Federal lawmakers and INEC agree that the role of the Nigerian Armed Forces in elections should be limited. EDEGBE ODEMWINGIE reports on issues and contentions around the proposed limits and other proposals as 2015 general elections approaches.
The debate about the legality or otherwise of the deployment of thousands of soldiers and security apparatus in elections will remain contentious with the fast approaching 2015 elections. But what is yet to be established is whether or not the presence of the troops had any direct consequence on the way the Ekiti and Osun elections panned out. For the records, the Peoples Democratic Party (PDP) and the All Progressives Congress (APC) clinched Ekiti and Osun respectively.
In July, federal lawmakers in the House of Representatives were sharply divided along political party lines on the powers of the president to deploy military troops for elections. The heavily militarised Ekiti governorship had just been conducted and the contentions were still fresh.
The massive security personnel deployed for the recently conducted governorship election in Ekiti had never been seen. For the federal government, a few violent clashes recorded before the Ekiti governorship election was enough reason to warrant the deployment of about 12,000 troops.
The combined team of security personnel included soldiers, men of the Nigeria Security and Civil Defence Corps(NSCDC), State Security Service, police officers were on ground to “keep the peace” during the poll.
One week before the Ekiti election, the former Inspector General of Police (IGP), Mohammed Abubakar, deployed three helicopters for surveillance in the three senatorial districts in the state with one assistant inspector general of Police and four commissioners of Police for effective coordination of security operations.
Abubakar confessed that the number of troops, armoured tanks and helicopters deployed in Ekiti State was the highest ever deployed in a state, saying it was part of the resolve of the police to do anything humanly possible to provide security for election materials and personnel of INEC.
As reported, like a war zone, the troops took their positions. At almost every 100 metres from the entry point of the state, police officers and soldiers mounted various check points, with blood-hound dogs sniffing for any likely breach of peace by supporters of the political parties.
“On the eve of the election, there was tension. More troops were deployed to the state. Some visitors coming into the state through Efon Alaaye-Ekiti, the first point of entry into Ekiti State on the Osun-Ekiti border, encountered at least eleven checkpoints before getting to Ado-Ekiti, the state capital,” a monitored report stated citing eyewitness accounts.
The August 9 gubernatorial election in Osun also witnessed similar deployment.
The APC said the massive deployment was just another veiled move of the PDP-led federal government to capture Ekiti State “at all cost”.
The party said the state was over-run by armed security personnel with the intention of intimidating the opposition and the voters as well.
The APC presented proof. Rivers State governor, Rotimi Amaechi, and his Edo counterpart, Adams Oshiomhole were prevented entry into Ekiti to attend the last APC mega rally by military personnel.
Some leaders of the party, including the Imo State governor, Rochas Okorocha, and the former governor of Lagos State, Bola Tinubu, were barred from taking off at the Akure Airport after the rally, leaving them with the option of travelling by road.
“Our electoral laws are clear that every polling unit should have one unarmed policeman and the military should have no role in the election. But in Ekiti, armed police and military personnel have been deployed in their numbers and the question we are asking is whose purpose are they going to serve?
“The PDP is too desperate to capture Ekiti by every means and in view of this, we have deemed it fit to alert Nigerians to their antics”, national chairman of the APC, John Odigie-Oyegun, stated at a press conference in Lagos on the eve of the Ekiti election.
Reps’ position
In July, when the House of Representatives debated a bill seeking to further amend the Electoral Act, No.6 of 2010, the House deputy leader, Leo Ogor (Delta/PDP) and the chairman, House Committee on Rules and Business, Albert Sam-Tsokwa (Taraba/PDP) insisted that the powers of the president to deploy troops was backed by the 1999 Constitution (as amended) as well as Section 8 of the Armed Forces Act.
According to Tsokwa, the Armed Forces Act particularly gave the president proxy, powers to deploy troops for “operational use”.
But the position drew a harsh response from the House minority leader, Femi Gbajabiamila (Lagos/APC). Efforts by the presiding deputy speaker, Hon Emeka Ihedioha to douse the situation failed as Ogor and Gbajabiamila continued to trade harsh words over the matter.
While acknowledging that the Constitution allows the president to deploy the military, Gbajabiamila insisted that the powers were not “absolute”.
Gbajabiamila stated that the president can only exercise such powers subject to such conditions as may be prescribed by an Act of the National Assembly.
Limited Roles
Fast forward August 19, where in a public hearing organised by the House, the Independent National Electoral Commission (INEC) backed an amendment of the Electoral Act which constitutionally limits the role of the Nigerian armed forces in elections.
The backing was given in its position paper presented by Attahiru Jega, chairman of the commission last Tuesday during a one-day House of Representatives Committee on Electoral Matters Public Hearing on the amendment of the 2010 Electoral Act.
On deployment of the country’s armed forces in elections, INEC backed the amendment of Section 29(1) of the Electoral Act which inserts a new paragraph(b) that limits the role of the military to “securing the distribution and delivery of electoral materials”.
The new paragraph(b) reads: “Notwithstanding the provisions of any other law and for the purposes of securing the vote, the Commission shall be responsible for requesting for the deployment of relevant security personnel necessary for elections or registration of voters and shall assign them in the manner determined by the Commission in consultation with the relevant security agencies.
“Provided that the Commission shall request for the deployment of the Nigerian Armed Forces only for the purpose of securing the distribution and delivery of electoral materials.”
Jega said giving INEC the statutory power to manage security forces during elections would help to sanitise the nation’s electoral processes. It was the practice in many countries around the world that electoral bodies were given the power of management of security forces during elections, Jega said.
Jega stated, “On the insertion of a new section 29 (1) (b) to empower INEC to control security agencies at election time, there are a few countries that are doing this because they feel it is good practice.
“In fact in some of the countries, the entire management of the security forces in the period of the election are given to the electoral management body.
“We (INEC) did not recommend this because people are already accusing us of taking too much power. But if other stakeholders agree with this recommendation, it would help sanitise the electoral process.”
In other disclosures, the electoral management body forclosed any hope of electronic and diaspora voting in the 2015 elections. Jega stated that while INEC was seeking constitutional amendments to allow for electronic and diaspora voting, it can only be adopted in “subsequent elections” from 2015.
“It will be difficult for INEC to prepare adequately for the process. There is simply no time to do that…we (INEC) will not be able to do electronic voting in whatever form on or before the 2015 elections,” Jega told the Hon. Jerry Manwe-led House Committee on Electoral Matters.
Again, INEC asked the National Assembly to extend the time for conduct of run-off elections to offices of president and governor from 7 days to 21 days as it will be “technically impossible” to conduct a run-off election in 7 days.
Jega said the INEC identified 23 Sections of the Electoral Act which required amendment. He said the amendments if approved by the National Assembly will provide a level playing field and enhance the Nigerian electoral process.
INEC also listed constitutional amendments sought. They are operational independence of the commission to be fully guaranteed in the Constitution; appointment of dates for conduct of elections to be made by the commission in accordance with the Constitution; persons convicted of electoral offences should be disqualified from contesting elections and holding any positions in political parties; voting by Nigerians in diaspora should be allowed, Constitution should make provisions for access to ballot by political parties, the need for establishment of an Electoral Offences Commission with power to investigate and prosecute all branches of Electoral Legislation in Nigeria.
In another contribution at the hearing, the Inter-Party Advisory Council (IPAC) – an association of all registered 25 political parties in Nigeria – called on the National Assembly to outlaw “cross-carpeting” by politicians to other political parties after winning elections on a prior party.
The IPAC chairman, Dr. Yunusa Tanko who doubles as national chairman of the National Conscience Party (NCP) said in its position paper that the decision was unanimously agreed after a meeting on political parties.
2015 elections as a watershed in Nigeria’s history
Speaker of the House of Representatives, Hon. Aminu Waziri Tambuwal said at the public hearing that the 2015 elections will mark a “watershed” in Nigeria’s history.
Tambuwal said, “In a way, it is sad that 15 years after the return of our great country to democratic rule, we are still talking about free and fair elections, autonomy of INEC, legal frame work of states’ INEC, time frame of elections, participation of physically challenged persons in our elections, conduct of politicians, internal party democracy, order of elections, voters registration and accreditation, and debates by candidates, just to mention a few.
“However, we must look at democracy as a journey towards establishing for our nation a more perfect system of government. So, at every stage, we must be willing to take corrective measures that will ensure that we do not miss our way and arrive at the wrong destination.
He added that a “technically and morally sound” Electoral Act will go a long way in ensuring free, fair and credible elections in 2015 and beyond.
“As we approach the date for a national general elections, it is important that we tidy up every aspect of the regulations governing the conduct of our elections. We believe that if our electoral law is technically and morally sound, it will go a long way in ensuring that we have free and fair elections in 2015 and beyond, “ he said.
The speaker said the amendments sought by the National Assembly to the country’s Electoral Act was to provide a level playing field for the 2015 elections by removing all encumbrances that will hinder the conduct of free and fair polls.
“Let there be no confusion about our motives here. Our interest is in the well being of our people, the growth of our democracy and the survival of our nation as a progressive and indivisible entity,” he said.
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