The Adamawa state Governorship election which started on 18th March 2023 will remain in the memory of Nigerians and other keen observers of the Nigeria electoral process in the international community.This is not only because of the declaration of the election as inconclusive which made INEC to organise a re-run but the drama,anxiety and intrigues that resulted from the illegal declaration of the candidate of APC,Aishatu Dahiru Binani as the winner by the now suspended Adamawa state Resident Electoral Commissioner(REC),Mr. Hudu Yunusa – Ari even before the completion of the collation process.
The eventual conclusion of the Governorship election and official declaration of the Winner is therefore viewed by many political analysts as triumph for democracy and not only for the candidate of the PDP,Ahmadu Fintiri who was announced the winner of the election on 18th April 2023 by the Adamawa State Governorship election returning officer,Prof. Mele Mohammed.
The successful conclusion of the election came as a big relief to patriotic Nigerians who stood firm and resolute against the affront to Nigeria’s electoral laws and threat to our nascent democracy by the illegal action of the suspended Adamawa state REC.
There is no gainsaying that several Nigerians made huge sacrifice to ensure that our country returns to constitutional and participatary democracy in 1999.They cannot therefore afford to be indifferent through their actions or inactions and watch the hard won democracy to be threatened by few unpatriotic elements for their narrow and selfish interests.Allowing this to happen will amount to toying with the destinty and future of our country. The loyalty of the Nigerian people should always be first and foremost to our beloved country before the political party they belongs to or the candidates they support.
All people of good conscience should remain firmly committed and resolute to the entrenchment and deepening of democratic ethics and values by always insisting that people elect their leaders through free, fair and credible elections based on extant laws and regulations prescribed by the laws of our country.
Every constitutional democracy is built and strengthened through the strict adherence to the rule of law and not rule of men or their discretion.Nigeria’s democracy cannot be an exception.Our twenty-four years of democratic journey should have laid a solid foundation to the basic democratic tenets of justice,fairness,respect for human rights and unwavering adherence to the rule of law.
The illegal declaration by the Adamawa state REC is a clear affront to Nigeria’s electoral laws and regulations which made it a highly condemnable act.This act of impunity can only be committed by an unpatriotic public servant who do not respect the extant laws and regulations governing the conduct of elections in Nigeria.It is utterly suprising and highly condemnable how very senior security officers that are saddled with the responsibility of providing adequate security for the collation centre stood aloof while Mr. Hudu Yunusa – Ari made the illegal declaration.It therefore did not came as a surprise to Nigerians when the Inspector General of Police ordered the immediate redeployment of the Adamawa state commissioner of police.
There is no doubt that the only person constitutionally empowered to declare the Governorship election result is the State returning officer and there is no doubt that as a trained lawyer,the Adamawa REC is very well aware of this provision of the law.He probably acted contrary to the provisions of the electoral law with the wrong assumption that he might get away with his illegal act.The reaction of the Independent National Electoral Commission (INEC) on the illegal declaration was however immediate, swift and highly commendable.The Commission immediately issued a statement on its verified twitter handle declaring the illegal declaration as null,void and of no consequence whatsoever.INEC went further to suspend Mr. Hudu Yunusa-Ari and directed him to stay away from it Adamawa state office. The commission also communicated with the office of the Inspector General of Police urging him to investigate the illegality committed by the suspended Adamawa state REC for his possible prosecution.
The candidate of the APC Aishatu Binani erred by approaching the High court to seek clarification on the illegal declaration that already INEC described as null and void. This is clearly an attempt to build something on nothing which is not tenable in law.Binani should have tarry a while immediately the National headquarters of INEC declared the illegality committed by Mr. Hudu Yunusa- Ari as null and void and of noconsequence.Approching the High Court to seek for clarification on the declaration of an election that has not been concluded appears to be an abuse of court processes.
The opinion of several legal luminaries is that Aishatu Binani don’t have any reasonable ground of going to court because the collation process for the Governorship election she want the court to adjucate on has not been concluded.There were outstanding results from Polling units in 10 Local Government councils that need to be collated by the state Governorship returning officer before a winner could be legally declared.Also,the only court that has Jurisdiction to hear post election matter pertaining to Governorship elections is the Governorship election tribunal and not the High Courts.A plaintiff that institute a case against an ongoing election process that is yet to be determined could be liable and be charged with the abuse of court processes and procedures.
There is no doubt that several Nigerians and keen observers of Nigeria’s democratic journey wanted Aishatu Binani to win and make history as the first female to be democratically elected Governor in Nigeria.It is obvious that Binani was taken away by the frenzy of this support she garnered and became desperate to occupy the office of the Adamawa state Governor.While it is a imperitive that we seek for gender inclusion in our democratic journey,we need to ensure that victory for all contestants including females are democratically determined based on the laid down electoral laws and regulations and not through unethical practices.We should not lose sight of the fact that both men and women can only derive electoral mandate and legitimacy from the people through strict adherence to the electoral laws and regulations provided by INEC and not through acts of illegality.
Polical Parties are critical institutions in every democracy and the action of their members must always be in accordance with the esterblished rules of political contest whether they are winning or losing.This is the most sure path to the strengthening of democratic culture and institutions.It is therefore imperitive that Nigerian citizens uphold and adhere to democratic ethics and values which should always come first and above their loyalty to a political party or a candidate they support.
Nigerians must not allow their support or loyalty to a political party or candidates becloud their conscience and sense justice.What is wrong stand to be condemned even if it appears on its face value to favour the political party or candidates we support.
Unwavering committment and strict adherence to the rule of law is the most formidable way to strengthen our political and democratic institutions for the deepening and sustainance of our democracy.
Countries that demonstrated unwavering commitment to the rule of law including respect for their electoral laws are considered more reliable by the international community for investment and strategic partnership which is imperitive to sustainable economic growth and development.Electoral legitimacy derive from credible and transparent elections improves investors confidence and increase appetite for investment in a country.There are therefore tangible economic gains for countries that entrench transparency in their electoral processes.This is in addition to the respect and prestige accorded to them which substantially add to their soft power in the international arena.
Dr. Mijinyawa Bashir Bello is a Consultant Physician and a Public Affairs Analyst. He writes from Abuja,Nigeria.
