We would not debate an alternative form of government if INEC had not cocked up the electoral processes. If this were to happen, we would look back at Adamawa’s gubernatorial election re-run as the straw that broke the camel’s back.
It happened when the resident electoral commissioner, Hudu Ari, usurped the State’s Returning Officer to announce Binani as the winner. He did so under the protection of police and state security service personnel while party agents begged him not to do so out of respect for the rule of law and his righteousness. It is echoed that Hudu is a barrister, which means he ought to know the law and has sworn oath as he was appointed to the position.
Before Adamawa, there have been similar events in Rivers, Kaduna and a few other places since the presidential elections. The peculiar event of the Kaduna gubernatorial election by the Returning Officer, Prof. Iblis, who declared a winner against the electoral process, alerted people to future occurrences. People were tired of INEC’s returning officers declaring results and repeating the phrase ‘go to court’. Many were right about it, but some did it with blatant disregard for the rule of law, impunity, and without shame, like Hudu and Iblis. As they say, it’s the bad apples that spoil the rest.
However, the key reference point remains with Mahmood Yakubu, the INEC chairman. The success of his disregard for the electoral process is what triggered this sequence of events. If Mahmood Yakubu had followed the electoral processes to upload the presidential election result in real-time, the public would not have had the massive outcry to the extent of lynching Hudu’s look-a-like, which should be condemned.
Although we cannot explain why Mahmood Yakubu refused to follow the law, the public may not accept his reasons which will be explained to the courts, because the confidence in the judicial system has eroded. The tribunal judges are compared to police constables in how they engage in corrupt practices and get manipulated by the highest bidder.
The behaviour of these two institutions, INEC and the judiciary, has cast doubt over the credibility of the electoral process, which is expected to be free and fair. The doubt was raised when Wike revealed that he has information on corrupt judges in tribunal courts nationwide.
However, the perception did not start today. Eight years ago, during the glory days of PDP, the opposition party of APC was doing the same. Vice-President Osinbajo and Rotimi Amaechi voiced their concerns about the credibility of the elections and even presented a solution if the elections were not free and fair.
Specifically, Osinbajo opined that PDP had a history of mismanaging elections. He went on television to say that they had made their point as an opposition, to reject the past elections, and it was up to the then-ruling government to ensure a free and fair election. He indicated that there would be no crisis every time there was a free and fair election. However, he insisted that the APC will establish a parallel government if the election was not free and fair. Osinbajo, a Professor in Law, justified that forming a parallel government is within the boundaries of the law.
In line with Osinbajo, Amaechi also threatened that the APC would resort to constituting its parallel government if PDP failed to deliver a free and fair election. He also went on television to insist that APC decided to install its government in Nigeria should they sense any foul play in the 2015 elections. He justified forming a parallel government because it is futile to go to court when the federal government does not obey the law. That if PDP rigs APC out, the APC will rig themselves in.
We can now say we have come to a full circle. The difference is that the caution that was raised in 2015 is the event that is happening now. So, what should the people do?
Understandably, people feel frustrated and disillusioned with the electoral process and the judicial system when they perceive that irregularities, misconduct, and corruption have marred it. Trust in the integrity of elections is crucial for a functioning democracy, and any breach of that trust can have serious consequences for the legitimacy of the government and the stability of the country.
The electoral officials that do not act with integrity and professionalism and had misconduct allegations have caused the institution disrepute. INEC’s reputation has been tarnished, but the judiciary can be salvaged.
As an important institution in upholding the rule of law, the judiciary should be independent, impartial, and free from corruption. Judges’ allegations of corrupt practices should be thoroughly investigated, and those found guilty should be held accountable. For a start, they should compel Wike to provide the names of the corrupt judges he claims to have who are in the tribunal courts.
Threats to form parallel governments or take actions outside of the legal framework can further undermine the credibility of the electoral process, the rule of law, and Nigeria’s democracy. Instead, political leaders should promote responsible and lawful behaviour and work towards strengthening democratic institutions and processes. Resorting to extra-legal actions can further undermine trust in the electoral process and the rule of law and may not lead to sustainable solutions as was decided by APC in 2015.
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