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TABLE OF CONTENT

1. The Executive Summary ………………………………………………………………………………………………… 6 2. Introductions to A Human Rights Assessment to 2019 General Elections in Nigeria ….....…8 3. Historical Background of Elections in Nigeria …………………………………………………………….……6 4. A Human Rights Analysis of Elections …………………………………………………………………….…..….16 5. 2019 General Elections : Emerging Issues……………………………………………………….………..…….28 6. An Assessment of Electoral management Body………………………………………………….…..………36 7. The Impact of Vote Trading …………………………………………………………………………………..……….41 8. Securing Elections ………………………………………………………………………………………...………..……..47 9. The Judiciary and Elections …………………………………………………………………………………….……..55 10. Social Media and Elections …………………………………………………………………………..………………61 11. Human Rights Exploration of Nigeria 2019 Elections…………………………………………….……….65 12. Data Analysis and Interpretation ………………………………………………..…………………….…………. 75 13. Recommendations ………………………………………………………………….………………………..…..……..91 14. Conclusions……………………………………………………………………………….…………………..……….…….94 15. About the Organisations……………………………………………………………………………………….……...97

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Acronyms:

1. ANRP – Abundant Nigeria Renewal Party 2. APC - All Peoples Congress 3. APC – All Progressive Congress 4. CAT - Convention Against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment. 5. CAT-OP - Optional Protocol on the Convention against Torture . 6. CC-OP-SC - Optional Protocol to the Convention on the Right of the Child on the sale of children child prostitution and child pornography. 7. CCPR - International Covenant on Civil and Political Rights 8. CCPR-OP1 - Convention on the Rights of Persons with Disabilities (CRPD) and Optional Protocol to the International Covenant on Civil and political rights. 9. CCT – Code of Conduct Tribunal 10. CDD – Centre for Democracy and Development 11. CEDAW - Convention on the Elimination of All Forms of Discrimination Against Women 12. CERD - International Convention on the Elimination of All Forms of Racial Discrimination. 13. CESCR - International Covenant on Economic, Social and Cultural Rights. 14. CFRN – Constitution of the Federal Republic of Nigeria. 15. CJN – Chief Justice of Nigeria 16. CMW - Convention for the Protection of All Persons from Enforced Disappearance and International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families. 17. CPC – Congress for Progressive Change 18. CRC - Convention on the Rights of the Child 19. CRC-OP-AC - Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in armed conflict. 20. CSOs – Civil Society Organizations 21. CUPP – Coalition of United Political Parties 22. ECOWAS – Economic States of West African Countries 23. ECN – Electoral Commission of Nigeria. 24. EMB – Election Management Bodies 25. EU – European Union

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26. FCT – Federal Capital Territory 27. FEC – Federal Electoral Commission 28. FEDECO – Federal Electoral Commission 29. IDP – Internally Displaced Persons 30. INEC - Independent National Electoral Commission 31. ING – Interim National Government 32. IPOB – Indigenous People of Biafra 33. HURIDAC - Human Rights Advancement, Development and Advocacy Centre. 34. NBA – Nigeria Bar Association 35. NDI – National Democratic Institute 36. NECON – National Electoral commission of Nigeria 37. NERC – Nigerian Electricity Regulatory Commission 38. NGOs – Non Governmental Organizations 39. NHRC – National Human Rights Commission. 40. NPN – National Party of Nigeria 41. PDP – Peoples Democratic Party 42. PIL – Public International Law 43. PLAC – Policy and Legal Advocacy Centre 44. SIEC - State Independent Electoral Commission. 45. TEI – The Electoral Institute 46. TMG – Transition Monitoring Group 47. UDHR – Universal Declaration of Human Rights 48. UK – United Kingdom 49. UN – United Nations

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THE EXECUTIVE SUMMARY

This report on Human rights assessment of 2019 General Elections in Nigeria has been produced by the National Human Rights Commission (NHRC) and Human Rights, Advancement, Development and Advocacy Centre (HURIDAC). The human rights examination of 2019 general elections is crucial as a vital connection to the right to vote. Advocating for the right to vote is essential to ensuring the ‘will of the people’ counts during elections.

The human rights gap and elections challenges motivated and encouraged HURIDAC and the commission to invest their resources in the Nigerian elections cycle. The report is structured into thirteen chapters, highlighting the methodology of the report as well as the output and providing a snapshot of each chapter of the report. It provides the historical background to the political development of Nigeria as a country from post-independence period to date. It equally analysed the 2019 elections from a Human Rights perspective. This understanding is central to the claim of interconnections made in the report.

The report also explores elections management in Nigeria and provides insight into legal frameworks and international standards. It further adds the challenge of managing the 2019 elections and hurdles facing the Independent National Electoral Commission, it confirms that the public’s confidence in INEC is mixed and recommends more assertive communications by INEC, transparent results management, staffing reforms, earlier and more consistent security preparations, improved internal democracy within political parties, and the creation of a specialized election offenses commission would likely alleviate some risks of violence in forthcoming elections.

This report identifies the emerging and shifting risks of election violence for Nigeria’s 2019 elections with a focus on unlawful killing, injuries, destruction of properties and others and provides recommendations for authorities and stakeholders supporting the electoral process to help mitigate these risks.

The report also examines the social media and the elections. Social media has democratized access to information in Nigeria and it has played a useful civic education role, but most importantly the report affirms the importance of social media for the elections regarding the way it has created a shift and future for political marketing such that has left political strategists thinking that social media is the latest powerful electioneering tool. The data analysis aspect of the report, provide methodology of data mining, analysis and interpretation

From this report, it is still clear that social and economic inequality, ethnic and religious divisions, and structural weaknesses, such as corruption and weak state capacity, remain prevalent across Nigeria and contribute to the risks of electoral violence. Nigeria’s history of electoral violence is, for many, an unfortunately accepted fact of life, in the 2019 general election alone, 176 lives were lost excluding the large number of people injured and properties destroyedincluding burning of some INEC materials and offices.

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Recommendations on strengthening electoral process, institutions and oversight roles were also elucidated in the report.

This report is the product of internal efforts of the two organisations, we express gratitude for the selfless service provided by the report writing committee (Ayodele Ameen (HURIDAC-ED, Iheme Richmond (NHRC), Paulson Okezie , (HURIDAC,Programme Manager), Margreth Lawal (HURIDAC, Asst. Programme Officer) and Kazeem Aminu (HURIDAC Legal Director) and the Review Committee : Dr Amina Salihu (HURIDAC BOT Chair) , Benedicth Agu (NHRC, Head of monitoring Unit), Shina Loremikan (HURIDAC Board member)

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CHAPTER ONE : Introduction to a human rights

assessment of 2019 general election in Nigeria

This report is a human rights assessement of the 2019 general elections in Nigeria. It is an exploration of the recently concluded election in Nigeria from a human rights standpoint. The human rights perspective is necessary as a critical link to the right to vote. It encompasses other human rights such as freedom of association and expression and many others. Advocating for the right to vote is essential to ensuring the ‘will of the people’ counts during elections. This ‘will of the people’representsprotection for sustainable democracy, development and good governance. The rationale is that if politicians know that the only way to get into power is through an election that reflects the ‘will of the people’ in contrast to rigging and other undemocratic practices, then politicians will have no incentive but to deliver good governance. It is therefore essential to use human rights to ring-fence our electoral system.

The current wave of political changes in the West AfricanRegion also impacts this report. The ‘will of the people' is the main reason for the new wave of the political surge in the sub-region. We have witnessed change of governments from the incumbent to the opposition, through the regular voting process. In 2015, an amalgamation of opposition political parties won the election in Nigeria. In 2016, a keenly contested presidential election, the opposition won with 53% electoral votes in Ghana.1During the 2016 elections, a coalition of opposition political parties defeated the ruling party of about two decades in the Gambia. 2 In 2017, a former world best footballer led an opposition party to win the presidential election in Liberia. In 2018, Sierra Leone joined the ranks of countries in which the ‘will of the people' counted in the voting process when the opposition party defeated the All Peoples Congress (APC) led government in the 2018 presidential elections. These were not easy achievements , the candidates confronted many challenges and difficulties. The intervention of the International observers, especially the Economic States of West Africa Countries (ECOWAS) and their zero tolerance to undemocratic change of power helped in most of these cases. ECOWAS diplomatic efforts in ushering in a new government were extremely impactful. In one instance, they had to activate the process of war to defend democracy and the right to vote. Soldiers were sent to the Gambia to protect the result of the election and ensure the right to vote as well as ensure that the ‘will of the people' in an election counts.

We cannot but recognize the large assets deployed by civil society organisations in monitoring e elections in those countries. Their impact in voter education and elections observation across most of the polling units was another level of defence for the votes cast. TheCivil Society election’s situation rooms provided the necessary analysis of the elections . These were shields of confidence

1See Alastair Leithead, (BBC Africa correspondent): “Gambia's Jammeh loses to Adama Barrow in shock election result” available at: (http://www.bbc.co.uk/news/world-africa-38183906).assessed (11/06/2018).

2BBC NEWS: “Ghana election: Opposition leader Akufo-Addo declared winner” Available at: (http://www.bbc.co.uk/news/world-africa-38270956).

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for the voters without which the politicians and their agents would have turned the entire process into a chaotic one and most critically, a situation in which the right to vote and the ‘will of the people' would have been roundly defeated.

This positive development on electoral front motivated and encouraged the National Human Rights Commission (NHRC), Nigeria’s National Human Rights Institution and Human Rights Advancement, Development and Advocacy Centre (HURIDAC), an International election observer to invest their resources in the Nigeria elections project. NHRC and HURIDAC formed a partnership by sharing their expertise to mainstream human rights into elections observation. These two organisations independently and working in collaboration contributed their quota to the electoral process.

The HURIDAC team has previous experience working on elections and human rights projects. The team was involved in the Sierra Leone and Gambia elections. This experience came in handy for work on the election in Nigeria. The HURIDAC’s objectives for Nigeria's mission are two folds. First, to explore partnership with the National Human Rights Commission in Nigeria as both organisation share similar focus. Second to document elections observation in a report.

The team worked very closely with the Civil society Situation room operated by Transition Monitoring Group (TMG) and PLAC and engaged with the well experienced local and international election observers.

Methodology The methodology of this report is multi-faceted, starting with desk research, fieldwork, questionnaire to political parties, interviews with victims as well as other stakeholders. The desk research relied on literature review, that is , previous work done on the relevant concepts and the country as it relates to elections. The incident and data analysis chapters rely on series of data sources such as reports from various observers made available to us by some Civil Society Elections Situation rooms (SBM Data), Partners West Africa – Nigeria, media reports of incidents and incident report from political parties .

The outcome of this process is this detailed report. However, for ethical reasons, this report does not include the gruesome, ghastly, horrific, shocking, frightening and horrible pictures in our possession.

Structure of the Report The report is structured into thirteen chapters, starting with the executive summary. Chapter one, which is the introductory part, sets the foundation for the report capturing the motivation of the partnership to work on this report and beyond, providing information about each partner’s work, highlighting the methodology of the report, as well as the output and providing an overview of each chapter.

The second chapter provides the historical background to the political development of Nigeria as a country; this is important for two reasons.First, to provide useful background information for the emerging population of Nigerians. Second, for Non-Nigerian readers.

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The third chapter delves into the conceptual link between elections and human rights. It equally examines the interconnectivity between human rights and democracy. This understanding underscores the assertions of interconnections between election and human rights in the report.

The fourth chapter gives details on all emerging issues pre,during and post elections period. It provides the reader with understanding of some incidents and possible reasons for their occurrence.

The fifth chapter is an exploration of elections management in Nigeria and provides insight into legal framework and international standards. It further explores issues pertaining to managing the 2019 elections and challenges facing the Independent National Electoral Commission.

The Sixth Chapter focuses on one of the significant vices that have recently plagued the electoral process in the country, and that is the issue of Vote Trading. The chapter gives a general overview of vote trading and its impact on the electoral process.

The seventh chapter explores the aspect of security during and around the election period. It considers the role of security agencies during elections and the effect on the electoral process.

The eight chapter focuses on the judiciary. It lays down the human rights principles required for the judiciary to function as an impartial umpire. The chapter also captures incidents that happened between the executive and the judicial arm of government during the electoral period.

Chapter nine focuses on new media. It examines the social media and the elections.it explores the positives and the negatives, but most importantly deepens understanding on why social media is essential for elections. The social media enables the ease of transfer of electoral information. This is through many channels such as facebook, whatapps, Instagram accounts among others. It also examines how social media has been used negatively to spread hate speech, fakenews and online intimidation among others..

Chapter ten is the exploration of the human rights incidents of 2019 elctions

Chapter eleven provides the methodology for datamining, analysis and interpretation.

The chapter twelves deals with Findings and recommendations on strengthening the electoral processand oversight roles of instituions of concern.

The tjirteen, the concluding chapter provides a summary of all aspects of the report.

Finally, the report is not aimed at just the Nigerian reader, though it specifically examinshuman rights cases that occurred during the country’s 2019 elections. Most of the lessons from the conceptual background pertaining to elections and human rights, elections management and security institutions are very relevant for most countries in Africa. The recommendations in this report are relevant for countries facing similar challenges. The National Human Rights Commission (NHRC) and HURIDAC partnership is open to more collaboration in order to deepen research and advocacy on the critical issues in this report and in implementing the recommendations.

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CHAPTER TWO: HISTORICAL BACKGROUND OF

ELECTIONS IN NIGERIA

This chapter addresses the historical background of elections in Nigeria overtime since independence. It is divided into three (3) parts: the first, second and third republic concerning their achievements, trasistion , concerns and significance over the years.

Nigerian electoral history has not been beset by many challenges as it raises various concerns.

.Nigerians have participated in many elections, since the indepedence.. The 2019 general elections in Nigeria will be the country's sixth since 1999 when it transited to democracy, after a long period of military rule. Most of these elections have been characterised by acts of violence, ballot box snatching , manipulation of results and other electoral malpractices including attacks on politicians.

Nigeria became independent on October 1, 1960. The First Republic represents the period between this date and January 15, 1966, when the first military coup d'état took place. The country however, became a republic on October 1, 1963.

At independence, Nigeria had all the trappings of a democratic state and was indeed regarded as a beacon of hope for democracy. It had a Federal Constitution that guaranteed a large measure of autonomy to three (later four) regions. Nigeria operated a parliamentary democracy modelled along British lines that emphasized majority rule. The Constitution included an elaborate bill of rights.; Unlike other African states that adopted one-party system immediately after independence, the country had a functional, albeit regionally based, multiparty system.

In the Nigerian electoral system, some electorates and politicians have continued to indulge in grievous electoral infractions, often with the connivance of security personnel. Such elections are usually followed by unending lawsuits, a crisis of legitimacy, instability and chaos. At independence, the country adopted a parliamentary system of government akin to the British type. The first post- independence election organised by that government led by Prime Minister Tafawa Balewa/President Nnamdi Azikiwe in 1964 and 1965 was characterised by widespread complaints of fraud, violence and intimidation. Protests in the wake of the regional elections in some areas degenerated into violence. Also competitive rigging in that election, led to widespread violence and inter-communal riot that claimed more than 200 lives3.

The problems associated with the first post-independence national election of 1964 and the 1965 as well as the crises-ridden Western Region election culminated in the January 15, 1966 coup. The former was characterised by widespread rigging, intimidation and chaos that some of the major political parties decided to boycott the election, creating in its aftermath severe constitutional dilemma. The last election of the Western Region was also marred by the problem of massive rigging and other irregularities plus widespread violence, giving the impetus for the first military

3 The Tide: “2015 AND ELECTORAL VIOLENCE IN NIGERIA”. Available at: http://www.thetidenewsonline.com/2015/01/05/2015-and-electoral- violence-in-nigeria/

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coup in Nigeria and the culture of instability that beset the country for over three decades. Other elections that have taken place in Nigeria after the 1964 and 1965 elections have not fared better

In the program of transition to the Second Republic, the primary concern of the military leaders was to prevent the recurrence of the mistakes of the First Republic. They believed that if the structures and processes of government and politics that had proved inappropriate in the First Republic could be changed, a stable and effective civilian government would emerge.

Later in January 1966, the military struck, thwarting the fledgeling Nigerian democracy. From 1966, the military held sway until 1979 when they handed over to another civilian government headed by Alhaji Shehu Shagari of the National Party of Nigeria (NPN).

The 1979 elections saw the emergence of Mallam Shehu Shagari as Civilian president. International observers criticised the election as having been massively rigged. The 1983 election, four years later was even worse, marred by corruption, political violence and polling irregularities. This provided another set of military adventurers with the impetus to seize power on December 31, 1983, citing electoral malpractices as one of its reasons for overthrowing the civilian government

The Shagari-Ied government organised a civilian to civilian transition election but again like its First Republic counterparts, history repeated itself as there were outcries of massive rigging allegedly with the connivance of Security Forces and the Election Management Body (FEDECO); resulting in electoral violence . A 1986 judicial commission of inquiry into the operations of the Federal Electoral Commission (FEDECO) concluded that

"Indeed, it can be claimed with a large measure of truth, that rigging of elections has become part of our political culture." 4That again set the stage for the second wave of military intervention in the nation's politics on December 31, 1983. The military from then remained in power until May 29, 1999 after, several attempts to democratise.

The Abubakar Abdulsalami military regime that midwifed the Transition Program to the third republic which ushered in the present democracy hurriedly put together a new constitution. They defined a new electoral process for the country and inserted the word "Independent" into the name of the electoral body and renamed it Independent National Electoral Commission, granting the Commission powers to register political parties and conduct elections.

The performance of the Independent National Electoral Commission has shown that it struggles with its ‘independence’.

The electoral environment continues to be challenging. electoral mayhem, violence, polling irregularities underscores the need for the and Nigerian government and its political class to Seek for enduring remedial action to address the plethora of electoral problems.

44(the Federal Republic of Nigeria, Report of the Judicial Commission of Inquiry into the Affairs of the Federal Electoral Commission (FEDECO) 1979- 1983, Main Report, Nov. 1986 [“Babalakin Commission Report”], para 10.10. )

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1999, 2003 and 2007 elections, three elections conducted during this period of ten years of Nigeria's democracy have been lampooned by many critics as far from being free and fair. The election of April 2007, conducted by the electoral body, Independent National Electoral Commission (INEC) under the leadership of Maurice Iwu has been described as the one of worst election ever held in Nigeria as a result of indescribable irregularities, which marred the elections.5

The 'End Electoral Impunity Report' of the NHRC brought some of these irregularities to the front- burner such as In Edo State, where one Felix Osaigbovo who was “INEC presiding officer for Unit 1 Ward 9” in the 2007 elections signed the result sheets “as [a] PDP agent...” as evidence showed at the Election Petition Tribunal in the case of Mr. Sunday Eghe- Osazemwind &Anor. v. Levis Osaretin Aigbogun & 4 Ors., Petition No: EDSA/EPT/13/07 (unreported) . Similarly, In Adamawa State, north-east Nigeria, a Tribunal bemoaned the cumulative results of INEC’s failures as follows, in the case of Action Congress & 2 Ors. v. INEC & 5 Ors., Petition No. AD/GOV/EPT/1/07 (unreported) p62. :

“ In more serious and accountable political climes, INEC should have evinced some remorse for the whole problem it has caused and the public money it wasted to organize an election it made inchoate even before it started. Its grandstanding is rather unfortunate. As a result of its ineptitude or mischief, a serious disruption will be caused to the governance of Adamawa State”

Perhaps the freest and fairest election in the history of Nigeria was the June 12, 1993 election that was annulled by General Ibrahim Babangida, erstwhile self-styled military President of Nigeria.

African literary icon, Professor Chinua Achebe, on his historic return to the country after 19 years of self-exile, expressed his disappointment with the electoral system in Africa. In a remark made in the presence of the Chairman of INEC, Professor Maurice Iwu, Achebe said “I must confess very profound disappointment with what is happening on the African continent….The idea of a civilized society is one where power is transferred willingly because the law is there but somehow in Africa we still have not learnt that simple but profoundly important fact; that unless you have a process that makes succession easy, even friendly that even opponents can smile, unless we get there, we still have a very long way to go.

Achebe's comment is in tandem with the feelings of many Nigerians who remain sceptical about the sincerity of late President Umaru Yar’Adua and his PDP government to true electoral reforms in Nigeria, and their scepticism is not without reason. President Yar’Adua in his response during the submission of the Nigerian Electricity Regulatory Commission (NERC) report to him said his government would do everything within its powers to ensure that the recommendations are implemented to usher in a credible electoral process in the country.

However, later events have created severe doubts in the minds of observers of the Nigerian political process raising much more doubts about electoral legitimacy in the country

5Ahmed Abubakar: “HISTORY OF ELECTIONS IN NIGERIA FROM INDEPENDENCE” Available at https://peoplesdailyng.com/history-of-elections-in- nigeria-from-independence/

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One of such events was the feeble response to the botched Ekiti re-run election which was trailed by controversy and intrigues. INEC delayed the election itself due to security concerns over gang- related violence believed to be sponsored by some of the political parties. Then the Resident Electoral Commissioner, Mrs Ayoka Adebayo, resigned her position over an unwillingness to participate in a process that went "against her conscience," but suddenly returned to her seat again after conferring with the ruling People's Democratic Party (PDP).

Nigeria’s election story can never be complete without mentioning the violent aspect that has since followed such elections since independence.

In between independence in 1960 and 1999 when civilian rule was restored, Nigeria produced only two elected governments, and both were overthrown in a military coup de’tat before completing a second term in office. In all, Nigeria’s military ruled the country for nearly 30 of its first 54 years of independence, excluding the three months of short-lived Interim National Government (ING).

Attempts at deepening and strengthening democracy in Nigeria are yet to achieve the desired result. This is evident from the outcomes of the 1999, 2003 and 2007 electoral cycles which were marred with widespread violence and fraud. Instead, Nigeria has only added to its history of fraudulent and violent elections. 1999, 2003 and 2007 general elections that brought President Olusegun Obasanjo and later late President Umaru Yar’ Adua to power were marred by such widespread violence and fraud.

For example, the US-based Jimmy Carter Foundation which monitored the 1999 election as an International Observer commented as follows:

"It is not possible for us to make an accurate judgment about the outcome of the presidential election". In the same vein, the 2003 elections were more pervasively and openly rigged than the flawed 1999 polls, and far more bloody.

These events set the stage for the 2007 elections which both domestic and foreign observers succinctly described as the worst in Nigeria’s history ranking among the worst conducted anywhere in the world in recent times. For instance, the US-based National Democratic Institute (NDI) stated in its post-election statement that the electoral process “failed the Nigerian people”.

The Human Rights Watch (2007). which monitored the election in its report said Nigeria's failed April 2007 polls cast a harsh and very public light on patterns of violence, corruption and outright criminality that have come to characterize Nigeria's political system and on the extent to which officials and institutions at all levels of government accept, encourage and participate in those abuses.

The 2007 and 2011 general elections came and went with many cases/determined in courts. Thus, arising from the 2007 general elections alone, 1,299 election petitions were challenging official results out of a total of 1, 496 elective offices in respect of which INEC organised elections, yielding an astounding 86.5%.34 From the 2011 elections, there were an additional 769 petitions, which

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despite the decrease still netted a majority (51.4%) of electoral posts challenged Nigerians became afraid of future elections.

Politics should not be conceived as the most lucrative industry in Nigeria. It is this mindset that makes aspirant or political office seekers exhaust "all means" in capturing the position. Public office should be seen as service to humanity and protecting the lives and the welfare of citizens.

The 2011 election also culminated into violence that initially started with widespread protests by supporters of the leading opposition candidate, Muhammadu Buhari, of the Congress for Progressive Change (CPC), following the re-election Goodluck Jonathan, who was the candidate for the ruling People’s Democratic Party.

The protests snowballed into violent riots or sectarian killings in the northern states of Adamawa, Bauchi, Borno, Gombe, Jigawa, Kaduna, Kano, Katsina, Niger, Sokoto, Yobe, and Zamfara. Relief officials estimate that more than 65,000 people were displaced.

The April 2011 presidential election no doubt further divided the country along ethnic and religious lines. Electorates now vote candidates based on sentiments of religion or ethnicity rather than pedigree, conviction, or a political party’s manifesto that spells-out what the candidate would ensure done when elected.

It is true that electoral violence has characterised our political elections since independence. This trend can be reversed only if we can change our mindsets on what politics and governance is all about.

Since its achievement of independence in 1960, Nigeria has been tormented by political instability mainly fueled by an electoral process in crisis. It appears the country and her leaders have failed to learn from history and avoid the pitfalls of past mistakes to pave the pathway for a secure political future.

It is however hoped that there will be more serious and sustainable efforts aimed at restoring the credibility of elections in Nigeria as the most acceptable way of conferring legitimacy to those who govern in a democratic setting.

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CHAPTER THREE: A human RIGHTS ANALYSIS OF ELECTIONS

“The will of the people shall be the basis of the authority of government; this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret ballot or by equivalent free voting procedures." (UDHR Art. 21)

This chapter contextually explores the interface between elections and human rights; it starts by providing the legal and political background for elections in Nigeria. It also examines the human rights obligations of the country.

It considers the interplay of human rights and election at the international and national arena. It begins with an explanation of the context of the right to vote and its importance.

Elections are organised processes, where electorates vote candidates of their choice into public offices.6 Electoral practices lie at the heart of representative democracy. The credibility of governmental institutions hinges on accountability that is founded on the entitlement of citizens to choose their government or change it freely. This freedom requires the rule of law, including an effective administration of justice7For this reason, the conduct and organisation of elections are regulated everywhere by laws. Where these laws are not observed, the returns from elections become illegitimate and unlawful. By definition, a democracy is legitimate only when it is founded on the will of its citizens freely and effectively exercised through the ballot. .Democracy is based on the principle that citizens must be fully involved in choosing who governs them and how. The essence of democratic government is popular sovereignty. To achieve this, it is imperative that elections are conducted in accordance with the rule of law. The rule of law demands, in particular, that those charged with the responsibility of conducting elections should not, or should not be allowed to suppress the political rights of the parties, candidates and, most especially, citizens to whom sovereignty belong8Elections provide the channel for the majority of citizens to decide who governs them and to choose the political programme that best advances their aspirations.

The National Legal Framework:

The legality of elections as a process for deciding public officers upon whom the affairs of the state will be bestowed, does not only stem from moral conviction but is given some teeth with the legal framework. This framework explains the legal basis for elections in Nigeria, it explains how they should be conducted and highlights the rules of the game. It also describes the roles of each stakeholder.

6 An independent Study of 2015 General Elections Cases for Evidence of Gross Violations of the Rights to Participate in Government, Public Service and to Fair Trial, p7 7 Ibid p.18 8 S. 14(2)a CFRN

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In Nigeria as well as other countries, the essence of elections as a process to choose or change leadership structure has been recognised and adopted by the citizenry. It replaces the archaic method of sorting it out on the battlefield through violence. This process is an integral part of democracy, developed by Greece, long after defeating the authoritarian symbol in the battle of the marathon in 490 BC.

In essence elections as part of the democratic process is supposed to replace jungle justice and help avoid violence as a means of a leadership contest. This means that all stakeholders are expected to engage with the process without fear or favour. An electoral process that harbours violence and violation of rights is therefore inimical to the protection of human rights. The exploration of this matrix between human rights and elections will start first with a study of the legal framework of the national electoral system.

Electoral Provision in the Constitution:

The 1999 Constitution of the Federal Republic of Nigeria (as amended), will be the basis of reference, in considering the constitutional provision for elections in Nigeria. The constitution in Chapter One states clearly that "the Federal Republic of Nigeria shall not be governed, nor shall any persons or group of persons take control of the Government of Nigeria or any part thereof, except per the provisions of this Constitution9". In Nigeria, the Electoral Act (2010) is the principal legislation regulating elections and its conduct.

Under the Electoral Act, the Independent National Electoral Commission is saddled with the responsibility of conducting all elections for the offices of the president, the vice-president, the Governors and their deputies, the Federal and State houses of Assembly and other elections.10

The constitution further provides a real platform to ensure that these aspirations are fulfilled. Chapter four of the Constitution provides for the protection of fundamental human rights.

The right to participate in governance is constitutionally guaranteed in Nigeria. Section 132(5) of the 1999 Constitution provides as follows:

“Every person who is registered to vote at an election of a member of a legislative house shall be entitled to vote at an election to the office of President”.

There are similar provisions in the Electoral Act, 2010 (as amended) concerning the right to vote or be voted for during elections. More so, Nigeria is a party to various international human rights instruments. These instruments complement domestic constitutional and legal guarantees on human rights

9 CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA. Available at: http://www.nigeria-law.org/ConstitutionOfTheFederalRepublicOfNigeria.htm 10 Constitution of the Federal republic of Nigeria: “F – INDEPENDENT NATIONAL ELECTORAL COMMISSION”. Available at: http://www.nigeria- law.org/ConstitutionOfTheFederalRepublicOfNigeria.htm#IndependentNationalElectoralCommission

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Right to Vote under international law

There is no gainsaying the fact that the right to vote encourages civic consciousness through political participation; as such, the right to vote is anchored on the tenets of democracy; and democracy is regarded as one of the universal core values and principles of the United Nations. It is trite that respect for human rights and fundamental freedoms and the principle of holding periodic and genuine elections by universal suffrage are essential elements of democracy. As such, the right to vote is an essential right and the fulcrum upon which democracy rests.11

The Universal Declaration of Human Rights, adopted unanimously by the United Nations General Assembly in 1948, recognises the integral role that transparent and open elections play in ensuring the fundamental right to participatory government.

The Universal Declaration of Human Rights in Article 21 essentially states that “the will of the people shall be the basis of the authority of government; this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret ballot or by equivalent free voting procedures.”12

The role that periodic, free elections play in ensuring respect for political rights also is enshrined in the International Covenant on Civil and Political Rights. Article 25, particularly recognises that every citizen has the right "…to vote and to be elected at genuine periodic elections, which shall be by universal and equal suffrage and shall be held by secret ballot, guaranteeing the free expression of the will of the electors…", The key international guarantee of voting rights and free elections rest on this premise.13

Despite the status given to the right to vote on the international scene, and even though Nigeria has ratified these international instruments, it is disconcerting to discover that voting rights in Nigeria are not guaranteed under Chapter IV of the Constitution, which stipulates the fundamental rights that accrue to every Nigerian citizen14.

Although it may be argued that this right has been implicitly provided for in the Constitution (for example Section 77), the Electoral Act, (Section 12 (1))15 and the Registration of Voters Act (Section 1 (2))16, it is however important to note that these laws relate only to the eligibility and registration of voters, grounds and procedure for challenging the outcome of an election, etc. These laws do not expressly guarantee the right to vote of the Nigerian Citizen. The right to vote ought to be given the same recognition and protection as the right to life, the right to human dignity and the right to freedom from discrimination – all of which are guaranteed as fundamental human rights in the Constitution.

11 Oludolapo Makinde: “1999 CONSTITUTION AND RIGHT TO VOTE”. Available at: https://punchng.com/1999-constitution-and-right-to-vote/ 12 United Nations: “UNIVERSAL DECLARATION OF HUMAN RIGHTS”. Available at:http://www.un.org/en/universal-declaration-human-rights/ 13 United Nations: “INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS”. Available at: https://treaties.un.org/doc/publication/unts/volume%20999/volume-999-i-14668-english.pdf 14 Oludolapo Makinde: “1999 CONSTITUTION AND RIGHT TO VOTE”. Available at: https://punchng.com/1999-constitution-and-right-to-vote/ 15 Centre for Laws of the Federation of Nigeria: “ELECTIONS(REGISTRATION, ETC., OF VOTERS)ACT”. Available at:http://lawnigeria.com/LawsoftheFederation/Electoral-Act,-2010.html 16 Centre for Laws of the Federation of Nigeria: “ELECTIONS(REGISTRATION, ETC., OF VOTERS)ACT”2010. Available at:http://lawnigeria.com/LawsoftheFederation/ELECTIONS-%28REGISTRATION,-ETC.-OF-VOTERS%29-ACT.html

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Electoral Administration in Nigeria:

The constitution provided the legal rationale for the management of elections; it affirmed clearly that:

― The Independent National Electoral Commission shall comprise the following members - a Chairman, who shall be the Chief Electoral Commissioner and twelve other members to be known as National Electoral Commissioners, who shall be persons of unquestionable integrity and not less than fifty years and forty years of age, respectively. That there shall be for each State of the Federation and the Federal Capital Territory, Abuja, a Resident Electoral Commissioner who shall - be appointed by the President, be persons of unquestionable integrity and not be less than forty years of age17.

It further added that:

The Commission shall have power to - organise, undertake and supervise all elections to the offices of the President and Vice-President, the Governor and Deputy Governor of a State, and to the membership of the Senate, the House of Representatives and the House of Assembly of each State of the Federation. It shall register political parties in accordance with the provisions of this Constitution and an Act of the National Assembly; monitor the organisation and operation of the political parties, including their finances. It shall arrange for the annual examination and auditing of the funds and accounts of political parties, and publish a report on such examination and audit for public information including to arrange and conduct the registration of persons qualified to vote and prepare, maintain and revise the register of voters for the purpose of any election under this Constitution. The Commission shall monitor political campaigns and provide rules and regulations which shall govern the political parties; ensure that all Electoral Commissioners, Electoral and Returning Officers take and subscribe the Oath of Office prescribed by law. The commission can delegate any of its powers to any Resident Electoral Commissioner, and carry out such other functions as may be conferred upon it by an Act of the National Assembly.18

The International Legal Framework:

This exploration of an international legal framework will be limited to the international human rights framework. This will help to draw the needed link between elections and human rights and why such a relationship is essential and necessary. The United Nations, the custodian of most International human rights treaties, has been examining this link in many rigorous processes. They believe that the Rule of law should be posited effectively by drawing the connection between democracy and human rights. They describe this link as:

Democracy is one of the universal core values and principles of the United Nations. Respect for human rights and fundamental freedoms and the principle of holding periodic and genuine

17 Constitution of the Federal republic of Nigeria: “F – INDEPENDENT NATIONAL ELECTORAL COMMISSION”. Available at: http://www.nigeria- law.org/ConstitutionOfTheFederalRepublicOfNigeria.htm#IndependentNationalElectoralCommission 18 Constitution of the Federal republic of Nigeria: “F – INDEPENDENT NATIONAL ELECTORAL COMMISSION”. Available at: http://www.nigeria- law.org/ConstitutionOfTheFederalRepublicOfNigeria.htm#IndependentNationalElectoralCommission

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elections by universal suffrage are essential elements of democracy. These values are embodied in the Universal Declaration of Human Rights and further developed in the International Covenant on Civil and Political Rights which enshrines a host of political rights and civil liberties underpinning meaningful democracies. The rights enshrined in the International Covenant on Economic, Social and Cultural Rights and subsequent human rights instruments covering group rights (e.g. indigenous peoples, minorities, persons with disabilities), are equally essential for democracy as they ensure an equitable distribution of wealth, and equality and equity in respect of access to civil and political rights.19

In 2007, The Human Rights Commission of Malaysia as part of the Human Rights Day celebration had a SUHAKAM‟s Conference in which the link between Human Rights and Election was explored. The conference was of the view that “transparency and accountability go hand in hand with the right to govern”. Invariably elected officials must adopt universal best practice, consistent with the economic, political, social and ethnic needs of a moral and caring society. This is expected of the leadership in building an ethical and socially responsible government. Accordingly, to them, this mandate was given by the public, mostly through the confidence reposed in them by the electorate through voting. In deepening their argument, they affirmed that:

―Human rights are central to democratic values; these fundamental rights that differentiate us from an authoritarian regime are enshrined in the Constitution. Freedom of assembly and of speech is crucial in an active democratic society. It denies voters access to different views and prevents them from making a sound decision when voting. It is also a disadvantage to the opposition who do not have access to the mass media as members of the ruling party directly or indirectly own most of them. As such, there is a need for new laws prohibiting political parties to own media, and furthermore, legislation that is contradictory to the rights of freedom of assembly and speech must be repelled.20

Although this situation may be more specific to Malaysia, it also relates to many developing countries, including Nigeria. However, this debate of promoting a stronger democratic space is essential and vital for Nigeria. The call for a stronger electoral system by the government of Nigeria is critical and needs not to be overemphasised. Nigeria had experienced six presidential elections in which one political party (PDP) was in Power at the centre for 16 years before the ruling incumbent APC government took over in 2015. An electoral system devoid of conflict, violence and political intrigues is desirable, not only as a dictate of the constitution as enumerated above, but more importantly as required by International human rights treaties. The Carter foundation considers part of this as Public International law (PIL):

―PIL creates a framework for democratic election standards that is based on obligations in international and regional treaties and instruments to which State Parties have already voluntarily

19 HCHR(New York): ‘RULE OF LAW - DEMOCRACY AND HUMAN RIGHTS’(for more information visit:www.ohchr.org/EN/Issues/RuleOfLaw/Pages/Democracy.aspx)assessed on(27/2/19) 20 TUNKU ABDUL AZIZ IBRAHIM: ‘HUMAN RIGHTS AND ELECTION: ELECTORAL PROCESS’ : Human Rights and Election: SUHAKAM’s Conference in Conjuction with Malaysia Human Rights Day 2007: page 26 available at: (www.rwi.lu.se/NHRIDB/Asia/Malaysia/HumanRightsandElection.pdf)assessed on(27/2/2019)

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committed, as well as on international customary law (as evidenced by state practice). That is, states have obligated themselves to standards of behaviour and respect for human rights through the signature and ratification of treaties and in some cases through membership in the community of states. Because states are committed to upholding these obligations, PIL provides a recognized, objective, and transparent set of standards for assessing elections. … PIL develops over time. As treaties, declarations and other instruments are signed, ratified or endorsed, the pool of obligations grows and evolves. This means that PIL is not static, but is a living body of law that can respond to the changing needs of the international community, and the states themselves21.

Nigeria is a state party to the following treaties: Convention Against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment (CAT); International Covenant on Civil and Political Rights (CCPR); Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW); International Convention on the Elimination of All Forms of Racial Discrimination (CERD); International Covenant on Economic, Social and Cultural Rights (CESCR); Convention on the Rights of the Child (CRC); Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in armed conflict (CRC-OP-AC); Optional Protocol to the Convention on the Right of the Child on the sale of children child prostitution and child pornography (CC-OP-SC); Convention on the Rights of Persons with Disabilities (CRPD) and Optional Protocol to the International Covenant on Civil and political rights (CCPR-OP1). The Nigeria Government is only a signatory to the Optional Protocol on the Convention against Torture (CAT-OP); Convention for the Protection of All Persons from Enforced Disappearance and International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families (CMW).

The above clearly shows binding International human rights commitments, especially to those treaties to which Nigeria is a state party and for those in which the state is a signatory.The country is bound by article 18 of the Vienna Convention on the Law of Treaties 1969 to refrain from acts which would defeat the object and purpose of that treaty before its entry into force. On the African front, Nigeria ratified the African Charter on Democracy, Elections and Governance in 200722; the Africa Charter on Human and Peoples‟ Rights in 198323; Constitutive Act of the Africa Union in 200124. In March 2012, the UN‟s Human Rights Council adopted a resolution titled "Human rights, democracy and the rule of law," which reaffirmed that democracy, development and respect for all human rights and fundamental freedoms were interdependent and mutually reinforcing. The Council called upon States [countries] to make continuous efforts to strengthen the rule of law and promote democracy through a wide range of measures. It also requested the OHCHR, in consultation with States, national human rights institutions, civil society, relevant intergovernmental bodies and international organisations, to draft a study on challenges, lessons

21 Avery Davis-Roberts & David J Carroll: ‘Using International Law To Assess Elections. Available at: http://www.informaworld.com/smpp/content~db=all~content=a922099370~frm=titlelink (12518). Assessed on (27/2/2019). 22 African Commission on Human and People’s Rights: “RATIFICATION TABLE: AFRICAN CHATER ON DEMOCRACY, ELECTIONS, AND GOVERNANCE. Available at: http://www.achpr.org/instruments/charter-democracy/ratification/ 23 African Commission on Human and People’s Rights: “RATIFICATION TABLE: AFRICAN CHATER ON PEOPLES’ RIGHTS. Available at: http://www.achpr.org/instruments/achpr/ratification/ 24 African Commission on Human and People’s Rights: “RATIFICATION TABLE: CONSTITUTIVE ACT OF THE AFRICAN UNION. Available at: http://www.achpr.org/instruments/au-constitutive-act/ratification/

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learned and best practices in securing democracy and the rule of law from a human rights perspective.

Human Rights and Elections: A framework

The normative framework of mainstreaming human rights into the electoral process can be first sourced from the International Covenant on Civil and Political Rights. Article 25 of the covenant enshrines the rights of Nigerians to vote when it states that:

“Every citizen shall have the right and the opportunity, without any of the distinctions mentioned in article 2 and without unreasonable restrictions: a) To take part in the conduct of public affairs, directly or through freely chosen representatives; b) To vote and to be elected at genuine periodic elections which shall be by universal and equal suffrage and shall be held by secret ballot, guaranteeing the free expression of the will of the voters; c) To have access, on general terms of equality, to public service in his country.”25

For this article to be fully impactful, it needs the support of other provisions of the covenant, chief among which are article 6.1 and article 7. While article 6.1 made provision for the protection of rights to life of Nigerians, including when they are voting, article 7 prohibits torture and inhuman and degrading treatments. These articles state thus:

Article 6.1. “Every human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his life.”

Article 7. “No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. In particular, no one shall be subjected without his free consent to medical or scientific experimentation.”26

Other relevant articles include article 9.1 that prohibits arbitrary arrest, article 19.1 and 19.2 that promote freedom of opinion and freedom of expression respectively. Freedom of assembly and freedom of association are protected by article 21 and 22 respectively.

Article 13 1. “Every citizen shall have the right to participate freely in the government of his country, either directly or through freely chosen representatives in accordance with the provisions of the law.” 2. “Every citizen shall have the right of equal access to the public service of the country.” 3. “Every individual shall have the right of access to public property and services in strict equality of all persons before the law.”

Against the background of these rights protection, politically motivated killings are increasing concerns in an electoral process, the United Nations also provide some protections:

25 Avery Davis-Roberts and David J. Carroll1: ‘Using International Law to Assess Elections’: (Democracy Program, The Carter Center, Atlanta, GA, USA). Available at: (https://www.cartercenter.org/resources/pdfs/peace/democracy/des/internationallawassesselections-prepub.pdf.)assessed on (27/2/19). 26 United Nations: ‘International Covenant On Civil And Political Rights’(No. 14668) available at (https://treaties.un.org/doc/Publication/UNTS/Volume%20999/volume-999-I-14668-English.pdf.), assessed on(27/02/2019).

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―Killings constitute human rights violations when they are murders directly committed by or condoned by the state authorities, that is, when they present the following three characteristics: • They take place at the order of, or with the complicity or acquiescence of, the authorities. In other words, killings carried out by individual policemen or soldiers in violation of enforced orders do not constitute human rights violations. • They are deliberate: they have not occurred by accident or because of ignorance or self-defence. • They are unlawful: they violate national laws, such as those prohibiting murder, as well as international human rights and humanitarian standards forbidding arbitrary deprivation of life. They did not follow proper and adequate judicial or legal proceedings.27

Other killings constitute human rights violations when parties to a conflict have violated the laws of war prohibiting the killing of unarmed individuals and prisoners of war: • Deliberate killing of prisoners of war. • Deliberate or indiscriminate killing of civilians.

The killings constitute human rights abuses when they have been committed by armed opposition groups in violation of international norms prohibiting the arbitrary deprivation of life:

 They are deliberate: that is, they are not committed in self-defence, by accident or ignorance.  They flout even minimum standards of human behaviour applicable to governments and armed opposition groups alike.  They are committed on the authority of a political entity or with its acquiescence.  They are part of a policy to eliminate specific individuals or groups or categories, or they occur because such abuses are allowed to be committed or tolerated.

These human rights violations and abuses most of the time affect the credibility of the elections. This credibility is defined in the contest of the „Freeness‟ and the Fairness” of the electoral environment within the international framework: This is known as a human rights friendly environment:

Human Rights Friendly Environment:

This is an environment that will not only guarantee a “free” election but also guarantee the “fairness” of the election, which is an essential precondition for good governance and respect for the rule of law. Elections must guarantee the exercise of freedom of opinion, association, expression, non-discrimination, and the use of the secret ballot box system

Elections should be “fair”, and in doing that, the environment must be conducive for the encouragement of the „one person, one vote‟ system, for non-discrimination and positive measures, and for a genuine election. The security forces have a bigger role to play.

27 Amnesty International and CODESRIA: ‘Monitoring and Investigating Political Killings', available at (http://codesria.org/IMG/pdf/killings.pdf)assessed on(27/2/2019).

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Free Election:

The ultimate indication of whether elections are “Free” is the extent to which they facilitate the full expression of the political will of the people concerned. According to the Universal Declaration of human rights (art 21, para .3 )this is the very basis of legitimate governmental authority.28

Diagram Showing Human Rights Elements of Elections

Fair Election:

The requirement that election is “fair” is also an easily identifiable international norm. Any measures which could have the effect of circumscribing or frustrating the will of the people would of course violate the Universal Declaration of Human Rights (art. 21 para 3) and render elections not fair.29

28 OHCHR : Human Rights and election manual. 29 OHCHR : Human Rights and election manual

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Regional Human Rights and Democratic Framework:

Beyond the international human rights framework, the regional human rights regime also provides some protection. African Charter on Human and Peoples‟ Rights (1981) provides that: ― every citizen shall have the right to participate freely in their government30.

Participation in governance takes many forms, however, in the context of our work, we are keenly interested in democracy and human rights. Our aspiration is how can the respect for human rights strengthen the democratic process? This is a big challenge amidst other research in the democratic space. The prescriptive implications of this question for policymakers interested in state building have been somewhat limited, however, by reliance on multidimensional measures of democracy....consequently, a policymaker emerges from this literature confident that "democracy matters" but unclear about which set(s) of reform(s) is likely to yield greater human rights23.

― a person interested in promoting human rights in a new democracy must first focus on ensuring that a substantial amount of progress is attained on each of the other [Democratic] subcomponents in order to create the kind of institutional foundation necessary to support party competition31.

The Africa regional legal framework in its treaty devoted to issues of elections. The Africa Charter on Democracy, Elections and Governance encapsulates the desire of the African leaders. The Objectives of the charter incorporate the „universal values and principles of democracy and respect for human rights; Promote the holding of regular free and fair elections to institutionalize

30 Article 13(1) of the African (Banjul) Charter on Human and Peoples’ right. Available at (http://cislacnigeria.net/index.php/2013/02/04/the-african- charter-on-human-and-peoples-rights/). 31 Thinking inside the Box: A Closer Look at Democracy and Human Rights Author(s): Bruce Bueno De Mesquita, George W. Downs, Alastair Smith and Feryal Marie Cherif. available at: (https://edisciplinas.usp.br/pluginfile.php/103233/mod_resource/content/1/Bueno%20de%20Mesquita,%20Downs,%20Smith, %20and%20Cherif.pdf). assessed(27/2/2019).

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legitimate authority of representative government as well as a democratic change of governments as well as promote and protect the independence of the judiciary among other provisions. Chapter Three of this treaty urges state parties to implement „respect for human rights and democratic principles, including the principle of rule of law. However, chapter four of the charter on Democracy, Rule of Law and Human Rights states that:

―State Parties shall commit themselves to promote democracy, the principle of the rule of law and human rights. State Parties shall recognize popular participation through universal suffrage as the inalienable right of the people32. State Parties shall ensure that citizens enjoy fundamental freedoms and human rights taking into account their universality, interdependence and indivisibility33. State Parties shall eliminate all forms of discrimination, especially those based on political opinion, gender, ethnic, religious and racial grounds as well as any other form of intolerance. State Parties shall adopt legislative and administrative measures to guarantee the rights of women, ethnic minorities, migrants, people with disabilities, refugees and displaced persons and other marginalized and vulnerable social groups. State Parties shall respect ethnic, cultural and religious diversity, which contributes to strengthening democracy and citizen participation”34.

The Carter Centre has a compilation of all relevant human rights laws that relate to elections. The diagram below identified soft and hard laws at the international fora, it identified “genuine election” and “free expression of the will of the people..” as soft laws and consider the others as hard laws and accountable treaties that are mandatory for states.

32 25African Commission On Human And People’s Rights: ‘African Charter on Democracy, Elections and Governance. Article 4 (1)(2) available at: (www.achpr.org/instruments/charter-democracy/).

33 Article 6 available at: (www.achpr.org/instruments/charter-democracy/). 34 Article 8 (1)(2)(3). assessed on(27/2/2019).

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Conclusion:

Most of these rights in the diagram above were either violated or abused in all elections in Nigeria, the present elections inclusive. Hence the need for electoral observers, including Human Rights Institutions and Civil Society, to integrate human rights mandates into their monitoring and observation work needs not to be overemphasised. There is also an additional need to guarantee that elections ensure that the will of the people is reflected in the outcome. This is the whole essence of the democratic process. Protecting human rights around elections provides the necessary inputs to defend the legitimacy of the vote. It also strengthens the assertion that the only legitimate way for the politician to get into power is by the voters’ choice which is ideally guided by evidence and perceptions of the candidate as someone capable of delivering good governance and popular and pragmatic programmes.

The new wave of change in West Africa whereby, more opposition parties’ candidates are getting into power is a reflection of peoples “will” in electoral result. We take the stand that this is due partly to the protection of human rights in the electoral process.

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CHAPTER FOUR: 2019 GENERAL ELECTIONS : EMERGING ISSUES

Nigeria's Democracy truncated by decades of military rule, got a new lease of life in 1999 when Nigeria started a Presidential System of Democracy. The country has witnessed five (5) cycles of general election periods namely: 1999, 2003, 2007, 2011 and 2015 and the just concluded general election of 2019 will make it the sixth cycle.

During these past election periods, there have been emerging issues revolving around violence, killings and Human Rights violations and abuses, hate speeches, inter-party clashes, unlawful killings, assassination attempts and movement of politicians from one political party to another for their political interests, among others. It should also be noted that in all these elections from 1999 to 2015, there have never been a voters' turn out of up to 75%. This can be credited to voters' apathy.353637

In 1999, there were 57,938,945 registered voters by INEC. However, the total votes cast was 30,280,052, representing 52.3 percent.There were 29,848,441 valid votes and 431,611 invalid votes, representing 98.6 percent and 1.4 percent of the total votes cast respectively.

However, the voter turnout rose in 2003 to 69.1 per cent. That year, INEC had 60 ,823,022 registered voters, out of which 42,018,735 turned out and cast their votes with 39,480,489 valid votes and 2,538,246 invalid votes.The turnout in 2003 represents an increase of 16.8 percent.

In 2007, available records showed that there were 61,566,648 registered voters by INEC out of which 35,419,262 voters, representing 57.4 per cent, were said to have been voted. This represents a drop in the voter turnout of 11.04 percent.

The voter turnout again dropped further to 53.7 percent in the 2011 presidential election when INEC had 73,528,040 registered voters, but only 39,469,484 of them turned out for the poll, with 38,209,978 valid votes and 1,259,506 invalid votes. This represented a drop of 4.36 percent.

The situation was the same in 2015 when only 29,432,083 voters, which was 43.6 percent out of the 67,422,005, registered voters turned out and cast their votes. That year, there were 28,587,564 valid votes and 844,519 invalid votes. The drop was 10.1 percent38

It is worthy of note that there is a radical improvement in the number of registered voters moving into the 2019 general elections as the number rose from 68 million registered voters in 2015 to 84 million registered voters in 2019, representing an increase of about 16 million.39

35 TMG: “ NIGERIAN TURNOUT IN CONTEXT” Available at: (https://www.tmgtowards2015.org/turnout.html) 36 University Of Pennsylvania - African Studies Center: “NIGERIA: ELECTION MONITORING”(2,18 FEB 1999) Available athttps://www.africa.upenn.edu/Urgent_Action/apic_21899.html 37 Friedrich Ebert Stiftung: “VOTER APATHY AND THE 2011 ELECTIONS IN NIGERIA” Available at:https://library.fes.de/pdf- files/bueros/nigeria/08931.pdf 38 Daily Trust: “HOW VOTER TURNOUT SHAPES NIGERIA’S ELECTIONS”, Available at: https://www.dailytrust.com.ng/how-voter-turnout-shapes- nigerias-elections.html.

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These Emerging Issues, discussed under this Chapter, affected the political milieu and heated the polity. These issues have direct impact on participation and actualisation of people's rights to vote. They are visible in the recent 2019 general elections. They include but not limited to: Political Parties explosion, Political Rallies and danger of ‘show me your crowd’ Insecurity of voters ,Political violence, Fake news, Hate Speech, Death for Ballot Box Snatchers and Suspension of the Chief Justice of the, Federation and Political Tension.

During the build-up to the general elections, the electoral governing body experienced a lot of political party registrations which brought the number of political parties in Nigeria to a total of 91 political parties. 79 Political Parties out of the 91 will be taking part in the 2019 general elections, and according to the Independent National Electoral Commission INEC, all of these parties have been factored into the ballot papers.

In the last quarter of 2018, several political parties specifically the ruling party All Progressive government (APC) and the Opposition Peoples Democratic Party (PDP) experienced mass defections of their members to different political parties. The ruling APC had more senior members of their party decamping to the PDP. For instance, the Senate President and the Speaker of the House of Representatives left APC for PDP. It is right to say that the current Presidential Aspirant of the PDP was once an APC member who decamped during that period of mass defections. The PDP also suffered set back as the leader of the minority in the Senate who was once a PDP senator also left the party for APC. There were several other defections amongst parties at the state and local government levels too.40

During the primary elections within the political parties to produce their candidates for all electoral positions, there were a lot of allegations and counter allegations on how the entire process was carried out across party lines. The PDP was accused of massive vote buying (in dollars) during their presidential primaries that produced Alhaji Atiku Abubakar as their presidential candidate. This allegation, however, is yet to be proven41. On the other hand, the APC experienced many disagreements amongst party members between the national and state levels on the medium to adopt for their primaries. The national working committee opted to use the direct medium of party primaries to select their presidential candidates while advising the party at state levels to either use the direct or indirect primaries to choose their candidates. However, this did not go well with some party chieftains as protest after protest rocked the party both at the state and national levels. Factions were created within the party such as in APC Imo State, APC Ogun State, APC Rivers State and APC Zamfara State. This led to the Independent National Electoral Commission removing APC candidates in Rivers and Zamfara States from the elections respectively as they couldn’t comply with the standards of the commission as regards conducting a primary election. The courts were left to decide on the cases and the outcomes have not been favourable to the ruling APC at least in

39 Premium Times: “2019: LAGOS, KANO TOP LIST OF REGISTERED VOTERS” Available at: https://www.premiumtimesng.com/news/headlines/304715-2019-lagos-kano-top-list-of-registered-voters.html 40 Chioma Gabriel: “POLITICAL DEFECTIONS: IN WHOSE INTERESTS?” Available at: https://www.vanguardngr.com/2018/08/political-defections-in- whose-interests/ 41Olusola Fabiyi, Chukwudi Akasike, Ihuoma Chiedozie And Simon Utebor: “PRESIDENTIAL PRIMARY: DOLLAR RAIN AS SARAKI, ATIKU, TAMBUWAL DIVIDE PDP LEADERS. Available at: https://punchng.com/dollar-rain-as-saraki-atiku-tambuwal-divide-pdp-leaders/

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Rivers state , while the appellate court upturned the decision in Zamfara state allowing the party to contest the Governorship and State House of Assembly elections.

There were also series of coalitions of different political parties coming together to choose a consensus candidate for the sole reason of defeating the ruling APC in the upcoming election. Similarly, alliances such as the Coalition of United Political Parties (CUPP) were formed with 45 registered political parties coming on board, and they adopted the candidate of the PDP Alhaji Atiku Abubakar as their presidential candidate for the 2019 general elections.

These political parties explosion presents a new challenge for INEC to managed 97 political parties ensuring they play by the rules and adhere strictly to INEC timetable and schedule of activities. It has shown that Nigeria political parties still struggle with ideology and identity. Politicians on the other hand make the case worse by jumping from one political party to the other. This eventually limits the choices needed to express the right to vote of the citizenry.

1. Political Rallies and danger of ‘show me your crowd’

All the political parties especially the ruling APC and the PDP organised several high powered political rallies across the 36 states including the FCT. These rallies played host to all political stakeholders and party faithful as they trooped out in their thousands to honour their different political candidates during each party’s political rallies.

These rallies, however, did not all go well as there were casualties in some of them. Some people were recorded to have lost their lives and others seriously injured during and after some of the rallies. There were also reports of political clashes between parties during some of their rallies that left a lot of properties and campaign materials destroyed. The media had various captions reflecting death and violence as follows:

a) Two people were reported dead and others injured as they travelled home from PDP rally in Jos42. b) One person also died, and 50 others were injured in an attack on APC rally.43 c) There was a severe bloody clash between the supporters of APC and supporters of APM in Ogun state as the two political parties collided with each other during their political campaign/rally44. d) In Bayelsa, one man was reported dead while two others were injured as thugs attack APC rally.45 e) Two were also killed and many others injured as violence breaks out at APC rally in Oyo46

42 Success Nwogu: “TWO DEAD, OTHERS INJURED AS THEY TRAVEL HOME FROM PDP RALLY IN JOS.” Available at: (punchng.com/two-dead-others- injured-as-they-travelled-home-from-pdp-rally-in-jos/, (Jan. 13th, 2019)). 43 Adekunle Jimoh: “ONE DEAD, 50 INJURED IN ATTACK ON APC RALLY”. Available at: thenationonlineng.net/one-dead-50-injured-attack-apc-rally/ Jan. 15th, 2019. 44 Independent: “OGUN: APC, APM SUPPORTERS IN BLOODY CLASH”. Available at: www.independent.ng/ogun-apc-apm-supporters-in-bloody- clash/amp/ 45www.instagram.com/p/BtazmSzILMn/?utm_source=ig_share_sheet&igshid=r5286w0vlncr

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f) Two APC supporters were feared dead at Buhari’s rally in Jalingo47 as another five people were reported killed and the Gov’s convoy attacked at another Buhari’s rally48. g) The FCT Minister narrowly escaped death as APC, PDP supporters clash in Abuja.49 h) Nine person also slumped at Atiku’s Kano rally.50 i) The Presidency in a statement confirmed eight deaths in Buhari’s Taraba rally51 even as President Buhari mourns deceased APC supporters who died during APC campaign rally in Port Harcourt.52

These are some of the many incidents captured by the HURIDAC/NHRC election monitors and observers. Evidence shows that the political parties involved are sometimes victims of violence and other times, they are the perpetrators of this violence.

There is however need to identify the cause of violence during the elections in order to prevent such in future elections. It is also imperative for perpetrators of violence to be held accountable for their actions.

2. Insecurity of voters:

For many years now, Nigeria has been contending with the Insurgency in the North East.53. Boko Haram which were peaceful in the first seven years of their existence started their killings and terrorists attacks, destroying lives and properties from the year 2009 under late President Umar Musa Yar'Adua’s administration54 and the battle has lingered on till now with both sides (i.e. the Nigerian Armed Forces and the terrorists) having suffered numerous casualties. Empirical evidence shows that the military is winning the fight against terror as they have recovered and dislodged the terrorists from areas that used to be their strongholds, for example; Bauchi and Yobe States respectively.

In 2018, Nigerian farmers - Herder menace plagued Nigeria. Clashes between farmers and herders swept across the North-western part of the country with Benue bearing the most casualties. These clashes left thousands of people, men, women and children lying dead on the streets and in shallow graves. This gave rise to the increasing number of Internally Displaced Camps (IDP) camps within the country as people had to flee their homes for the safety of their lives and that of their families.

These cases of insecurity have significantly impacted on the upcoming election as many people that fled from their residences are yet to return even with the successes that have been recorded by the Nigerian military on the fight against terror. The exercise of electoral rights is usually linked to the

46 The Punch: “TWO DEAD, SEVERAL INJURED AT APAC RALLY IN OYO STATE”. Available at: www.facebook.com/206270189411151/posts/2216432305061586/ 47 Magaji Isa Hunkuyi: “TWO FEARED DEAD AT BUHARI’S RALLY IN JALINGO”. Available at: www.dailytrust.com.ng/two-feared-dead-at-buharis-rally- in-jalingo.html 48 Fanen Ihyongo: BREAKING: FIVE KILLED, GOV’S CONVOY ATTACKED AT BUHARI’S RALLY”. Available at: thenationonlineng.net/breaking-five-killed- govs-convoy-attacked-at-buharis-rally/ 49 saharareporters.com/2019/02/09/fct-minister-narrowly-escapes-death-apc-pdp-supporters-clash-abuja. 50 The Cable: “NINE SLUMP AT ATIKU’S KANO RALLY”. Available at: www.thecable.ng/breaking-nine-slump-at-atikus-kano-rally. 51 Kunle Sanni: “PRESIDENCY CONFIRMS EIGHT DEATHS IN BUHARI’S TARABA RALLY”. Available at: www.premiumtimesng.com/news/headlines/311640-presidency-confirms-eight-deaths-in-buhris-taraba-rally.html 52 Augustine Ehikioya: BUHARI MOURNS DECEASED APC SUPPORTERS IN PORT HARCOURT”. Available at: thenationonlineng.net/buhari-mourns- deceased-apc-supporters-in-port-harcourt/ 53 Wikipedia: “BOKO HARAM INSURGENCY”. Available at: https://en.wikipedia.org/wiki/Boko_Haram_insurgency 54 Wikipedia: “BOKO HARAM UPRISING”. Available at: https://en.wikipedia.org/wiki/2009_Boko_Haram_uprising

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place of residence. Displacement, which by definition entails a temporary or permanent loss of home makes it difficult for the internally displaced to register and vote. In some cases, they may even be required to return to their areas of origin, which often remain unsafe. Registering to vote in the area of displacement may be difficult. Lack of documentation is one of the most common challenges encountered by IDPs in trying to exercise their election-related rights. Identity documents, which are often needed in order to register and vote, are frequently lost, destroyed or confiscated during displacement. The implication of this is that so many people may not be able to vote as they will not be close to or around the polling units where they registered as voters. This will cause a massive disenfranchisement of a lot of Nigerian eligible voters that have been affected by the insecurity within the nation5556.

The Independent National Electoral Commission (INEC) however seems to have made provisions for voters’ registration and re-registration close to the IDP camps57. These outlets will also be used as polling units during the elections to enable eligible voters to be part of the elections. There will be need to follow up on this to gauge the success of this initiative in the context of enabling IDPs to realise their right to electoral participation.

Although the Boko Haram terrorists is still trying new strategies to cause mayhem with the recent attack on the convoy of the Borno State governor, Alh. Shettima58 and the attack on a military base in Rann 175 kilometres northeast of the Borno state capital and Magumeri, 50 kilometres northwest of Maiduguri,59 the Nigerian Armed Forces is assuring the citizens of the country that they are doing and will continue to do all their best to ensure that the elections turn out to be peaceful devoid of any security challenges.

3. Political violence :

During the build-up to the general elections and political campaigns, there have been several unconfirmed stories of unlawful killings especially between the members and supporters of the two dominant political parties; the APC and the PDP. Members of both political parties from the South- South part of the country have been allegedly killed in political violence. There have been reports of fights and clashes between aspirants of different political parties and their supporters during campaigns that left many supporters with serious injuries and loss of lives.

On the eve of the postponed presidential and national assembly elections that were supposed to hold simultaneously on Saturday the 16th of February, 2019, two people were confirmed to have

55Sunday Aborisade, Leke Baiyewu and Success Nwogu: “INSECURITY MAY PREVENT MANY FROM VOTING, SAY SENATORS, PDP”. Available at:https://punchng.com/insecurity-may-prevent-many-from-voting-say-senators-pdp/ 56 Jude Egbas: THIS IS THE STATE BY STATE BREAKDOWN OF TOTAL REGISTERED VOTERS ACROSS NIGERIA”. available at: https://www.pulse.ng/news/politics/this-is-state-by-state-breakdown-of-total-registered-voters-across-nigeria/4nr0720 57 Independent National Electoral Commission (INEC): “FRAMEWORK FOR VOTING BY INTERNALLY DISPLACED PERSONS (IDPs)”. Available at: https://www.inecnigeria.org/wp-content/uploads/2019/02/FRAMEWORK-FOR-IDP-VOTING-.pdf 58 Yunusa Bubu Zanna: “SHETTIMA SAYS ATTACK ON CONVOY ‘AIMED AT ATTRACTING MEDIA ATTENTION’”. Available at: https://yenlive.com/news/index.php/news/1314-shettima-says-attack-on-convoy-aimed-at-attracting-media-attention. 59 Vanguard: “SEVEN KILLED AS BOKO HARAM ATTACKS NIGERIA MILITARY BASE”. Available at: https://www.vanguardngr.com/2019/01/seven-killed- as-boko-haram-attacks-nigeria-military-base/

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been killed and 13 INEC buses transporting election sensitive materials, were burnt by unknown political thugs.60

Without a doubt, such a wave of violence threatens the electoral process and has grievous human rights implications.

4. Fake news:

Hate speeches and fake news have also characterised the build-up to the general elections emanating predominantly from the two dominant parties. Fake news is a type of yellow journalism or propaganda that consists of deliberate disinformation or hoaxes spread via traditional print and broadcast news media or online social media61. Such hate speech/fake news include the claim by the leader of the Indigenous People of Biafra (IPOB) Mazi Nnamdi Kanu that the incumbent President and presidential aspirant of the APC, President Mohammadu Buhari is not a Nigerian but rather one Jubril Aminu Al-Sudani from Sudan that was cloned via plastic surgery to look like the president62. This news was widely accepted by members of IPOB and supported by the opposition party PDP, claiming that they have reasons to believe the story to be true.

Again, Mazi Nnamdi Kanu also claimed that the presidential aspirant of the PDP Alhaji Atiku Abubakar is also not a Nigerian but a Cameroonian63

5. Hate Speech:

Hate speech is speech that attacks a person or a group on the basis of attributes such as race, religion, ethnic origin, national origin, sex, disability, sexual orientation, or gender identity64. Hate speech also emanated from the camp of the ruling All Progressive Congress such as the big threat from the Kaduna State Governor Mallam Nasir El-Rufai on International Observers. It was reported that he threatened that International observers would return to their countries in body bags if they interfered with the electoral process.65 This comment, however, sparked reactions from different quarters of the country including the international community.

6. Death for Ballot Box Snatchers:

President Muhammadu Buhari during an APC caucus meeting within the week after the postponed election made a statement that could qualify as condoning excessive use of force and extrajudicial killing and which could incite violence and cause unnecessary mayhem. In his statement, he said that “for everyone that is planning to snatch ballot boxes during the election should know, that

60 Chioma Onuegbu: “TENSION IN AKWA IBOM OVER ELECTIONS”: available at: https://www.vanguardngr.com/2019/02/tension-in-akwa-ibom-over- elections/ 61 Wikipedia: “FAKE NEWS”. Available at: https://en.wikipedia.org/wiki/Fake_news 62 Chijioke Jannah: “NNAMDI KANU RELEASES ‘6 SCIENTIFIC’ FACTS TO PROVE BUHARI IS REPLACED BY ‘JUBRIL OF SUDAN’ IN ASO ROCK”. Available at: http://dailypost.ng/2018/12/09/nnamdi-kanu-releases-6-scientific-facts-prove-buhari-replaced-jubril-sudan-aso-rock/ 63 Fikayo Olowolagba: “ATIKU IS FROM CAMEROON’ – NNAMDI KANU TELLS GOVT ONLY WAY TO STOP BOYCOTT OF 2019 ELECTION”. Available at: http://dailypost.ng/2019/02/03/atiku-cameroon-nnamdi-kanu-tells-govt-way-stop-boycott-2019-election/ 64 Wikipedia: “HATE SPEECH”. Available at: https://en.wikipedia.org/wiki/Hate_speech 65 The Punch: “RANT HERE: EL-RUFAI’S BODY-BAG COMMENT”. Available at: https://punchng.com/rant-here-el-rufais-body-bag-comment/

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would likely be the last unlawful crime that they will ever commit in their lives again. He said that he had instructed the military to be ruthless in dealing with ballot box snatchers during the elections.”66

This also has sparked a lot of reactions from the Local and International stakeholders, Civil Society Organisations, Lawyers and the Citizenry. The Chairman of the Electoral Commission, however, took a different position on the statement by the president and clarified that all those who are caught in electoral crimes should be punished according to the provisions of the electoral law67.

7. Suspension of the Chief Justice of Nigeria and Political Tension:

The judiciary was also on the spotlight with the suspension of the Chief Justice of Nigeria Chief Justice Walter Onnoghen by President Muhammadu Buhari. The president insisted that the suspension came with the recommendation of the Code of Conduct Tribunal (CCT) but different reactions trailed this action by the president. For Instance, the opposition party, the Nigeria Bar Association and the international community criticised the President’s action as tantamount to abuse of separated powers principles as provided by 1999 constitution as amended.

The PDP in a statement claimed that the suspension of the CJN suggests a foul play by the ruling APC to silence the judicial arm of the government and also to install a Justice that is loyal to the ruling party in the case of electoral petitions. They also suspended their campaign for 72 hours in protest of the suspension of the CJN.68

The Nigeria Bar Association also released a statement questioning the legality of suspension of the CJN by President69. The NBA insisted that only the NJC has the constitutional right to discipline and recommend disciplinary actions for any Judicial Officer in Nigeria.70 However, the presidency argue that the suspension of the CJN is not against the constitution as the CJN has not been remove from his office.

The international community specifically the UK, and the EU have also reacted to the development expressing concern on the mode of the suspension of the CJN especially, the timing of the action, which was only a few weeks to the general elections and interpreted the action from a perspective of political motivation.7172

66 The Cable: “BALLOT BOX SNATCHERS WILL PAY WITH THEIR LIVES, SAYS BUHARI”. Available at: https://www.thecable.ng/ballot-box-snatchers-will- pay-with-their-lives-says-buhari 67 Narudeen Lawal: “JUST IN: INEC CHAIRMAN REACTS TO BUHARI’S COMMENT ON PUNISHEMENT FOR BALLOT BOX SNATCHERS”. Available at: https://www.legit.ng/1222927-just-inec-chairman-reacts-buharis-comment-punishment-ballot-box-snatchers.html 68 Pulseng: “PDP SUSPENDS 2019 CAMPAIGN OVER CJN, ONNOGHEN’S SUSPENSION”. Available at: https://www.pulse.ng/news/local/pdp-suspends- 2019-campaign-over-cjn-onnoghens-suspension/tlrjnvd 69 Pulseng: NBA SAYS ONNOGHEN’S SUSPENSION COUP AGAINST JUDICIARY”. Available at: https://www.pulse.ng/news/local/nba-says-onnoghens- suspension-coup-against-judiciary/50yq02b 70 Ikechukwu Nnochiri: “ONNOGHEN: NJC, NBA, SUMMON EMERGENCYMEETING OVER SUSPENSION”. Available at: https://www.vanguardngr.com/2019/01/just-in-njc-to-hold-emergency-meeting-on-monday-over-onnoghens-suspension/ 71 Akinyemi Akinrujomu: “UK, EU EXPRESS SERIOUS CONCERN OVER REMOVAL OF CJN ONNOGHEN”. Available at: https://www.legit.ng/1218029-uk- eu-express-concern-removal-cjn-onnoghen.html 72 Philip Sunday: “UK SPEAKS ON SUSPENSION OF ONNOGHEN AS CJN”. Available at: https://www.naijanews.com/2019/01/26/uk-speaks-on- suspension-of-onnoghen-as-cjn/

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Conclusion:

Right to vote of Nigerians is sacrosanct. Emerging issues however suggest that Human Rights of Nigerian citizens in the context of elections are under threat. Empirical evidence indicates that the ruling APC and the opposition PDP are mostly the perpetrators. They have been accused of perpetrators of electoral violence with several instances of hate speech and fake news allegedly emanating from their quarters as well as several political clashes between the party members. Accordingly, whether or not an election will be peaceful or beset with violence and attendant human rights infractions is determined by the "big" politicians under the "big" political parties in the Nigerian Political System.

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CHAPTER FIVE: AN ASSESSMENT OF ELECTORAL MANAGEMENT BODY

This chapter will concentrate on how the electoral management system of Nigeria, the Independent National Electoral Commission (INEC) has changed overtime, its challenges and the structures it has on ground to manage the election process.

The origin of Electoral bodies in Nigeria can be traced to the period before Independence when the Electoral Commission of Nigeria (ECN) was established to conduct 1959 elections. The Federal Electoral Commission (FEC), established in 1960 conducted the immediate post-independence federal and regional elections of 1964 and 1965 respectively.

The electoral body was however, dissolved after the military coup of 1966. In 1978, a new Federal Electoral Commission (FEDECO) was constituted by the regime of General Olusegun Obasanjo. FEDECO organized the elections of 1979, which ushered in the Second Republic under the leadership of Alhaji Shehu Shagari. It also conducted the general elections of 1983.

In December 1995, the military government of General Sani Abacha, which earlier dissolved NEC in 1993, established the National Electoral Commission of Nigeria (NECON), which also conducted another set of elections; Local Government councils to National Assembly. These elected institutions were however not inaugurated before the sudden death of General Abacha, on June 1998 aborted the process. In 1998 General Abdulsalam Abubakar’s Administration dissolved NECON and established the Independent National Electoral Commission (INEC).

The body organized all transitional elections that ushered in the 4th republic on May 29 1999. It has today repositioned itself to deliver elections that would sustain Nigeria’s embryonic democracy. As a permanent body, INEC comprises the workforce recruited since 1987 under the defunct National Electoral Commission (NEC). Its presence has been established in all the 36 states, the Federal Capital Territory as well as in the 774 Local Government Areas of Nigeria.73

The mission of INEC is to serve as an independent and effective Election Management Body committed to the conduct of free, fair and credible elections for sustainable democracy in Nigeria.

73 INEC history- INEC Nigeria retrieved online 22/02/2019 https://www.inecnigeria.org/home/inec-history

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The vision of INEC is to be one of the best Election Management Bodies (EMB) in the world that meets the aspirations of the Nigerian people.

The structure of election administration is a crucial component of the democratic project of any state. Whether elections are conducted by an independent body, a ministry of government or by a mixed election administration system, the election management body (EMB) must be perceived as being neutral for the stabilization of a democratic regime. Indeed, this reality is at the centre of liberal democratic theory.

INEC was established by Section 153 of the 1999 Constitution of the federal republic of Nigeria as a corporate body with perpetual succession and may sue and be sued in its corporate name. According to part one (1) of the third schedule of the 1999 constitution of Nigeria, sub section 15, INEC has the power to:

a) Organize, undertake and supervise all elections to the offices of the President and Vice President, the Governor and Deputy Governor of a state and to the membership of the Senate, the House of Representatives and the House of Assembly of each state of the federation. Executive Legislature Judiciary Governmental component (Ministry of interior) Election administration process CSOs/ NGOs Parties and candidates Independent component EMB b) Register political parties in accordance with the provisions of the constitution and act of the National Assembly. c) Monitor the organization and operation of the political parties, including their finances. d) Arrange for the annual examination and auditing of the funds and account of political parties and publish a report on such examination and audit for public information. e) Arrange and conduct the registration of persons qualified to note and prepare, maintain and revise the register of voters for the purpose of any election under the constitution. f) Monitor political campaigns and provide rules and regulations which shall govern the political parties. g. Ensure that all electoral commissioners, electoral and returning officers take the oath of office prescribed by law. g) Delegate any of its powers to any resident electoral commissioners

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Carryout such other functions as may be conferred upon it by an act of the National Assembly (1999 Constitution of Nigeria). In addition to the functions assigned by the 1999 Constitution, the INEC establishment acts of 1998 gives the commission the power to:

a. Conduct voter and civic education

b. Promote knowledge of sound democratic electoral processes; and

c. Conduct any referendum required to be conducted pursuant to the provision of the 1999 constitution or any other law or act of the National Assembly.

Sections 197 – 205 of the Constitution also provide for the establishment of State Independent Electoral Commission (SIEC) for each state of the federation. INEC has its Headquarters in Abuja, with offices in the capital cities of the thirty-six (36) States, including the Federal Capital Territory (FCT) as well as in the 774 Local Government Areas in the country. According to section 14, Part 1 of the Third Schedule of the 1999 Constitution, INEC shall comprise the following members:- A Chairman, who shall be the Chief Executive officer; and - Twelve other members to be known as National Electoral Commissioners. Section 14 also stipulates that the Chairman and the National Electoral Commissioner shall be persons of unquestionable integrity; and shall not be less than 50 years and 40 years old respectively. The Constitution also provides for the appointment of a Resident Electoral Commissioner for each State of the Federation and the Federal Capital Territory Abuja. At the apex of the organizational structure of INEC is the Chairman who serves as the Chief Executive Officer of the Commission; who together with the 12 National Electoral Commissioners constitutes the policy-making organ. Until the introduction of the 2006 electoral act, the Nigerian President had the power to appoint someone from the ranks of Federal Permanent Secretaries to serve as the Secretary to the Commission. Such an individual is also usually the Accounting Officer and Head of the Secretariat. The Commission, at the National Headquarters, functions through Departments and Directorates. In June 2005 a key institution within INEC-The Electoral Institute (TEI) was established for the purpose of the following objectives: 1. Facilitate capacity building and professionalism in the commission through training and manpower development of the commission’s staff. 2. Engage in vigorous voter education activities with a view to achieving an increased and effective participation of the electorate in the electoral process. 3. Carry out electoral research and documentation (Igbani 2006: 56).

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It is important to note that the performance of the Commission is not dependent solely on the formal structure as provided in the legal framework; but also on the organizational processes, which are not directly provided in the legal framework. These processes are influenced by the decisions and actions of individuals who operate within and without the organizational structure of the Commission and as Mozaffar and Schedler (2002) note, institutions of electoral governance are socially, and institutionally embedded, hence their operational effectiveness and political outcomes are shaped by historical and contextual factors. They also maintain that the capacity of electoral governance to obtain electoral credibility is dependent on its capacity to meet and balance the trade-offs involved in the three imperatives of: administrative efficiency, political neutrality, and public accountability.

No doubt, the goal of any election management institution is to ensure the realization of the will of the people in terms of making their votes count; in ensuring that the outcome of election results reflects the wishes and aspirations of the electorate. Unfortunately, this has not been the case in Nigeria. Ibrahim and Garuba (2010) quoted Ken Nnamani, Nigeria’s former Senate President as commenting: “The problem we have had in Nigeria is that every succeeding election is worse than the previous one. That does not show growth, it does not show that our democracy is being deepened, talk less of thriving.”74 Corroborating this fact, Luqman (2009:59) notes: “The history of elections in Nigeria’s efforts at democratization has been a checkered one. Since independence, electoral conduct in the nation’s democratization efforts has been an exercise in futility. This is due to the fact, that conduct of elections in the nation’s political history has been marred by fraudulent practices, corruption, and violence. It is therefore, little surprise that past efforts at democratization have collapsed on the altar of perverted elections and electoral process. So bad was the situation, that election period has come to be associated with violence and politically motivated crises.75

74Problems of Election in Nigeria Uwhejevwe-Togbolo Samuel, Movement for Youth Actualisation International (MYAI) retrieved online 23/03/2019 http://www.gamji.com/article6000/NEWS7205.htm

75Adeyemi, L.O. (2012) “The Challenges of Democratic Governance in Nigeria” International Journal of Business and Social Sciences. 3(5):200-207

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All of these past elections were marked with controversies, just as their processes and end products encountered credibility and legitimacy crises. Obviously, all of these account for the lack of appropriate policy formulation and effective implementation that are needed for the improvement of the standard of living of the people and development of the country as a whole. The net effect is that the ordinary citizens seem to have gradually lost hope in the systems that replaced the military regime, while the rulers and supposed representatives of the people—who live in opulence that does not conform to the current economic realities in the country—seem less bothered.

According to Oronsaye (2008:80) It is instructive to mention that the four civilian government - organized elections, that is, 1964, 1983, 2003, 2007 elections – suffered credibility problems resulting from the perception of the electorate that the elections were not free and fair and therefore, not credible, which is not any different from the last two elections too. They accused the different electoral commissions - FEDECO, NEC, NECON and INEC, respectively of being partisan and pandering to the whims and machinations of the government in power.7677

Existing literature on elections in Nigeria have focused on structural and legal explanations of the inability of INEC to conduct free and fair elections. They highlight the commission’s lack of autonomy as an explanation for its failure to conduct credible elections and recommend the adoption of a purely independent institutional model for election management through electoral reforms. The underlying argument is that removing the power of appointment of the commission, and its financial control from the President (through legal amendments) will insulate it from political manipulations and guarantee its independence.78 INEC should make it a civic duty to announce the actual result, in the past election there is a lot of interference in the process of announcing the election result hence there is a lot of cases laying down in the election tribunal, the masses are watching how the cases in the various states will be conducted.

76Oronsaye, A.O. (2008),”The Nigerian Electoral Process and the Imperatives for Constitutional Synergy”. The Constitution, Journal of ConstitutionalDevelopment, Vol. 8, No2. Lagos: Centre for Constitutionalism and Demilitarization.

77Problems of Election in Nigeria Uwhejevwe-Togbolo Samuel, Movement for Youth Actualisation International (MYAI) retrieved online 23/03/2019 http://www.gamji.com/article6000/NEWS7205.htm

78Luqman, S. (2009), “Electoral Institution and the Management of the Democratic Process.The Nigeria Experience”, Journal of Social Sciences, 21(1).

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CHAPTER SIX:THE IMPACT OF VOTE TRADING

This chapter seeks to consider the range and forms of incentives and conditions politicians give to electorates to influence their vote for a particular party or candidate.

One of the pillars that support every democracy is elections. Elections seem to have become major factor in the stabilization and democratization of emerging democracies. It forms an important pillar that places the power to govern with the people,However, in Nigeria, the quality of elections still show a discrepancy widely as elections have been plagued with problems such as ballot fraud, intimidation, multiple voting, low voter education, snatching of ballot boxes, violence, giving out of electoral incentives or buying of votes and others79.

Ideally, in a democracy, seeking electoral support is expected to be an open debate of reasoned arguments about why specific political candidates are most competent for election to office (Heywood, 2007) Candidates are supposed to compete for popular support by presenting programs of public good to stake out competitive positions by persuading the voter at the centre of the political spectrum (Nichter, 2008).80 Electorates then elect the candidate whose policy and programmes most directly reflect their own set of preference.

Due to the juicy nature of Nigerian elective positions, elections are very competitive, and politicians thus deploy various measures to win including violence, intimidation, manipulation and rigging (Cletus, 2017).81 Where these strategies are not convincing enough to win, they deploy ‘carrots’– vote buying is commonly conceived as offering rewards especially money in exchange for vote choices (e.g. Lehoucq 2007; Ojo, 2008;82 Kramon, 2016)83 but it is sometimes mistaken for turnout buying which refers to offering incentives for people to turnout on election day (Nichter, 2008).

79Ajisebiyawo, A. S. (2016). Credible elections and establishment and maintenance ofdemocratic order: The Nigerian dimension. Retrieved from http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2797656

80Nichter, S. (2008). Vote buying or turnout buying? Machine politics and the secret ballot. American political science review, 102(1), 19-31.

81Bardhan, P., Mitra, S., Mookherjee, D., & Nath, A. (2015). Resource transfers to local governments: Political manipulation and voting patterns in West Bengal.Retrieved from http://egcenter.economics.yale.edu/sites/default/files/files /Dilip.pdf

82Ojo, E. O. (2008). Vote buying in Nigeria. Money and politics in Nigeria. Abuja: IFES-Nigeria, 109-122.

83Lehoucq, F. E. (2007). “When does a market for votes emerge?” In F. C. Schaffer (ed.), Elections for sale: The causes and consequences of vote buying. 33-45. Boulder,CO: Lynne Rienner Publishers.

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According to (Fredrick Charles and Andrea’s Schedler, 2005) candidates ‘buy’ and citizens/electorates ‘sell “vote, as they buy and sell apples, shoes or television sets”. The act of vote-buying by this view is a contract or perhaps an auction in which voters sell their votes to the highest bidder. Parties and candidates buy vote by offering aterial benefits to voters. Candidates may generally aspire to purchase political support at the ballot box in accordance with the idea of market exchange.

Vote-selling is an open form of bribery that substantially corrupts the Nigerian electoral system (Uchenna-Emezue, 2015).84 In the same vein, corruption impacts the electoral system. Fundamentally, there is a close nexus between political corruption and infrastructure (Ogbuagu, Ubi, & Effiom, 2014). Unbridled political corruption among Nigerian public office holders leads to inadequate provision of roads, water, healthcare, electricity, and other infrastructure (Ajisebiyawo, 2016).

In an interview carried out in one of the articles researched and reviewed for this report, electorates were asked why they engaged in vote selling and their openness to vote selling

The respondents’ replies connote various opinion and perspectives of how they view the issue of vote buying. First, some respondents engaged in selling their votes due to the fact that elected politicians don’t remember them ‘they get elected, they do not remember them’ they opined. Second, some commercialise their votes and see election as season of ‘harvest’, hence they sell theirvotes in order to obtain their share of the harvest .

Thirdly, some believe that vote transaction outside the polling unit do not constitute vote selling or buying ,so they see nothing wrong with that. Fourthly, some believes that political contest is an investment by politicians and their vote is the product, after all the politician once elected will reap the return on their investment, evidence by wealth display. Fifth, Some believe that it is a common phenomena, as ‘everyone does it’ so it is not wrong. Sixth, Some also states that votes are advertised openly and widely.

84Uchenna-Emezue, E. (2015). Regulating the inflationary cost of Nigeria's democracy. Africa Policy Journal, 11, 31

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As reported by Cletus 2018,85 in his paper concerning vote buying in the 2018 governorship election in Ekiti State,Nigeria, the zenith of it is the security operatives’ seeming deliberate inaction in the face of a high level of open vote buying. , The PDP had accused the APC of engaging in “see and buy” implying that the voters had to show the APC operatives (agents) their ballot paper to confirm they had actually voted for the party before being payed. Other alleged cases of malpractices in that election are ballot box snatching and dispersal of PDP supporters at polling units considered PDP strongholds. The level of vote buying in that election has become subject of public discourse generating intense debate far more than before. The reason is obvious. While the incidence of vote buying has steadily increased since 1999; the money paid per vote skyrocketed in the 2018 Ekiti governorship election. In the history of Nigerian elections, the 2007 presidential election which former president Olusegun Obasanjo dubbed a “do or die affair” was the most fraudulent and monetized election. As monetized as the 2007 general elections were, as reported in the press, voters were paid as high as 2000 naira. However, in the just concluded Ekiti election, voters were paid as high as 10000 naira representing 500% increase in the value of a vote in comparison with the value in 2007. An online news media, Pulse, quoted an aggrieved voter as saying “PDP middlemen are distributing N3, 000 instead of N5, 000” (Pulse, 2018) implying that the voter is displeased by the amount the PDP was offering. As a result, the election was like an auction market where the highest bidder buys the good. The view of Mr Sesugh Akume, the National Publicity Secretary of the Abundant Nigeria Renewal Party (ANRP) as quoted in an article by the Premium Times corroborates this view .

The Electoral Act of 2002, 2006 and 2010 seem to have positioned the Nigerian democracy on the right path by enhancing the legal structure to check financial malpractices regarding elections. Nevertheless, the Electoral Act has some potential gaps that need to be addressed (Matenga, 2016).

Various forms of vote buying

Vote buying appears in different forms in Nigeria, It may take the form of direct payments to voters. Other forms may include offering of employment before elections, giving out of gifts,

85Cletus, F. N. (2015). Nigerian Presidential Election: Which Factors Drive Voter Turnout the Most. J Pol Sci Pub Aff, 5(284), 2332-0761

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provision of social infrastructure to communities on the “last minute” and conditional promises to individuals upon the election of a candidate.

Kramon (2009)86 is of the view that political parties employ certain strategies to buy the votes of electorates. The strategies may focus on demobilizing active opponents or on mobilizing passive supporters. The former is often described as “negative” vote buying or “abstention buying”, while the latter may be considered as “participation buying.” These strategies may be intended towards discouraging electorates from casting their votes or ensuring a high turnout . In any case, the determinants of how the parties choose among the strategies when offering electoral incentives or buying votes remain uncertain . .

During the distribution of these ‘goodies’ or ‘freebies,’ political parties and politicians target or consider two specific issues. One of the two major factors considered in buying votes is the type of voter one is . Cox and McCubbins (1986) identify three types of voters : core supporters, swing voters and opposition backers. Consequently, in every electoral system, these three major groups of voters can be identified and they form the persons that are targeted during vote buying.87 Schaffer & Schedler (2005) identify the second factor as they assert that, vote trading propositions may target either electoral choices or electoral participation. They may be intended to persuade individuals to vote in certain ways, or to vote or not to vote in the first place.88

Khemani (2015) found that there is a connection between vote-buying and poor delivery of public services. Although Bardhan, Mitra, Mookherjee, and Nath (2015) concluded that good public services ordinarily increase voter support.

Observation overtime indicates that vote-sellers’ feel justified because vote-selling is perceived as a product of disappointment, lack of trust and voters’ apathy, and desire to accept their own share of “national cake,” . These findings are consistent with Bandura’s proposition that people create the society and equally react to environmental factors.

86Kramon, E. (2009). Vote-buying and political behaviour: Estimating and explaining vote buying’s effect on turnout in Kenya. Working Paper Number 114, Afro Barometer

87Cox, G., & McCubbins, M. D. (1986). Electoral politics as a redistributive game. Journal of Politics, 48, 370-389.

88Schaffer, F. C., & Schedler, A. (2005). What is vote buying? The limits of the market model. Paper presented at the Conference of Poverty, Democracy and Clientelism: The Political Economy of Vote Buying, Stanford University

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The Nigerian democracy has progressed to a reasonable extent regarding curtailing election rigging since 2011; however, vote buying remains a bane to the progress being made.Cletus Famous Nwankwo after the Ekiti state elections concluded that the implication of the manifestation of vote buying is adverse . This is more so in the just concluded 2019 elections as t it will undermine political legitimacy and make a mockery of Nigerian democracy. More so, vote-buying will create a fundamental problem of unaccountability and irresponsibility as the voters will not have the moral ground to demand good governance from politicians. It will also affect the credibility of the elections.

Vote buying increases the cost of elections for candidates and parties and may preclude dependable aspirants from contesting for political office (Matenga, 2016). It generates disparagement among voters, with a sense of alienation from a tarnished system that nosedives democratic principles (Matenga, 2016). Consequently, there is a need to scale up measures aimed at dealing with this unfolding electoral menace. The need to deter, prevent, and punish vote- trading needs not be overemphasised . Indeed , Section 23 of the Electoral Act (2010) prohibits and sanctions the ofence of buying and selling voters cards as follows :

Any person who -

(b) sells or attempts to sell or offers to sell any voter's card whether issued in the name of any voter or not; or

(c) buys or offers to buy any voters’ card whether on his own behalf or on behalf of any other person, commits an offence and shall be liable, on conviction, to a fine not exceeding N500,000 or imprisonment not exceeding two years or both.

Effective implementation of the law is therefore imperative Unless people who commit electoral offences are brought to book, electoral impunity will thrive.

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Ovwasa (2013) noted that, money politics and vote buying have taken the centre stage in our political activities.89 This is because parties and candidates have shown by their conducts during political campaigns, that good party manifestoes and integrity of candidates jostling for public offices are no longer sufficient to guarantee electoral success; hence they resort to Vote-buying. On the other hand, the electorates too have obviously demonstrated cynical electoral behavior by the readiness to sell their votes to the highest bidder. This uncharitable behavior or practice constitutes a blemish on the electoral process. In fact, it portends danger to the democratic process of electing officers and in turn prevents good Governance. While it may be difficult to eliminate the phenomenon of Money Politics and Vote buying, its negative consequences on the Nigerian Polity should be minimized

89Ovwasa, O. L. (2013). Money Politics and Vote Buying In Nigeria: The Bane of Good Governance.Department of Political Science, Federal University, Lokoja. Nigeria. Afro Asian Journal ofSocial Sciences. Volume 4, No. 4.3 Quarter III 2013

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CHAPTER SEVEN: SECURING ELECTIONS

The matrix between security and election cannot be overemphasised. Security and safety is a precondition for elections. The people’s rights to choose the leaders of their choice can only be expressed in an environment that is safe and secured.

A blanket definition cannot be applied to the concept of safe and secured environment. What is safe or what is considered safe in country A may not be regarded as safe in country B. However, there are some acceptable indicators to evaluate a safe and secure environment.

The United Nations in describing an election that is not ‘fair’ included the existence of ‘state of emergency’ declaration as a major factor. This presupposes that an election cannot take place where the government is dealing with national emergency. There may be serious security situations that make it impossible for electoral body to conduct its business. This situation will be termed as a state of insecurity for elections. The overall essence is to ensure protection of the human rights of voters during elections.

This chapter will explore security situations which the Electoral Management Body has to confront with to conduct elections in Nigeria . It examines the security situation around the 2015 elections in comparison with the 2019 elections. It will highlight the security situation resulting in voter apathy or that which rejuvenates commitment of the people towards realization of the right to vote

Deepening the understanding of security around elections is important to further understand the protection of the ‘voters’ and voting materials. Some scholars submit that ‘the security of a person, identity group, nation, or the world is not only a sacred and strategic value, it is the utmost value’. The scholars came to this conclusion by affirming that unless one can be assured of his physical security or safety is guaranteed , everything else will be meaningless. In linking this to election they reiterate:

“From that broad understanding of security, electoral security, therefore, can be said to imply protection or safety from any form of hitch or impediment that can distort the conduct of credible election within the context of acceptable democratic tradition and culture”90. In deepening this understanding of electoral security and referencing various authors they gave a robust definition of electoral security:

“the process of protecting electoral stakeholders such as voters, candidates, pool workers, media, and observers; electoral information such as vote results, registration data, and campaign materials; electoral facilities such as polling stations and counting centres; and electoral events such as campaign rallies against death, damage, or destruction. The bodies expected to perform this task include security agencies, political parties, INEC, judicial

90 Olusola Mathew Ojo and Adeyemi J Ademowo: Electoral Security and Its Implications for Democratic Consolidation in Nigeria /The International Journal Of Humanities & Social Studies/ Vol 3 Issue 9 September, 2015

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officials, the media, electoral observers and the academia, among others. This implies that electoral security has both coercive and non-coercive dimensions, spanning across the three stages of election process, namely; pre-election period, Election Day and post-election period. As a sensitive element of the democratic process, the peaceful conduct of election is sacrosanct”91.

It has been argued that apart from the Electoral Management Bodies, the statutory responsibility of providing secure environment for elections lies with the government and must be provided at four stages : Institutional, legislative , statutory and structural arrangements that fulfil minimum requirements that are prerequisites for the conduct of democratic elections, ‘so much that politicians and other important actors across party divide and ideological leaning may not see the use of violence and manipulation of the available mechanisms as a means of securing favourable electoral outcome’.

It becomes imperative that “electoral security must address protection from the physical, psychological and structural threats against the electorate and the citizenry at large, without undue consideration for party affiliation, ethnic sentiment, historical antecedent, religious divide, or any other form of social differences. The bottom line is that a political environment that is free from threat to electoral security is determined by ensuring that political parties and their candidates win in the scheme of power without jeopardizing the safety of rivals and the citizenry and without distorting the sanctity of the electoral process”.92

The provision of secured and safe environment remains a precondition for the conduct of successful elections. While the statutory responsibility is vested on government to ensure a secured environment for elections, ironically government officials have been reported to be responsible for breach of safe electoral environment by undue use of their influence or position. Also politicians and their supporters have been implicated at various levels for causing breach of safe electoral environment, as analysis of various electoral cycles in Nigeria indicts politicians as being responsible for electoral violence

2015 Security Situation:

The security Situation in Nigeria preceding the 2015 was a difficult and challenging one. Threat analysis identified hotspots that could mar the management of elections in some states. Some of the factors that contributed to this includes but not limited to terrorism, cultism, political enmity or hostility , ethnic biases, hate speech and targeted killings.

91 Olusola Mathew Ojo and Adeyemi J Ademowo: Electoral Security and Its Implications for Democratic Consolidation in Nigeria /The International Journal Of Humanities & Social Studies/ Vol 3 Issue 9 September, 2015 92 Olusola Mathew Ojo and Adeyemi J Ademowo: Electoral Security and Its Implications for Democratic Consolidation in Nigeria /The International Journal Of Humanities & Social Studies/ Vol 3 Issue 9 September, 2015

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Ifeanyichukwu Agoha , the Coordinator, Independent National Electoral Commission (INEC) Electoral Risk Management Unit described the security challenges of INEC in his paper ‘Security Risks in the Electoral Process in Nigeria: Experiences and challenges’. He argued that :

“Security is indispensable to the conduct of free, fair and credible elections. From the provision of basic security to voters at political party rallies and campaigns to ensuring that result forms are protected, the whole electoral process is circumscribed by security considerations. In view of the scale of general elections, the number of people involved, election materials that need to be moved, difficulty of the terrain to be traversed, as well as the physical locations that need to be protected, such an operation is complex”. He further concluded that “It represents logistics and planning challenge that require a wide range of stakeholders, processes, locations, and issues in time and space”93

In the Risk Pre-preparedness Framework of INEC, the Election Support Centre , otherwise known as Situation Room is at the core of the risk framework. The ICCES Unit that does the security planning and implementation provides required information to the situation room. The Election Observers, Security Agencies and Political Parties also feed information into the situation room. The EVMAT BASED that is responsible for knowledge and training and the ERMT which is responsible for monitoring and reporting also play significant roles. In further explaining the achievement and benefit of this risk management framework, Agoha affirms as follows :

93 SECURITY RISKS IN THE ELECTORAL PROCESS IN NIGERIA: EXPEREINCES AND CHALLENGES A PAPER PRESENTED AT THE ELECTORAL RISK MANAGEMENT CONFERENCE AT RADISSON BLU HOTEL, ADDIS ABABA, ETHIOPIA FROM DECEMBER 01 – 03, 2015 By Ifeanyichukwu Agoha Coordinator, INEC ERM Unit, Nigeria

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“We have come a long way since the April 2011 General Elections. In many important respects, we have been addressing election security challenges in a more coordinated fashion than has been the case before as indicated in the continuing improvements in the security arrangements in the various re-run elections across the country from the Kogi (December, 2011) to the Kebbi (March, 2012) Governorship Elections. Paradoxically, some of the security challenges we have been addressing seem to be recurring. A major challenge we face is on how to prevent re-occurrence of addressed issues. Another challenge is how to balance the imperative of securing the electoral process with the need to allow voters unfettered opportunity to come out and cast their votes without fear or intimidation as a result of the presence of security personnel”94.

In 2015, preparation for the election in Nigeria was negatively affected by insurgency caused by Boko Haram.. A large part of the North East , specifically 17 local governments were allegedly under the control of Boko Haram95. The Nigerian , government , seemed to have no control over the situation Notwithstanding the fact that many citizens lived in these areas. In addition to the loss of control of these local governments, the impact of the insurgency and attacks was also felt in the entire North Eastern states and some other parts of the country as terrorist attacks by these Boko Haram groups were not limited to these local governments. Hence, it was not only impossible to conduct elections in the occupied territories , but it was also impracticable for the elections to hold in the adjacent areas. In the 2019 elections, despite the liberation from Boko haram, the fear of their attacks was real. This restricted INEC to conduct election only in three communities in Madagali Local Government.96

The Bokom Haram crises have led to the creation of many Internally Displaced Persons (IDP) camps, with additional and attendant problems. People in the camps need to get their records / voters registration materials in order to exercise their right to vote. These IDP camps also need to be secured and safe as there have been many incidents of targeted attacks as well as bomb blast in the camps97.

The impact of threat or violence and fear of Boko Haram cannot be more obvious than in 2015 election. Despite the preparedness of INEC, few weeks to the elections, the government decided through the Council of State meeting and decision of the Service Chiefs that they could not guarantee security in the North East because of Boko Haram98.

The Council of State therefore , in agreement with INEC decided to postpone the election for six weeks. These six weeks gave the military the time needed to liberate some of the local government under Boko haram controlDespite the liberation, the security situation in these liberated local

94 'LAI OLURODE (Ed): ELECTION SECURITY IN NIGERIA: MATTERS ARISING (Inec/Friedrich Ebert Stiftung) Abuja, 3013 95 Mustapha Buhari: “17 LOCAL GOVERNMENT AREAS IN BORNO STILL UNDER BOKO HARAM, REPS DISCOVER”. Available at: https://dailynigerian.com/17-local-government-areas-in-borno-still-under-boko-haram-reps-discover/

96 This Day: “BOKO HARAM: ELECTIONS’LL BE RESTRICTED TO THREE CENTRES IN MADAGALI, SAYS INEC”. Available at: https://www.thisdaylive.com/index.php/2019/02/01/boko-haram-electionsll-be-restricted-to-three-centres-in-madagali-says-inec/ 97 The Defence Post: “NIGERIA: BOKO HARAM ATTACKS ON BORNO STATE VILLAGES AND IDP CAMP KILL AT LEAST 12”. Available at: https://thedefensepost.com/2018/11/01/nigeria-boko-haram-attacks-dalori-bulaburin-kofa/

98 Pulseng: “INEC POSTPONES NIGERIA 2015 GENERAL ELECTIONS FOR 6 WEEKS”. Available at: https://www.pulse.ng/news/politics/breaking-news- inec-postpones-nigeria-2015-general-elections-for-6-weeks/c3kh3m5

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government areas were still fragile that the election could not be conducted there during the 2015 general election . .

Beyond terrorism, there were other security challenges. For example politicians turned Rivers state to a war zone rather than an election ground. 97 people were allegedly killed during the two elections in Rivers state in 201599 .

These 2015 experience is expected to arm INEC with the needed experience to secure the 2019 elections. The INEC Security architecture suggests that there is a Security Committee that comprises members from Security Services and the Police.

The Gains of the new government from 2015 onwards in dealing with Boko Haram was an advantage for the Electoral Management Body . As preparation for the 2019 elections progressed , there was not a case of any local government under Boko haram control . However the IDPs camps still exists and Boko Haram attacks is still on-going . For example ,the convoy of the Governor of Borno state was attacked by Boko haram/ISWAP , there was also the attacks in Baga that made the town unsafe for elections.

Unfolding events in Nigeria show that the 2019 elections was faced with an additional security challenge of heardmen attacks and conflicts as affected areas became unsafe for conduct of elections. For example the Centre for Democracy and Development (CDD) reported that ‘since the escalation of violence in January 2018, an estimated 300,000 people have fled their homes, particularly in Adamawa, Benue, Nasarawa, Plateau and Taraba states’. CDD added that “In January 2018, a total of 17 attacks were recorded in Benue State alone, with 108 deaths. Across the country, April has been considered one of the deadliest months with 54 attacks resulting in 409 deaths. CDD further warned that some prevailing insecurity indicators already at play in the nation’s polity stood as potential threats to the peaceful conduct of the 2019 general elections which is scheduled to hold in February100.

In the 2019 elections, the presidential directive to the military to deal 'ruthlessly ' with ballot box snatchers raised so much concerns. This statement attracted various criticism and created a situation which could lead to apathy. However, the President’s directive was applauded in some quarters based on the fact that the president was using the military to protect the votes and mandate of the people. other critics argue that his directives contrary to the rule of law and may create trigger happy security officers to resort to extra judicial killings. While the ruling party further argue that using violence to snatch ballot boxes is an act to change the mandate and decision of the majority that voted through unconstitutional means and that dying from such activities may be in tandem with various criminal laws, the opposition argues that the electoral

99 COMMISSION OF INQUIRY TO INVESTIGATE POLITICALLY MOTIVATED KILLINGS AND DAMAGE TO PROPERTY BEFORE, DURING AND AFTER THE 2015 GENERAL ELECTIONS IN RIVERS STATE FINAL REPORT MAY 21, 2015

100 Joshua Oluwole: “BOKO HARAM, HERDSMEN VIOLENCE, OTHERS TO DETERMINE OUTCOME OF 2019 ELECTIONS – REPORT”. Available at: https://www.premiumtimesng.com/news/headlines/298083-boko-haram-herdsmen-violence-others-to-determine-outcome-of-2019-elections- report.html

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acts have specific punishment for those that committed this offence which is 42 months imprisonment , not death sentence.

The threat analysis in 2019 elections identified more battle grounds that show red flags for the election management. In the view of INEC, however, the threat analysis has been taken care of in there security preparedness . in fact people had confidence in INEC who echoed consistently 'we are ready' until the election was postponed on the eve of the presidential and national assembly elections.

Cases of terrorist attacks and electoral violence weeks before the election was common . For example, attacks on governor convoy and campaign violence were all witnessed before the Election Day101.

However , these were dealt with quickly by the security forces , the presidential election was graced with some security problems, including the attacks on the military in Akuku Toru local government in Rivers state, inter party clashes , stray bullets, cultists attacks, destruction of election materials violently, all contributed to the death toll and injuries. This heightened human rights violation and abuse statistics recorded. , it has been claimed that about 35 people were killed during the Presidential election102.

The Gubernatorial and State House of Assembly election of 9th of March has been reported to be more violence than the presidential. It was further reported that the elections in the South South was greatly militarised, especially in Rivers and Akwa Ibom States. Militiristion of election is a violation of rights votes as depicted by various United Nations standards on human rights and elections. For instance:

According to the United Nations Code of Conduct for law enforcement officers (art. 2);

“law enforcement officials shall respect and protect human dignity , maintain and uphold the human rights of all persons”103.

The UN has stated that;

“police agencies that do not respect fundamental human rights have the potential to create an intimidating atmosphere that will inhibit the electorate and subvert the genuineness of the election outcome”104.

The UN further stated that any;

101 The Punch: “FOUR KILLED AS BOKO HARAM ATTACKS GOVERNOR’S CONVOY IN BORNO”. Available at: https://punchng.com/boko-haram-attacks- governors-convoy-in-borno/ 102 Conrad Duncan: “NGERIA ELECTION: AS MANY AS 35 PEOPLE KILLED AS VIOLENCE AND POLL CENTRE DELAYS UNDERMINE VOTE”. Available at: https://www.independent.co.uk/news/world/africa/nigeria-presidential-election-death-toll-violence-latest-lagos-buhari-abubakar-a8794591.html

103Ohchr.org. (2018). OHCHR | Code of Conduct for Law Enforcement Officials. [online] Available at: https://www.ohchr.org/EN/ProfessionalInterest/Pages/LawEnforcementOfficials.aspx [Accessed 29 Jun. 2018]. 104Ohchr.org. (2018). OHCHR | Code of Conduct for Law Enforcement Officials. [online] Available at: https://www.ohchr.org/EN/ProfessionalInterest/Pages/LawEnforcementOfficials.aspx [Accessed 29 Jun. 2018].

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“police presence at places of polling should be discreet, professional and disciplined. Police and security personnel should be posted in the minimum number necessary to ensure security in a given location. They should never be positioned in such a way that will impede legitimate access, intimidate voters or discourage them from participating”105.

The Military should be at the back-end of electoral security and only act when the situation gets out of hand and invited by the police. We should be concerned that by virtue of training the soldiers are trained to kill and their engagement will most likely lead to death. The military should not be leading or play central role in electoral security106.

The Supreme Court also held that citizens in exercising their right to vote the State is obligated to ensure that “citizens who are sovereign can exercise their franchise freely, unmolested and undisturbed107”.

In securing elections, the court held the view that election is a civic duties and should not be militirised , but led and mnaged by civilian authorities. The court reiterated its views that “in spite of the non-tolerant nature and behaviour of our political class in this country, we should, by all means, try to keep armed personnel of whatever status or nature from being part and parcel of our election process. The civilian authorities should be left to conduct and carry out fully the electoral processes at all levels”108.

In another appealcourt judgement the court held that the Police should lead the security of elections “It is up to the police to protect our nascent democracy and not the military, otherwise the democracy might be wittingly or unwittingly militarized”109.

This Police leadership to secure elections was demonstrated some states in 2019 General Elections, especially in Kano State. there are Media reports that the Commissioner of Police , Kano Command Mohammed Wakili was exemplary during the Gubernatorial Election as he resisted efforts to be unduly influenced by politicians110.

Conclusion

Exploring the two election cycles , 2015 and 2019, it is trite to state that security management for elections has deteriorated and a challenge to electoral security Security management in elections ought to progress to a point where no one dies in the context of elections in Nigeria.

This is the desired end.

105Ohchr.org. (2018). OHCHR | Code of Conduct for Law Enforcement Officials. [online] Available at: https://www.ohchr.org/EN/ProfessionalInterest/Pages/LawEnforcementOfficials.aspx [Accessed 29 Jun. 2018]. 106See the Court of Appeal in the case of ALL PROGRESSIVES CONGRESS v PEOPLES DEMOCRATIC PARTY & ORS CA/EK/EPT/GOV/1/2015 delivered on Monday, the 16th day of February, 2015 107 In upholding the judgment of the lower court, the Supreme Court stated in Buhari v Obasanjo (2005) 50 WRN 1 at 313 108 the case of Buhari v Obasanjo (2005) 1 WRN 1 at 200 109The leading judgment of the Court of Appeal in Yussuf v Obasanjo (2005) 18 NWLR (Pt ) 110 https://qwenu.com/2019/03/14/opinion-why-kano-state-commissioner-of-police-mohammed-wakili-should-be-commended-and-celebrated/

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CHAPTER EIGHT: THE JUDICIARY AND ELECTIONS

The Judiciary is the third arm of Government. It has responsibility to apply the laws to specific cases and settles all disputes. The Judiciary derives its power from the Nigerian constitution of 1999 as amended (CFRN). Judicial pronouncements are part of the sources of law in Nigeria.

From the citizens’ point of view, the judiciary is an important organ of the Government because it acts as their protector against possible excesses of the Legislative Arm and the Executive organ.

This chapter will consider the role of the judiciary generally; we will explore the international standard as well as national provisions for the Judiciary.

Role of Judiciary as guardian or proprietor of the constitution and fundamental rights of the people makes is significant as the last arbiter for the people. The Independence of Judiciary is a cardinal principle of the theory of Separation of Powers. The three arms of Government must not be consolidated in one arm; and as such, the judiciary is the organ of government vested with the power to interpret the law and enforce the rights of the citizenry.

The Judiciary remains an organ of government that is valued by the people because of its critical functions. Such functions include but not limited to : the Dispenser of Justice, Protector of the rights of the people, Guardian and protector of the constitution of the state, , Safeguard against legislature and executive excesses, Check against arbitrary exercise of powers by the power holders and Guardian of the rule of law and justice.

The adjudicatory powers and functions of the Judiciary are set out in Section 6(1) and (2) of the 1999 Constitution as follows:

“6 (1) The Judicial Powers of the Federation shall be vested in the Courts to which this section relates, being Courts established for the Federation;

(2) The Judicial Powers of a State shall be vested in the Courts to which this section relates, being Courts established, subject as provided by this Constitution, for a State

Our Courts are established to dispense justice in accordance with the law and to exercise its powers and discretion, within the confines of the law.

The Nigeria Constitution recognises the courts as either Federal or State Courts. But the appointment of judges based on the recommendation of the National Judicial Council as provided under the Laws.

Nigeria has four tiers of courts apart from which are not regular courts but by creation of an Act. The tiers are:

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1. Supreme Court of Nigeria: It is the highest Court in Nigeria. It has appellate jurisdiction and it is the final Court in the Country. It has original Jurisdiction in State Vs State; and State Vs Federal Government cases. The head of the Court is called Chief Justice of Nigeria. He is the Chairman of the National Judicial Commission. 2. The Court of Appeal: The next highest Court is the Court of Appeal. It has multiple divisions in the various part of the Country. The head of the Court is called the president of the Court of Appeal. It has appellate jurisdiction and original jurisdiction for Presidential and vice presidential Election Petitions. 3. The Third tier Courts: are [1] the federal high Courts and state high courts including high Courts in the Federal Capital City.[2] The Customary Court of Appeal of a State/FCT and [3] the sharia Courts of Appeal of a State/FCT. 4. The lowest Courts in the Country are all state Courts[there is no Federal Courts in this group]:They include [1] Magistrate Court that handles the English law cases;[2] the Customary Courts that handle customary cases [3] Sharia Courts that handle sharia law cases. The judgment from these Courts can be appealed to the third tier courts.

OTHER COURTS: ELECTION TRIBUNAL.

There are two [2] types of Tribunal:

a. National Assembly Election Tribunal which deals with petition from the Senate and House of Representatives Elections and; b. Governorship and legislative Election Tribunal that deal with Gubernatorial and State House of Assembly Elections.

Election Tribunals are set up by the President of Court of Appeal in consultation with the Chief judge of High Court of states ,President of Customary Court of Appeal of States and or Grand Khadis of Shariah Courts of Appeal of the States.

CODE OF CONDUCT TRIBUNAL.

The code of Conduct Tribunal is established under the Code of Conduct Bureau and Tribunal Act Cap C15 LFN 2004. The Tribunal deals with complaint of violations of the Act by Public Servants. The appeal from the tribunal is handle by the Court of Appeal.

It is imperative to the attainment of the constitutional basis for establishment of the judiciary, that our Judicial Officers are of unimpeachable pedigree and unquestionable character, and are committed to upholding the rule of law and the principles of justice, equity and good conscience. This is the only way our judiciary can fulfil its role in our democracy.111

The independence of Judiciary to any democratic Government and society is an essential element of the justice sector. The judiciary remains an essential part of any Government, without the independence of the judiciary, the government leans towards authoritative Government in which

111https://www.pressreader.com/

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“absolute power corrupts absolutely”. Some authors believe that the independence of Judiciary “is a corner stone of every democratic Government and upon which the structure of civil society is built.112

The Judiciary and the Elections:

The judiciary is the principal national body charged with the protection of the rule of law, both during and between election periods. In addition, it provides another layer for people to express their complaints and objection to the electoral process. It provides the avenue for redress. In line with this important role of the judiciary, it is necessary to guarantee a judiciary that is totally unconstrained by any partisan influence or control. To do this certain basic international principles should be adhered to, this includes but not limited to:

a) Judicial independence must be guaranteed in the Constitution or other law of the country; b) Judicial impartiality must be guaranteed without any restrictions, c) improper influences, inducements, pressures, threats or interferences, direct or indirect; d) The judiciary must have exclusive authority to to adjudicate; e) Judicial decisions shall not be subject to revision except through appropriate/appellate judicial process

The judiciary must ensure that judicial proceedings are conducted fairly and that the rights of the parties are respected . States are required to provide adequate resources to enable proper functioning of the judiciary.113 These principles provide a safety mechanism to ensure that the rule of law, rather than any politician or external body, controls the conduct of elections. A judiciary, functioning under these principles, serves both the important role of peaceful dispute resolution and that of protecting the process from bias or fraud. For example; After the 1979 Presidential elections, Chief Obafemi Awolowo challenged the return of Alhaji Shehu Shagari as President of Nigeria. This was the first major challenge of the 1979 Constitution of the Federal Republic of Nigeria, [CFRN 1979]. The Supreme Court was essentially called upon to resolve the mathematical question of 2/3rd of 19 states. The Supreme Court in AWOLOWO vs SHAGARI 1979 ALL NLR 130 @ 141 resolved the issue as follows:

That being the case, the Federal Military Government must be deemed to know that two-thirds of 19 states will be 12 2/3 States. If the number thirteen which is the number nearest to two-thirds of a State had been intended, the Federal Military Government would have said so in clear terms.

The judiciary in resolving this complex mathematical issue, helped to ensure the smooth take off of 1979 democratic journey114.

In the case of AMAECHI v INEC [2008] 5 NWLR [PT.1080] 227 the Supreme Court resolved the issue of the wrongful substitution of candidates of Political Parties during elections. The Court held that Rotimi Amaechi was wrongly substituted with Celestine Omehia by the Peoples Democratic Party

112K.K Ghai: “JUDICIARY: FUNCTIONS, IMPORTANCE AND AN ESEENTIAL QUALITY OF JUDICIARY”. Available at: www.yourarticlelibrary.com/essay/law- essay/judiciary-functions-importance-and-an-essential-quality-of-judiciary/40352 113Centre for Human Rights Geneva: “ HUMAN RIGHTS AND ELECTIONS”. Available at: http://www.burmalibrary.org/docs08/UN- Election_handbook.pdf 114https://www.pressreader.com/

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[PDP], and that in the eyes of the law, Rotimi Amaechi was at all times the legal candidate of PDP at the elections, and proceeded to declare him as Governor of Rivers State115.

Thus, the judicial role, complements and does not replace the function of independent electoral bodies116.

Some of the Elections in Nigeria are decided by the Courts and this shows that the importance of the judiciary cannot be overemphasized in an electoral process in Nigeria. It is noteworthy that from the different political party primary elections to the general elections, Courts have been called upon to resolve most of the disputes that arose among contestants in different elections or during political party nominations . Indeed, legitimacy questions have trailed various political office holders in Nigeria since Independence, partly because judges and lawyers, rather than by the people to whom popular sovereignty belongs, have traditionally settled claims to political power. This has become somewhat of a tradition of the Presidential system of government in Nigeria, leading to what has been described as “Democracy by Court Order”117

In build up to the Nigeria 2019 General Election, a lot of cases emanated from the primaries or nominations of these various political parties. For Example; in Ogun State, the People Democratic Party [PDP] primary election on gubernatorial seat was disputed by major contestants. The two contestants were elected by two parallel primary elections conducted by the two parallel executives of the party. This led to an action instituted in Court by Senator Buruji Kashamu to declare him to be the lawful candidate of the party for the seat118. There were different appeals by Adebutu, the other factional candidate on the case that moved from the High Court in Ibadan119 to the Appeal court in Abuja120. However, INEC complied with the first judgement declaring Senator Buruji Kashamu as the gubernatorial candidate of PDP and including his name on their list as there seemed to be no conflicting judgement on the matter so far121.

There were several other cases that were declared by the court in favour of some political parties and their supporters , to the displeasure of some others. Some of these cases include the ruling by the Supreme Court of Nigeria confirming/endorsing the order by the Rivers State high court disqualifying the All Progressive Congress (APC) from fielding any candidate at all the elections at the state level.122

115https://www.pressreader.com/ 116Centre for Human Rights Geneva: “ HUMAN RIGHTS AND ELECTIONS”. Available at: http://www.burmalibrary.org/docs08/UN- Election_handbook.pdf 117An independent Study of 2015 General Elections Cases for Evidence of Gross Violations of the Rights to Participate in Government, Public Service and to Fair Trial p.14 118Musa Odoshimokhe: “WHO IS OGIN PDP GOVERNORSHIP CANDIDATE”. Vailable at: http://thenationonlineng.net/ogun-pdp-governorship- candidate/ 119http://thenationonlineng.net/ogun-pdp-governorship-candidate/ 120Chijioke Jannah: “ADEBUTU VS KASHAMU: COURT FIXES RULING DATE ON OGUN PDP GOVERNORSHIP TICKET TUSSLE”. Available at: http://dailypost.ng/2018/12/13/adebutu-vs-kashamu-court-fixes-ruling-date-ogun-pdp-governorship-ticket-tussle/ 121The Cable: “INEC DECLARES KASHAMU PDP GUBER CANDIDATE FOR OGUN”. Available at: https://www.thecable.ng/inec-declares-kashamu-pdp- guber-candidate-in-ogun 122AIT: “RIVERS APC CONGRESS: SUPREME COURT SETS ASIDE COURT’S DECISION”. Available at: http://aitonline.tv/post- rivers_apc_congress__supreme_court_sets_aside_appeal_court___s_decision

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A similar case also happened in Zamfara with the APC and the court ruling against the party fielding candidates in the state elections. The case was appealed in court and the appeal court ruled in favour of the All Progressive Congress allowing them to field candidates.123

Again, in some weeks leading to swearing in of judges to serve as members of Election Petition tribunals, the Chief Justice of Nigeria was arraigned before Code of Conduct Tribunal. The arraignment was based on petition received by the Code of Conduct Bureau alleging that the CJN Honourable Justice Walter Onnoggen was in breach of the provisions of the Code of Conduct Act. It was alleged that he failed to disclose his foreign Account with huge sum in foreign currency. While the proceeding was ongoing, Federal Government of Nigeria, through its Counsel obtained an interim injunction to suspend the CJN and suspended him124 This singular act of the Government led to several arguments and controversies in the Nation. It has been argued that the Federal Government of Nigeria erred and that the action was illegal on the basis that the procedure laid down in section 292 of the 1999 Constitution (as amended) was not complied with.125 The international community also reacted to the suspension of the CJN raising concerns about the timing of the suspension and the message it may be passing as a lot of people including the Nigerian Bar Association and some other political parties especially the opposition PDP have suggested that the action is a political move by the incumbent to intimidate the judiciary . They also expressed concern over the possible heating up of the polity by the action of the president.126 However, there were some others who applauded the action of the president in suspending the Chief Justice stating that the Chief Justice of Nigeria is a public servant and subject to the Code of Conduct Act. This has also questioned to a large extent the credibility of the Judicial arm of government in Nigeria. Some have argued that if the number one judicial officer in Nigeria could be accused of corruption cases, then what is the hope of the nation and what future lies ahead of the nation. the case is still pending in Courts as the CJN has been summoned by the Code of Conduct Tribunal to come and defend the allegations against him.

At the end of the 2019 presidential election, the opposition candidate of the PDP has challenged the election result and has gone to court to seek justice for what he termed as ‘stolen mandate’. The significant role of the courts in electoral process is manifest, without which electoral disputes may descend to violence and anarchy with attendants human rights violations and abuses.

Conclusion:

These incidents go a long way to show the impact the judiciary can have on an electoral process and its role realising justice. . Judicial officers should ensure that they sustain the trust placed on

123John Chuks Azu: “ZAMFARA APC: COURT OF APPEALS LIFTS COURT ORDER ON CANDIDATES’ LIST”. Available at: https://www.dailytrust.com.ng/zamfara-apc-court-of-appeals-lifts-court-order-on-candidates-list.html 124Sani Tukur: BUHARI SUSPENDS ONNOGHEN, SWEARS IN NEW CHIEF JUSTICE OF NIGERIA”. available at: https://www.premiumtimesng.com/news/headlines/307949-buhari-suspends-onnoghen-swears-in-new-chief-justice-of-nigeria.html 125Oladimeji Ramon: “AGBAKOBA SUES AGF OVER ONNOGHEN’S SUSPENSION”. Available at: https://punchng.com/just-in-agbakoba-sues-agf-over- onnoghens-suspension/ 126BBC News: “NIGERIAN CHIEF JUSTICE’S SUSPENSION RAISES INTERNATIONAL CONCERNS”. Available at: https://www.bbc.com/news/world-africa- 47015698

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them by the constitution and the Nigeria people. Judicial officers should maintains its integrity in carrying out their responsibilities.

The judiciary needs to improve measures to ensure accountability for the violation of electoral laws or complicity in crimes during elections in Nigeria. This is important in order not to undermine franchise and legal remedy or entitlements that are entrenched in Nigerian statutes . Unless the judiciary is unequivocal in just administration of justice , credibility of elections will be compromised as the most acceptable means of conferring legitimacy to those who govern. Additionally, it will diminish the credibility of the judiciary and legal process. This will result in a clear “loss of confidence in justice administration” relating to elections as opined by The Investigation Panel on 2011 Election Violence – The Lemu Report (2012). 127

The lack of lawful remedies for electoral violations and manipulations will result in unrelenting impunity. It is therefore imperative to check this trend.

127An independent Study of 2015 General Elections Cases for Evidence of Gross Violations of the Rights to Participate in Government, Public Service and to Fair Trial , p7

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CHAPTER NINE: SOCIAL MEDIA AND ELECTIONS

Social media is the collective of online communications channels dedicated to community based input, interaction, content-sharing and collaboration. Websites and applications dedicated to forums, micro blogging, social networking, social bookmarkingand wikis are among the different types of social media. Some prominent examples include WhatsApp, Facebook, and Twitter, which provide the opportunity for users to develop their own accounts by uploading and downloading materials from those applications. According to Marshall McLuhan, a popular communication expert, “the world would become a global village when men (and women) will navigate the world in few minutes”. The social media connects people from all parts of the world by eradicating time and space. Physical presence is no barrier in communication.

No one doubts that the primary function of social media —Facebook, Twitter, WhatsApp, Instagram, Youtube, and so on— is to connect people through interactive computer-mediated platforms so they can share information. In the process, social networks are created, some temporary , others permanent, often for specific purposes.

Notably , the use to which technology is put often depends on the users and the purpose. One of the major uses of social media in recent years is its role as a medium for political process and discourse. All over the world, social media provides platforms for politicians to disseminate information in their bid to persuade or convince supporters and donors. The advantage of social media for them lies in the opportunity of direct communication with supporters, by side-tracking regulated mainstream media such as radio, television, newspapers, and magazines as well as press conferences.128

In the 2017 report of Freedom House titled „Freedom on the net 2017‟ it examined the use of social media in meddling in elections. The report suggests that the primary objectives and the methodology of the social media army differ from countries to countries. The overall aim is to sway elections and shape public opinion; culprits are not limited to the Europeans, Russians and Americans. “The Turkish, Venezuelans, the Philippines, and more than two dozen other countries employed “opinion shapers” that spread government talking points and shut down critics within their own borders”. In the East “online armies” were employed to spread propaganda and shut down sites for at least a decade. Automated systems like bots and algorithms are increasingly creating new ways of disrupting democracy that is harder to track, and yet to be fully understood. They concluded that social media was used to influence elections in at least 18 countries129. Also, civil society organisations continue to advocate against clamping down on social media as the medium is necessary for “free and fair elections.”130

128 Niyi Akinaso: “SOCIAL MEDIA AND 2019 ELECTIONS” available at: https://punchng.com/social-media-and-the-2019-elections/ 129 argaret Rouse: “Social Media”. available at: (https://whatis.techtarget.com/definition/social-media.)assessed (11/06/2018). Nicole Maggio: “The Whole earth as Village”: A Chronotopic Analysis of Marshall Mcluhan’s “Global Village” and Patrick McGoohan’s The Prisoner (October,2008). Available at (https://dr.library.brocku.ca/bitstream/handle/10464/2897/Brock_Maggio_Nicole_2009.pdf?sequence=1). assessed (11/06/2018). ). 130 Jackie Snow(Freedom House): “Freedom on the Net. 2017”. available at: (https://www.technologyreview.com/thedownload/609478/last-year- social-media-was-used-to-influence-elections-in-at-least-18-countries/)assessed (11/06/2018)

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Social media makes it possible for issues raised in mainstream media and on political campaigns to be subjected to discussion and recast or repackaged in new light on social media. Supporters and opponents of particular issues and arguments are then given the opportunity on various social media platforms to participate in unregulated debate from their own private space. As a result, multiple voices are heard that otherwise would have been silent.

The danger of social media, however, lies in this repackaging process and the lack of regulation. Unlike mainstream media, which are regulated by ethical codes of conduct, the law, and the courts, social media are largely unregulated. Most of their practitioners often have no formal training and so lack professional ethics. They are, therefore, free to recast issues to suit their understanding, wishes, and dreams.131

The role of social media towards the successful outcome of the 2015 election cannot be overemphasized. While the social media has serious drawbacks, the positive aspects are phenomenal and contribute immensely to strengthening social networks and speedy delivery of news among the Nigerian population.

It can be recalled that in the build up to the 2015 presidential election, perhaps not really familiar with the clout of the social media, former President, Goodluck Ebele Jonathan, had told Nigerians that ‘’elections are not won on social media’’132. His comment was greeted with outright criticisms by Nigerians who had a broader knowledge of the potentials of the heated social media debates between critics of the then government of the day and its supporters. This was coming few weeks after Jonathan had lost a social media polls conducted by his former new media aide, Reno Omokri, perhaps to test the waters for his principal in his second term ambition. It was clear that the former President was not conscious of the fact that those engaged on political debates on social media are not only voters but also opinion formers and shapers with large followers, such that they could influence the psych of the electorate by a stroke on the keyboard.

On the negative side, social media is a powerful tool which undermines citizens‟ right to privacy” as well as the peace of the state. News, whether fake or otherwise, spread faster and further online, and does not usually stay there. Stories that may initially circulate on social media frequently cross into the offline world. WhatsApps can reach far wider and hard to measure audiences. Information that spread across social media can shape national narratives. Social media provides a platform where citizens both in the country and the diaspora receive and disseminate information quickly.

Ahead of 2019, the election fevers started again as campaigns were on top gear. The focus again shifted to social media, with politicians flocking to Facebook and twitter to market themselves to the electorate with different strategies. While some adopted the ‘critics’ model to point out things they had expected to have been done differently by the incumbent, others were banking on wooing the electorates with campaigns about the developments they believe they have attracted to the people to be returned to power.

131 Niyi Akinaso: “SOCIAL MEDIA AND 2019 ELECTIONS” available at: https://punchng.com/social-media-and-the-2019-elections/ 132 Niran Adedokun: “ELECTIONS ARE NOT WON ON SOCIAL MEDIA”. Available at: http://www.opinionnigeria.com/elections-are-not-won-on-social- media-by-niran-adedokun/#sthash.InjlXopT.dpbs

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The social media has created a shift and future for political marketing such that has left political strategists thinking that social media is the latest powerful electioneering tool.133

In the build up to the 2019 general elections, the social media played a major role in information dissemination, the spread of fake news and hate speech and it was also used for major political campaigning for the political parties. The social media served as a medium for a large majority of the citizens who do not have access to local or the print media because of their job or location (as some are oversees) to quickly be abreast with all the happenings in politics and the elections within the country.

CASES:

Nnamdi Kanu, the leader of the indigenous People of Biafra (IPOB), after his claims on Radio Biafra, that the incumbent president, Muhammadu Buhari is a Sudanese and that the opposition candidate Atiku Abubakar is a Cameroonian, the social media (twitter, facebook and whatsapp) especially were used in the spread of that fake news. Even citizens in diaspora and the international community got aware of such information, thus making the President to respond to the claim. He responded to the claim saying that he was not Jubril but rather the real Muhammadu Buhari when he was addressing Nigerians resident in Krakow, Poland when he attended the COP24 in December 2018134.

Social media played a very vital role during the elections as it was used as a tool to report electoral violence and malpractices. The most popular is the report of thuggery in Okota during the Presidential and National Assembly elections where thugs were captured on camera destroying ballot boxes and setting the ballot papers on fire. Another is the shootout between the army and some hoodlums in Rivers State. All of these incidents circulated the globe in less than 2 hours and it was achieved majorly through whatsapp as people from outside the country started calling in to find out more details about the incidents.

Social media is also a major tool observers use during monitoring election processes. Communication is made easier for these observers through social media as they use WhatsApp platforms to send messages of happenings around them in the different parts of the country to situation rooms.

Social media also helped in the process of accountability during the collation of results. There were incidents where some political parties disagreed with the final result of some wards claiming that the results had been tampered with simply because their various agents in the different polling units, after results had been collated in the different polling units, took pictures of the result sheet and sent the pictures to their state headquarters for accountability purposes. When these results no longer tallied with what was made available to the political parties, they raised alarm calling on

133 Leadership: “SOCIAL MEDIA: THE NEW CAMPAIGN GROUND FOR POLITICIANS”. Available at: https://leadership.ng/2018/09/08/social-media-the- new-campaign-ground-for-politicians-2/ 134 Jude Egbas: “FOUR WAYS BUHARI RESPONDED TO THOSE WHO CALL HIM JUBRIL FROM SUDAN”. Available at: https://www.pulse.ng/news/local/4-ways-buhari-responded-to-those-who-call-him-jubril-from-sudan/xdzekxg

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INEC to cancel such results and insisted that they have both photo and video proof to back their claims of manipulation .

Having established the fact that social media can be used in the spread of fake news, it played out during the general collation of the Presidential result by INEC. Before INEC started their official collation of results, there were already numerous conflicting election results of some states that were “flying around” via the social media. This made INEC to quickly issue a statement that citizens and in fact the entire world should disregard all the results that are on social media but should only take the results as announced by INEC in the collation centre and on their social media handles135.

Apart from all these cases, the social media has helped the Civil Society has helped in improved election monitoring. it has been a useful tool for civil society in sending their incidence report and alert through the WhatsApp medium. Electoral results from polling units have been sent to party headquarters using the social media channel; there are instances where the social media is the only saving grace and channel for victims to call for help.

Conclusion :

Our conclusion remains that the social media has its negative and positive implications for the electoral process.

135 Armstrong Bakam: “2019 ELECTION: STOP CIRCULATING FAKE NEWS, INEC PLEADS”. Available at: https://punchng.com/2019-election-stop- circulating-fake-results-inec-pleads/

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CHAPTER TEN: HUMAN RIGHTS EXPLORATION OF NIGERIA 2019 ELECTIONS

Nigeria Political space has been very complex and challenging so also is her elections. Since the first repulblic the citizens perception to election has is motivated by series of diverse interest from different parts of the country. Etnic based and regional affliations political parties has plague our poltical landscape. In this line allegiance to regional colourisation of parties is far more important than parties ideology and manifestoes. Hence the contest for political hegemony especially in regional space has left mny dead , injured and property destroyed.

This violence poticial space encroached on the human rights of the citizens, in poltical theatre where violence is themeans of communication, human rights vilations and abuses will occur.

Within this web of the difficult electorl process is the cobweb of human rights violations, permeating all aspect of the journey. Any credible democratic process must institute the rule of law and enshrine the protection and promotion of the fundamental human rights for its citizens.

“Assessing election conditions without reference to associated human rights violations undermines the credibility of the monitoring process as much as those human rights violations undermine the credibility of the electoral process.”136

This was significantly deepened in March 2012, the UN’s Human Rights Council adopted a resolution titled “Human rights, democracy and the rule of law,” which reaffirmed that democracy, development and respect for all human rights and fundamental freedoms were interdependent and mutually reinforcing. The Council called upon States [countries] to make continuous efforts to strengthen the rule of law and promote democracy through a wide range of measures. It also requested the OHCHR, in consultation with States, national human rights institutions, civil society, relevant intergovernmental bodies and international organizations, to draft a study on challenges, lessons learned and best practices in securing democracy and the rule of law from a human rights perspective.137

This report focuses on the electoral process and its link to human rights. An electoral process is a structured process changing or renewing the tenure of political leaders. In this process human rights may be at risk, and protecting it becomes essential.

This chapter will explore the human rights cases around election~the background that have been addressed by previous conceptual chapters . It will then examine the various stages of the elections

136Nigeria: Briefing To International Elections Observers (London: Amnesty International, March 2011). 137www.un.org/en/globalissues/democracy/human_rights.shtml.

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and violations recorded. It will examine the systematic patterns of the violations and draw quantitative inferences, and finally conclude by making recommendations.

Analyses Focus and Caveat

This report will focus its research on the following violation of rights:

I. Unlawfull Killings: It generally means that killing occurred without lawful excuse and against criminal law 138. This will be sub divided as follows:

a. Extra Judicial Execution: This relates to killings carried out by security forces or those using their influence in any of the period of the electoral circle. This category includes the public officials and members of the security forces. EJE are regarded as :

“Extrajudicial executions are a violation of [right to life].., designating the deliberate killing of an individual by a State agent (or with his consent) without a previous judgment affording all judicial guarantees, such as a fair and unbiased procedure”139. b. Politically Motivated Killings : this are killings carried out by non-state actors , those who are not representing the state , this may be political parties , members, supporters or sympathizers, but whose motive of the killings is political an the perpetrator gain a political advantage.

c. Politically Related Death: This are death that occur in the course of potical activities , but the intent is not to kill nether does it give any political advantage.

II. Injuries: Any intention to inflict injury and laceration, and other forms of injuries. This can be carried out by both state and non-state actors.

“Anyharmdone to a person by theacts or omissions of another.Injurymayincludephysicalhurt as well as damage to reputation or dignity,loss of a legalright, or breach of contract. If thepartycausingtheinjurywaseitherwilful(intentionallycausingharm) or negligentthenhe/she is responsible(liable)forpayment of damagesfortheharmcaused.Theoretically,potential or continuinginjurymay be prevented by an order of thecourtupon a petitionfor an injunction”140

III. Destruction of Properties: This represent any form of arsons, or any destruction of people properties either belonging to the state or private individuals

Destruction of property is considered a criminal act in which a person intentionally destroys property, whether private or public, for the purpose of vandalism. To destroy property in

138 https://www.dailyrecord.co.uk/news/uk-world-news/what-unlawful-killing-mean-after-7837735 139https://trialinternational.org/topics-post/extrajudicial-executions/ (18/6/2018) 140 https://legal-dictionary.thefreedictionary.com/injury

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the eyes of the law means that it is an intentional act and one that does not occur by natural means141.

Database:

This report based its analysis on the database compilation; pre, during and after voting process of the 2019 General elections. The compilation of the database is a as result of gathering and verififcation of data by HURIDAC. There is also the process of engagement to source data from various stakeholders including the political parties, the police, Civil Soceity and INEC. HURIDAC also engage with various situation rooms, including the Nigeria Civil Soeciety Situation rooms, The Centre for Democracy and Development Election Analysis Centre, Yiaga Africa and the CLEEN Foundation Election security analysis centre. The NHRC also took part in monitoring the elections and had some engagement with UNDP in this regards.

The partnership of HURIDAC and NHRC wrote to some political parties to furnish us with information of violation and abuses against their members or witnessed by their members. Other stakeholders such asNigerian Union of Journalists and Nigerian Bar Association were contacted to share their incident data. Lastly, the partnership also gathered some media reports that relates to some specific cases.

However, the Civil Society Situation room shared their SBM data with us and the Partner for West Africa also shared their database with us.

However, it is important to note that we are unable to get response from the other stakeholders and we thank those who responded.

We adopted a minimalist approach to the data in which it is indicative and representational; it does not represent the big data, it needs more detail research which the partnership is open to. The result of this data analysis will reflect trends within the database not the national trends, however, it does portend a possible representation of the national trends and also show a projection of the national trends, for example if the analysis reflect N number of death, the national trends and projection in terms of death will be N+X= NT. N representing the number we know now, based on our database, X representing the number we will discover later and NT representing the total national trends.

Human Rights Violations VS Human Rights Abuse: The 2019 general election witnessed the commission of both human rights violation and abuses. A human violation occurs when a breach of human rights treaties is committed by state actors or government officials and human rights abuses are breaches of human rights by non-state actors.

There will be two forms of analysis, the first will be the assessment of human violations and abuse in the pre, during and post-election highlighting the patterns of violations.

141 https://www.bing.com/search?q=destruction+of+property&filters=ufn%3a%22property+damage%22+sid%3a%22a5c80a4b-ac6f-328d-130b- 2150e3803dd6%22&form=EDGEAR&qs=MB&cvid=177504f6c2384670a35b0a91a8bc4b7c&cc=GB&setlang=en-GB

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The second will focus on the principal actors, perpetrators, victims, electoral observers, journalists etc

The third will highlight cluster patterns of violations and abuse focusing on group actions such a police, political thugs, soldiers etc.

A. 2019 presidential election: Violence and Violations

Elections on its merit are to ensure a peaceful transfer of powers or renewal of authorities or tenure of office. This process was developed out of the challenging traditional system of survival of the fittest or a process whereby the poor and powerless’ rights are trampled over by the powerful.

It then becomes contradictory or a misnomer for election to go parri passu with violence. Violence has always permeated all aspect of Sierra Leone elections, the contest for political power has become so dangerous that some are ready to die for it and most scary is the fact that some are ready to kill. This orientation must change and the change process will take mountainous efforts for stakeholders to deepen the understanding of the roots causes of violence around elections.

Political violence permeates the 2018 General Election and so do the human rights violations and abuses. This will be divided into three: 1) Pre-election violence, 2) Election day violence and 3) Post-election violence.

B. 2019 Nigeria General Elections

2019 GENERAL Elections: Violence and Violations Elections by its definition seeks to ensure peaceful transfer of power. It becomes contradictory, therefore, for election to be associated with violence. Unfortunately, violence has always permeated all aspect of elections in Nigeria as contest for political power has become so dangerous that some are ready to die while some are ready to kill for it. Human rights violations and abuses, particularly Destruction of Properties, Injuries, Politically related deaths, Politically motivated killings and Extra Judicial Execution featured prominently during the 2019 general elections. This analysis of violence during the 2019 election is divided into three:  Pre-election  Election day  Post-election

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National Elections: Presidential and National Assembly Pre-election violence: This represents the period of a few months before up until a few days to the Election Day. Though it is difficult to set a bracket of when pre-election violence starts, it definitely ends on the eve of election. For the 2019 presidential election, we started the documentation of some of the major electoral violence occurring from 1st of January 2019 to 22nd of February 2019, which was all represented in our database. Electoral violence is defined as: “any random or organized act to intimidate, physically harm, blackmail, or abuse a political stakeholder in seeking to determine, delay, or to otherwise influence an electoral process,” and includes “threats, verbal intimidation, hate speech, disinformation, physical assault, forced ‘protection’, blackmail, destruction of property, or assassination.”142 Election violence can rise to mass atrocities, including crimes against humanity, which are international crimes. Election violence is also a crime under Nigerian law. It violates the rights to life, safety and security of the person and to democratic participation, all recognized and guaranteed under Nigerian law. Above all, it also subverts the voluntary exercise of democratic will of the people.143 According to the data we gathered, one hundred and forty-four (144) lives were lost, fifty-four (54) people were injured and one hundred and eighteen (118) properties were destroyed to various forms of violence. Number of Deaths: Five (5) lives were lost as a result of Extra Judicial Execution. In Ondo, one (1) life was lost when a police man shot an okada rider, and another two lives were lost in Ejemekwuru in Oguta, gunned down by the governor security forces in Imo, when the governor went for his senatorial campaign in the local giovernment. Thirty five (35) people lost their lives through Politically Motivated Killings; Three in Kwara, One in Bayelsa in an APc campaign, Five (5) in Borno as Boko Haram attacked the convoy of the Borno state governor, Ten in Delta, One in Benue , Two in Akwa-Ibom, Four in Imo State, Five in Kano as APC and PDP supporters clashed on the eve of the presidential election and One in Enugu State.

142 Jeff Fischer, “Electoral Conflict and Violence: A Strategy for Study and Prevention”, IFES white paper (2002), p.1. 143 A Pre-Election Report and Advisory on Violence in Nigeria’s 2015 General Elections issued by the National Human Rights Commission of Nigeria February 13, 2015.

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One Hundred and Four (104) lives were lost to Politically Related incidents. Two people lost their lives on their to a campaign in Jos, Plateau, twenty (20) people lost their lives in Ekiti as a trailer carry bags of rice for campaign veered off the road and killed them. Eight (8) people lost their lives through a stampede at the Jolly Nyame Stadium, Taraba during a political campaign. Four (4) were also reported dead in Port Harcourt stadium in Rivers during an APC campaign. Sixty-Six (66) lives were lost in Kajuru, Kaduna State on the eve of the postponed presidential election, while 4 lives were lost in a week in Bichi and Rano local government areas as Kano state governor flagged off his re-election campaign. Destruction of Properties: Fifty (50) exotic cars were destroyed in Kwara state as PDP accused the APC of attacking Senator Saraki’s family. Thirty (30) vehicles belonging to APC members were destroyed during an attack on their campaign in Ode Alfa Nla in Illorin. Five (5) vehicles branded with the pictures of Gov Ifeanyi Ugwuanyi of Enugu state were set ablaze in Enugu; while PDP and APC engaged in a violent clash that left several vehicles burnt beyond recognition. Hoodlums also attacked the campaign convoy of APC in FCT setting atleast nine (9) cars ablaze. There was a fire outbreak in INEC office in Plateau. This was said to have been caused by a drunk security man. Also thirty (13) vehicles engaged to convey election materials from INEC headquarters in Uyo to Nto Edino, the headquarters of Obot-Akara Local Government Area office of the Commission for the conduct of Presidential and National Assembly elections were attacked and burnt with all election materials they were conveying. In Imo State, more than 15 cars were destroyed by hoodlums while political thugs went on rampage destroying property worth several millions of naira in some parts of Ilorin. Penultimate Saturday, some youths in Okuta, Baruten local government area of Kwara State pelted the campaign train of the PDP damaging windscreen and glasses of two cars. Injuries: Eleven (11) persons were injured at the family residence of the Senate President, Sen. Bukola Saraki as PDP accuse APC for the attack. An APC member was also attacked with a machete on his head during a campaign in Ogun State.

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In Umuahia, Abia State, there were sporadic gunshots and teargas as Abia governoship debate ends in chaos. Some people were feared to have sustained several degrees of injury. Several persons are said to have been injured in Ogun State as APM and APC supporters engage in a bloody clash. PDP and APC supporters also engaged in a violent clash that left many injured in the FCT. At Moshood Abiola International Stadium, Abeokuta, there was a face-off between suspected thugs of APM and APC as the both parties arrived at the venue and a lot of people were left injured. In Lagos, one person was said to have been stabbed during the flag off of APC governorship campaign in Lagos. Over 20 people were injured as suspected political thugs loyal to both the APC and PDP clashed in Effurun, Uvwie local government area of Delta state penultimate Sunday. Election Day: The violence on Election Day and during the eve of the election is of serious concerns. The violence took various shapes and forms, from extra-judicial killings, injuries, arsons, arbitrary arrests, destruction of properties, snatching of ballot boxes, harassment of journalists, etc. During the presidential election, about twenty-six (26) lives were lost and five (5) people were injured to various forms of violence. Number of Deaths: There were four (19) extra judicial executions as a PDP agent was shot dead by a soldier in Akuku- Torun local government area in Rivers state. Fifteen (15) people were killed in a fresh attack in Akuku-Torun local government during the presidential elections. Bayelsa Government House Photographer and one other person were shot dead. They were said to have been shot dead by the military while they were in their houses, waiting for the counting of votes to commence in their Ward. Another voter was also reported to have been killed through a stray bullet by a Police officer in Kogi State. In Bayelsa, one was reportedly killed as thugs hijack ballot boxes. In Rivers, Unknown gunmen reportedly killed an APC chieftain and his brother in Rivers state. Suspected thugs killed a voter at Ajetachi polling unit in Anyigba, Dekina local government area of Kogi state. In another incident, APC Ward Chairman of Yandoton Daji in Tsafe Local Government Area of Zamfara State, Alhaji Yusuf Yahaya, has been killed by unidentified gunmen.“He was killed along with another supporter of the party.Two persons were killed after a clash between the Peoples Democratic Party (PDP) and All Progressives Congress (APC) in Amagu ward one, Ikwo local

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government area of Ebonyi state. A teenager identified simply as Monsuru was also shot dead at a polling unit in Ibadan, Oyo state. Monsuru was reportedly killed by a notorious gang called One Million Boys at Polling Unit 2 of Ibadan South east local government. Injuries: Maiduguri was under attack by Boko Haram on election day as seven explosions occurred within ten minutes. A lot of people were recorded injured. An APC women leader, Former commissioner escapes death, while husband loses fingers to attackers in Ekiti state. A woman was also said to have been stabbed in Akarabata ward 1 Units 1- 12 Osun state after a fight broke out. In another incident which happened at Okota, Demola an alleged OPC member was attacked by angry voters after he was involved in snatching and burning of ballot boxes in the area. State Elections: Gubernatorial and State Houses of Assembly Pre-Election: According to the data we gathered, one life was lost, two people were injured and thirty seven properties were destroyed. Number of Death: Soldiers invaded the house of Ateke Tom, shot into walls and ransaked the house in Rivers. They killed one staff that works for Ateke Tom. Injuries: Clash between different version of APC left 2 injured at Ijanikin in Lagos state. Destruction of Properties: In Akwa Ibom, Card readers and ballot boxes were destroyed when the INEC office caught fire. The incident happened at Ibisikpo Asuntan local government. In Lagos, there was clash between different fraction of APC. No fewer than 35 vehicles were vandalized and shops were looted while they blocked the expressway for several hours. Election Day The March 9th, 2019, Gubernatorial and State House of Assembly elections had its own share of pre-election, election day, and post-election violence. It was a bit of a challenge to draw a line on when the post-election violence of the presidential election stopped and pre-election violence for the gubernatorial election started.

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Number of Death: However, apart from pockets of inter-party conflicts in some states, twenty two (22) lives were lost, one reported case of injury and 16 properties were destroyed on election day. Three people were feared killed by the soldiers in the early hours at Ahoada West in Rivers state. A PDP agent was also shot dead in Eziama Nkwere LGA of Imo state by hoodlums. The incident was confirmed by the Police PRO in the state Godson Ikeokwu. In Ikot Udo Ossiom Village, Ukanafun council of Akwa Ibom a soldier monitoring the election shot dead a young man that wanted to cart away the ballot box at a polling unit. Also an election observer was been shot dead at the home of Ayaogu Eze, the gubernatorial candidate of the All Progressive Congress (APC) in Umuonu-Umuida, Enugu-Ezike, Enugu state. Four persons were allegedly shot by a yet- to- be identified vigilante at the Immaculate Heart Primary School polling unit, Ekwulobia, Aguata local government area of Anambra state. Again violence generally marred the state Assembly election in Kogi state as two people were feared dead. A young man, Micheal Abedinigo, from Upatabo, was stabbed to death in Akinima, the headquarters of Ahoada West Local Government Area of Rivers State by thugs hired by a top politician from the area, to rig the governorship and House of Assembly elections. In Oyo, a member of the House of Representatives representing Akinyele/Lagelu Federal Constituency of Oyo State, Hon Olatoye Temitope Sugar, was shot dead. In another incident, a party agent of the Peoples Democratic Party (PDP) was shot dead in Eziama Obire in Nkwere LGA Imo state. Pastor Emilia Nteh another former council chairperson was murdered In Rivers State, allegedly murdered. A Police officer, Mannir Usman, and an NSSCDC were also shot dead by a group of political thugs in Dan Musa Local Government Area (LGA) of Katsina State. Injuries: Eight (8) APC members were reportedly injured in a clash which occurred in ward 9, unit 007, Nsit Atail LG in Akwa Ibom. Thugs in Mushin area of Lagos also reportedly beat up an ad-hoc staff of the Independent Electoral Commission. The staff, who is a member of the National Youths Service Corps, was said to have rejected offers by the thugs seeking that he should compromise the election.

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On the eve of the elections, a total of 44 policemen deployed for various election duties sustained various degrees of injuries in a motor accident along Gwagwalada area of the Federal Capital Territory. A member of the National Youth Service Corp (NYSC), Ikuomola Adeleke, on election duty sustained injury in Itire during a fight with a commercial bus driver recruited by the Independent National Electoral Commission (INEC) to move election materials to polling units. The incident occurred in Itire area of Lagos. The driver, Salaudeen hit the corps member in the nose during an argument. Also the ward chairman of one of the rival political parties in Oleh Ward 1, Isoko South Local Government Area , Delta State, Mr. Vincent Egbogbo was reportedly stabbed by suspected political thugs. Destruction of Properties: INEC electoral materials were set on fire by hoodlums at Mbalom ward,Gwer East LG of Benue state. Also in Ezza North LG of Ebonyi state, thugs set INEC office on fire and carted away with some electoral materials. Desmond was attacked by thugs when he refused to give them money .his car windscreen was broken but he escaped. Also electoral materials for the House of Assembly elections were set ablaze at Usagbe Primary School, Ogbido in Etsako West Local Government Area of Edo State. Several houses and cars were razed including the home of a former Commissioner for Youths and Sport, Anthony Kpuke; the house was said to have been touched in Ganaja village via Lokoja. In Cross River State, electoral materials for the governorship and state assembly elections were hijacked in four local government areas, the Independent National Electoral Commission (INEC) confirmed. The office of the Independent National Electoral Commission, INEC, in Nkpat-Enin local council of Akwa Ibom State, was on Saturday night hit by Improvised Explosive Device (IED). Also in Imo state, the office of the Independent National Electoral Commission (INEC) in Ngor Okpuala local government area of Imo state was set on fire. Suspected hoodlums were said to have invaded the place while electoral officials were collating results of the governorship and state assembly elections.

Post-Election Violence Post-election violence was recorded in Taraba and Ogun States with about 8 lives lost and 57 injuries.

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CHAPTER ELEVEN DATA ANALYSIS AND INTERPRETATION

Database available at: http:Huridac.org/publications.html

A. HUMAN RIGHTS VIOLATIONS VS ABUSES

The database shows only 16% human rights violations this were violence committed by the security forces , while majority of the violence 84% were allegly committed by non state actors mostly politicians their supporters and thugs and unknown hoodlums.

B. TYPES OF VIOLENCE

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This shows that Destruction of properties specifically, houses , INEC offices, INEC materials , cars etc constitutes highest level of violence followed by numbers of people injured and peopled killed by securities forces were the least.

C. TOTAL ELECTORAL DEATH IN 2015, 2019 IN NIGERIA AND SIERRA LEONE 2018

A comparative analysis of total death with our records for 2015 Nigeria Election and 2018 Sierra Leone Election, though Sierra Leone may have a smaller population to Nigeria , but comparing 176 death to 6 irrespective of population differences is not excusable.

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D. SECURITY FORCES AS PERPETRATORS VS VICTIMS

Our database shows that security forces were victims in just 10% of cases , while they were allegedly perpetrators in 90% of cases involving them. About 3 of them , Police, Soldier and civil defence officer lost their lives , but they were accused of allegly killing 28 people in the entire 2019 elections.

E. PRE-PRESIDENTIAL ELECTION : VICTIMS AND DOP

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In the pre-presidential election period , destruction of properties ranked higher than other victms in which political remated death is the highest.

F. PRESIDENTIAL ELECTION DAY : VICTIMS AND DOP

We recorded 0% destruction of property and politically related death on presidential election day , but killing carried out by allegedly by security forces ranked highest.

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G. Victims and DOP Pre –Governorship Election

In Pre-Election for the Governorship election, Destruction of properties is the highest

H. VICTIM AND DOP ON GOVERNORSHIP ELECTION DAY

In the governorship election day violence, injuries ranked highest with 56%, but 88% in the post Governorship election.

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I. VICTIMS AND DOP ON POST GOVERNORSHIP ELECTION DAY

J. Political Parties as victims

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In analysing political parties as victims of violence , APC members were more victims than PDP members

K. Alleged Perpetrators

Others which are unknown, unnamed perpetrators were highest ,followed by APC and then PDP Thugs, other parties such as APM and AA were also named.

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L. STATE CATEGORISATION I. Total Number of Incident by States

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PRE-ELECTION PRESIDENTIAL BY CATEGORIES

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ELECTION DAY PRESIDENTIAL BY CATEGORY

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ELECTION DAY GOVERNORSHIP

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CHAPTER TWELVE: RECOMMENDATIONS

A. Strengthening Institutions

1. That the security agencies and the international community should be more proactive in dealing with issues of hate speech capable of inciting violence and causing mayhem in the society. 2. That politicians should be encouraged to play a peaceful, free and fair politics and that election shouldn't be a do or die affair as no one’s political that his political ambition is not worth the blood of any Nigerian". 3. That security agency should pay more attention to the protection of INEC officials , Observers, Human Rights Defenders and election sensitive materials during the process of elections. 4. That political party will have a critical look on how their political rallies are conducted during elections to avoid the number of deaths in their gatherings. 5. The security apparatus in the country should be improved to avoid displacement of citizens from the homes and local governments which will, in turn, have an impact on the elections. 6. Pronouncement of government officials should conform to the electoral act and the rule of law. 7. Ensuring electoral accountability and justice is essential. Electoral Justice is not limited to fairness and freeness of elections. It goes beyond that and includes accountability, compestion and Remedy for all victims and survivors crimes committed during electoral process. It also include bringing to justice those who commit crimes during elections or who engage in electoral infractions. Unless these persons are arrested, prosecuted and punished, impunity will thrive in elections. It is therefore imperative for the machinery to be strengthened to bring perpetrators of crime or electoral infraction to justice. 8. Improve on the present security architecture in protecting elections 9. Grassroots involvement and local intelligent gathering in security around election should be strengthened

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10. Government, INEC, Civil Society and donors should start investing in human rights and anti- violence training and capacity building for political parties 11. Militirisation of elections should be discourage

B. Strengthening electoral process

1. The Electoral Act 2010 should be reviewed to provide additional rules especially increase on maximum campaign spending limit to provide a flexible room for the legal backing of campaign expenditure and also to meet the reality of the nature of Nigerian money politics and current inflationary trend;

2. INEC and policymakers should ensure that the use of card reader was constituted into law for any election and it must be followed, and they should be made effective to avoid disappointment during the election period, and collation of results should also be done electronically;

3. All those caught in the act of bribery and corruption or diverting national resources for illegal campaign spending must be severely punished to deter others in future from doing the same;

4. Laws should be made to denote that any party or contestant caught breaking electoral regulations should be prosecuted and punished.

5. The civil societies and international donors should roles in observing elelctions should be straighten beyond being armed with pen and paper.

6. The government must guarantee the security of lives and properties across the country to make the next election safer and credible

7. Electoral and other institutional reforms should be review and strengthened

8. Anti-corruption agencies need to collaborate with banks and other financial institutions to monitor the movement of cash during elections

9. Also essential is a culture of democratic citizenship that begins with a citizenry that is ready to insist on credible and transparent elections.

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10. Democratically elected leaders should ensure good governance, and improve the conditions of the ordinary people.

11. Vote- trading should be made less attractive by providing tangible deliverables in governance that will make electorates less vulnerable to inducement.

12. Thus, there is less need for voter education than for a system of incentives and capabilities that will allow ordinary people to resist these misguided efforts to appropriate their votes

13. Government and other stakeholders should develop or review how to use incentives , fines and other methods to ensure high voters turn out

13. The Government should establish a National Commission on Electoral Offences with the responsibility of investigating and charging electoral offenders to court.

14. Enforcement of the existing electoral regulations on party finances including campaign programmes should be implemented

C. Oversight roles

1. That there should be no interference by the executive arm of the government over the judiciary and to respect the independency of the judicial arm of government as stated in the constitution. 2. That the courts and judicial officers should be strengthened to function more effectively to deliver its mandate and within the shortest period of time as not to prolong justice in electoral cases. 3. There is need for additional research to discover creative and technical ways to reduce the negativity of the social media, while increasing the positive contribution of social media to the electoral process. 4. Human Rights should be given priority attention during the conduct of all elections in Nigeria. 5. That "rights to vote" should be strengthen in the electoral architecture 6. That election observers and monitors be equipped with human rights instruments to carry out their responsibilities within Human Rights Standards. 7. The National Human Rights Commission should follow up with all human rights violations and abuses cases that emanates during the elections.

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CHAPTER THIRTEEN: CONCLUSION

The Human Rights Advancement, Development and Advocacy Centre (HURIDAC), a regional organisation and The National Human Rights Commission, the only Human Right Institution in Nigeria came together because of the conviction that human rights accountability needs to be advocated to sanitise our elections in Nigeria.

The linkage between election and human rights is age long. Legitimate government is founded on the effective exercise of the right to participation in governance. Section 14(2)(a) of Nigeria’s 1999 Constitution provides that “sovereignty belongs to the people of Nigeria from whom government through this Constitution derives all its powers and authority.” This is replicated in the Universal Declaration of Human Rights and the African Charter on Human and Peoples Rights . The credibility of all institutions of government depends ultimately on the systems of accountability. Political accountability is founded on the electoral system by which the people exercise their right periodically to renew the mandate of or change their government and its priorities as they deem appropriate . Yet, in Nigeria’s post-independent history, legitimacy questions routinely trail many political office holders, largely because their claims to political power are beset with controversy and credibility concerns.

The need to ensure Human Rights Acountability during elections therefore becomes imperative in order to to sanitize electoral cycles. . Accordingly , The Human Rights Advancement, Development and Advocacy Centre (HURIDAC), a regional organisation and National Human Rights Commission of Nigeria , in partnership, embarked on this initiative of Human Rights Assessment of the 2019 General Elections in Nigeria.

In most cases, electoral offences and human rights violations in the course of elections are considered as part of statistics of electoral results. Once results are declared and the winner sworn in, all offences are swept under the carpet and considered as casualties of electoral conflicts, just to re-surface in the next electoral circle . We cannot continue to accumulate victims of elections as if they are victims of war because election is not war. Unless the trend is reversed, sustainable development will be hampered and impunity will continue to flourish.

The observation of the 2019 elections is an aspiration towards this model to sanitise our electoral process. HURIDAC and NHRC worked with other Civil Society Organisations and Elections Situation Rooms in observing the elections in 2019 in Nigeria.

This report is the result of the ElectionObservation and Monitoring by the two institutions. This report depends on a small verifiable database that can project the national trends leaving the door open to more extensive research.

We aim to have a report that will serve the purpose of Nigerian and non Nigerian reader, the report can be a blue print with countries facing similar situations.

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We aim to have a report that provides a conceptual background that helps in deepening understanding on the issue of human rights and elections. This report explores international standards and expectations vis-à-vis the local and practical patterns and challenges.

The report goes beyond documenting human rights violations and abuses in just narratives, but also deploys the tools of data analysIs to reveal the significant results and interpretations of such data.

This report achieves all these aims. The limitation of this report however stems from not having access to large data, as some institutional data were inaccessible. . NHRC and HURIDAC , nonetheless, are grateful to Nigeria Civil Society Situation rooms, Centre for Democracy and Development (CDD) Transitional Monitoring group, Patner for West Africa Cleen Foudation and Yiaga Africa among others for providing platform for interaction, access to their data/ Information in the course of this project . These data and other data gathered by our observers in the field were verified to form the database used for this report.

The report is divided into five strands. The first strand sets the tone for the entire report and provides information for the political development of Nigeria. The second strand explores some relevant institutions to the electoral process, INEC, Security Agencies and the Judiciary . The third strand focuses on specific issues on the elections such as emerging issues, elections management , social media and human rights violations / abuses. The forth strand is the incidents report , data analysis and interpretation. The fifth is the specific recommendations for the electoral process, electoral institutions and oversight bodies.

The data analysis and interpretation as well as findings affirm that voting period represents the highest period for political violence during the 2019 elections in Nigeria . Inflicting injuries , unlawful killings and destruction of properties are some of the human rights issues and crimes prevalent in this election. Perpetrators are across board but is recorded to be high between the ruling All Progressive Congress (APC) and the opposition People’s Democratic Party (PDP).

The report also provides specific recommendations on strengthening the electoral process, building institutions and reinforcing oversight roles. These recommendations include but not limited to : developing a culture of peace for elections, redressing electoral violence and prosecuting alleged perpetrators , conducting anti violence and human rights training for Political Parties and Electoral Reform to ensure total independence of the Electoral Management Body through legislation .

The report also raises some calls for immediate actions such as,

a. call on government to set up a judicial or public commission of enquiry to investigate the political violence and other issues around the elections, b. implementation of the recommendations of past Election Reform Commissions c. establishment of a Complaint Mechanism for victims or their family on atrocities committed against them during the elections and

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d. the National Human Rights Commission to set up a Public Inquiry process to further investigate all cases of human rights violations and abuses during the elections with the aim of bringing perpetrators to justice and redress for victims.

This report is a process towards more robust electoral projects that the partnership between HURIDAC and NHRC intends to undertake. It is envisaged that the link between human rights and elections which this report underscores will shape future interventions in order to improve electoral processes and outcomes and especially to improve human rights standards in the context of elections in Nigeria.

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About the Organisations:

HURIDAC

The Human Rights Advancement, Development and Advocacy Centre (HURIDAC) is an African-based regional Non-Governmental Organization (NGO), registered in Nigeria, its mandate are to:

 To promote, protect and ensure respect for human rights, democracy and development.  To build the capacity and knowledge base of civil society, government institutions, oversight bodies and other agencies and communities on human rights, development, democracy and conflict prevention.  To use the process of the rule of law to hold governments and their agents accountable.

The regional office of HURIDAC is located in Lagos (Nigeria) while its Nigeria and International offices are located in Abuja (Nigeria) and London (United Kingdom) respectively.

The leadership of HURIDAC is characterised by seasoned practitioners who have excelled in their various fields of endeavours. These individuals are drawn from such countries such as United Kingdom, Canada, Sierra Leone, Kenya, Nigeria, Liberia and the Gambia.

The diversities in the nationalities and experiences of the management of HURIDAC and well enthusiastic staff are the strengths of its effective service deliveries. Its governance structure is made up of a board of trustee, a Leadership Council, Board of Directors, Management Team and operation Staff. For the profile of these personalities, kindly check our website (www.huridac.org).

NHRC

The National Human Rights Commission of Nigeria was established by the National Human Rights Commission Rights 1995 (as amended) in line with Resolution 48/134 of the United Nations General Assembly which enjoins all member states to establish independent National Institutions for the promotion, protection and enforcement of human rights. The Commission serves as an extra-judicial mechanism for the respect and enjoyment of human rights. It also provides avenues for public enlightenment, research, and dialogue in order to raise awareness on Human Rights issues.

The National Human Rights Commission is currently headed by the Executive Secretary, Anthony Okechukwu Ojukwu Esq. Who is also the Chief Executive Officer (CEO). There are 13 Departments in the administrative structure of the Commission namely:• Human Rights Institute, • Human Rights Education & Promotion, • Civil & Political Rights, • Economic Social & Cultural Rights, • Women, Children & Vulnerable Groups, • Legal Services & Enforcement, • Human Resource Management, • Corporate Affairs & External Linkages Directorate, • Reform Co- ordination & Service Improvement, • Planning, Statistics & Documentation, • Directorate of Procurement, • Monitoring Department. There are 4 functional units in the Commission, they include: • Council Secretariat, • Internal Audit, • Complaints Registry, • Information and Communication Technology. The NHRC presently has State offices in all 36 states of the country and the FCT. www.nigeriarights.gov.ng

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