Festus Okoye: The Future of Elections in Nigeria’ll be Technology-based

Festus Okoye is a lawyer, human rights activist, and civil society delegate to the last national conference. He says the use of card reader and PVC in the last general election helped to reduce rigging, but feels the introduction of technology in the elec

What lessons can the politicians learn from the latest political changes?

A democratic revolution is going on in Nigeria led by Nigerian voters. The voters have finally found their voice and their sovereign power. It is now very clear that the Nigerian people have their own parameters of measuring the performance of candidates and elected officers. Therefore, the political elite must brace up and engage in issue-based campaigns and speak directly to the people. The old order is passing away and the Nigerian people are bracing up to join the international community in conforming to regional and international standards of credible elections.

Are there things the electorate, too, can learn?

The Nigerian voters have rediscovered themselves. They now feel and believe that their votes count and can be made to count. They must insist on defending the sanctity of the vote through a targeted process of advocacy. The big issue is that the Nigerian people have underlined their power to change any government at any time.

What is your assessment of the performance of the card readers and PVCs at the general election? What would you recommend for a better performance of the card readers and PVCs in future elections? And do you think it is now time to move up to full electronic voting?

The introduction of the Permanent Voters Card with biometric features revolutionised the voter registration process. The introduction of the Smart Card Readers also improved the quality of elections and domiciled election riggers to one polling unit. The Smart Card Readers experienced challenges during the presidential and National Assembly elections due to insufficient training for presiding officers, malfunctioning of some of the Smart Card Readers, and outright sabotage by those mortally opposed to technology in our electoral process. In future elections, I recommend that the introduction of new technology in our electoral process should be gradual. We should use smaller elections to test run new technologies before deploying same to bigger elections. I am convinced that the future of elections in Nigeria will be technologybased. I, therefore, recommend the deletion of section 52(2) of the Electoral Act, 2010(as amended) which prohibits the use of electronic voting machines in our elections. INEC and the critical stakeholders in the electoral process should determine when to introduce electronic voting machine into the electoral system and the type of technology that will suit our circumstances.

How would you rate the performance of the security agencies, especially, the Police and the Armed Forces, during the polls?

The Nigeria Police performed reasonably well during the elections. Most of the officers remained civil and aloof in the electoral process. The Nigeria military also provided perimeter security during the elections and assisted in securing sensitive materials and poll workers. However, there are allegations that in some states they intervened and interfered with the electoral process. These are things that should be investigated. The security agencies must at all times remain neutral and impartial. In future elections, clear rules of engagement and protocol should be drawn up for the Nigerian military. They can maintain internal security but not engage themselves in the security supervision of elections.

The elections in Rivers and Akwa Ibom states have been condemned by local and international observers as extensively marred by irregularities, but INEC, relying on the opinion of its state electoral officers, and constrained by the law, declared the tainted results. What reforms would you suggest in the electoral laws to make INEC play a more effective in the efforts to check electoral fraud?

Our elections are organised around a pyramid. By section 27 of the Electoral Act, 2010 (as amended) results are announced by the Presiding Officer at the Polling Unit, the Ward Collation Officer at the Ward level, and the Local Government or Area Council Collation Officer at the local government and area council. Therefore, the Polling Unit is the hub of the electoral process. By section 53(2) of the Electoral Act, where the votes cast at an election in any polling unit exceed the number of registered voters in that polling unit, the result of the election for that polling unit shall be declared void by the commission and another election conducted for that unit. Moreover, where a date has been appointed for the holding of an election and there is reason to believe that a serious breach of the peace is likely to occur if the election is proceeded with, the commission may postpone the elections and set a new date for its conduct.

The law as at today is that “if all the results of an election have been entered and endorsed by the party agents at the various levels, the returning officer at the top of the electoral pyramid lacks the power to cancel the election.”

To deal with some of these challenges, INEC must enforce the provisions of section 45 of the Electoral Act that requires the submission of the names and particulars of party agents seven days before an election. It is also important for parties to train their agents on electoral matters rather than send them as thugs to disrupt the electoral process.

Don’t you think it is possible and appropriate to hold all the state and national elections in one day?

It is possible to hold all the national and state elections in one day if the electoral management body can handle the logistic challenges involved. My take is that we should stagger the national and state assembly elections to make it possible for half of the members to go for re-election during a two-year cycle. This ensures that at all times there is a legitimate legislature in session. This will enable them intervene and point the way forward if there are challenges with other levels of election.

What is your advice to the citizens at a time like this?

Nigerians must remain focused. Nigerians must have faith in the future of the electoral process. Nigerians must keep faith with the rule of law and due process with all its challenges.