All Roar and No Bite: Exposing Nigeria’s Paper Tiger Election Laws

For a lot of Nigerians, electing a pacesetter of unquestionable legitimacy — one chosen by free and truthful elections, unmarred by violence and different felony violations of election legal guidelines — will present, in the end, nationwide pleasure and religion within the electoral course of as a real illustration of the folks’s choices. However the 2023 basic election is taken into account one among Nigeria’s most controversial because the nation’s return to democracy in 1999, in response to a number of election observers. CCIJ investigates the breaches of legal guidelines in the course of the election and the challenges going through electoral integrity within the nation.

Elections in Nigeria are ruled by a complete set of legal guidelines and laws, and disturbing incidents occurred over the past election that critically violated all of them.

The Centre for Collaborative Investigative Journalism (CCIJ) discovered that quite a few folks and establishments — together with INEC, the official physique chargeable for imposing election legal guidelines, members of the army, political events and main politicians — dedicated unlawful acts associated to the elections.

The election-related legal guidelines and laws of Nigeria discovered to have been violated embrace the 1999 Nigerian Structure (as amended), the Electoral Act of 2022, tips established by the Unbiased Nationwide Electoral Fee (INEC), and worldwide conventions to which the nation is a signatory.

The abuses that CCIJ documented reveal vital weaknesses of the legal guidelines, each in how they function and the way they’re enforced.

As an example, a brief INEC staffer transporting poll papers was shot and killed by a military unit on election day; the INEC itself awarded a contract to print election supplies to an organization owned by a governorship candidate, elevating questions on battle of curiosity and the potential for corruption; a former president, his legal professional basic and justice minister brazenly displayed their ballots in a system that’s supposed to guard voting in privateness; political events blatantly disregarded legal guidelines requiring monetary disclosures; and journalists have been attacked and harassed whereas overlaying the election in a transparent violation of press freedom.

Taken collectively, these incidents spotlight the intense challenges going through Nigeria’s electoral system since 1999, when Africa’s most populous nation returned to civil rule.

MEN IN MILITARY UNIFORMS OPEN FIRE ON INEC STAFF ON ELECTION DAY

Paul Abaji, an electoral officer at Obi-Obetti Umutu, Delta State in southern Nigeria, is without doubt one of the victims of the violence that characterised final 12 months’s basic election.

The INEC recruited him as an advert hoc employees member whereas he was endeavor his obligatory one-year nationwide youth service within the state.

The Nationwide Youth Service Corps (NYSC) was established in 1973 underneath the management of then Head of State, Yakubu Gowon.

Annually, graduates from universities and polytechnics throughout the nation are mobilised in giant numbers to take part within the programme.

The Unbiased Nationwide Electoral Fee (INEC) ceaselessly depends on NYSC members throughout election durations to fulfill the demand for manpower, recruiting them to assist handle and oversee the electoral course of. This partnership performs a key position in guaranteeing the graceful conduct of elections nationwide.

Mr Abaji was transporting poll papers to the collation centre on election day together with his colleagues – Defeware Okemute, Chibuzor Oliaku, Iroy Christian and Amale Anthony – when males in army uniforms allegedly shot on the 18-seater Toyota Hiace by which they have been travelling alongside Umuaja street in Umutu.

Mr Okemute, who had beforehand labored as a instructor, died, whereas Messrs Abaji, Oliaku and Christian all sustained a number of gunshot wounds. Mr Anthony sustained one gunshot wound and nonetheless carries the bullet in his physique. Two ladies — advert hoc INEC officers who have been additionally driving within the car — survived the assault with out accidents.

Nobody has been prosecuted for the killing of Mr Okemute, in response to discipline proof gathered by the CCIJ. The Delta State Police have confirmed that the case stays underneath investigation and that no arrests have been made in reference to the taking pictures.

This assault is only one in a protracted record of assaults in opposition to INEC officers lately, even supposing Nigerian regulation prohibits the usage of violence or threats throughout elections.

Information from the fee present that between 2019 and 2022, there have been 50 incidents of assaults on INEC places of work throughout 15 states.

The violence continued in the course of the 2023 elections, with 5 new assaults on election officers reported from December 2022 to March 2023, a CCIJ evaluation of media experiences discovered.

Most of the incidents of violence within the final election have been carried out by members of the Japanese Safety Community (ESN), the militant wing of the Indigenous Individuals of Biafra (IPOB), a separatist group that opposed the conduct of elections in Southeastern Nigeria as a result of federal authorities’s refusal to launch their chief, Nnamdi Kanu.

Whereas the violence inflicted by ESN was extensively reported, assaults attributed to state actors — just like the one which killed Mr Okemute and injured Mr Abaji and his colleagues — have been underreported.

Residents of the group the place the taking pictures occurred mentioned the suspects have been troopers posted to offer safety for Platform Petroleum Restricted, a personal oil and gasoline firm chaired by Dumo Briggs, a lawyer and businessman.

For the reason that begin of the Niger Delta battle, non-public oil and gasoline firms within the area have been making use of for the usage of army personnel to guard their amenities.

When contacted, Nigerian Military spokesman Main Common Onyeama Nwachukwu refused to determine the troopers stationed on the firm and didn’t affirm that troopers have been concerned within the taking pictures. Nevertheless, a bodily go to to the placement by the CCIJ verified the presence of a army submit on the oil firm’s premises in Umutu.

Narrating what led to the lethal encounter, Mr Abaji mentioned they have been on their method to the native authorities collation workplace when an argument ensued between their driver and a few youths who tried to dam the car.

Based on Mr Abaji, the youths didn’t need the INEC officers to take the election supplies again to the headquarters — they wished them to add the ends in that group as an alternative. However the INEC officers resisted their efforts and continued driving.

The regulation requires that election outcomes are counted and uploaded on the INEC Consequence Viewing Portal (IReV) solely on the polling unit the place the election was performed within the presence of voters and occasion brokers.

Unknown to Mr Abaji and his colleagues, the youths had gone forward to a close-by army checkpoint and falsely knowledgeable the troopers that the INEC officers have been a harmful group attempting to flee with poll papers.

“As we got here nearer to the army checkpoint, the soldier opened fireplace on us with none warning or try to cease us,” Mr Abaji mentioned.

“After the taking pictures incident, we learnt that youths locally from the place we left instructed the military officers on obligation that we have been poll field snatchers and these officers acted on this instruction to shoot at us,” he instructed CCIJ.

A number of witnesses additionally confirmed to CCIJ that there was an altercation between the youths and the INEC officers over the poll papers and the place the outcomes needs to be uploaded.

However Mr Abaji and the opposite victims maintained that they didn’t work locally the place the assault occurred — and that it didn’t make sense to add the outcomes there. That they had travelled to Umutu to board the 18-seater van that will take them to their head workplace, suggesting a case of the fallacious id.

“We solely went to hitch the car that will convey us to the INEC head workplace. We didn’t conduct elections locally, so there was no approach we might even have uploaded the outcomes. In any case, those that performed elections locally have been instructed to add outcomes solely once they acquired to the INEC workplace,” one of many victims, Iroy, instructed CCIJ.

Mr Abaji was shot within the thigh a number of instances. On account of the extreme harm to his proper leg, he can now barely stroll.

Earlier than the taking pictures, he was an lively soccer participant and creator of two books, which he promoted by travelling round and sharing snippets of his tales.

With the harm, he can not play soccer or market his books, “No Shortcut to Success” and “Girl of Religion.”

His colleague Mr Oliaku instructed CCIJ that a number of bullets hit him within the stomach, which now causes swelling in his legs and genitals. Medical doctors have additionally recognized him with a hernia because of the gunshot and urged him to bear an pressing operation.

A resident who helped the wounded Mr Oliaku mentioned the INEC worker was drenched in blood when he ran in direction of her home whereas the boys in army uniforms continued trying to find him.

“I cleaned the injuries with methylated spirits and cotton wool, and instructed him to hope to God as I struggled to maintain him alive,” she mentioned.

The Good Samaritan who shouldn’t be named on this report for security causes mentioned she was motivated to assist him solely as a result of he was carrying a youth corps member uniform and she or he didn’t assume he may have been concerned in unlawful actions.

Corps members often determine themselves on election day by carrying their NYSC and INEC uniforms.

One other INEC official, Christian, now struggles together with his eyesight after a bullet grazed his face and brought about swelling to his left eye. He additionally sustained an harm to his shoulder and might not increase his arms in consequence, though docs have but to state the precise trigger and prognosis.

The previous INEC staffers mentioned they have been deserted by INEC. Regardless of the fee’s promise of offering medical insurance, Mr Abaji and his colleagues didn’t obtain such help and have been left with expensive medical payments attributable to their in depth accidents.

In November 2023, Bukola Ojeme, the Public Relations Officer for the Delta State Electoral Fee, assured CCIJ that the INEC was actively engaged on offering medical insurance for victims of election-related violence.

In a video interview with CCIJ, Mr Ojeme defined that the insurance coverage would assist the injured INEC officers cowl their medical bills and help with main payments associated to their remedy. He additionally confirmed that those that have already incurred prices could be reimbursed by the insurance coverage programme. INEC has requested victims to submit medical experiences from the hospitals the place they’re receiving remedy as a part of the reimbursement course of.

Nevertheless, eight months later, one of many victims, Mr Abaji, has but to obtain any help. After present process a number of surgical procedures to keep away from the amputation of his leg, he needed to pause additional medical care attributable to monetary constraints, claiming that INEC deserted him regardless of guarantees of compensation.

When contacted once more in February 2024, Mr Ojeme mentioned he was unaware of Mr Abaji’s discharge from the Federal Medical Middle in Asaba and couldn’t touch upon his present situation.

CCIJ additionally obtained a medical report from Mr Christian, who spent N2.17 million ($2,814) on remedy for face and shoulder accidents at Dominion hospital in Asaba. Regardless of the numerous bills, his restoration stays unsure.

On 5 June 2024, CCIJ obtained paperwork displaying that the INEC in Asaba had reached out to the victims, requesting their well being standing experiences and different related data to revisit their circumstances.

This outreach got here one 12 months and three months after the taking pictures. Nevertheless, Ossai Christian disclosed that regardless of sending the requested paperwork on a number of events, there have been no interventions by the federal government for his brother, Iroy Christian.

As for Defeware Okemute, the previous instructor who died within the taking pictures, Mr Ojeme instructed CCIJ that the INEC didn’t have the main points about his dying. Nevertheless, in a subsequent assertion, he cited privateness considerations as the explanation for not disclosing the sufferer’s identify, contradicting the sooner declare of missing data.

Equally, Brilliant Edafe, the Delta Police Public Relations Officer, didn’t present any helpful details about the id of the troopers chargeable for the taking pictures when CCIJ reached out to him.

“We’re investigating the incident and we’re but to have any data relating to the attackers,” he mentioned.

CCIJ adopted up with telephone calls in January 2024, practically a 12 months after the incident occurred, however he didn’t reply.

The Nigerian police power is infamous for ignoring journalists’ inquiries. This sample of non-disclosure highlights the challenges confronted by the victims of assault over the past election.

Authorized specialists maintained that each the police and INEC have the duty to prosecute electoral offenders, and their reluctance to take action raises questions on their dedication to justice.

NIGERIAN ARMY’S RESPONSE

CCIJ reached out to the spokesperson of the Nigerian Military, Onyema Nwachukwu, a brigadier basic, who initially denied data of the incident however promised to reply after additional investigation.

He later mentioned that such an incident by no means occurred, suggesting that criminals may have used military uniforms to hold out the act.

“The individuals who carried out the assault might not be military personnel, I’ll nevertheless get again after an investigation,” he mentioned.

When the CCIJ introduced eyewitness proof to Mr Nwachukwu, he promised to reply. Regardless of a follow-up question in July 2024, Mr Nwachukwu has not responded as of the time of this publication.

A former director of the Nigerian Military Public Relations, Bólájí Koleoso, instructed CCIJ that the principles of engagement don’t permit the military to shoot indiscriminately and it isn’t permissible to fireplace dwell bullets at unarmed individuals.

“You can’t fireplace dwell bullets in opposition to unarmed individuals, besides if in the course of the strategy of snatching the poll as an example, there may be harm or lack of lives, then the military can shoot,” Mr Koleoso instructed CCIJ.

INEC AWARDS PRINTING CONTRACT TO COMPANY BELONGING TO CANDIDATE IN A GUBER ELECTION

Final 12 months, widespread media experiences revealed that the INEC awarded a contract value N434 million (roughly $500,000 USD) to a printing firm owned by All Progressives Congress (APC) politician Aishatu Ahmed, also called Binani. The contract was for the printing of outcomes sheets and different safety paperwork for the elections. This raised considerations over a possible abuse of the contractual course of, as Ms Binani herself was a governorship candidate in the identical election underneath the ruling APC.

Given the delicate nature of electoral supplies, which qualify as safety paperwork, the procurement would usually comply with a restricted bidding course of to safeguard transparency and equity.

CCIJ revisited the contract award, highlighting the flagrant abuse of procurement regulation and the INEC’s personal tips.

Part 40 of the Public Procurement Act, 2007 outlines the method for restricted bidding, emphasising the necessity for a clear and accountable course of in awarding contracts.

Awarding an election-related contract to an organization owned by a gubernatorial candidate in that exact same election presents a transparent battle of curiosity, as described in Part 57 (12) of the 2007 regulation.

Addressing the difficulty of a battle of curiosity, INEC claimed that Ms Binani was not listed as a director within the Company Affairs Fee portal. However the portal listed “Aishatu Dahiru” as the one particular person with vital management of the corporate, and a fast google search exhibits “Aishatu Dahiru” is Aishatu Binani, the previous senator.

Official press statements issued by the INEC famous that the contract was awarded to “Binani Printing Press Restricted.” Nevertheless, checks by the CCIJ exhibits that the organisation has since modified its identify, going by “Binani printing and publishing restricted,” per official particulars on the company affairs fee portal.

Regardless of quite a few calls and in-person visits, INEC, Ms Binani and their employees refused to offer any solutions.

PARTY BIGWIGS BREAK ELECTION LAWS WITHOUT SANCTION

Not solely did the army and the INEC breach electoral legal guidelines and laws, politicians additionally brazenly flouted a number of elements of the regulation with impunity. For instance, former President Muhammadu Buhari and different politicians throughout the political divides flagrantly breached the Electoral Act 2022 and INEC tips.

Mr Buhari was photographed displaying his poll in a approach that confirmed who he voted for. Different outstanding political figures equivalent to the previous Lawyer-Common of the Federation, Abubakar Malami, Orji Kalu, senator representing Abia North Senatorial District, and the previous Governor of Benue State Samuel Ortom additionally displayed their ballots to the general public.

This was a transparent violation of the Electoral Act, which states that elections shall undertake an “open secret poll” — a strategy of voting by which the train is carried out in a public house, whereas every voter decides in non-public.

Part 122 (3) of the electoral act states that no particular person shall “talk at any time to another particular person data obtained in a polling unit as to the candidate to whom a voter is about to vote or has voted for.”

INEC’s electoral tips for the 2023 elections additionally prescribed confidentiality of the voting train. Previous to the election, the Fee additionally warned voters in opposition to displaying their poll papers.

Displaying a poll on the polling place violates the regulation, partly as a result of it’s thought of a type of campaigning, which is unlawful on the polling place. The regulation recommends a most wonderful of N100,000 ($60) or imprisonment for a time period of three months or each for the offender.

Chris Nwaokobia, a human rights lawyer, instructed CCIJ that Mr Buhari’s act was unlawful.

“The regulation needs to be invoked in opposition to such acts as a way to forestall leaders utilizing such affect to compromise the electoral course of,” Mr Nwaokobia, a professor, mentioned.

To this point, neither the previous president nor the opposite politicians have been held accountable.

Garba Shehu, a media aide to the ex-president, mentioned in an interview with a neighborhood tv station, AIT, that he didn’t blame the president for displaying his poll paper.

Mr Buhari had additionally defended his resolution, saying that he confirmed his poll due to his pleasure for the candidacy of his successor Bola Tinubu, and his allegiance to his political occasion.

POLITICAL PARTIES FLAGRANTLY VIOLATE ELECTORAL LAWS WITHOUT SANCTION

Violations of electoral legal guidelines weren’t restricted to troopers, politicians, and the INEC; political events additionally engaged in actions that raised critical considerations in regards to the integrity of the election.

The Electoral Act requires political events to submit and publish sure monetary disclosures as an necessary technique of transparency and accountability. The regulation additionally requires INEC to publish sure monetary paperwork submitted by the political events. However many political events, together with the INEC, nonetheless want to fulfill these necessities.

Part 89 of the Electoral Act requires political events to submit their audited election bills to INEC inside six months after an election. They’re additionally required to publish a licensed model of the bills in a minimum of two nationwide newspapers and the official occasion web site.

The regulation clarifies the bills as these funds made throughout the interval the INEC gave discover for the conduct of the election and the day the election is held.

CCIJ monitored the official political occasion web sites in addition to main nationwide newspapers inside that interval and located that not one of the events had absolutely complied with the regulation.

When the CCIJ reached out to the All Progressives Congress Nationwide Publicity Secretary, Felix Morka, looking for if the occasion had complied with the supply of the regulation. He promised to verify and get again to our reporter.

He by no means did.

When CCIJ contacted him once more in January, he claimed that he didn’t have the knowledge and requested our reporter to verify in once more after he consulted together with his colleagues.

Weeks later, CCIJ reached out to him once more. The publicity secretary mentioned he had but to obtain documentation from the occasion to indicate whether or not the APC filed the monetary statements.

The Labour Get together at varied factors had independently disclosed the way it spent its cash. As an example, a press assertion signed by the occasion’s chief spokesperson, Yunusa Tanko, addressed these points, but INEC has not formally launched these paperwork as mandated by regulation.

The CCIJ additionally contacted the Nationwide Publicity Secretary of the Peoples Democratic Get together (PDP), Debo Ologunagba. He didn’t choose up, nor did he reply to the message despatched to his WhatsApp account on whether or not his occasion submitted its monetary and election spending experiences to the INEC.

Equally, part 86 (1) requires each political occasion to undergo the INEC “an in depth annual assertion of property, liabilities, and evaluation of its sources of funds and different property, along with an announcement of its expenditure together with arduous and smooth copy of its record of members or in such a kind because the Fee could require.”

The regulation states that any occasion officers who fail to take action are liable to a wonderful of N1,000,000 ($800) or a six-month jail time period, or each.

Subsequently, INEC is required by the regulation to publish the audited report in two nationwide newspapers and its web sites inside 30 days of receipt of the outcomes.

As of press time, INEC has not revealed a single audited report within the newspapers or on its web site.

INEC Nationwide Commissioner and Chairman of Info and Voter Training and Committee, Sam Olumekun, mentioned 18 of the 19 political events have already submitted their monetary experiences. (He refused to call the remaining occasion that has not executed so).

He claimed the INEC nonetheless wanted to audit the experiences and notify the Nationwide Meeting earlier than publishing them.

However the regulation doesn’t require the Nationwide Meeting’s approval previous to publication, and part 86 (4) states that the INEC shall publish these monetary information and audits in two nationwide newspapers and by itself web site inside 30 days of receipt of the outcomes.

Mr Olumekun promised that the INEC would make the experiences and the audits public by 18 July.

Nevertheless, the INEC nonetheless has not executed in order of the time of this report. INEC had beforehand criticised varied political events for violating the regulation on the monetary expenditures. However the fee has by no means sanctioned any defaulter, and has itself violated the Electoral Act’s necessities on this election as supplied in Part 86(4) and Part 89 (8) of the Electoral Act.

ATTACKS ON JOURNALISTS

Oba Adeoye, a journalist with Come up Information, was excited to cowl the 18 March governorship election in Lagos — the seventh such election held in essentially the most populous metropolis in Nigeria since 1999. On election day, he and his cameraman Opeyemi Adenihun, along with their driver, Yusuf Hassan, headed to Elegushi Palace alongside Lekki, Lagos, to movie the voting train.

However as quickly as they unpacked their digital camera and drones to seize the world view, a gaggle of thugs often called the “Space Boys” in Lagos confronted them, asking why the journalists have been there to file them.

A couple of moments later, the thugs descended on Adenihun, beat him and seized his video digital camera, all within the presence of army officers close by.

Mr Adeoye mentioned the thugs have been sponsored by a former commissioner within the state, though the journalist declined to determine him by identify.

The journalist reported the assault to the Ilasan Police Station, however his firm administration requested that the case be discontinued. Adeoye additionally was not eager to pursue the matter due to the time and prices of a lawsuit.

In Nigeria, a court docket case may final for years and require a number of million (naira) in litigation prices. Attributable to these obstacles, offenders are sometimes in a position to violate human rights — together with these of journalists — with out consequence.

Just like the Come up TV crew, a number of different journalists have been unable to freely perform their duties in the course of the 2023 basic election regardless of provisions of the Electoral Act that shield their proper to take action.

Part 128 prohibits violence or the specter of harm throughout elections, and Part 39(1) of the 1999 Structure of Nigeria ensures freedom of expression, together with the best to obtain and impart data.

Equally, the United Nation (UN) Safety Council Decision 1738 (2006) and UN Human Rights Council Decision 27/5 of 25 September 2014 present for press freedom and journalists’ security.

Every of those authorized provisions have been flagrantly breached over the past election.

The Committee to Defend Journalists (CPJ) reported that a minimum of 14 journalists and media employees who lined the presidential and nationwide meeting elections in Nigeria final 12 months have been detained, harassed, or attacked whereas a minimum of one other 28 have been obstructed, harassed, or attacked overlaying the governorship and state meeting elections.