Nine days ago the Supreme Court adduced reasons why it upheld the results of last year’s Rivers State governorship election even though both the Rivers State Governorship Election Tribunal and the Election Appeal Tribunal earlier annulled the election on the grounds of substantial non-compliance with the law and election guidelines. The apex court ruled that both courts were wrong to place emphasis on the non-use of card reader machines in nullifying Governor Nyesom Wike’s election victory.
Justice Kudirat Kekere-Ekun, who delivered the lead judgment, said until the National Assembly amends the Electoral Act to give the card reader a statutory backing, it cannot be the basis for nullifying any election. She praised the Independent National Electoral Commission [INEC] for introducing the card reader in order to improve upon the credibility of elections but said there is a difference between the Constitution, the Electoral Act and the manual and guidelines made by INEC pursuant to powers granted it by the Electoral Act. She ruled that card reader, which is part of INEC’s election guidelines, cannot therefore supersede the electoral register which is provided for in the Electoral Act. The Chief Justice of Nigeria Justice Mahmud Mohammed as well as Supreme Court Justices Ibrahim Tanko Muhammad, Sylvester Ngwuta, Kumai Aka’ahs, John Okoro and Amiru Sanusi all concurred.
Their lordships’ thinking on the matter is made clearer by the statements of the other justices. Justice Tanko Muhammad said, “I agree that failure to follow the manual and guidelines made in exercise of the powers conferred by the Electoral Act cannot in itself render the election void. This should [however] not be understood to mean that the innovation of the card reader is in conflict with the relevant sections of the Electoral Act.” Justice Aka’ahs on his part said, “Introduction of the card reader is certainly a welcome development in the electoral process. Although it is meant to improve on the integrity of those accredited to vote so as to check the incidence of rigging, it is yet to be made part of the Electoral Act. Section 138(2) of the Electoral Act envisages a situation where the Electoral Commission issues instructions or guidelines which are not carried out. The failure of the card reader machine or failure to use it for the accreditation of voters cannot invalidate the election.”
Basically the same line of argument was used by the Supreme Court justices to uphold other governorship election results, namely those of Mr. Dave Umahi in Ebonyi State, of Mr. Ikpeazu in Abia State, of Governor Udom Emmanuel in Akwa Ibom State and of Governor Ibikunle Amosun of Ogun State. Some of these elections had earlier been annulled by election tribunals or election appeal tribunals based on the strength of evidence from card readers. This revolutionary machine, which was used for the first time in the 2015 election, recorded the exact number of voters that were accredited in each polling unit. Where it was jettisoned by the election officials, probably in connivance with candidates and security agents, the card reader recorded zero accreditation. This information was relied upon by many of the lower courts to prove cases of overvoting but the Supreme Court now ruled that it cannot be relied upon.
The Supreme Court’s ruling, in particular on the well publicised Rivers State election case, has been received by many Nigerians with shock and incredulity. Many legal pundits have criticised the ruling, though other big lawyers have praised it. While the opposition PDP warmly praised the ruling, the ruling APC’s national chairman Chief John Odigie-Oyegun harshly condemned it and alluded some ill-motives to it. Matters were not helped when Governor Wike reportedly said at a church service, “Let me thank our former governor, Dr. Peter Odili. He will call me at midnight to tell me what to do….He will say, ‘go to so so place.’ I took all his advice and here we are today.” Incidentally, Odili’s wife is a Supreme Court judge. On our part as a newspaper, we congratulate all those whose elections were upheld by the Supreme Court. Neither do we question the Supreme Court Justices’ knowledge, wisdom, patriotism or integrity. Still, this ruling is unintentionally a setback for Nigeria’s democracy and its elections.
Virtually every Nigerian and people abroad as well will agree that the 2015 elections were the best we had in this country in recent times. This was so despite the shortcomings observed in election management in some parts of the country. In most parts of the country in 2015 incidents of violence, ballot box snatching, ballot box stuffing and padding of result sheets were reduced to a minimum for one key reason: fear of the card reader. Nearly every aspirant election rigger understood that with the permanent voter’s card and card reader, it was futile to resort to any of the old rigging tactics because the actual number of accredited voters had already been electronically transmitted to INEC Headquarters.
Let us imagine what would have happened if the candidates and their overzealous supporters had known that INEC’s warning about the efficacy of the card reader was a bluff and that the courts will not admit evidence from it. Had they known that, incumbents at Federal and state levels would never have lost the 2015 elections in the manner they did. We would have had the same chaotic elections that we were used to, and people who rigged elections would still be in office today, stealing the country blind. To now hear that the key factor behind the success of an election that gave this country international respect and credibility has been thrown out by the Supreme Court is shocking indeed.
The Justices themselves often say that there must be Nigeria before there can be the law or anything else. In this particular ruling their Lordships threw overboard the significance of that saying. However, the National Assembly should now move quickly to entrench the card reader into the Electoral Act and avert future damage.
Sonala will return with a fresh column next week.
