HOW POLITICIANS USED THE ELECTORAL ACT TO INCITE VIOLENCE AND RIGGING
When some Nigerians expressed concern that the new Act might not meet the required standards, the Independent National Electoral Commission, INEC, was quick to reassure them that their votes would be counted, especially with the introduction of technology.
However, there were obvious loopholes that politicians used to manipulate the process.
Look at some of the Act's provisions
section 24
It is no longer news that the 2023 general elections saw pockets of violence around the country, resulting in the deaths of a few people. The attacks on polling stations saw during the recent elections were planned by politicians who were aware of a loophole in the voting rules.
To avoid losing the election, a political party organized an attack at each polling location.
Politicians appear to have studied Section 24 of the 2022 Electoral Act and are exploiting the Act's flaws. To them, it is preferable to disrupt voting and stop counting wherever their opponents are ahead.
The section reads: "(1) In the event of an emergency affecting an election, the Commission shall, as far as practicable, ensure that persons displaced as a result of the emergency are not disenfranchised.
"(2) Where a date has been appointed for the holding of an election, and there is reason to believe that a serious breach of the peace is likely to occur if the election is proceeded with on that date or it is impossible to conduct the elections as a result of natural disasters or other emergencies, the Commission may postpone the election and shall in respect of the area, or areas concerned, appoint another date for the holding of the postponed election, provided that such reason for the postponement is cogent and verifiable.
"(3) Where an election has commenced and there is reason to believe that there is or has been substantial disruption of election in a polling unit or constituency or it is impossible to continue with the election occasioned by threat to peace and security of electoral officials and materials, the Commission shall suspend the election and appoint another date for the continuation of the election or the process.
"(4) Where the Commission appoints a substituted date in accordance with subsections (2), (3) and (4), there shall be no return for the election until polling has taken place in the area or areas affected.
"(5) Notwithstanding subsection (3), the Commission may, if satisfied that the result of the election will not be affected by voting in the area or areas in respect of which substituted dates have been appointed, direct that a return of the election be made.
"(6) The decision of the Commission under subsection (4) may be challenged by any of the contestants at a court or tribunal of competent jurisdiction and on such challenge, the decision shall be suspended until the matter is determined."
Subsection 3 of this section stated that if there is a significant disruption in an election in a polling unit or constituency and it is impossible to continue voting due to a threat to the peace and security of electoral officials and materials, INEC shall suspend the election and appoint another date for the continuation of the election.
However, subsection 5 states that if INEC is satisfied that the outcome of the election will not be influenced by the results of polling units where voting has been suspended, the commission may proceed to declare a winner.
Politicians rekindled violence with these elements of the law by disrupting voting in polling areas where they were unpopular.
They assaulted voting stations and targeted their opponents' strongholds. Election materials were either hauled away or burned to ashes in certain places. Elections were canceled in places where this occurred in conformity with the law. However, the fact remains that some voters have been disenfranchised by political thugs who took advantage of flaws in the new law. Even if such elections are delayed, many voters will never participate again.
The Centre for Democracy and Development (CDD) cited violence as a major issue undermining INEC's performance during the 2023 general elections, in which 39 people were alleged to have killed.
Idayat Hassan, Director of CDD, also stated that perpetrators of violence were motivated by a desire to disrupt electoral processes.
Hassan disclosed that, "Victims of this violence were voters, some of whom were disenfranchised as a result of having their ballot boxes snatched."
According to the Inspector-General of Police, Usman Alkali Baba, 781 people were detained for various electoral offenses-203 during the presidential and National Assembly elections, and 578 during the gubernatorial and state assembly elections.
During the time period, approximately 66 firearms of various types were recovered from political thugs.
According to reports, recordings from many polling units in Lagos, Ogun, Rivers, and other states confirmed that the 2023 elections were marred by deliberate anomalies perpetrated by political thugs. Some of these crimes were committed openly, even while law enforcement agents were present.
Section 51
Section 51 of the new electoral act is another section that politicians are abusing. The provision addresses overvoting and the requirement to annul votes in every polling location when it occurs.
Section 51 reads: "(1) No voter shall vote for more than one candidate or record more than one vote in favour of any candidate at any one election.
"(2) Where the number of votes cast at an election in any polling unit exceeds the number of accredited voters in that polling unit, the Presiding officer shall cancel the result of the election in that polling unit.
"(3) Where the result of an election is cancelled in accordance with subsection (2), there shall be no return for the election until another poll has taken place in the affected polling.
"(4) Notwithstanding the provisions of subsections (2) and (3) the Commission may, if satisfied that the result of the election will not substantially be affected by voting in the area where the election is cancelled, direct that a return of the election be made."
This clause, as expected, prohibits having more votes than the number of registered voters. With INEC's guarantees that only persons accredited by the Bimodal Voters Accreditation System (BVAS) would be permitted to vote, Nigerians thought that there would be no possibility for over voting.
Many people were surprised to learn that votes were cancelled in many polling units due to excessive voting. How did some people vote despite not being registered?
The findings revealed that the over voting in several instances was purposefully arranged in order to nullify votes in such polling units.
Politicians who know they could lose the election in any polling unit would have conspired with INEC officials to allow unregistered voters to vote. For example, if a polling unit has 200 accredited voters and the total number of votes cast is 201, the election in that unit will be canceled, regardless of whether a party is already leading with 170 votes.
According to party agents, most electoral officers were bought by politicians to allow for overvoting and eventual cancellation of votes in areas where their opponents were ahead.
They allegedly achieve this by allowing an unregistered voter to vote or by issuing multiple ballot papers for a single vote.
Though the elections have passed with many voters disenfranchised, Nigerians are concerned about the shape of future elections if the 2022 Electoral Act remains unchanged.
Kolawole Fasasi, a public affairs analyst, stated, "politicians have opted for violence as a way out of BVAS. The strategy now is to overrun your opposition in his/her stronghold and force INEC to cancel the result."
Fasasi added that, "We'll see more of violence in elections until INEC reviews the lacuna in its rules and processes."
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