Politics
S’Court’s Decision Puts Nigeria’s Electoral Justice At INEC’s Mercy -Ex-Minister
Former sports minister, Solomon Dalung, says the ruling of the Supreme Court on the disputes from the 2023 presidential election has set a crucial precedent in Nigeria’s electoral framework, putting clandestine relationships between politicians and chiefs of the Independent National Electoral Commission (INEC) as top requirement to win elections over the choice of electorates and popular democratic participation.
Mr Dalung, who served under former President Muhammadu Buhari between 2015 and 2019, said people who participate in elections without “befriending” the electoral commission’s chairman may not get justice.
“I’m busy trying to study and I have been advising those who are interested in election to campaign in INEC offices, try to befriend Professor Mahmoud because anything outside this, you are not going to get justice,” he said.
This position, Mr Dalung argued, has far-reaching implications for the integrity of the electoral process in ways that could potentially impede popular democracy in the country’s governance and political system.
Mr Dalung described the October 26 ruling, which affirmed President Bola Tinubu’s administration, has “reconfigured democracy.”
“After the 2023 elections and the fireworks in the Supreme Court, of course, I am armed with the new jurisprudence of election in Nigeria which the Supreme Court laid to rest by reconfiguring democracy,” Mr Dalung said while addressing journalists at an event organised by the Hague Institute for Innovative Law recently in Abuja.
He said that the ruling had granted significant policy and operational powers to the electoral body, which emphasises INEC’s power to establish rules for the conduct of elections and, in convenient instances, fraudulently overturn the rules mid-process if the results are perceived to be unfavourable to certain interests.
“With that landmark judgement, election in Nigeria now means INEC. So, if you want to contest elections in Nigeria, you have to lobby INEC, you have to go to INEC. That is the decision of the Supreme Court. That INEC, even if they make bye-laws regulating elections, they will jettison it even at midnight and declare anybody and you cannot hold them accountable,” he said, adding, “I think politicians should study the judgement and understand that there is a radical departure from what is called elections in Nigeria.”
Mr Dalung’s remarks align with those of other prominent figures who have expressed criticism regarding the conduct and outcomes of the 2023 elections. A common point of contention has been the deviation by the Independent National Electoral Commission (INEC) from its initially stipulated rules and procedures for the polls.
Key opposition parties, particularly the Peoples Democratic Party (PDP) and the Labour Party, contended during the tribunal proceedings that INEC had outlined procedures, including the electronic transmission of results but refused to follow it, blindsiding some political parties and the majority of the electorates.
However, the Court of Appeal presidential election petition tribunal, with its decision upheld by the Supreme Court, maintained that the current electoral laws in the country do not mandate electronic transmission of results.
Accordingg to the statement, the Board and National Executive Committee of PANDEF, noted with very grave concern the recent spate of political developments in Rivers State.
“Regrettably, these developments have now degenerated into the decision of the Rivers State House of Assembly to commence impeachment proceedings against the governor and deputy governor.
“This is a deeply disturbing situation that demands urgent attention in order to forestall further escalation and breakdown of law and order.
“This concern is heightened by the critical importance and strategic centrality of Rivers to the Niger Delta region and to the broader socio-political stability and economic wellbeing of Nigeria as a whole”, the statement said.
The Forum called on all parties involved in the resurgent political imbroglio to sheathe their swords and embrace peace.
“This should be guided by the principles of give-and-take, dialogue, tolerance, and political equanimity.
“All stakeholders must place paramount importance on peace, development and the welfare of the people of Rivers.
“We must now focus squarely on good governance and development of the state,” the Forum said.
PANDEF commended President Bola Tinubu, the leadership of the All Progressives Congress (APC), respected elders of Rivers State, and other well-meaning Nigerians for their previous and ongoing efforts aimed at restoring peace and stability in the state.
Speaking in an interview on Saturday, January 10, Chief Sara-Igbe alleged that the minister had flouted regulations governing the commencement of electioneering campaigns by moving from one local government area to another to galvanise political support.
According to him, the action amounted to a clear breach of electoral guidelines being carried out with a troubling sense of impunity that could undermine the rule of law.
“Wike has violated the electoral laws of campaigning by going from local government to local government to talk to the people. He travelled from one local government to another. As a result of his visits to local government areas, he has broken election regulations and continues to do all these things without fear of repercussions”, Chief Sara-Igbe said.
The remarks came as Chief Wike was set to round off a state-wide “thank-you” tour that covered all 23 local government areas of Rivers State.
Although the minister had described the tour as an appreciation visit following support for President Bola Tinubu in the 2023 general elections, critics say the engagements have assumed an overtly political character.
Observers note that during several stops, including recent visits to Andoni and Bonny local government areas, the minister rallied supporters across party lines under what he termed a “Rainbow Coalition,” a move widely interpreted as part of a broader political strategy.
During these engagements, Chief Wike was also reported to have made remarks perceived as a veiled challenge to the authority of Governor Siminalayi Fubara, while repeatedly referencing the 2027 elections and urging supporters to prepare to “correct the mistake” of 2023.
Chief Sara-Igbe warned that allowing such activities to continue unchecked could erode public confidence in Nigeria’s electoral process and called on relevant authorities to enforce existing laws without fear or favour.
The Commission, in a statement on Wednesday, claimed that there were plans by the same group to escalate a smear campaign against its Chairman, Ola Olukoyede, to frustrate ongoing investigations and prosecutions involving prominent individuals.
The statement endorsed by the agency’s spokesman, Mr Dele Oyewale, claimed that the action was intended to distract the Commission through unfounded allegations of political bias in the discharge of its duties.
The EFCC warned that it would not stand by and watch “those recruited into this ignoble enterprise” or allow any attempt to derail it from “the patriotic task of improving public accountability in Nigeria.”
The Commission made it clear that those recruited into this venture were under close watch, adding that it would not tolerate any attempt to distract it from the patriotic task of improving public accountability in Nigeria.
“The EFCC reiterates its non-political stance in all its activities. Facts on the ground clearly show that any political actor belonging to the ruling party or opposition party, with corruption baggage, has no hiding place from the operational radar and dynamics of the Commission.
“As a matter of fact, several strong members of the ruling and opposition parties are either facing trial before the courts or being investigated by the Commission.
“It is needful that Nigerians appreciate the fact that the Commission is keeping faith with its Establishment Act in all its operations.
“Therefore, the Commission reiterates its commitment to justice, without fear or favour, in the fulfilment of its mandate,” the statement pointed out.
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