision as such any longer. They
also would not have the ability to manipulate the results any
longer.

However, as along as Nigerians would have to go to the polling
unit, join the queue, be accredited and all that procedure, as well
as the possibility of electoral violence that always looms in the
air, then majority of eligible voters would rather take off the day
to rest at home than stress out their already stressed out system
on a queue. Thuggery and violence at election grounds has been one
of the strongest and discouraging factor for which many Nigerians
including my humble self would always stay away from election
grounds, but when voting is conducted in the comfort of our houses,
thuggery and violence would have no place in the election.

In conclusion, INEC should learn from its past experiences and
use it to recreate and execute a special electioneering framework
in Nigeria, wherein Nigerians both home and in diaspora would be
encouraged to participate in the electoral process from the comfort
of their homes. As it is now, the announcement of a date for the
conduct of the 2023 general elections, has not changed anything. As
a matter of fact, it has only further heightened our fears that
troubled days of election violence and manipulations are not far
again. As far as the electoral process is concerned in Nigeria, we
are where we used to be and probably worse off than it used to be.
However, INEC can push to change the rhythm, I hope they will do so
before 18^th February, 2023.

Akintayo Balogun Esq., LL.B (Hons), BL, LL.M,
is a legal practitioner in private practice and based in Abuja,
FCT. A prolific writer, public affairs analyst and commentator on
national issues. akinson6@gmail.com^[1].