THE outcomes from election petition tribunals show that Nigeria’s electoral system leaves much to be desired. An electoral system that depends on logic for the resolution of election disputes, a civic exercise of ballots falls short of the expectations of the exercise as the verdict of the voters.

Furthermore from the judgments so far delivered public perception of election tribunals as setting for the perpetuation of electoral corruption remains. These perceived anomalies provide veritable openings for the National Assembly to have another look at the Electoral act so as to restore the rights of the voters as the final arbiters in the selection of their representatives.

A lot have been said about the 180 days’ timeline assigned to election petitions just as some observers have suggested that none of the candidates of disputed election should be allowed to enjoy the fruits of the election until the matter is disposed of. On the part of the Independent National Electoral Commission (INEC), the nature of the election petitions, as well as the judgments of the tribunal provides rich resources for the commission to improve on its processes and strengthen its systems. It has been noted that the greater share of blame for the lack of credibility in Nigeria’s elections lie with INEC.

Former Resident Electoral Commissioner (REC), Mr. Josiah Uwazuronye noted that much of what happens during an election depends to a large extent on the dexterity, confidence, courage and impartiality of the electoral officers. In the 2015 election former INEC Chairman, Prof. Attahiru Jega, brought in some novel mechanisms to ensure the credibility and fidelity of elections including the legendary permanent voters’ cards and almighty card readers.

It could be recalled that inn 2013 Kenya stumbled on such initiatives to achieve ‘tamper proof poll’ through technology. Like Nigeria’s PVC and Card Readers regimen, Kenya introduced computerized electoral register, biometric identification kits and the electronic transmission of results. Again, as in Nigeria, because those gadgets were not test run and fully tropicalized, there were hiccups including failures in most instances on Election Day.

Former President Goodluck Jonathan had to wait patiently for nearly an hour waiting to be accredited to vote on March 28, 2015 such that had the former president been inclined, he would have had plausible reason to challenge the election.

However, despite the introduction of precision gadgets, the outcome of the electoral process could not achieve general acceptance. A plethora of petitions were sent to the election petition tribunals, which also parade their own shortcomings and openings for allegations of graft and juggling. Some of the election petitions decided have been a potpourri of legal gymnastics and justice. Public perception about fairness of election and credibility of tribunal judgments make it imperative that elections should be conducted in a transparent manner and concluded at the polling units. Unless those minimum standards are achieved, elections would continue to be open to bargains and juggling on law and facts, especially against the popular claim that justice in disputed elections are for the highest bidder.

Ogun East
THE Election Petition Tribunal for State and National Assembly in Ogun State nullified the election of seven Peoples Democratic Party (PDP) candidates, including the Senator representing Ogun East, Prince Buruji Kashamu. Mr. Abiodun Adedapo of All Progressives Congress (APC) had dragged Kashamu to the tribunal after he was declared winner by INEC in the March 28, 2015. Reading the judgment, the tribunal Chairman, Justice Tobei Ebiowe, noted that a lot of irregularities attended the election in Ogun East senatorial election.

While pointing out that the irregularities were more defined in eight local governments the tribunal chairman declared that with such malpractices in eight out of the nine local governments of the zone, the credibility of the election has been damaged. Justice Ebiowei ordered for fresh elections in the eight councils explaining that only Ijebu-Ode out of the nine local councils had no incidence of electoral malpractices. INEC returned 99,540 votes for Kashamu and 84, 001 for Abiodun in the election. The tribunal discounted 23, 684 votes and 13, 324 as unlawful votes from the respondent and petitioner respectively. Having been left with 5,179 votes the tribunal held that Kashamu should face a rerun since according to them, the margin was less than the total votes cancelled. However despite the order of rerun in 110 polling units, Kashamu said his certificate of return was intact as such his election was not nullified.

The tribunal had ruled: “The election can be nullified in line with Section 140 (2) and 140 (3), but in this regard, we are looking at 140 (2). We hereby order fresh election in the affected polling unit; we do not feel comfortable to nullify election in Ogun East Senatorial District. The election of the first respondent is hereby set aside as Senator representing Ogun East District and ordered that 3rd respondent conduct a fresh election into the polling units which elections have been cancelled and in doing that, must take cognizance of the lawful votes.” By that pronouncement the tribunal left an open door for different interpretations. Senator Kashamu while denying that his election was not nullified explained that the tribunal only nullified the votes attributed to both candidates in 110 out of 1, 1135 polling units of the Senatorial zone. In a statement signed by his Media assistant, Austin Oniyokor, Kashamu maintained that the petitioner was wrong to claim victory stressing that no such benefit was awarded to him. He described the tribunal’s ruling as a travesty noting that the Electoral Act 2010 did not empower an Election Tribunal to make order on a partial rerun of an election. “It is also very important to reiterate that the rerun was ordered in 110 out of over 1,135 polling units in the senatorial district. That is less than 10 percent of the polling units in the senatorial district” he declared pointing out that his certificate of return being still in his possession retains him in the senate.’

Enugu East
THE National Assembly Election Tribunal in Enugu produced another astounding judgment. The Justice M.O Adewara panel quashed the election of Senator Gilbert Nnaji, who was ‘elected’ on the platform of PDP in March 28, 2015 for a second term in the senator for Enugu East Senatorial district. Shortly after the election in which the PDP candidate was awarded 69, 544 votes against the 57, 528 votes recorded for his closet rival, Dr. Chimaroke Nnamani of the People for Democratic Change (PDC). Dissatisfied by the results announced by INEC, Nnamani painstakingly gathered field reports showing how the PDP candidate inflated his results in most polling units while deflating the scores of the PDC candidate in the election.   Not that alone, a spontaneous protest greeted the announcement as supporters of the former Enugu Governor and one time Senator, took to the streets condemning the vote heist. The renounced the excesses of INEC officials who they accused of colluding with agents of the dethroned senator to rig the election.

In the ruling, Chairman of the panel, Justice Matthew Bewara noted that the election was not conducted in accordance to the 2010 Electoral Act adding that forensic report on the exercise showed evidence of irregularities, mutilation and manipulation of figures.

He declared: “The first respondent while trying to deny that irregularities marred the election, exposed more mutilations of results in polling stations where he won. Ballot papers were not accounted for, which affected the outcome of the result. Irregularities occurred in the six local government areas that constitute the senatorial district. Sufficient evidence was laid before this tribunal, showing that the first respondent inflated results, while deflating the petitioner’s result.” “These irregularities and noncompliance were substantial to mar the outcome of the election. The petitioner has proven beyond reasonable doubts that the election did not comply with the provisions of the Electoral Act 2010.”

And no sooner had the tribunal chairman finished delivering the judgment that Nnamani’s supporters took to the streets once more, this time in exultation that justice has been done even if the mandate was kept at bay. In 90 days’ time INEC would roll out election materials to organize a rerun in the senatorial district even though Senator Gilbert Nnaji continues to attend plenary pending the determination of his appeal.

Abia State
IN Abia State, the judgments of the two election petition tribunals stirred mixed reactions. Delivering its judgment on the petition filed by Mr. Chris Nkwonta, (APGA) for Abia South Senatorial district against the election of the PDP candidate, Senator Enyinnaya Abaribe, the tribunal declared the election inconclusive. Chairman of the panel, Justice Adeniyi Onibanjo said due to irregularities in the election the exercise could not be concluded in two local government councils.  Consequently the tribunal ordered INEC to organize a fresh election in the areas. Abaribe has however indicated his determination to test the judgment in the Court of Appeal as soon as he gets the certified true copy of the judgment stressing that he found the judgment confusing.

However despite the similarities in the nature of the Abia South Senatorial election to that of Abia North Senatorial district, the tribunal declared Mao Ohuabunwa winner saying that the petitioner, Chief David Onuoha-Bourdex of APGA did not prove the claim of irregularities beyond reasonable doubts. The petitioner had alleged that Ohuabunwa inflated his scores while deflating those of APGA stressing that as a result of the irregularities and discrepancies in the election, INEC set up a review committee which could not conclude its assignment following a breakdown of law and order instigated by the respondent. The petitioner also disclosed that the respondent procured an alien Returning Officer to announce a fictitious result which the authentic RO, Dr. Chukwugoziem Ihekwoaba, refused to announce. The petitioners provided duplicate result sheets from the polling units, which showed that the respondents mutilated and manipulated the vote tally to favour the first respondent. The tribunal noted that the petitioner was able to prove that some of his votes were deducted by INEC, while Ohuabunwa’s votes were increased. After the addition and deduction of votes cast for him and the petitioner, Chief Bourdex Ogba Onuoha, Ohuabunwa had 43, 738 while Onuoha’s, after adding his stolen votes was 28, 210.

Onuoha-Bourdex and his supporters rejected the result pointing out that what the tribunal delivered was a sentimental pronouncement against his mandate even as declared his intention to challenge the ruling at a superior court.

The election of former governor of the State, T. A. Orji, for Abia Central was upheld as the Tribunal dismissed the petition filed by Chief Ahamdi Nweke of APGA against the election of Senator Theodore Orji for Abia Central senatorial zone. Imeh Umannah, who delivered the ruling said the panel was swayed by the preliminary objections by the respondent adding that the petition was incompetent, as according to the tribunal, Nweke failed to provide the scores polled by him and the respondent during the election. Additionally the tribunal held that the failure of the petitioner to specify the wards and units where there were substantial irregularities, corrupt practices and non-compliance with the cited sections of the Electoral Act, damaged his case. But as soon as the election of the former governor was affirmed, youth went on protest march along the streets in Umuahia, alleging that the judgments have been purchased. In response to the wild protests, Governor Okezie Ikpeazu sued for calm, stressing that the violence show of disapproval was timid.

In a statement by his Chief Press Secretary, Godwin Adindu, the governor recalled that the opposition had earlier expressed faith in the tribunal to dispense justice in the election petitions, wondering why the opposition should unleash overzealous supporters on the streets in an attempt to create needless pandemonium.

Taraba
IN Taraba, the election of the former acting Governor of Taraba State, Alhaji Sani Abubakar Danladi as the senator representing Taraba North senatorial district, was also quashed in Jalingo. This followed the tribunal’s ruling on the petition filed by Alhaji Ali Sani Kona of the All Progressives Congress (APC), in which he alleged that the senatorial election was fraught with irregularities in the 54 polling units of three local government areas of Karim Lamido, Zing and Yorro. The tribunal cancelled the election in 48 out of the 54 polling units on the grounds that it did not comply with the Electoral Act 2010. Justice Ibrahim Yusuf, who read the judgment on behalf of the panel Chairman, Justice Samson Angor, declared that the petitioners successfully proved that there were over voting and non-accreditation of voters. While declaring the election inconclusive, the tribunal held that the vote difference between the respondent and petitioner was less than the total number of registered voters in the 48 PUs and ordered INEC to conduct a fresh election in PUs within 90 days. The twist in the judgment was the order on INEC to withdraw the certificate of return given to Senator Danladi until the rerun election is held.

The implication of the reversals of PDP senators is that the party may end up having less than the present 49 in the Senate. When that happens, it is left to be seen how far the opposition party could go in holding the ruling APC in check. Nigerians expect APC to reform the electoral system so that power could return to the people and not reside with moneybags, election tribunals and INEC. This may be the barest minimum sign of real change from the National Assembly.