In a keynote address titled ‘General Elections in Nigeria 2023: A Review of the Nation’s Political Culture and Electoral Integrity,’ human rights lawyer Femi Falana, SAN, has expressed that Nigeria has witnessed a shift from democracy to plutocracy, resulting in a loss of faith in the democratic process.
During the address, delivered at the 2023 Law Week Programme of the Nigerian Bar Association, Benin Branch, held in Benin City, Edo State, Falana emphasized that only 22 million out of the 93 million registered voters participated in the presidential election, further illustrating the erosion of confidence in the democratic system.
Falana called upon the NBA to exert pressure on the Independent National Electoral Commission (INEC) to address various issues, including late arrival of officials and ballot materials, malfunctioning BVAS machines, limited or non-transmission of results to the Results Viewing Portal (IReV), insecurity at polling units involving violent attacks, voter intimidation, snatching and destruction of voting materials, as well as limited accessibility for individuals with disabilities.
He urged the Benin branch of the NBA to advocate for a national summit that would review the 2023 general elections in collaboration with the judiciary committees of both houses of the National Assembly. The outcome of this summit should facilitate the drafting of constitutional amendments and revisions to the Electoral Act, ultimately aiming to establish a framework for credible elections in Nigeria.
Falana stressed the importance of mass-based organizations mobilizing the Nigerian populace to actively engage in the democratic process, urging them to take control of their political destiny.
While ethical restrictions prevented him from commenting on pending petitions in the Court of Appeal and various election petition tribunals, Falana stated that he was able to review recent decisions of the apex court that have reshaped Nigeria’s electoral jurisprudence.
“The Nigerian Bar Association (NBA) has a crucial role in safeguarding the democracy and human rights of the Nigerian people, as guaranteed by the Nigerian Constitution of 1999 (as amended) and various international human rights treaties, including the International Covenant on Civil and Political Rights and the African Charter on Human and Peoples’ Rights, to which Nigeria is a signatory.”
“Section 14(1) and (2) of the Constitution establishes Nigeria as a federal republic based on the principles of democracy and social justice. Accordingly, the sovereignty rests with the people, who grant the government its powers and authority through the Constitution. The primary purpose of the government is to ensure the security and welfare of the people, and their participation in the governance process is to be ensured in accordance with the provisions of the Constitution.”
“While it may be argued that the provisions of Section 14 of the Constitution are primarily political objectives that are not justiciable, it is submitted that the democratic rights of the Nigerian people are enforceable under Article 13(1) of the African Charter on Human and Peoples’ Rights, which guarantees every citizen the right to participate in the government of their country directly or indirectly through chosen representatives, in accordance with the provisions of the law.”
“However, contrary to the constitutional and charter provisions promoting popular democracy, the political class in Nigeria has commercialized the democratic process. During the 2022 party primaries, the All Progressives Congress (APC) and the People’s Democratic Party (PDP) restricted participation by imposing nomination fees that were unaffordable for the majority of party members. For example, the APC charged N100 million per aspirant in the presidential primary, while the PDP collected N40 million from each presidential aspirant.”
“At the party conventions held in Abuja last year, delegates were bribed with millions of dollars by many of the aspirants, and the campaigns and elections involved substantial financial expenditures. Despite the threats from anti-graft agencies to curb the monetization of elections, those involved operated with impunity.”
“As a result of the complete control of the political arena by wealthy individuals, democracy has been replaced by plutocracy. To compound matters, armed thugs unleashed violence against voters who did not support specific political leaders. The violent incidents during the elections across the country led to the loss of 137 lives. The electioneering campaign focused less on addressing the socioeconomic challenges faced by the people and more on religion and ethnicity. Instead of expanding the democratic space, members of the National Assembly empowered the Independent National Electoral Commission (INEC) to deregister political parties that fail to win any parliamentary seats.”
“By hijacking the democratic process, the ruling class has effectively marginalized the majority of the people, excluding them from meaningful participation.”
“Since the ruling class shows no willingness to peacefully relinquish power to the people, it is recommended that mass-based organizations be mobilized to actively engage in politics. This is the only way to end the exorbitantly expensive and violent winner-takes-all presidential system that has undermined democracy in Nigeria.”
“Importantly, the use of BVAS machines helped eliminate vote inflation, resulting in the defeat of many politicians. Notably, several sitting senators lost their seats, and some governors failed to secure senatorial positions.”
“Although the democratic exercise took place between February and March 2023 amid various challenges, the legal battles to confirm the actual election winners may not be resolved until early next year. This prolonged timeline is due to the shift of focus from the polling booths to the courts.”
“It is argued that despite the shortcomings observed in the 2023 general elections, the partial deployment of technology by INEC contributed to a reduction in the number of election petitions filed by aggrieved candidates. Both the National Assembly and state electoral bodies should ensure the full implementation of technology in national and local elections across Nigeria.”
“In 2022, general elections were conducted in three African countries: Angola, Kenya, and Nigeria. Petitions challenging the results of the presidential elections in Angola and Kenya were resolved within 14 days by the Constitutional Court and the Supreme Court, respectively.”
“However, in Nigeria, the confirmation of presidential and legislative election results takes 8 months, while the confirmation of governorship election results takes 10 months.”
“At the conclusion of the 2023 general elections, INEC declared the winners and awarded them certificates of return. Despite the shortcomings encountered during the election, a total of 436 election petitions have been filed in the various election petition tribunals and the Court of Appeal.”
“It is worth noting that this is the lowest number of election petitions filed against elections conducted in Nigeria since 2007. As the results of the elections have been contested by numerous aggrieved parties, it is the responsibility of the courts, as mandated by the Constitution and the Electoral Act, to determine the final outcomes of the democratic exercise.”
“Due to the judiciary’s history of relying on technicalities in political cases, leading to victories for candidates who did not actually win elections, the judiciary finds itself in a precarious situation. Chief Justice of Nigeria, the Honourable Justice Olukayode Ariwoola, has cautioned tribunal judges to avoid being influenced by financial incentives or technicalities in resolving the ongoing election disputes.”
“Since INEC lacks the capacity to prosecute electoral offenders, the Nigerian Bar Association (NBA) has offered to mobilize lawyers for the prosecution of suspected electoral offenders arrested during the last elections. The names of the prosecutors have already been compiled, and the prosecution is set to commence soon.”
“It is worth mentioning that the political parties and leaders who accused the Independent National Electoral Commission of mismanaging the 2023 general elections performed even worse in conducting primary elections for the majority of political parties. The imposition of candidates by party chieftains was a widely known practice, leading to a total of 1,878 pre-election cases filed in 2022, compared to 370 pre-election cases recorded in 2019.”
“While 436 post-election petitions have been filed in relation to the 2023 general elections, the number of post-election cases filed in 2019 reached 807.”
