Torn, mutilated and frost-wet ballot papers littered my street a day within April 14, 2007. The next day, the ruling party; PDP garnered around 70 per cent of the vote of the nearly several million cast, against vote party members in the entire minority’s poll hardly gather; making her the first African party ever to set such a record within a decade. It took only one round of voting for this political party to easily beat out two of her most prominent rival parties; Action Congress and the All Nigerian Peoples Party, which took 18.5, and 20.8 per cent per cent of the vote respectively.
Although polls have indicated before-hand for months that the ruling party would win the April poll, both AC, ANPP AND PPA whose score rob shoulder and slight with the ruling party had gambled that the voting would go to a second round, in which the two political parties would join forces to defeat such a ruling party. April 2007 polls confirmed the thesis that Nigerian citizens demand a radical change in our way of doing politics, and are ready to give new leaders a chance, instead of continuing to count on the old figures.
To configure this, the electoral reform ad’hoc committee and the electoral Tribunal swept into action. Already this committee has started modifying Nigerian politics. We thought that a fair debate between the aggrieve candidates, their political parties and their adversaries may win more argument for the positions than for the otherwise. It is no surprise, then, that some of the lawyers nominated to Tribunal by the Obasanjo administration are of the ruling party (though the PDP itself plays no role in the administration). Controversies shot-in as opposition parties naturally prefer to appoint lawyers who are generally somewhere right of centre, and are interested in ideas and in public policy.
Following the quest for the Resolution of these Electoral Disputes, The President of the Court of Appeal, the Hon. Justice Umaru Abdullahi constituted and sworn in members of the National Assembly Election Tribunals and the Governorship and Legislative Houses Election Tribunal, as exercise of the powers conferred on him by section 285 of the Constitution of the Federal Republic of Nigeria. The members of the Tribunals were tasked and challenged ahead of doubtful circumstances. The members of the Election Petitions Tribunals were meant to decode and interpret the provisions of the Constitution and the Electoral Act, 2006 as it relates to electoral dispute resolution, perform other functions outside their constitutional and legal forth, answer academic questions that have nothing to do with the election itself.
Some of the members refrained against this temptation and embarked on a voyage of discovery. Desperate politicians tried and have induced those of them vulnerable. Some succumb and others resisted all manners of pressure. Some got blackmailed, intimidated and harassed. Some rise above pecuniary and primordial interests and put the interest of the nation first. Others embark on a journey that could bring the judiciary to disrepute. Time, however, will tell as the members of the various Tribunals deployed to their areas of primary assignment rebate justice, made night calls to deter justice. However, there are salient and fundamental constitutional and electoral issues that l task the intellect and staying power of the members of the various Tribunals. Some are contending with some of the issues while others slow down their work as they only dealt with proper constitutional references. It is of paramount importance to have a clear understanding of the challenges and impediments to the speedy and ethical resolution of electoral disputes. The Nigerian people are getting somewhat disappointed against some members of the Tribunals. We expect them to right wrongs but they allow usurpers. Why?
The Electoral Petition Tribunal must be above politics. In a democracy, transparency in government has to be honoured and protected. To classify information for reasons other than the safety and confidence of Nigerians and their interests is a violation of these principles. While the independence of the electoral petition tribunal was a bright spot throughout their sitting process, I hold out little hope that it will be able to correct this wrong. As a result, this country would not be run by a man who came to power by questionable means. If we must work with ongoing electoral petition tribunal, we must not repeat the mistakes of 1999, 2003 and that of the 2007. The issue was that the appearance of elections would be enough to satisfy international observers and foreign governments. But, our citizens, and the world, will expect more from this government in the elections of 2011. While the public response to April’s travesty has been relatively muted, two failed elections in a row may give rise to greater public hostility in a country that is already a tinderbox poised to blow over ethnic, religious, or economic conflict.
Only If President Yar’Adua can muster the strength to act independently of his party’s machinery, he has the unique opportunity to turn his questionable victory into a great legacy. Much like the analysts addressed the issue of electoral reform in the months after our 2003 Presidential election; Yar’Adua can reach out to the opposition to work to reform the nation’s political and electoral systems so that the flaws of the April elections are never repeated. Starting by strengthening judicial independence at all levels and de-politicizing the anti-corruption commission, Yar’Adua can begin to take the steps necessary to demonstrate his administration is genuinely committed to reform, as he claims. Likewise, the endemic corruption for which this country is so well known must be tackled because democracy will never succeed when naira is more valued than Nigerians.
President Yar’Adua can take his chances and hope that Nigerians will accept another fixed result in 2011. Or he can lead from the front and push electoral reform as the priority of his presidency. The next election will determine whether he is remembered as the man who stole his way to victory or the man who rescued Nigerian democracy. It is his choice to make.
