Guardrails against divisive election litigation

POLITICAL behaviour in Nigeria is still so primitive. The Chairman of the Independent National Electoral Commission, Mahmoud Yakubu, recently reinforced this when he expressed concern and frustration over the burden of expenses INEC bears due to rancorous primaries conducted by various political parties. He lamented that infighting within political parties often produces controversial candidates. In turn, aggrieved contenders disrupt INEC’s activities through expensive litigation.

Specifically, Yakubu raised the alarm ahead of the off-cycle governorship election in Edo, scheduled for September 21. Fearing the obvious, he stated that the primaries in the All Progressives Congress, Peoples Democratic Party and Labour Party were acrimonious.

Yakubu said that APC upturned its initial primaries when three persons emerged as “winners.” One of the contenders threatened to go to court. It afterwards conducted another. As for the PDP, and LP, they conducted parallel primaries leading to the contentious emergence of two candidates each.

Consequently, INEC continues to battle costly litigation, resources that could be used for other beneficial activities. The umpire said it budgeted N3 billion to defend the results of the 2023 elections.

According to a global NGO, Kimpact Development Initiative, 1,209 petitions were filed by candidates and political parties during the 2023 general elections. Of the 1,209 petitions, only 103 were upheld by the Elections Petitions Tribunal. Unfortunately, litigation disenfranchise the electorate, and dent the legitimacy of those who emerge victorious through the courts.

Although INEC recognises the recurring problems inherent in faulty party primaries, the law has failed significantly to explore the sound conduct of primaries from other democracies.

By law, INEC only monitors the primaries while the party presents its candidate to the umpire. While primaries remain strictly a party affair, there is an urgent need to revamp the electoral laws to limit the excesses of political parties and instil decorum in the conduct of primaries in the country.

In April, the governorship primaries will hold in Ondo State. Since March, the aspirants in the political parties have started beating the drums of war. It promises to be divisive.

In part, rancorous party primaries are due to the obscene perks of office. The President, governor and lawmaker enjoy untrammelled benefits in office. In awareness of this, aspirants go to any length to conquer political power. For instance, a ranking senator in the 10th NASS has received N500 million for constituency projects for the year. Others received between N75 million and N200 million.

The President enjoys a fleet of aircraft for his travels. Bola Tinubu, during his first visit to Lagos as president, rode in a convoy of 200-plus vehicles. Governors spare nothing to enhance their convoys and pleasure.

In politics, primaries are a linchpin for good governance because the process is expected to build consensus among party members, who should present the candidates that best embody their ideological values to the electorate. In Nigeria, this is not so, as the electorate is limited by the options presented by the political parties.

Here, the political parties lack the ideological backbone that drives their politics. They are mere special purpose vehicles to capture power and wealth by the political class.

The Democratic Party in the United States is known for its liberalism, including same-sex marriage. It supports social justice, economic equality, environmental protection, healthcare access and progressive social policies. On the other hand, the key principles of the Republican Party are limited government, free market capitalism, strong national defence, traditional values and individual liberties such as gun rights and free speech. There, both politician and electorate pit their tent with the values of the parties during and after elections.

Crucially, the off-cycle elections in Edo and Ondo in September and November respectively are test cases for INEC’s preparedness for the 2027 general elections.