Rejection Of Electronic Transmission Of Election Results By Senate Is Not Surprising — Okutepa [SAN]

*Says Majority Of Politicians Cannot Win Free And Fair
Elections
*Says NASS Makes Laws Based On Selfish Interests

A Senior Advocate of Nigeria, Jibrin Samuel Okutepa, has bared
his mind on the Senate’s rejection of electronic transmission of
results

Okutepa, in a statement made available to Nairalaw, said
the rejection is not surprising because majority of politicians
cannot win free and fair elections. That though Nigerian government
claims to be practicing democracy, in reality, it does not.
According to him, in Nigeria sovereignty does not belong to the
people.

He said, “There is no way the majority of the present crops of
members of the National Assembly will past any law or legislation
that will ensure electronic transmission of results of elections in
Nigeria.

“I am not surprised and no one should be surprised that the
Senate of the Federal Republic of Nigeria has subjected the power
of INEC to do its constitutional duties to NCC and even the
National Assembly when it comes to transmission of election results
electronically.

“First majority of Nigerian politicians cannot win any free,
fair and credible election in this country. While Nigerian
government pretends to be practicing democracy, what we have as a
system of government cannot be a democracy. It is an assemblage of
a system that has all the attributes of Apartheid.

“In Nigeria sovereignty does not belong to the people. So any
laudable system that can guarantee that sovereignty returns to
Nigerian people will be scuttled and resisted by those who have
forced themselves on us as our law makers when in actual definition
they are daily breaking our laws.”

The Learned Silk made reference to a statement made by Abdul
Mahmud and faulted the National Assembly for subjecting INEC duties
to NCC. He said the National Assembly does not want to be
accountable at the next elections

“My learned friend Abdul Mahmud Esq made the point that no one
with knowledge in constitutional construction can fault.

“This what he wrote: ‘Before INEC can transmit electronically,
NCC must adjudge national coverage is adequate and secure, and
National Assembly must approve.

The above proviso of Section 52(3) of the Electoral Act
Amendment Bill 2021 is in conflict with Section 78 of the
Constitution 1999Section 78 of the Constitution 1999 provides:

The registration of voters and conduct of elections shall be
subject to the DIRECTION and SUPERVISION of INEC.

DIRECTION here simply means ‘the act of governing; management;
superintendence’ of elections, while SUPERVISION means the state of
being in charge of elections; ‘regulating and monitoring
elections’.

The powers granted to NCC and NASS under S.52(3) of the
Electoral Act are thus in conflict with S.78 of the
Constitution.

S.52(3) is void by virtue of S.1(3) of the Constitution
1999.’

“Abdul has made a very valid point. Honestly, I see primordial
partisan selfish interest in the whole process. Our political class
does not want free, fair and credible elections in Nigeria.

“The reasons are not too far-fetched. They don’t want
accountability at the next elections because majority of them have
nothing to show for being in the National Assembly and even at the
executive levels for these years.

So there is what I see as a legislative conspiracy against free,
fair, and credible elections in Nigeria. There are plans for
elections in Nigeria to remain perpetually not free, fair and
credible to the prejudices of Nigerian people and in favour of the
political class who see public offices as an avenue to loot our
national treasury unchecked.” Okutepa stated.

The Learned Silk further stated that political parties do not
have internal democracy because those who parade themselves as
democrats are actually despots. He called on the judiciary to come
to the aid of democracy.

He said, “Furthermore those who parade and masquerading around
as democrats are indeed despots and not democrats. That also
accounts for the reason why you cannot see internal democracy in
any of the existing Nigerian political parties.

Clearly, the Nigerian judiciary must come to the aid of Nigerian
democracy. The outright rejection of card reader machines and the
results generated therefore by the judiciary in Nigeria is one of
the greatest disservices the judiciary has done to Nigerian
democracy.

“Those decisions have not only emboldened the political class to
imposed themselves on us using thugs and thuggish approaches but it
has led to what I called gunshots and helicopter democracy in which
those who lost elections imposed themselves on us and were declared
and imposed on the people.

“For me, I did not see how the National Assembly can make law
for free, fair, and credible elections in Nigeria when law making
in Nigeria in most cases is based on selfish interests of those in
power instead of the nationalistic interest of Nigeria as a
country. It is a pity.”

*Says Majority Of Politicians Cannot Win Free And Fair
Elections
*Says NASS Makes Laws Based On Selfish Interests

A Senior Advocate of Nigeria, Jibrin Samuel Okutepa, has bared
his mind on the Senate’s rejection of electronic transmission of
results

Okutepa, in a statement made available to Nairalaw, said
the rejection is not surprising because majority of politicians
cannot win free and fair elections. That though Nigerian government
claims to be practicing democracy, in reality, it does not.
According to him, in Nigeria sovereignty does not belong to the
people.

He said, “There is no way the majority of the present crops of
members of the National Assembly will past any law or legislation
that will ensure electronic transmission of results of elections in
Nigeria.

“I am not surprised and no one should be surprised that the
Senate of the Federal Republic of Nigeria has subjected the power
of INEC to do its constitutional duties to NCC and even the
National Assembly when it comes to transmission of election results
electronically.

“First majority of Nigerian politicians cannot win any free,
fair and credible election in this country. While Nigerian
government pretends to be practicing democracy, what we have as a
system of government cannot be a democracy. It is an assemblage of
a system that has all the attributes of Apartheid.

“In Nigeria sovereignty does not belong to the people. So any
laudable system that can guarantee that sovereignty returns to
Nigerian people will be scuttled and resisted by those who have
forced themselves on us as our law makers when in actual definition
they are daily breaking our laws.”

The Learned Silk made reference to a statement made by Abdul
Mahmud and faulted the National Assembly for subjecting INEC duties
to NCC. He said the National Assembly does not want to be
accountable at the next elections

“My learned friend Abdul Mahmud Esq made the point that no one
with knowledge in constitutional construction can fault.

“This what he wrote: ‘Before INEC can transmit electronically,
NCC must adjudge national coverage is adequate and secure, and
National Assembly must approve.

The above proviso of Section 52(3) of the Electoral Act
Amendment Bill 2021 is in conflict with Section 78 of the
Constitution 1999Section 78 of the Constitution 1999 provides:

The registration of voters and conduct of elections shall be
subject to the DIRECTION and SUPERVISION of INEC.

DIRECTION here simply means ‘the act of governing; management;
superintendence’ of elections, while SUPERVISION means the state of
being in charge of elections; ‘regulating and monitoring
elections’.

The powers granted to NCC and NASS under S.52(3) of the
Electoral Act are thus in conflict with S.78 of the
Constitution.

S.52(3) is void by virtue of S.1(3) of the Constitution
1999.’

“Abdul has made a very valid point. Honestly, I see primordial
partisan selfish interest in the whole process. Our political class
does not want free, fair and credible elections in Nigeria.

“The reasons are not too far-fetched. They don’t want
accountability at the next elections because majority of them have
nothing to show for being in the National Assembly and even at the
executive levels for these years.

So there is what I see as a legislative conspiracy against free,
fair, and credible elections in Nigeria. There are plans for
elections in Nigeria to remain perpetually not free, fair and
credible to the prejudices of Nigerian people and in favour of the
political class who see public offices as an avenue to loot our
national treasury unchecked.” Okutepa stated.

The Learned Silk further stated that political parties do not
have internal democracy because those who parade themselves as
democrats are actually despots. He called on the judiciary to come
to the aid of democracy.

He said, “Furthermore those who parade and masquerading around
as democrats are indeed despots and not democrats. That also
accounts for the reason why you cannot see internal democracy in
any of the existing Nigerian political parties.

Clearly, the Nigerian judiciary must come to the aid of Nigerian
democracy. The outright rejection of card reader machines and the
results generated therefore by the judiciary in Nigeria is one of
the greatest disservices the judiciary has done to Nigerian
democracy.

“Those decisions have not only emboldened the political class to
imposed themselves on us using thugs and thuggish approaches but it
has led to what I called gunshots and helicopter democracy in which
those who lost elections imposed themselves on us and were declared
and imposed on the people.

“For me, I did not see how the National Assembly can make law
for free, fair, and credible elections in Nigeria when law making
in Nigeria in most cases is based on selfish interests of those in
power instead of the nationalistic interest of Nigeria as a
country. It is a pity.”