Politics
Rivers Police And Challenges Of 2011 Polls
Elections are a civil process of enabling citizens to exercise their democratic rights, and participate in public affairs, by either offering themselves for election or electing their chosen representatives into various organs of government. The right of citizens to participate in public affairs has been internationally recognised and enshrined in such statutes as:
The Universal Declaration of Human Rights, the International Convention on Civil & Political Rights and the African Charter on Human and People’s Rights.
Participation in public affairs by every citizen is facilitated by a guarantee of other rights which promote and protect the democratic rights of citizens to participate in politics and elections. These rights are enshrined in chapter IV of the Constitution of the Federal Republic of Nigeria (1999) as Fundamental Human Rights. These rights are:
5.38 – Right of Thought, Conscience and Religion
5.39 – Right to Freedom of Expression and Press
5.40 – Right to Freedom of Assembly and Association
5.41 – Right to Freedom of Movement
5.42 – Right to Freedom against discrimination
Periodic election are one of the central ideas of democracy through which citizens chose their representatives in government. It avails citizens alternate chances between different and competing political party policies and programme, on one hand, and the opportunity to hold officials so elected accountable for the exercise of their duties and responsibilities,
The police play a critical role in the outcome of every national elections. Whether elections are free, fair, and credible, and those elected reflects the free wil1 of the electorate, depends, to an extent, on the security agencies. particularly the Police, who are expected to provide and guarantee security for voters, electoral officials and materials, and to enable a neutral political environrnent, devoid of coercion, intimidation and violence. This responsibility has strong interplay with respective roles of other stakeholders in the conduct of elections in the country, viz:
The aggregate performance of these bodies and security agencies make for the success or otherwise of every political elections in the country.
2. Background / Overview
2,1, Trend / Views on Politics in Nigeria:
Politics as practiced in the country has been averred as the “Only viable industry” in Nigeria which guarantees and deliver three scarce commodities:
wealth, power and fame, to few lucky ones. Hence the mad quest to acquire and retain these big three dividends of public office at all effective levels. This has made elections and all political contests in the country fiercer where winners take all and losers hardly conceding defeat.
Associated with these is the inordinate desperation and ready perchance to employ the poor and unemployed for thuggery and political violence.
2.2. Features of Political Election in Nigeria:
Prof. Tekena N. Tamuno, in his paper “Historical Antecedents of Political Violence in Nigeria” in Strategies for Cubing Election-Related Political Violence in Nigeria’s North-West Zone (Al1ahi’ru M, Jega et’al 2003) captured what he considered as the main features of Nigeria’s electoral history since independence. Some of these features are the following:
Era of boycotts, bonfire and threatened secession during and after the 1964 federal Election and the 1965 Western Nigeria Election.
The 122/3 (two-third of 19) controversy during the 1979 Presidential Election and its political consequence nationwide,
The upheavals during the 1983 Federal Elections .
The “Old Breed” versus “New Breed”. fiasco in the 1992 Elections.
The “June 12” (1993) Presidential Election nullification crisis,
The “Power-Shift” crisis in the 1999 Presidential Election.
The Judicial nullifications, ordered re-run, vacation 1 substitution of tenure of political office holders in 2003/2007 Elections.
Ever increasing pressure on Police logistics and capacity for effective security coverage of hotly-contested elections.
Generally the twin factors of rigging and political violence associated with history, with very strong potential for recurrence in future elections.
3.0. Police and Securitv During Elections:
The Nigeria Police owes its legal existence to Section 214 (1) of the 1999 Constitubon which states:
“There shall be a Police Force for Nigeria which shall be styled the Nigeria Police Force and, subject to the provision of this Section; no other Police Force shall be established in the Federation or any part thereof”:
The statutory duties and functions of the Nigeria Police Force are clearly defined under Section 4 of the Police Act CAP 359, Laws of the Federation of Nigeria 1990. These duties are listed as:-
(i). The protection of life and property; (ii). The prevention and detection of crime;
(iii). The apprehension of offenders; (iv). The preservation of law and order and
(v) The enforcement of all laws and regulations with which they are directly charged, as well as performance of such military duties within and without Nigeria as may be required of them.
However several other enactments provide for the role of the Police in an election, i.e Public Order Act and the Electoral Act. Section 59 (1) of the Elecctora1 Act Cap. 105 L.F.N. 1990 assigns the Presiding Office with the
Power and autority ‘to regulate all conducts at polling stations.
If a person misconducts himself at a polling station or fails to obey any lawful order of the presiding officer, the presiding officer,may order the removal from the polling station of the person so misconducting himself, or failing to obey lawful order; and such person may be arrested ‘without warrant and may be removed accordingly”.
In this context, the arrest of offenders at such venues must necessarily be authorised by the Presiding Officer.
From the foregoing, it is apparent that, outside the polling stations, the Police Act, Public Order Act, Electoral Act and other relevant enactments govern and guide the exercise of authority by Police Officers whereas the Electoral Act govern conducts at polling stations. The import of this is that, the Presiding Officer, guided by the Electoral Act, decides when an electoral offence is committed and when a consequent arrest is to be made. Implicitly the exercise or discretion for which the Police is known is on hold with respect to electoral offences at the polling station.
Generally, the primary role of the Police in elections is to protect the integrity of the electoral processes and security of the participants, through:
a). Safeguarding the security of the live and property of citizens during campaigns and voting, so that citizens will not feel unsafe on account of holding, associating with or expressing a political opinion;
b) Ensuring the safety of electoral officers before during and after elections:
c) Providing security for candidates during campaigns and elections:
d). Ensuring and preserving a free, safe and lawful atmosphere for campaigning by all parties and candidates without discrimination:
e). Maintaining peaceful conditions, law; and order around the polling and counting centres.
f). providing security for electoral officials at voting and counting centres and
g). Ensuring the security of election materials at voting and counting centres and during their transportation thereto. It is the duty of the Police to ensure that election materials are not stolen, hi jacked, destroyed or fraudulently altered by any person.
3.2 Police Code of Conduct in Election Duty
Police Regulation 325 provides the attributes every Police officer is expected to possess and exhibit (including the times of elections – 2011 inclusive). These attributes are:
a. Efficiency and thoroughness through meticulous attention to details in the performance of his duties.
b.Courtesy, forbearance and helpfulness in his dealings with members of the public.
c.Tact, patience and tolerance, and the control of his temper in trying situations;
d. Integrity, in refusing to allow religious. racial; political. or personal
feelings,. or other considerations to influence him in the execution of his duties
e. Impartiality in the avoidance of feelings of vindictiveness., or the showing of vindictiveness towards offenders.
f. Strict truthfulness in his handling of investigations. and in the giving of evidence.
Most specifically, the Police Service Commission (PSC) has published guidelines on the conduct of the Police on Electoral duty. These guidelines re-emphasis the important responsibility of the Police in ensuring that peaceful condition prevail at polling and counting centres during elections, and that citizens exercise their responsibility/functions without coercion, intimidation, violence or manipulation. The guidelines are as follows:
1. A prompt response by a Police Officer to any given situation will often be necessary to prevent a minor incident from becoming a major problem. A minor disagreement during election campaign or voting may also degenerate to violence or other disruption if effective and early intervention is not made by the officer. Therefore, the Police Officer should always be alerted in noticing and preventing the deterioration of incidents that could lead to disruption of voting and associated electoral processes.
ii. The Police Officer on election duty needs to be approachable and accessible to the voters who might need his or her assistance. Election duty gives the NPF an invaluable opportunity to contribute towards a peaceful transition from one civilian government to another. By performing this function creditably, the men and women of the NPF also improve the image of the organisation and its relationship with Nigerians.
III. The Police Officer must be professional in his or her demeanour and personal appearance. Polling officials, the public arid election monitors and observers form, opinions about the Police on the basis or the officer’s actions,.appearance and comportment.
iv. Every Police Officer on election duty must avoid fraternilizing with anv political party or candidate or party or polling agent, in any way that could be interpreted as being capable of compromising their impartiality. Police personnel must be equally fair, courteous and, if necessary, firm to all persons within their vicinity of deployment without concern for the party to which they belong, their political or other opinions, religion, ethnic group, place of origin, gender, wealth or other status., Any evidence or indication that a Police Officer on electoral duty showed bias towards one political party or another in any form has the potential to undermine the integrity of the elections and will be investigated by PSC, with discipl- inary action appropriately taken.
Abba is Commissioner of Police, Rivers State Command.
Suleiman Abba
Operating under the umbrella of the Coalition of Civil Society Network, the group described the ruling delivered by Justice Obiora Egwuatu as unfair and contrary to the spirit of democracy, urging the judiciary to consider the will of the people in its final determination of the matter.
Justice Obiora Egwuatu of the Federal High Court, Abuja, had on Thursday, October 30, sacked Gummi for defecting from the PDP, which sponsored his election, to the APC.
In his ruling, Justice Egwuatu held that it was morally wrong for a politician to transfer votes from one political party to another, stating that “political prostitution must not be rewarded.”
He declared that voters elect candidates based on the manifestos and ideals of their political parties. Therefore, it was both legally and morally unacceptable for an elected official to abandon that platform without relinquishing the mandate.
The court also restrained the Speaker of the House of Representatives, Tajudeen Abbas, from recognising Hon. Gummi as a member of the House, and ordered him to refund all salaries and allowances received from October 30, 2024, to the date of judgment.
Justice Egwuatu further directed the Independent National Electoral Commission (INEC) to conduct a fresh election within 30 days to fill the vacant seat.
The suit, marked FHC/ABJ/CS/1803/2024, was filed by the PDP and its Zamfara State chairman, Jamilu Jibomagayaki, who argued that Hon. Gummi’s defection violated Section 68(1)(g) of the 1999 Constitution (as amended), as there was no division within the PDP to justify his action.
But convener of the coalition, Lukman Muhammad, who addressed journalists at a press conference in Abuja on Saturday, said Hon. Gummi’s defection was a direct result of the unresolved internal crisis within the PDP, which, according to him, crippled the lawmaker’s ability to effectively represent his constituents.
He said: “We believe the court’s decision was unjust and failed to consider the circumstances surrounding Hon. Gummi’s defection. Gummi’s decision to join the APC was necessitated by the unresolved internal crisis within the PDP, which hindered his ability to effectively represent his constituents.
“We affirm that Hon. Gummi’s right to choose his political affiliation is protected by the Constitution and should be respected. We stand for democracy and the rule of law, while also urging the judiciary to consider the will of the people and the greater good”.
He urged Justice Egwuatu to review the judgment, stressing that the ruling could set a dangerous precedent that undermines the principle of fair representation and the rights of elected officials.
The coalition further noted that the judgment has broader implications for Nigeria’s democratic process, as it raises questions about the extent to which lawmakers can exercise their constitutional freedom of association without fear of losing their mandate.
The parties stated that the APC was on the verge of collapse following the recent wave of defections from opposition parties into its ranks.
In separate interviews with The Tide source, spokespersons for the Peoples Democratic Party (PDP), New Nigeria Peoples Party (NNPP), and the Coalition of United Political Parties (CUPP) —Debo Ologunagba, Oladipo Johnson, and Mark Adebayo – respectively, said an implosion was imminent in the APC.
But the APC Director of Publicity, Bala Ibrahim, stated that recent defections to the party were voluntary and inspired by the ruling party’s achievements, not through coercion. He added that the APC was well-structured, capable of managing its internal affairs effectively, and therefore would not experience any internal crisis.
In recent months, the ruling APC has continued to receive several high-profile politicians from opposition parties, particularly the PDP. Among those who have joined the APC are Akwa Ibom State Governor, Umo Eno, Delta State Governor, Sheriff Oborevwori, and the PDP’s 2023 vice-presidential candidate, Ifeanyi Okowa.
Most recently, members of the Enugu State Executive Council defected to the APC, a move followed by Governor Peter Mbah’s official declaration for the ruling party on October 14 in Enugu.
On October 15, Bayelsa State Governor, Douye Diri, announced his resignation from the PDP. Although he has yet to join another party, speculation is rife that he is on his way to the APC.
Similarly, Taraba State Governor, Agbu Kefas, confirmed last Wednesday that he would be joining the APC.
Numerous other politicians, including several lawmakers, have also abandoned their parties to align with the ruling APC.
In his reaction, Hon. Ologunagba predicted an imminent crisis within the APC, expressing confidence that those who defected would eventually return to the PDP.
He stated, “This is the major political party (PDP), and it is the only democratic party in the country. It has structures cutting across all the local governments, all the wards, and of course all the states. In every home, there are members of the PDP, and that is why the APC are jittery, and that is why they are coercing our members, using state resources and state agencies to force members of opposition parties to join the ruling party.
“But in all this, we are sure and confident that very soon, the APC will implode because it is a multipurpose political vehicle that is not going to last. It is going to implode.
“Many Nigerians will see through it and know that the party is not a political party that protects the interests of the citizens. So, they are going to leave the party and move to the major political party, which is the PDP. We are optimistic that before 2027, many Nigerians will join us because this is the truly democratic party and the only party that is out there to protect their interests.”
On his part, Mr Johnson of the NNPP lamented that the wave of defections posed a serious threat to the country’s democracy.
Mr Johnson said, “This is bad for democracy. For our type of democracy, it is important to have a proper and effective opposition. Already, we’ve seen a blurring of lines between the legislature and the executive; some would even say the judiciary. I hope not. I think many people are observing the trend and are unhappy. However, we need to be a bit more patient and see what happens soon.
“When the PDP was in power for 16 years, it was the party many people rushed into. Over time, it imploded, and many of those who joined it turned against it. So, I see that happening to the ruling APC. Definitely. This is because of the nature of Nigerian politicians; many are driven by personal interests. I always say that Nigeria can never truly be a one-party state. Even if only one party exists, it will become factionalised, with different interests and power blocs. Those pushing the country toward a one-party system may not have studied Nigeria’s political history carefully.”
In his remarks, CUPP’s Adebayo stated that the pattern of defections among politicians, particularly governors and lawmakers, was a deliberate strategy by the ruling party to transform the country into a one-party state.
Mr Adebayo said, “It is not accidental; it is a deliberate and strategic effort to entrench a one-party dictatorship. Whether these defections are forced or coerced, one thing is clear: it is an intentional action driven by the ruling party, particularly the President.
“This development is unhealthy for our democracy. It is shameful and stands against everything democratic principles represent. It is inimical to the growth and development of Nigeria as a democratic nation and poses a grave threat to our political stability.
“The implosion of the APC will come before or once it loses power. Most Nigerian politicians lack ideological grounding or principles; their loyalty lies only with the party in power. Political affiliation is tied to ideology and conviction, not convenience. However, the ideology of most politicians is simply the ruling party. If tomorrow the ADC, Labour Party, or SDP wins the presidency, many of these same politicians will abandon the APC overnight. They have no shame, no conviction, and no conscience. Their only motivation is proximity to power.”
In response, Mr Ibrahim of the APC maintained the APC would not face any internal crisis, asserting that it has the capacity to effectively manage its affairs, unlike the opposition.
He stated, “The fact that the opposition are not organised and they cannot organise primaries, neither can they manage their parties, does not mean we are on the same boat with them. Our party, the APC, has been conducting primaries successfully and rancor-free.
“So, the fact that they don’t know how to manage their party does not mean that is the way we run our own party. The APC does not coerce anyone to join. Those joining are doing so willingly because of President Bola Tinubu’s Renewed Hope achievements. Our party is fully prepared. It’s not going to implode; it’s not going to have any issues similar to the issues they have been having.”
Senator Ndume, in a statement on Saturday in Abuja, accused both the executive and legislative arms of complacency, saying their failure to proactively engage the United States government on the alleged persecution of Christians in Nigeria led to the development.
The senator recalled that he had earlier sponsored a motion in the Senate on “Christian genocide” in the country. The motion, he said, led to resolutions mandating the Nigerian government to engage the U.S. with verified facts and figures.
President Trump, last Friday, announced the designation of Nigeria as a ‘Country of Particular Concern’ over alleged persecution of Christians.
President Trump made the announcement via a post on his Truth Social platform, which was also shared on the official White House X handle.
“Thousands of Christians are being killed. Radical Islamists are responsible for this mass slaughter,” President Trump wrote.
But the Nigerian government swiftly rejected the claims, insisting that President Trump’s assessment did not reflect the true situation in the country.
However, Senator Ndume accused the President Tinubu’s administration and the Senate of treating the allegation raised by US lawmaker, Riley Moore, with complacency, prior to President Trump’s declaration, and urged the federal government to take urgent steps to engage the US government with facts and figures on the activities of terrorists organisations which, he noted, were blind to faith.
“I have alerted the government, I even moved a motion. Nigeria is a sovereign state, it isn’t about what the United States can do to us, but about the misconception and the ripple effects of classifying us as a country of concern.
“We should engage the American government by presenting facts and figures. By engaging the US government, we should demand that they hear the other side of the story from the Nigerian government and the Muslim community. Muslims have been killed too. The genocide isn’t against Christians but Nigerians generally,” he said.
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