Nigeria: 2022 Electoral Act – Why Political Parties Don’t Need Police Permit for Rallies – Mike Igini

Mike Igini, a former Resident Electoral Commissioner, speaks on some provisions of the 2022 Electoral Act as regards political campaigns for the 2023 elections in Nigeria.

PT: You’ve just retired as Resident Electoral Commissioner, what role should Nigerians expect from you as the country prepares for a crucial election in 2023?

Igini: Well, l think I should first correct this erroneous use of the term retirement for someone who was or is a political appointee whose tenure in office elapsed being referred to as retired. It is career civil servants that have spent either 35 years or attained the age of 60, whichever one comes first, that are appropriately referred to as retirees with benefits and pension. As a Commissioner in INEC, a political appointee, l have only spent ten years in the service of the country and have not attained the age of sixty years (60) but far below that age.

With respect to the forthcoming 2023 elections and having being an umpire in the last 10 years, l will stick to that disposition and maintain neutrality in all my engagements on issues and matters pertaining to the 2023 elections. But surely, the office of the citizen will be active in partnership, but not-partisanship, with well-meaning Nigerians, to educating voters on why they must vote in 2023 election. I will in the days ahead through various public lectures invite, educate and guide Nigerians on the various provisions of the 2022 Act and, more importantly, what they should know about the various innovations that will secure their votes. Just last Thursday, on 22 September, the Nigerian Institute of Advanced Legal Studies organised a Roundtable, which I participated as one of the speakers, on the topic, Electoral Democracy in Nigeria: Challenges and Opportunities in the new 2022 Electoral Act.

We join in the efforts to clear some of the fears and doubts that are deliberately being created to dissuade or discourage people from participating in the elections.

PT: What are the laws that guide political campaigns under the new 2022 Act?

Igini: Thematically, the laws that regulate and guide political campaigns are very clear and unambiguous and should be adhered strictly during the campaign periods. In fact, the entire provisions of sections 91, 92, 93, 94, 95 and 96 are intended to deal with the recurrent issues, denial of access to public facilities and media platforms. Hence, they are mandates for unhindered access to the use of state owned or publicly owned venues and event centres like stadia, civic centers that may be used as venues for rallies or other such political events, as well as access to publicly owned media platforms and also provisions for equal airtime parity for candidates at prime time news slots. Hence, no candidates should be denied access to state-owned facilities for use in the forthcoming political campaigns leading to the 2023 elections because these facilities belong to all Nigerians, whether as members of any ruling party or as members of opposition parties.

The laws also restrain hate speeches that we are already being treated to with, given some volatile comments from supporters of political interest groups on social media.

PT: But reports from different parts of the country show that candidates of political parties are being denied access to some of these facilities, and that the police are preventing the holding of political rallies?

Igini: I have read some of these reports. It’s quite unfortunate that political intolerance is already being exhibited. And more disturbing, if not worrisome, is the report concerning the action of policemen that are statutorily mandated under the new Act to always provide adequate security for political rallies and processions for political parties and their candidates, upon notice of such rallies.

In fact, Section 91 emphatically says the Commissioner of Police in each state shall provide adequate protection for political rallies and shall be supported by personnel of the Nigerian Civil Defence Corps. I’m shocked to read some of these reports that you have referenced because Sub-section (4) of this section itself says, “No registered political party in Nigeria, its aspirants or candidate shall be prevented from holding rallies, procession or meeting at any time for their constitutional political purposes and the police shall resolve any conflict of time and venue between and amongst parties where such arises in a consultative manner and not imposition. Barring whatever l may have omitted, those are words of the 2022 Electoral Act that must be adhered to.

PT: Are you saying that a police permit is not needed for political rallies or procession?

Igini: It’s not what I’m saying but what the 2022 Electoral Act has declared emphatically and unequivocally that political parties and their candidates do not need police permit to organise political rallies. This provision is consistent with a plethora of decisions of superior courts of the land that citizens do not need police permit to organise rallies. In fact, Sub-section (3) made it abundantly clear that notwithstanding any provision of the Police Act, the Public Order Act or any other law, the role of the Police and Civil Defence Corps that has been statutorily mandated to work with police on matters of political rallies is limited to the provision of adequate security only. Therefore, notification to police to provide security does not mean seeking permission from police authorities.

PT: What are your expectations of the judiciary, in the light of the novel provisions of the 2022 Act with respect to ongoing pre-election party primaries litigations and post 2023 election petitions adjudication?

Igini: It’s necessary to emphasise that the judiciary remains the bedrock of any democracy. If it fails to demonstrate courage by interpreting the provisions of the Electoral Act strictly in order to give meaning and purpose to the ballot as the best means of the expression of the will of the people and thus hold both the political parties and the Election Management Body accountable where there are violations and breach of the laws, it will have failed the Nigerian people.

The starting point of demonstrating judicial courage and commitment to electoral justice would be the ongoing pre-election cases that emanated from the party primaries in the various Federal High Courts. We are all witnesses to the impunity of political leaders’ imposition of individuals that didn’t participate and emerged from party primaries monitored by INEC in line with Section 84 of the 2022 Act and the shocking decisions coming from the courts at the moment.

Let me be clear, the way and manner our colleagues in the bench handle these matters will give Nigerians insight to how the judiciary will deal with the outcome of 2023 election petitions. The question on the lips of Nigerians now is, will our judges pander to vested political interest or stand on the side of strict interpretation of the provisions of the 2022 Act, Regulations and Guidelines of INEC and uphold the rule of law for the growth and sustenance of our democracy?

PT: You have bemoaned the problem of Nigeria as rooted on the greed of leadership. Why do you hold that view?

Igini: The undeniable truth is that everything rises and falls with leadership. We started on a very hopeful and promising note at the beginning in 1960. But painfully after 62 years what have we achieved for ourselves and what do we see around us? A country of missed opportunities, littered with the debris of squandered opportunities. We have people with pedigree who are not greedy that can turn around the fortune of this country but Nigeria appears to be a country that is cursed with a refrain of having the best individuals never allowed to be on the saddle. Great countries are not built on the greed of its leaders but on their sacrifices for their people and the thoughtfulness for the future. We need people who really care for the ordinary people of Nigeria and the country’s future. We cannot continue to make misfortune the heirloom of the Nigerian people.

PT: How can INEC innovations berth the emergence of credible leaders?

Igini: Credibility is about trustworthiness and confidence that make constituents or people follow or accept the leadership of others. All the innovations are designed to give meaning and purpose to the ballot as the best means of the expression of the will of the people in a democracy. They are intended to compel those who seek to govern them pay attention to their needs because leadership is about relationship and service.

PT: One of the problems that has retarded Nigeria’s progress is the issue of our inability to manage our diversities. What is your view?

Igini: The truth is that diversities can be a source of blessings to any society if well managed. But where leaders are unable to integrate diverse viewpoints and affirm unifying themes, diversity can lead to a breakdown of law and order. We have to acknowledge and respect our diversities in appreciation of the fact that the broad outline of the 21st century offers opportunities for those who can live together and develop new ties that bind them together. Shared values is a key to peaceful coexistence because it reduces opportunistic behavior amongst diverse people and promote harmony of interest of constituents.

PT: Given the dire situation in the country, with every group kicking and the elite in disarray, what should leaders across all strata of our society do at the moment?

Igini: Leaders must find common grounds to build a peaceful community by resolving problems on the basis of principles, not positions. There is a pervasive air of arrogance in the land, total disregard for truth and anger everywhere. At great moments of challenge, frustration and hopelessness, leaders must lift people’s spirits and restore belief in the future. We all, as leaders, must sustain hope by taking charge and demonstrate the courage of our conviction, by arousing positive thoughts and images by doing the right thing and putting the country on the part of social harmony. Credible and committed true leaders must keep hope alive for the citizens. This is a task because at the end, only people with hope will achieve greatness.

PT: But people seem to have lost hope in leaders and our public institutions. How can these same people give hope?

Igini: It’s true that around the world, people have lost faith in their institutions and the individuals who lead them. But is it leaders we have lost faith in or ourselves? One hallmark of an optimistic people is a belief that one, or a few committed individuals can make a difference by turning around the misfortune of a society. That is why the 2023 election provides yet another opportunity for the renewal of the choices of leaders we want to recruit, given the array of some of the people we see going round the country. Even though we are going through difficult times and somehow we don’t seem as convinced as we once were that we can each become whatever we hope to be and overcome, l still believe that we will overcome.

PT: On the flipside of leaders-people relationship is the issue of bad followers responsible for the emergence of leaders we complain about. What’s your view?

Igini: The people have a role to play but unfortunately poverty and the level of understanding of what their role should be is a problem. That is why they sell their votes during election. Otherwise leadership is a web of mutual responsibility and collaboration, a seamless partnership and a mutual commitment for common good. People or citizens should not be treated by politicians as people to be brought on Election Day or as mere followers of the vision and values of leaders but as participants in creating them.

PT: What do you make of the growing culture of sycophancy in the country as a result of leaders demanding loyalty for themselves and not loyalty to the country?

Igini: It’s unfortunate and it’s a clear indication of lack of understanding of what they are demanding from those appointed to serve public interest. Loyalty is not something that should be demanded by leaders or bosses but granted by constituents to leaders who have earned it. The fact that you are in a position to make appointments by virtue of a constitutional provision that requires to do so does not mean that the appointee should be loyal to you as a person, instead of the country. However, all appointees should be sincere and committed to the overall success of their leaders for the good of the country.

PT: Nigerians are not satisfied with leaders and public service delivery institutions like INEC and others. What’s your reaction?

Igini: What you said cannot be wholly correct about INEC because the commission is the most innovative and improved public service delivery agency in Nigeria, even though we are still not where we want to be in delivery of credible elections determine finally at polling units and not at tribunals. We are aware that various books on quality service prescribed that the first step in quality-planning process is identifying customers and finding out what their needs are and satisfy them. This is what the commission has been doing and if elected political office holders that made promises on the basis of which they were elected fulfill their commitment, the people will be happy. Elected and appointed public office holders must commit to what the Nigerian people want and treat them as customers that must be satisfied.

This is the first in the two-part interview with Mr Igini. Watch out for the second part.

Source:

Leave a Reply

Your email address will not be published. Required fields are marked *