The judiciary and electoral matters in Africa (4)

Judiciary

Continued from yesterday
Having fought and lost elections in 2003, 2007 and 2011, former President Mohammad Buhari who fought the losses in court wherein he also lost had to issue a physical threat: “if what happened in 2011(alleged rigging) should happen again in 2015, by the grace of God, the dog and the baboon would all be soaked in the blood.”

Recall that in 2011 general election where he lost the presidential election to Former President Ebele Jonathan, several innocent lives were cut short, especially in Kaduna and Bauchi and thousands of people were displaced to date across Northern Nigeria. So his threat for 2015 general election which was yet to take place then was not unusual. He was finally quoted to have threatened that he will not go to court anymore if he loses the forthcoming election of the then 2015 general election.

Thank God he won the election and naturally did not have any reason to go to court and there were minimal skirmishes and chaos in the land post election. It was surprising that the loser of that Election, Former President Ebele Jonathan also shunned the court. He accepted the election outcome and congratulated the winner, President Muhammadu Buhari and that earned him several accolades till date.

Countries like Gabon, Liberia, Madagascar, Sierra Leone, Zimbabwe etc are all billed to have held or holding their presidential elections this 2023. President Julius Maada Bio has won re-election in Sierra Leone’s tense presidential vote. The election commission confirmed his victory recently but his main challenger Samura Kamara was quick to reject the results. He however promised not to go to court to dispute the election results because he does not have faith in the nation’s judiciary.

This is second time of losing to the incumbent President  Maada Bio of Sierra Leone People’s Party (SLPP). He went to court after the first loss and lost woefully and having the feeling that the judiciary will not be different from the first experience he chose to shun the court for redress in the last election. Very sad isn’t it?

But that is not the case in Nigeria. Despite the fact that the Nigerian Courts have never upturned Presidential results from 1960 till date, the number of electoral cases both pre and post elections in Nigeria are frightening.  The three major presidential candidates are all in court, with two from different parties, Labour Party and People’ Democratic Party challenging the electoral victory declared by the Electoral umpire of the current President Ahmed Bola Tinubu GCFR of the All Progressive Congress (APC).  They have all closed their cases, with written briefs filed and exchanged. They have also adopted their briefs; we await possible date/s for Judgement.  We all wish parties and the country, Nigeria well in coming weeks and months.

We also all await the general elections of other countries in African Continent like Madagascar, Gabon, Liberia and Zimbabwe.  Our prayers are with them for free, fair and credible elections with no acrimony and crisis in the coming months before the end of the year.

Conclusions

The choosing of leaders whose objectives is for service by the electorates should be without acrimony and the attendant blood and deaths that accompany it in the continent.

The continent must insist that nations under them must strengthen the independence and integrity of both the election management bodies to guarantee free, fair and credible polls for their countries and the Judiciary which where irregularities that are sufficient enough to affect the credibility are noticed, should step in to effect immediate redress either by nullification or proclaiming the right winner in the contest. This they should do without fear or favour.

The choice of leadership is such an important responsibility that should not be toyed with or handled with kid gloves in the continent. We have seen what effective and good leadership have done to developed economies and we as a continent cannot afford not to brave up to ensure that we strike a golden cord in mapping out proper strategy and mechanisms that will throw up effective leadership that will take the continent back to its glory. Civilisation started in Africa, but the continent has been manned by inept and corrupt leadership not necessarily chosen by the people but imposed by foul means, and unfortunately, they have continued to keep the countries in the continent retarded and unprogressive.

Whatever ideas we can generate let us generate it as a continent and prescribe it to the countries to follow in enabling very credible electoral process that will throw in leaders that will awaken the sleeping continent. In Malawi, I presented a paper in which I advised that the deployment of technology in our electoral process will reduce the  spate of irregularities in the system. The reason is that too much human involvement in the process create several loopholes and rooms for manipulations. Digitalisation of our elections with proper education and orientation will mitigate lots of rooms for irregularities.

Above all public office in the continent should be well defined and separated from the occupant. We have observed with shock that in the continent a public officer uses public money to pursue personal goals and interests thereby giving room for stupendous abuse with impunity. Contrast this with the President of America like Biden who cannot as a president put his hands on the public treasury to buy expensive wrist watch for himself or family or service his appetite for expensive chocolate.

The day he does it and it is discovered, he will be on his way out as he will be called out by the press, the public and if care is not taken impeachment proceedings will be commenced against him. They have built a responsible system and enthrone responsible leadership that is accountable due to electoral system that guarantees that the majority makes the choice of their leaders with attendant oversight functions that will ensure the removal of such leader who has decided to be irresponsible in governance,

The truth is that we should cultivate such a system here in the continent if we want to advance the continent. Anything of such a system is wastage of precious time.

We must trust our judicial system to help strengthen democracy in Africa but the judiciary owes itself a very grave responsibility to first generate confidence through their bold decisions and forthrightness in upholding rights, dispensing justice without fear, favour or ill-will.

Concluded
Dr. Ubani is the current chairman of
Election Reform Commission of African Bar Association (AFBA).

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