NEWS
SERAP Petitions INEC For Electoral Reforms
The Socio-Economic Rights and Accountability Project (SERAP) has urged Professor Mahmood Yakubu, the Chairman of the Independent National Electoral Commission (INEC) “to use the mandates of INEC to pursue constitutional and legal reforms that would ensure explicitly recognize Nigerians’ right to vote and to vote securely in free, fair and honest elections as a fundamental right.”
This was divulged in a statement made available to Biztellers on Sunday by Deputy Director, SERAP, Kolawole Oluwadare.
According to the him, the SERAP also urged INEC “to promote constitutional and legal reforms that would contain explicit mandatory provisions on internet voter registration, and the use of modern technology, including in casting and counting, voter registration and systems for reporting results.”
Biztellers reports the petition was dated October 28, 2023 under the signature of Deputy Director, SERAP, Kolawole Oluwadare, the organisation propounded inter alia for, “The explicit recognition of the right to vote and to vote securely would improve the right to representative democracy in the country.”
The SERAP stated, “The continuing resistance by politicians to bring the country’s electoral legal rules up to date with modern technology, and make the use of technology mandatory in our electoral process is entirely inconsistent and incompatible with Nigerians’ right to effectively participate in their own government.”
According to the SERAP, “Large-scale election infrastructure insecurity poses serious threats to the fundamental right to vote that (the) INEC can no longer ignore. The challenges facing the electoral process can be addressed by a swift adaptation and innovation in both election laws and election technology.”
In the petition, the SERAP maintained that the true essence of democracy is mass participation and that the advocated reforms would help guarantee this.
“Democracy works best when everyone participates. Legally enforceable right to vote is the bedrock of any democratic society. The right to vote and to vote securely is too important to be left to the whims of politicians” it added.
The reforms had also become necessary to shore up public confidence and mass participation in Nigeria’s civil rule. “Confidence in the electoral process is on the decline. Many Nigerians are expressing concerns about the credibility and integrity of the electoral process.”
On why the INEC must take the initiative, the SERAP pointed out that “Nigerian politicians have little incentive to pursue genuine constitutional and legal reforms that would improve the exercise by Nigerians of their right to participation in the electoral process and in the mechanisms of government.
(The) “INEC has constitutional and statutory responsibilities to promote and advance the right of eligible Nigerians to vote and to vote securely as part of their internationally recognized right to political participation.
“Under section 2(b) of the Electoral Act 2022, the commission ‘shall have power to promote knowledge of sound democratic election processes.’ INEC also has the constitutional mandates to take the recommended measures under Section 153 of the Nigerian Constitution and paragraph 15(a) of the third schedule.
(The) “INEC has the mandates to promote, protect and facilitate the exercise of the right to vote and to vote securely as a fundamental right. Exercising such mandates would rebuild public confidence in the ability of the commission to effectively perform its responsibilities and to act in good faith.”
On issues bedeviling electioneering and Nigeria’s democracy, the SERAP noted, “The major problem facing the country’s democracy is the lack of respect for Nigerians’ right to participation and the concomitant lack of trust in election results.
“If citizens do not believe in the election process, then the entire system of democratic government becomes a questionable enterprise.
“The explicit recognition of legally enforceable fundamental right to vote and to vote securely in free, fair and honest elections would protect the right to participation, safeguard and strengthen the credibility and integrity of the country’s democracy.
“It would rein politicians who continue to abuse the electoral rules to distort and undermine the right to participation with almost absolute impunity. It would also amplify the voices of the people, not corrupt politicians, and modernize and secure the country’s future elections against any threats.
“The country’s electoral legal rules are entirely inconsistent and incompatible with the requirements of the right to political participation, which is explicitly guaranteed under article 25 of the International Covenant on Civil and Political Rights and article 13 of the African Charter on Human and Peoples’ Rights which Nigeria has ratified.
“The right to vote and vote securely would also impose clear obligations on the electoral commission and other authorities to ensure the ‘will of the people’ in elections, and to administer elections in an objective and neutral manner, and in conformity with modern technology.
“The crisis confronting Nigerian elections and lack of public trust and confidence in the electoral process can be addressed if the right of Nigerians to vote and to vote securely is explicitly recognized as justiciable constitutional right.
“Nigerians do not currently enjoy explicit and enforceable right to vote and to vote securely. As the 2023 general elections have shown, the absence of this right in the Nigerian Constitution 1999 [as amended] has seriously undermined the right of Nigerians to effectively participate in their own government, and the credibility and integrity of the electoral process.
“Although the Nigerian Constitution provides in Section 14(1)(c) that, ‘the participation by the people in their government shall be ensured in accordance with the provisions of this Constitution’, this is not recognized as legally enforceable fundamental human right.”
In the light of the above, the SERAP cautioned that, “Unless (the) INEC urgently begins the process of pushing for the explicit recognition of Nigerians’ right to vote and to vote securely, politicians would continue to use the country’s antiquated electoral legal rules for personal gain, and to deny the people their right to participation.”
Noting the urgency the matter deserved the SERAP called on the INEC to act with minimum delay.
“We would be grateful if INEC begins the process of taking the recommended measures within 7 days of the receipt and/or publication of this letter. If we have not heard from you by then, SERAP shall consider appropriate legal actions to compel INEC to comply with our requests in the public interest.
“SERAP notes that ahead of the 2023 general elections, INEC disclosed that over seven million Nigerians who carried out their voter pre-registration online but could not complete the process at physical centres would not be entitled to vote.
“The right to vote and to vote securely as well as the right of the people to expect representative government through the process of elections is basic to democracy,” it stated.
Harping on the importance of the reforms, the SERAP added, “Without the explicit constitutional recognition of the right to vote and to vote securely as a fundamental right, millions of Nigerians would continue to be denied their right to participate in their own government.
“The Nigerian Constitution and Electoral Act are grossly inadequate to guarantee citizens’ right to political participation which encapsulates the right to vote and to vote securely. Our electoral legal rules are based on a set of archaic notions that do not serve the core function of participation and a representative democracy.
“The African Charter on Human and Peoples’ Rights, the International Covenant on Civil and Political Rights (ICCPR), and the African Charter on Democracy, Elections and Governance explicitly assert the right to vote as part of the fundamental right to participate in democracy.
“Article 25 of the Covenant, article 13 of the African Charter and articles 2, 3 and 4 of the African Charter on Democracy contain provisions on the right to participation. Nigerian electoral laws ought to be such that would give effect to the voters’ will and uphold the popular mandate through free, fair, and honest elections.
“The right to vote in a democracy is important because so many other matters depend upon its exercise. Nigeria ought not to be stuck with electoral rules, structures and procedures that violate basic ideas of participation, fairness and representative government.”
Alike Dangote, Africa’s wealthiest individual and Chairman of the Dangote Group, has disclosed that Nigeria will cease gasoline imports next month due to the strategic initiatives of the Dangote Refinery.
Speaking at the Africa CEO Forum Annual Summit in Kigali, Dangote expressed optimism about revolutionizing Africa’s energy landscape.
Dangote emphasized the refinery’s capability to meet not only Nigeria’s gasoline demands but also those of West Africa for petrol and diesel, along with the continent’s aviation fuel requirements.
He said, “Right now, Nigeria has no cause to import anything apart from gasoline and by sometime in June, within the next four or five weeks, Nigeria shouldn’t import anything like gasoline; not one drop of a litre.”
Additionally, Dangote outlined the progress made by the oil company to ensure that Africa achieves self-sufficiency in the energy sector.
He said, “We have enough gasoline to give to at least the entire West Africa, diesel to give to West Africa and Central Africa. We have enough aviation fuel to give to the entire continent and also export some to Brazil and Mexico.
“Today, our polypropylene and our polyethene will meet the entire demand of Africa and we are doing base oil, which is like engine oil, we are doing linear benzyl, which is raw material to produce detergent. We have 1.4 billion people in the population, nobody is producing that in Africa.
“So, all the raw materials for our detergents are imported. We are producing that raw material to make Africa self-sufficient. As I said, give us three or a maximum of four years and Africa will not, I repeat, not import any more fertilizer from anywhere.
“We will make Africa self-sufficient in potash, phosphate, and urea, we are at three million tonnes and in the next twenty months, we will be at six million tonnes of urea which is the entire capacity of Egypt. We are getting there.”
Dangote further elaborated on the achievements of the company since the commissioning of the refinery in February.
“For some of us, despite the boom of the capital market of the US, you know, Google, Microsoft and the rest, we didn’t participate, we took all our money and invested in Africa.
“We had this dream, just about five years ago and we said we want to move from five billion (dollars) revenue to thirty billion revenue and we made it happen. It is possible and now we have made it happen and now we have finished our refinery.
“Our refinery is quite big, it is something that we believe that Africa needs. If you look at the whole continent, there are only two countries that don’t import petroleum products which is a tragedy. They are only Algeria and Libya. The rest are all importers.
“So, we need to change and make sure that we don’t just go and produce raw materials, we should also produce finished products and create jobs.
“One of the things we also need to know as Africans is that we produce raw materials and export them when you export raw materials and somebody now keeps importing things into your continent and dumping goods. what you are importing is poverty and exporting jobs. So, we have to change that narrative.
“We just commissioned in February and now we are producing jet fuel, we are producing diesel and by next month, we will be producing gasoline.
“What that would do is that we would be taking most of the African crude that is being produced and also be able to supply not only Nigeria, because our capacity is too big for Nigeria, but it would also supply West Africa, Central Africa and also South Africa.
“We have 650,000 barrels per day, 1 million tonnes of polypropylene, we have 590,000 carbon black, that is the raw materials ink, dyes and co. We are expanding more. This is the first phase and we are going out to the next phase which will start early next year,” he said.
The Ulama Forum in Nigeria, representing Islamic clerics, and the Muslim Lawyers Association of Nigeria (MULAN) have voiced their disapproval of Minister of Women Affairs, Uju Kennedy-Ohanenye’s decision to challenge a proposed mass wedding for orphaned girls in Niger State through legal means.
Both groups have thrown their support behind Abdulmalik Sarkin-Daji, the Speaker of the Niger State House of Assembly, who initiated the idea of conducting a mass wedding for girls who lost their parents to bandit attacks in the state.
In a statement issued jointly from Kano and signed by the forum’s Convener, Aminu Inuwa Muhammad, and Secretary, Engineer Bashir Adamu Aliyu, the Ulama Forum affirmed its backing of the planned weddings for victims of banditry and kidnapping in Niger State.
The forum criticized the minister for what they perceive as her attempt to garner media attention with what they described as “her Islamophobic rhetoric,” alleging that her actions demonstrate a lack of respect for Sharia law.
The forum characterized the minister’s actions as selective, amateurish, and tribalistic, asserting that the 1999 Constitution upholds religious freedom and acknowledges Sharia provisions allowing the marriage of the prospective brides.
Furthermore, they highlighted that, as a lawyer, the minister should be aware that the Child Rights Act does not extend beyond the Federal Capital Territory (FCT).
The forum cautioned the administration of President Bola Tinubu to be cautious of “such public officers and institutions that will set it against the people.”
Likewise, MULAN has declared its intent to confront the minister in a rigorous legal confrontation regarding her efforts to halt the mass wedding of 100 orphans.
In a statement endorsed by its President, Barrister Saeed Muhammad Tudun-Wada, MULAN asserted that the proposed wedding adhered to the principles and regulations of both Islamic and Nigerian laws, while criticizing the minister for her alleged lack of understanding.
“We understand that the proposed mass wedding scheduled for May 24, 2024, has been subjected to a needless controversy arising from the recent intrusion of the minister,” MULAN said.
“Incidentally, we understand that Mrs Ohanenye has instituted legal action to stop the noble course and further petitioned the Inspector General of Police, IGP Kayode Egbetokum, against the move of Niger State Speaker Rt. Hon. Abdulmalik Sarkin-Daji to sponsor the marriage of 100 girls.
“In the light of this, the Muslim lawyers have resolved to meet the minister at the court of competent jurisdiction. Already, we have assembled not less than five Senior Advocates of Nigeria (SAN) and 27 other members of the association to join in challenging the minister.
“MULAN regretted that the minister had decided to venture into a matter she lacked the right and competence to delve into. By so doing, she has overstretched her limit by interfering with the private and personal interests of the Niger girls. We are prepared to join issues with her.
“For the purpose of emphasis, the constitution of the Federal Republic of Nigeria is generous enough to allow every Nigerian to conduct marriage with whomever he or she so wishes, so long such an act did not violate any provision of the constitution.
“MULAN is fully behind the proposed mass wedding and the genuine interest of the Speaker to ease the burden of the marriage is well in line with Islamic principles.”
The Minister of Women Affairs on Friday, addressed her legal action against Speaker Sarkindaji, citing his proposal to marry off 100 orphans from his constituency.
During an appearance on Channels TV’s Politics Today, the minister emphasized her adherence to the constitution in her duties, stating: “When I’m doing my work, I focus on the constitution. What I stood for was the fundamental human rights of the children. I want an investigation carried out. Religion is not part of the work I am doing.”
She also mentioned collaborating with the Speaker and other stakeholders to empower the girls instead of arranging marriages for them.
She said “When I met with the speaker recently, he said to me that he never thought about it in the manner I was thinking about it, that he thought he was helping.
“But now that I have brought this up, we have partnered together to look into how we empower these children, take them to school, open businesses for them and make their lives better. He said he will partner with me.”
President Bola Ahmed Tinubu has announced the appointment of 555 individuals to serve as chairpersons and members of the governing councils for tertiary institutions across Nigeria.
This significant move aims to enhance the governance and oversight of the country’s higher education sector.
The inauguration and orientation retreat for the newly appointed council members is scheduled for Thursday, May 30, and Friday, May 31, 2024.
In a related development, the government has successfully resolved the potential strike threat from the Academic Staff Union of Universities (ASUU).
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