As chairman of the Nigerian Bar Association (NBA) Election Working Group, Dafe Akpedeye (SAN) carries a huge burden. The group is a 13-man committee set up to monitor elections, collate NBA branches’reports on polls, train lawyers for elections and liaise with other stakeholders, among others. Akpedeye tells JOSEPH JIBUEZE the group’s observations during the presidential and National Assembly elections, why there is need for electoral reforms and areas the Independent National Electoral Commission (INEC) should improve on.
What is your assessment of the presidential election which you monitored?
Prior to the election, there were fears of violence erupting during and after the polls. This was not the case. The elections were generally acclaimed to be peaceful, despite the initial glitches arising from the late arrival of INEC officials and materials and card reader malfunction. Nigerians turned out in their numbers and waited patiently to cast their votes. Even in places where elections were postponed to Sunday, March 29, Nigerians still came out to cast their votes. I sincerely hope that the peaceful conduct exhibited by Nigerians will continue well into the post- election period.
Were you impressed with INEC’s performance?
INEC must be commended for a largely successful outing during the Presidential and National Assembly elections, despite the glitches with the card readers and the logistics arrangement. However, the Commission still needs to correct the challenges encountered with the card reader to ensure it does not recur in the gubernatorial and State Assembly elections of April 11, 2015.
What were your observations on the arrival and handling of electoral materials?
In a number of polling units visited in Abuja, INEC officials and materials arrived late. NBA observers in a number of states also reported that material and INEC officials arrived late at the polling units. Despite the late arrival of INEC officials and materials, voters could be seen in their numbers waiting patiently for the arrival of INEC officials. Whatever the reason for the lateness, the commission needs to ensure that arrangements are in place to prevent a reoccurrence during the gubernatorial and House of Assembly elections.
Did the ad hoc staff meet your efficiency expectations?
The INEC ad-hoc staff did not appear to be adequately trained for election. Some of them did not appear to have a working knowledge on the use of the card readers. In a number of places where the card readers were said to be faulty this was as a result of the adhoc staff not knowing how to use them. In some places the INEC ad-hoc staff failed to remove the protective film on the lens of the equipment making it difficult for the card readers to read the biometric data in the permanent voter cards presented by voters for scanning
How do you compare this election with the previous ones you monitored?
In spite of the challenges encountered with the introduction of the card readers which is to be expected with the introduction of new technology, the 2015 Presidential and National Assembly elections was a huge improvement when compared to the 2007 and 2011 elections. The elections was largely peaceful, there was reduced incidents of snatching of ballot boxes, unlike the 2011 election which saw widespread violence take place in the northern parts of the country following the elections.
Do you think the card readers should have been tested in earlier elections?
INEC introduced the use of the card readers for the 2015 General Elections.There were mixed reports on the performance of the card readers. In some areas the card readers performed well but in majority of the country they had various glitches and failed to perform. The card reader problems included flat batteries, wrong date program, biometric failure and inability of Electoral Officers (EOs) to properly operate them. INEC officials were responsive to complains when contacted and were able to rectify some of the problems. The events of last election prove that the card readers should have been tested in the earlier elections. This would have given the commission insight into the possible challenges that would arise from the use of the card readers.
Some say it was a big risk to deploy card readers for the first time in this general election. Do you agree?
Yes.Things could have gone horribly wrong. We received reports of polling units running out of incidence forms. While the card readers functioned smoothly at various voting centres, there were complaints from many others about slow or completely dysfunctional machines. The overwhelming nature of the problems associated with the card reader compelled INEC to issue a directive to all EOs to resort to manual accreditation when there was card reader malfunction. The issue of card reader failure amongst other things also resulted in the decision of INEC to postpone elections in some polling units to Sunday, March 29, 2015. Having said this, I do not think INEC should forego the use of the card readers to enhance elections, rather more efforts should be put into developing appropriate and dependable solutions to glitches that may arise
What areas would you want improvements?
INEC needs to work to improve on the deployment of materials. Also, adequate training should be given to the ad-hoc staff on the use of the card readers to avoid a reoccurrence.
Were you impressed with the security agents?
Reports we received attest to the fact that the security agents were well behaved. Security personnel arrived and were visible at the various polling units as early as 7.30am. Security was generally commendable. In most of the polling units, our team of observers recorded a minimum of five security agents comprising the police and civil defense in each polling units. The security personnel conducted themselves in a civil, unobtrusive and orderly manner.
Do you think the presidential and National Assembly elections were credible, free and fair?
Yes, I believe the elections were, to a great extent, free and fair. The 2015 Presidential Election was one of the most keenly contested elections in the history of Nigeria. In spite of the reports of pockets of violence and snatching of ballot boxes, Nigerians voted in their choice of candidates for the various elective positions.
Do you think accreditation and voting should be done simultaneously to prevent having to queue twice?
Accrediting and voting simultaneously will greatly shorten the time voters spend waiting after the accreditation before they can vote. If the logistics of how this will be done can be worked out, I think this will be good for our democracy. Nigerians will not have to spend the whole day on the queue to vote. After accreditation some voters go home to return at about 1pm when the voting will commence. More often than not, some voters do not return as they are too tired, having stood for hours under the sun to get accredited.
Do you subscribe to the establishment of an electoral offences commission to deal with violations of the Electoral Act?
The calls for the establishment of an Electoral Offences Commission are borne out of the need to see electoral offenders punished. Nigeria must begin to hold people accountable for crimes committed and punish those who commit electoral violence. In past elections, there were reports of electoral offences. In most cases, after the announcement of the arrest of suspected electoral offenders, there was hardly any information on what became of them. It is evident that none of the accused was ever prosecuted for the electoral offences let alone being convicted. In effect, these offenders soon find their way back to the polling centres each time elections are billed to take place in the country or in any state of the federation.
Is Nigeria maturing as a democracy, or is there still a long way to go?
The 2015 election could have become another nightmare for Nigeria, given the worsening security situation in the country. It was a truly remarkable thing to see an incumbent President gracefully concede defeat in an election. This act will ensure a smooth and successful transition of power. The success of the election proves that Nigeria is growing as a democracy and can do well in events of vital importance. It will also help improve the image of Nigeria in the eyes of the international community. President Goodluck Jonathan has shown himself to be a true statesman. Hopefully this will set an example for other African countries to emulate.
Are there electoral reforms you would want the incoming government to implement?
The need for electoral reform in the country has become absolutely necessary against the backdrop of election rigging, widespread rejection of declared results, as well as loss of lives and property. More importantly, our electoral laws appear to be ill-equipped to adequately address these concerns. We needs to put in place a democratic process that maintains accurate list of citizens who are eligible to vote and encourages every eligible voter to participate effectively in the process. There is a need to improve the voting system and enhance ballot security. Most importantly, the political class must have respect for the rule of law while we must, as people reject the pervasive culture of corruption in our body polity and be prepared to hold our elected officers accountable for their actions.
The electoral tribunals will soon get to work. What are your expectations of judges?
The judges who will serve as chairmen and members of election petition tribunals for the 36 states and Abuja for the 2015 general elections have been chosen and sworn in. Nigerians expect them to live up to their oath of office. Adjudication on election petitions is regulated by statutory rules on time and since the panels do not have the luxury of time in the discharge of their duties, I advise that they consider all the evidence before them carefully and adjudicate swiftly and justly. Members of the tribunals have had the riot act read to them by the Chief Justice of Nigeria during their swearing in where he also sounded a note of warning to them to never again allow themselves to be used as tools to truncate democracy. He enjoined them to be dispensers of justice regardless of fear or favour, position or standing. This is what is expected of them.
What reports did the NBA Voters Registration Complaint Centers receive?
The NBA set up a Situation Room at the NBA National Secretariat for our observers and members of the pubic to call in and give on the spot account of happenings in their polling units. Reports received included the late arrival of INEC officials and materials, inadequate number of incidence forms, lack of result sheets and card reader malfunction.
Are you impressed with the contribution of lawyers in the monitoring of the presidential election?
The NBA observer group comprising the INEC accredited observers was on ground in the 36 states and the FCT. Several NBA members, not necessarily the INEC accredited observers, also participated by reporting happenings in their respective polling units. I must commend lawyers for their support and cooperation. The reports we received from them formed the basis of the NBA interim and final post-election statements.
From your meetings with traditional and religious leaders and other leaders of thought, do you think there is enough voter education?
Reports from our observers in the field showed that there was not enough voter education carried out. Voters were largely ignorant about the voting procedure particularly with regards to the card readers. More work needs to be done by all concerned to ensure that voters are truly acquainted with the nuances of electioneering procedures.
How does NBA intend to ensure that cases of electoral offences are prosecuted?
The NBA is ready and willing to partner with INEC or the police in the prosecution of electoral offenders. We have offered to INEC pro-bono services to actualise this extra-ordinary gesture. We await their response and expect INEC to work out the modalities for the prosecution.
SOURCE: http://thenationonlineng.net/new/why-accreditation-voting-should-be-simultaneous/