Following the recent Supreme Court ruling on leadership tussles in the Peoples Democratic Party (PDP) and Labour Party (LP), where it ruled principally that such issues are not justiciable by courts, a constitutional lawyer and former National Commissioner, Independent National Electoral Commission (INEC), Festus Okoye, has asked all political parties in the country to grow up and develop a sincere internal mechanism to resolve their internal rancours as they may come.

In this interview with Sunday Sun, he also hinted on how poor births and deaths records have threatened the integrity of voter?s register, among other sundary issues.

What are the procedures for voter registration in Nigeria, and how can the electoral commission ensure that the voter register is accurate and up-to-date?

The voter register is the foundation of the electoral process. It contains the names of individuals who have reached the age of maturity and do not face any constitutional or legal obstacles to voting in elections. Section 12 of the Electoral Act, 2022, outlines the eligibility criteria and requirements for voter registration. It states that a person is qualified to be registered as a voter if they are a citizen of Nigeria, have attained the age of 18 years, are ordinarily resident in, work in, or originate from the Local Government, Area, or Ward covered by the registration centre, present themselves to the registration officers of the Commission for voter registration, and are not subject to any legal disqualification to vote under any applicable law, rule, or regulation in Nigeria. When these groups of individuals register, the voter register may accurately reflect the voting population. The accuracy and integrity of the voter register is a shared responsibility between citizens and the electoral management body. The electoral management body must ensure that all eligible citizens who present themselves for registration are registered. It is the responsibility of the electoral management body to ensure that non-eligible registrants do not enter the voter register, as doing so would compromise its integrity. Unfortunately, some anti-democratic forces focus on the voter register and encourage individuals to register multiple times to corrupt the electoral system and rig elections. Moreover, Nigeria has a weak system for maintaining records of births and deaths, resulting in the names of deceased individuals remaining on the register for an extended period. Furthermore, during the display of the voter registers for claims and objections under Section 19 of the Electoral Act, the response of Nigerians is poor. The names of dead persons remain on the register. The names of persons who have relocated remain on the register. The names of multiple registrants remain on the register. An accurate voter register is a collective responsibility, and Nigerians must not allow or encourage the manipulation of the register or the inclusion of non-eligible individuals. The electoral management must continuously update its processes and procedures while developing the technical skills necessary to detect anomalies in the voter register. The clean-up of the voters? register must be a continuous process.

Are there Issues considered pre-election matters in Nigeria?s courts, and how have recent court judgments regarding the People?s Democratic Party (PDP) and Labour Party impacted the resolution of these issues?

The National Assembly has resolved the confusion surrounding pre and post-election matters. Before the alteration of Section 285 of the Constitution, separating pre and post-election matters was difficult. Sometimes, pre-election matters are filed as post-election litigation and litigants and petitioners are confused. Section 285 (14) of the Constitution states clearly that ?pre-election matter? means any suit by an aspirant who complains that any of the provisions of the Electoral Act or any Act of the National Assembly regulating the conduct of primaries of political parties and the provisions of the guidelines of a political party for conduct of party primaries has not been complied with by a political party in respect of the selection or nomination of candidates for an election; an aspirant challenging the actions, decisions or activities of INEC in respect of his participation in an election or who complains that the provisions of the Electoral Act or any Act of the National Assembly regulating elections in Nigeria has not been complied with by the INEC in respect of the selection or nomination of candidates and participation in an election; and a political party challenging the actions, decisions or activities of the INEC disqualifying its candidate from participating in an election or a complaint that the provisions of the Electoral Act or any other applicable law has not been complied with by INEC in respect of the nomination of candidates of political parties for an election, timetable for an election, registration of voters and other activities of the Commission in respect of preparation for an election. The courts are clear that ?the only grievance that can be accommodated by the Federal High Court from an aspirant as a pre-election matter is of such nature that relates to allegations of breaches or non-compliance with any of the provisions of the Electoral Act or any other Act of the National Assembly and the guidelines of a political party. Therefore, unless it is ascertained that the complaint in a suit relates to alleged non-compliance with the Electoral Act or any other Act coupled with alleged non-compliance with the provisions of the guidelines of a political party in connection with the nomination or selection of a candidate of a political party for election, such an action cannot be regarded as a pre-election matter.? The recent court decisions on the PDP and Labour Party do not fall within the ambit of pre-election matters. The two decisions revolve around whether leadership disputes in political parties are justiciable and whether the courts can intervene and resolve the leadership challenges in some political parties. Political parties must develop, strengthen, and respect their internal party dispute resolution mechanisms. The courts are not equipped to delve into purely partisan issues that will embroil it in the mud of partisanship. The Supreme Court has been clear and consistent that political parties are supreme over their affairs and no court can inquire into the issue of membership or leadership of political parties. The question of membership of a political party is outside the purview of the court?s jurisdiction. It is a matter which only a political party can decide. To inquire into such a matter will amount to a court poking into the internal or domestic affairs of a political party and dictating to its members how the affairs of the party are to be conducted. What are the implications of the recent court judgments (PDP and LP) limiting judicial intervention in political party affairs? It means that political parties must put their houses in good shape to enable them to compete effectively for political power. A disorganized political entity cannot be trusted with power. On election day, political parties are on the ballot not necessarily the candidates. Political parties hold primaries and nominate candidates. A political party in crisis may not organize primaries and nominate candidates. The electoral management body gives a ?token? to the National Chairman and National Secretary of political parties to access its portal and nominate candidates. A party in crisis may inadvertently contest election and it would be said not to be on the ballot in the first place. The courts must distance themselves from matters with a heavy dose of politics. In the long run, the parties will learn from their mistakes, correct them, or go into oblivion.

What are the key considerations for determining the validity of a primary election in Nigeria?

Political parties have the exclusive right to choose the mode of primaries and conduct their primaries. However, party primaries must be conducted under the guidelines, regulations, constitution of the parties, the Constitution of Nigeria, and the Electoral Act. Political parties are limited to three modes of primaries, direct, indirect, and consensus primaries. These are articulated in Section 84 of the Electoral Act. The National Executive Committee of the political parties applies for and fixes the date and conducts the primaries. State Chapters and state organs of political parties cannot conduct valid primaries. Primaries must also be conducted in the State Assembly constituency, Federal Constituency, Senatorial District, and State Constituency. Primaries conducted outside these constituencies cannot produce a valid candidate. Political parties must also forward the names of aspirants who emerged from validly conducted primaries. It is important to emphasize that the right to nominate or sponsor a candidate is a domestic affair of the party and the courts have no jurisdiction to determine who a political party should sponsor. The courts will only intervene if the party breaches its constitution and guidelines in the conduct of the primaries.

How do the courts view disputes arising from party leadership, and primaries, where can the NBA come in?

The courts do not have jurisdiction over leadership challenges in political parties. Political parties must conduct their affairs and resolve their internal disputes. Unfortunately, parties and their solicitors have been adamant and still insist on burdening the courts with their leadership challenges. Some cases drag the courts into partisan politics and present a bad image of the courts. The Bar Association must call out our colleagues who deliberately and intentionally encourage these litigants. We must have the courage to advise our clients honestly and professionally. Election matters are said to be decided within 180 days.

What is the process for filing election petitions, and what are the key considerations for determining the validity of an election petition?

The Constitution, the Electoral Act, and the courts classify and regard election matters as being in a class of their own. Election petitions are unique. They are not criminal proceedings and not civil proceedings. Election petitions are in a class of their own and governed by unique timelines embedded in the Constitution. The Electoral Act, 2022 sets out the practice and procedures of election petitions tribunals. The President of the Court of Appeal also designs practice directions for the courts and the tribunals. Aspects of the Evidence Act and the Federal High Court Civil Procedure Rules apply to election petition proceedings. Section 285 of the Constitution provides that an election petition shall be filed within 21 days after the date of the declaration of the result of the elections; an election tribunal shall deliver its judgment in writing within 180 days from the date of the filing of the petition; an appeal from a decision of an election tribunal or Court of Appeal in an election matter shall be heard and disposed of within 60 days from the date of the delivery of the judgment of the tribunal or Court of Appeal. The petition must arise from a post-election matter and be filed by the candidate or the political party that sponsored him.

What mechanisms are in place for resolving electoral disputes in Nigeria, and how effective have these mechanisms been in promoting electoral integrity?

Some disputes are exclusively within the compass and competence of the political parties. These are disputes regarding the party leadership, and who to sponsor as a candidate. Internal disputes must be resolved using the party?s internal mechanisms. These disputes are not justiciable as they have a dose of politics. The Courts will not determine for a party who its leaders should be and who it should clear to contest party primaries. Pre-election disputes are governed by strict timelines as provided in section 285 of the Constitution. The Federal High Court has exclusive jurisdiction over pre-election matters. Election Tribunals handle various aspects of post-election litigation. The Court of Appeal serves as the Election Tribunal for presidential election petitions. Ordinarily, the choice and verdict of the electorate should be the ultimate decider of electoral victory. However, in conducting elections, mistakes may be made, unqualified candidates may sneak onto the ballot and get elected, people who did not meet the requisite threshold may be declared as elected and people may use corrupt means to assume power. In such circumstances, the Courts must step In and right the wrong. Some judgments are indeed confounding but they are in the minority. We must not lose hope in the judicial process because of a few cases. The alternative to an ordered society based on the rule of law and due process is anarchy.

There is the Electoral Act 2022 part of which talks about pre-election issues, specifically, what significant changes has it introduced to the electoral process in the country?

Section 285 of the Constitution was designed to achieve two purposes. The first is to have all pre-election disputes decided before the actual election. In other words, pre-election disputes are not supposed to dovetail into the actual election. Before Section 285 of the Constitution, some pre-election disputes dovetailed into the election period and sometimes lasted for almost four years thereby outliving the regime. The Electoral Act, of 2022 has also reduced incidents of forum shopping. Before the 2022 Act, the High Courts and the Federal High Court exercised concurrent jurisdiction on electoral matters. Aspirants, candidates, and political parties moved from state to state looking for ?a soft ground?. Forum shopping is still going on but the law has considerably reduced it. The timelines in Section 285 for the resolution of pre-election disputes are strict. They are immovable and must be strictly complied with. It is possible to resolve all electoral disputes before swearing in and this must be with the concurrence of the critical stakeholders in the electoral process. Candidates and political parties file election petitions for different reasons. Some believe there has been undue election or undue return in an election. Some are for transactional purposes or visibility. A combination of all these complicates matters in election petitions. Election Tribunals must be firm, fair, and pander to the democratic health of the country. The important thing is to conduct an election that domiciles sovereignty with the Nigerian people.

Can the commission honestly discharge its statutory duty without undue inducement by political parties?

The Electoral Reform Committee (The Justice Uwais Committee) of which I was privileged to serve as a member recommended the creation of a Political Parties Registration and Regulatory Commission to handle issues relating to the registration and regulation of political parties. The 2014 National Conference endorsed and recommended its creation. The electoral management body recommended its creation. The National Assembly must accelerate work on the pending bill as it will insulate the Commission from the perception of political pressure and interference. The bare facts are that Nigerians conduct elections. The over 1, 500,000.00 Presiding Officers and Assistant Presiding Officers are National Youth Service Corp members and students of Federal tertiary institutions in their penultimate year. The Collation Officers in the 8,809 Registration Areas and 774 Local Governments and Area Councils are lecturers in institutions of higher learning. We must collectively resolve to support the electoral process.

As ex commissioner, what was INEC doing to ensure the integrity of the electoral process, and how can it balance its independence with the need for accountability?

I can?t speak for the Commission now, but I know that several reforms have been introduced to solidify the centrality of the peoples? choices in the electoral process. The Commission introduced and enhanced the registration process. It introduced the INEC Voter Enrolment Device (IVED) for voter registration (Introduced to improve data capturing at the point of enrolling voters-facials and fingerprints, migrating from the initial mono-biometrics of fingerprints to bimodal biometrics of fingerprints and facials). It introduced the Voter Registration Online Portal. The portal gives voters access to pre-enroll for voter registration, update their details, transfer their registration, and submit details for permanent Voter Card replacement and the location of their Permanent Voters Cards. It introduced the Automated Biometric Identification System (ABIS) to remove multiple and double registrants. It introduced the Bimodal Voter Accreditation System (BVAS) for voter accreditation. It introduced the INEC Result Viewing portal (IREV) for result uploads. It introduced the INEC Candidate Nomination Portal (political parties use this portal to upload the list and personal particulars of their validly nominated candidates. It introduced the Media Accreditation Portal. Media organizations use the portal to apply for accreditation to cover a scheduled election. It introduced the Observer Group Portal. Registered domestic election observers, international observers, and embassies apply for Observer accreditation to deploy observers to observe scheduled elections. It introduced the INEC Political Party Polling Agents Portal enabling political parties to upload polling and collation agents within an integrated system. Ensuring electoral integrity is a collective effort and all critical stakeholders must commit to it. The electoral management body is a public trust and must be open to scrutiny and accountability. The political parties must also develop a new democratic and accountability spirit committing to clean and transparent elections.

Are you in support of the recent proposal that all elections be heald in one day?

It amounts to dangerous encroachment on the powers and functions of the electoral management body to deny it of the important duty of sequencing elections. The third schedule to the Constitution states that the Commission shall organize, undertake, and supervise all elections to the office of the President, Vice President, Governor, and Deputy Governor of a State, and to the membership of the Senate, the House of Representatives and the House of Assembly of each State of the Federation. We must trust the Commission to do the right thing. Secondly, it is dangerous to put all democratic structures at risk. We must be mindful of the possibility of a breakdown of law and order on election day and the constitutional provision requiring all elected Governors, the President, and members of the National and State Assemblies to vacate office at the expiration of four years. We must leave room to recalibrate the electoral process to avert constitutional crisis and democratic reversal. (Sunday Sun)

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