Electoral Malpractices And Democratization Process In Nigeria
Posted: Sunday, November 15, 2009
by Rahaman Onike
The major challenge of Nigeria democratization process is electoral malpractices. Electoral malpractices include any unapproved and unethical behaviours that usually manifest during elections. Also, electoral malpractices are actions, behaviours, and attitudes that violate the laid-down electoral rules and regulations. The concept of electoral malpractices could also be viewed as violation of Electoral Act. The Electoral Act is a body of rules and regulations guiding the electoral process of the nation
Given the past electoral experiences of the nation, the political class engage in electoral malpractices due to the inherent and observable weaknesses in the electoral system. There are different forms of electoral malpractices and offences, the principal among which are: offences in relation to voters' registration, offences in respect of nomination of candidates for election, disorderly behaviour at political meetings etc.
Specifically, the behaviours and actions that constitute the electoral malpractices include impersonation and voting when not qualified. According to the Electoral Act 2006, any person who commits the offences of impersonation or who aids, abets, counsels or procures the commission of that offence, commits an offence and is liable on conviction to a maximum fine of N100,000 or imprisonment for 12 months or both. Extending the voting period beyond stipulated time in the electoral regulation is tantamount to electoral malpractice. Over voting and deliberate delay of voting on the day of election is also perceived as electoral malpractice. The use of force and threats with the intention to influence voting pattern and electoral behaviour are forms of electoral malpractices. Any political communication on the day of election aiming at influencing the voting pattern could equally amount to electoral malpractices. Campaigning in the vicinity of a polling unit or collation centre on the day of election is another offence of electoral malpractice.
Dereliction of duty equally constitutes an electoral offence. Polling officers without lawful excuse may commit an offence of dereliction of duty and such person shall be liable on conviction. False election results when released officially in favour of any candidate is a form of electoral malpractices. The law, Electoral Act 2006, stipulates that any person who delivers or causes to be delivered a false certificate of return knowing same to be false to any news media commits an offence and is liable on conviction to imprisonment for 3 years.
Bribery is another offence that could be classified as electoral malpractice. A voter commits an offence of bribery who before or during an election directly or indirectly himself or by any other person on his behalf, receives, agrees or contracts for any money, gift, loan, or valuable consideration, office, place or employment, for himself, or for any other person, for voting or agreeing to vote or for refraining or agreeing to refrain from voting at any such election. Any person who conspires, aids or abets with any other person to commit bribery offence shall be guilty of the same offence and punishment thereto.
Voting by unregistered person, multiple-registration of voters, registration of ghost names and prevention of opponents from voters' registration were offences constituting electoral malpractices under the Electoral Act. With due reference to the Electoral Act 2006, any person who knowingly votes or attempts to vote in a constituency in respect of which his name is not on the register of voters commits an offence and is liable on conviction to a maximum fine of N50,000 or to imprisonment for a term of 6 months or both. Disorderly conducts during elections also constitute an electoral offence. Some of the offences one can commit on election day include snatching or destroying the election materials; use any vehicle bearing the colour or symbol of a political party; shouting slogans concerning the election; be in possession of any offensive weapon or wear any dress or have any facial or other decoration which in any event is calculated to intimidate voters; and exhibiting, wearing or tendering any notice, symbol, photograph, or party card referring to the election and the offenders are liable for each of the offences on conviction.
Elections in Nigeria since independence were characterized by malpractices, which often had corruptive influence on democracy. The federal election of 1964 and 1965 were full of rigging, acrimony and violence. The 1979 national elections were however conducted under a relatively calm atmosphere but were equally characterized by malpractices of different sorts. By historical circumstance and outcome, the 1983 general election was controversial and the results were characterized by malpractices. The discontent that followed the outcome of the election however, led to eruption of crises in different parts of the country. The development brought the failure of the second attempt at instituting enduring democracy in Nigeria .
The freest and the most peaceful election in the annals of the nation was the 1993 presidential election which was held under two party system as a radical departure from the previous multi party system. In annulling the 1993 presidential election results, the military administration led by General Ibrahim Badamosi Babangida insisted that there were irregularities in the electoral process and there were also lack of judicial consensus as courts were delivering conflicting and contradicting judgements before and after the election. Hence, the results of 1993 election which still remains the best election to be held in Nigeria were aborted by the military. The cancellation of the results of the 1993 general elections aggravated inter-ethnic tension and hostility, which eventually culminated in the demise of the third attempt at instituting enduring democracy in Nigeria.
On May 29, 1999 Nigeria successfully transited to civil rule after almost two decades of prolonged and protracted military dictatorship. Yet, the transition programme which culminated into enthronement of democracy in Nigeria in 1999 were not without flaws. Another transition programme was organized to consolidate the gains of democracy by president Olusegun Obasanjo's administration in 2003. The 2003 elections were widely adjudged to have been marred by widespread irregularities and large scale rigging. The international observers were dismayed and scandalized by the ruling party's open and brazen resort to manipulation and forgery of election results.
The worst elections ever, were held in the year 2007. The conduct of 2007 general elections was accompanied by a worsening contraction of the democratic space and it negates virtually all the rules and tenets of free and fair electoral procedure. Indeed, the 2007 elections were characterized by vote rigging, ballot snatching at gun points, criminal manipulation of voters' list and brazen falsification of election results. The 2007 election was indeed a product of do or die affair, the outcome of which is the abolition of the Nigeria electorate and it was a case of raped electoral process. According to Professor Adebayo Williams (The Nation, Oct. 8 2009, pages 41 and 42), the 2007 elections have been adjudged as the worst in the history of the nation and arguably mankind since the advent of liberal democracy. Never in the history of the nation has an election brought so much pains and misery to the people. The elections have been disputed and legally contested at all levels. The President, Alhaji Umar Musa Yar'adua himself was left off the hook by a split decision of the Supreme Court, but the burden of legitimacy remains.
With the ridicule of the nation's electoral process, by the election riggers, the call for electoral reform becomes an issue of national emergency. It is evident that the nation is drifting into the state of anomie and political anarchy. While the Nigerian populace are appreciative of the government efforts toward political and electoral reforms, there are fear and apprehension about the outcome of the reform considering the interference of special interests on what should be the form, colouration and contents of the proposed electoral reforms.
By
ONIKE RAHAMAN
FREELIANCE WRITER
PUBLIC AFFAIRS ANALYST EDITORIAL CONSULTANT
OYO, OYO STATE , NIGERIA .
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Top-level comments on this article: (3 total)yes the article is helpful.
G..overnments is kind of BOOOOOOOOOOOOOOOOOOOOOORING.
This article is helpful to warn nigerians not to partisipate in malpractce
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