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