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The step taken by the Supreme Court of Nigeria to consult and seek
views of some legal luminaries on the very sensitive issue of tenure
elongation which was brought before it by some governorship aspirants
and the Independent National Electoral Commission of Nigeria against
some State governors is very pleasing as it has expanded opportunities
for Nigerians to contribute to the development of the nation’s democratic
process.
The three legal giants have independently conducted their research and
made their respective recommendations in a nonpartisan and transparent
manner. Though the legal experts may well have played an important role
in proffering advice and supporting their respective positions with some
legal authorities, it still remains individual views on a vital national issue
because the Supreme Court Judges as the ultimate deciders on legal
issues will determine the legitimacy or not of tenure elongation. The final
position of the Supreme Court which be made public tomorrow is a long
awaited decision that will have diverse effect on Nigeria’s democracy
especially on its modernisation of the electoral administration and
transition processes.
Without necessarily seeking to interfere in the opinions of the legal gurus
or attempting to pre-empt a case before the highest Court of law, it is
important to state that the initial action taken by the Supreme Court in
setting out to consult extensively before reaching a definitive judgment on
a political issue of national significance is a wonderful trend toward
making positive democratic changes that may restore integrity and public
confidence in Nigeria’s democratic process especially given that the
conduct of credible and acceptable elections has continued to haunt
most developing countries.
In Nigeria, the process of strengthening the electoral process has been a
recurring one. After so many years of military rule and several interrupted
democratic dispensations to the return of seeming stable civil rule in
1999, the electoral law on the conduct of elections has been amended
after every election resulting in the enactment of the 2001, 2006 and 2010
electoral acts. However, the issue of tenure elongation throws up some
fundamental constitutional, legal, moral, economic, practical and
strategic challenges that must be addressed to ensure that we raise the
standard of our general elections to deepen our democracy.
At the moment, given the existing Appeal court ruling on elongation of
tenure, already dates for holding gubernatorial elections have been
scattered in such a way that presently five of Nigeria’s thirty six states
conduct their elections on dates that are different from the general
gubernatorial elections. Again, with a myriad of cases in different courts
of law challenging the election results of 2011, it would not be surprising if
after the election tribunals conclude their respective sittings, another five
states or more join the tenure elongation camp with likelihood that other
States may join after every general election until such a time that the so
called date for gubernatorial general elections may have little or no
relevance during general election year.
Presently, the case in the Supreme Court which challenges the
constitutionality of elongation of tenure is set to be a judgement that will
either rationalise or introduce greater consistency to the timetable for
elections throughout the nation. However, beyond the legal battle, it is
obvious that there are serious political or economic grounds to consider
on the issue of tenure elongation. To understand the major consequence,
it is important to realize that tenure elongation is a structural constraint to
democratic governance in Africa as it brings with it inconsistency of
election periods which is very detrimental to countries undergoing
democratic growth with huge funding support from the International
Community.
Inconsistency in electoral periods as a result of tenure elongation
threatens the financial support of development partners particularly given
that this may bring about incomprehensibility in monitoring elections and
may erode the potency of INEC’s harmonised programme of activities.
For example, an intervention agency like the UNDP which funds
International Election Assessment Delegations to conduct programs that
support democratic development in Africa, Asia, Europe, the former
Soviet Union, the Americas and the Middle East may find it difficult to get
involved in observing and assessing elections that do not have fixed
periods. For emphasis, an agency like INEC which in the year 2011 was
provided with a budget grant of 107 billion Naira approximately 535 million
Euros to conduct the voter registration and the General Elections may
lose the financial backing of the International community because of
serious doubt on its credibility .in conducting elections without fixed
period. Indeed, such will neither attract concrete nor continued response
by the UN system and there may be decreased support from sympathetic
partners like the UK Department for International Development (DFID) and
European Union EU) on assistance to elections and necessary electoral
reforms in Nigeria.
Granted that early elections can be held in case of resignation, ill-health,
impeachment or death, nevertheless, fixed election periods are reliable,
dependable dates that voters could count on and plan for, like the fixed
date for America’s presidential elections: Every four years on the first
Tuesday after the first Monday of November. However, while
acknowledging that there are challenges in seeking to introduce greater
consistency across elections; fixed election periods are the only fair and
democratic way to ensure that we retain the goodwill of the international
community.
Elections in Nigeria has to be more timely, efficiently targeted and
coordinated to enable Nigeria access substantial funding from a basket of
donor agencies in the interests of a more transparent and democratic
system. However, in a situation where the Supreme court of Nigeria rules
in favour of tenure elongation, it will not only discourage coherent
international development assistance but diminish national efforts to build
democratic practices and mechanisms that can foster stronger
democratic accountability.
On the other hand, if the Supreme court ruling does not favour tenure
elongation especially now that Primaries elections have already been
conducted in some states, what it means is that the entire platform on
which the conduct of the recent elections were based would collapse.
Indeed, this would be a best option as political parties would have to
revert to status quo.
Besides, Nigeria needs a real fixed election period and concrete days
every Nigerian can depend upon. The need for fixed period election
legislation cannot be overemphasized as it will create a regular cycle of
planned general elections, with specific, predictable election dates and a
fixed term for elected officers. The ruling of the Supreme Court of
tomorrow may just provide the best solutions to resolving the political
conflicts within the PDP in Kogi and Bayelsa states where the supporters
of Alhaji Jibrin Isah Echocho and Timpriye Sylva claim their candidates
are the people’s choice but for the machinations of the PDP leadership,
democracy has been made to stand on its head.
*Phrank Shaibu, A public communications consultant wrote from Abuja.
views of some legal luminaries on the very sensitive issue of tenure
elongation which was brought before it by some governorship aspirants
and the Independent National Electoral Commission of Nigeria against
some State governors is very pleasing as it has expanded opportunities
for Nigerians to contribute to the development of the nation’s democratic
process.
The three legal giants have independently conducted their research and
made their respective recommendations in a nonpartisan and transparent
manner. Though the legal experts may well have played an important role
in proffering advice and supporting their respective positions with some
legal authorities, it still remains individual views on a vital national issue
because the Supreme Court Judges as the ultimate deciders on legal
issues will determine the legitimacy or not of tenure elongation. The final
position of the Supreme Court which be made public tomorrow is a long
awaited decision that will have diverse effect on Nigeria’s democracy
especially on its modernisation of the electoral administration and
transition processes.
Without necessarily seeking to interfere in the opinions of the legal gurus
or attempting to pre-empt a case before the highest Court of law, it is
important to state that the initial action taken by the Supreme Court in
setting out to consult extensively before reaching a definitive judgment on
a political issue of national significance is a wonderful trend toward
making positive democratic changes that may restore integrity and public
confidence in Nigeria’s democratic process especially given that the
conduct of credible and acceptable elections has continued to haunt
most developing countries.
In Nigeria, the process of strengthening the electoral process has been a
recurring one. After so many years of military rule and several interrupted
democratic dispensations to the return of seeming stable civil rule in
1999, the electoral law on the conduct of elections has been amended
after every election resulting in the enactment of the 2001, 2006 and 2010
electoral acts. However, the issue of tenure elongation throws up some
fundamental constitutional, legal, moral, economic, practical and
strategic challenges that must be addressed to ensure that we raise the
standard of our general elections to deepen our democracy.
At the moment, given the existing Appeal court ruling on elongation of
tenure, already dates for holding gubernatorial elections have been
scattered in such a way that presently five of Nigeria’s thirty six states
conduct their elections on dates that are different from the general
gubernatorial elections. Again, with a myriad of cases in different courts
of law challenging the election results of 2011, it would not be surprising if
after the election tribunals conclude their respective sittings, another five
states or more join the tenure elongation camp with likelihood that other
States may join after every general election until such a time that the so
called date for gubernatorial general elections may have little or no
relevance during general election year.
Presently, the case in the Supreme Court which challenges the
constitutionality of elongation of tenure is set to be a judgement that will
either rationalise or introduce greater consistency to the timetable for
elections throughout the nation. However, beyond the legal battle, it is
obvious that there are serious political or economic grounds to consider
on the issue of tenure elongation. To understand the major consequence,
it is important to realize that tenure elongation is a structural constraint to
democratic governance in Africa as it brings with it inconsistency of
election periods which is very detrimental to countries undergoing
democratic growth with huge funding support from the International
Community.
Inconsistency in electoral periods as a result of tenure elongation
threatens the financial support of development partners particularly given
that this may bring about incomprehensibility in monitoring elections and
may erode the potency of INEC’s harmonised programme of activities.
For example, an intervention agency like the UNDP which funds
International Election Assessment Delegations to conduct programs that
support democratic development in Africa, Asia, Europe, the former
Soviet Union, the Americas and the Middle East may find it difficult to get
involved in observing and assessing elections that do not have fixed
periods. For emphasis, an agency like INEC which in the year 2011 was
provided with a budget grant of 107 billion Naira approximately 535 million
Euros to conduct the voter registration and the General Elections may
lose the financial backing of the International community because of
serious doubt on its credibility .in conducting elections without fixed
period. Indeed, such will neither attract concrete nor continued response
by the UN system and there may be decreased support from sympathetic
partners like the UK Department for International Development (DFID) and
European Union EU) on assistance to elections and necessary electoral
reforms in Nigeria.
Granted that early elections can be held in case of resignation, ill-health,
impeachment or death, nevertheless, fixed election periods are reliable,
dependable dates that voters could count on and plan for, like the fixed
date for America’s presidential elections: Every four years on the first
Tuesday after the first Monday of November. However, while
acknowledging that there are challenges in seeking to introduce greater
consistency across elections; fixed election periods are the only fair and
democratic way to ensure that we retain the goodwill of the international
community.
Elections in Nigeria has to be more timely, efficiently targeted and
coordinated to enable Nigeria access substantial funding from a basket of
donor agencies in the interests of a more transparent and democratic
system. However, in a situation where the Supreme court of Nigeria rules
in favour of tenure elongation, it will not only discourage coherent
international development assistance but diminish national efforts to build
democratic practices and mechanisms that can foster stronger
democratic accountability.
On the other hand, if the Supreme court ruling does not favour tenure
elongation especially now that Primaries elections have already been
conducted in some states, what it means is that the entire platform on
which the conduct of the recent elections were based would collapse.
Indeed, this would be a best option as political parties would have to
revert to status quo.
Besides, Nigeria needs a real fixed election period and concrete days
every Nigerian can depend upon. The need for fixed period election
legislation cannot be overemphasized as it will create a regular cycle of
planned general elections, with specific, predictable election dates and a
fixed term for elected officers. The ruling of the Supreme Court of
tomorrow may just provide the best solutions to resolving the political
conflicts within the PDP in Kogi and Bayelsa states where the supporters
of Alhaji Jibrin Isah Echocho and Timpriye Sylva claim their candidates
are the people’s choice but for the machinations of the PDP leadership,
democracy has been made to stand on its head.
*Phrank Shaibu, A public communications consultant wrote from Abuja.
Tenure elongation for 5 Governors and the
fractured election timetable
fractured election timetable
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