Rejection Of Electronic Transmission Of Election Results By Senate Is A Legislative Rascality

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*Says Making Election Transmission Subject To The
Supervision Of NCC Is Unconstitutional
*Says Since N4 Billion Was Budgeted For Monitoring Of Social Media,
More Amount Be Set Aside For Electronic Reforms

The Chairman of the Nigerian Bar Association Section on Public
Interest and Development Law, NBA-SPIDEL, Dr. Monday Ubani, has
reacted to the rejection of the electronic transfer of election
results

Ubani, in a statement made available to Nairalaw, said
Nigeria is having a bad leadership as a result of the defective
electoral process. He said most politicians occupy offices
fraudulently, not from the mandate of the people.

Ubani lamented that all infrastructures in Nigeria are in total
decay. He also expressed disappointment that while most smaller
countries have deployed technology in their electoral process long
ago, is now that Nigeria is taking such step and even at that, the
NASS is still debating it.

The statement reads in part, “The furore in the national
assembly over the recent amendment of the electoral bill has not
escaped the attention of millions of Nigerians who have been
following the said exercise with religious interest.

“The process of recruitment of leadership in Nigeria has been a
big problem with the country having a fair share of misgovernance
as an unintended consequence flowing from unfair electoral process
over the years. You cannot plant maize and reap mango says an
African proverb.

“The affliction of bad leadership stems from a defective
electoral process that is devoid of any iota of fairness. We are
besseted with electoral manipulations, ballot snatching,
result-falsifications and all manner of electoral frauds from
desperate politicians and their thugs who pervert the process to
ascend to power.

“The consequence is that those who emerge and occupy political
positions in Nigeria do so fraudulently without any mandate fairly
donated by the people, thereby breaching the fundamental term of
the famed social contract theory propounded by early philosophers
that led to formation of modern society.

“For us as a nation, life just like in the beginning, has
remained short, nasty and brutish despite being on the historical
side of modernity. Is anyone in doubt in Nigeria that our
leadership has deliberately kept the country retarded, visionless
and crisis-riden since independence? Why, you may ask.

“The answer is not far-fetched, you cannot give what you do not
have. Leaders who know nothing about governance and the attendant
responsibilities attached to it, unfortunately, find themselves in
corridors of power and have not failed to dish out mediocrity as
their valuable asset.

“All critical infrastructures are in total decay while our
Institutional services are non-existent.

“While pursuing my first degree in University of Nigeria, Nsukka
I saw British, Americans and some African brothers in my respected
Alma Mata either for their first degrees or pursuing their
post-graduate studies.
As at today, you will not see any of our African brothers or
sisters in our universities let alone other students from other
continents. Again the reasons are not far-fetched and do not
require any elaboration.

“The truth remains that we have had enough share of
misgovernance, lack of development or progress due to inept
leadership and the recruitment process is clearly implicated.

“Stakeholders and patriots have diagnosed Nigeria’s sad
historical trajectory and agreed amongst other solutions that we
need to holistically tinker with our electoral legal framework
which needs realignment with modern realities and international
best practices.

“One of these desired broad electoral reforms involves the
deployment of technology in our electoral process.

“It is shameful that Nigeria with her size, resources and
sophistication are even starting late on this because other nations
smaller in size, resource, sophistication have deployed this system
years ago and here we are in the year 2021 debating whether we
should deploy technology in the transmission of our electoral
results.

“I feel humiliated by such scenario playing out in the hallowed
Chambers of our National Assembly. Who does that, if I may ask.

“The macabre dance over this started in the National Assembly
with confirmed allegation that the Bill which passed third reading
under the chairmanship of Senator Kabiru Gaya of INEC Committee has
been altered to block electronic transfer of election results.

“The Senate President called Nigerians every printable names for
daring to challenge the alleged alterations. They had to restore
the electronic transfer clause, and I am sure, it was done
grudgingly.

During the clause-by-clause consideration of the bill, their
treachery could not be hidden any longer as one Senator Sabi
Abdullahi, Deputy Senate Whip proposed that the Nigerian
Communications Commission(NCC) must certify that national coverage
is adequate and secure while the National Assembly must approve
before the Independent National Electoral Commission (INEC) can
transmit election results.
This was promptly countered by Albert Bassey, Senator representing
Akwa Ibom North-East who insisted that the initial proposal which
provides in Section 50(3) that:
‘The Commission may transmit results of elections by electronic
means where and when practicable’ should stay.

“After division of the whole house in plenary, the result was 52
in favour of subjecting INEC to undue interference in the
performance of their mandatory duty of organising elections in
Nigerian by Nigerian Communication Communication and the National
Assembly contrary to the express provision of the constitution,
while 28 Senators voted for the retention of the original clause
that gives INEC discretionary power in carrying out its
constitutional responsibility in transmission of results.

“The situation in the House of Representatives was not different
but more dramatic as the man who presided over the plenary did not
hide his disdain to observance of the very rules that guide
proceedings in the House. The Deputy Speaker, Hon Ahmed Wase to say
the least is a big minus to democracy who does not believe in
adherence to rules and procedures of the House. He and
his majority leader, Alhassan Ado-Doguwa are in the
world of their own. By their attitude they own Nigeria, House
of Representatives and everything in it, to say the least.”

Furthermore, Ubani said the amendment of the Electoral Act to
make transmission of results subject to the supervision of Nigerian
Communication Commission is unconstitutional

Citing sections 78 and some paragraphs of third schedules
thereto, he argued that INEC is empowered to act independent of
anybody or authority.

Ubani said the lawmakers have turned themselves into
lawbreakers. That they are setting the hand of clock backwards by
rejecting electronic transmission of results adding that since N1
billion was budgeted for monitoring of Nigerians on social media,
there’s no reason more money cannot be set aside for electoral
reforms.

“What the National Assembly members did by passing a bill that
clearly violates the constitution they swore to uphold is the
biggest embarrassment of the century. It is more shocking and
depressing to see those who claim to be lawyers amongst them
running around all over the place to defend the absurd illegality.
Who did this to us as a nation?
How did we get here, many are asking.

A cursory look at the provisions of the constitution will give
each observer a clearer view of the sordid absurdity in the passage
of the bill by the National Assembly on the 16th of July, 2021.

“Section 78 of the 1999 constitution as Amended provides:-
‘The registration of voters AND CONDUCT of elections shall be
subject to the DIRECTION AND SUPERVISION OF INDEPENDENT NATIONAL
ELECTORAL COMMISSION,(INEC).

“The same constitution in the Third Schedule, Part 1, F, S.15
provides that: ‘INEC has the power TO ORGANIZE, UNDERTAKE, AND
SUPERVISE ALL ELECTIONS’. The constitution further provides that in
carrying out the aforementioned responsibilities, ‘INEC operations
SHALL not be SUBJECT TO THE DIRECTION OF ANYBODY OR AUTHORITY’.

“The question then, is the so-called affirmation of network
coverage and its security by NCC and approval of the National
Assembly(a party to an election) not an undue interference to
INEC’s power to transmit the result of an election which falls
squarely under their constitutional power?

How did the members of the National Assembly see their role in
approving the issue of network coverage as proper under our
constitutional democracy when the role assigned by the constitution
to them is LEGISLATION and not EXECUTION of the laws they
enact?

“I shudder to think that our legislators who are lawmakers have
turned themselves into lawbreakers.

“Prior to now, INEC without any legislative backing have
successfully conducted elections with card readers and have
transmitted results electronically in several constituencies in
Nigeria without any of these “alarmist drawbacks” being trumpeted
by these backwards-thinking legislators that voted for that
provocative amendment. Why are these set of legislators in
the 9th Assembly trying to set the hand of our clock backwards?
What have come over them?

“Nigerians insist and I join them in insisting that INEC be
given a fair and less restrictive legal framework to carry out
their constitutional duties of organising, undertaking and
supervising elections in Nigeria.
The present manipulative treachery to keep us stranded as a nation
in our electoral improvements will be resisted with our last
strength and we have the final hope placed on the third arm of the
government( the judiciary) should these set of legislators persist
in their doomed journey of interfering on our progressive electoral
journey as a nation.

“Nigeria has two years to ensure 100 per cent network coverage
in the whole country, after all, the Nation is alleged to have
voted over 4 billion naira recently to monitor Nigerians on social
media platforms. I see no reason why we cannot vote more billions
of naira for development of our key tele-communication
infrastructure that will restore our dignity as the biggest country
in African continent. #SayNoToLegislativeRascality.”