Former Vice President and the 2023 presidential candidate of the Peoples Democratic Party (PDP), Atiku Abubakar on Monday, has made some recommendations which he said would strengthen Nigeria’s democracy and political institutions.
Atiku made the submissions during a world press conference in Abuja in which he reacted to the Supreme Court verdict which affirmed the victory of President Bola Tinubu at the polls and threw out his own petitions.
He said the proposals and recommendations should “prevent any court or tribunal from hiding behind technicalities and legal sophistry to affirm electoral heists and undermine the will of the people.”
According to him, the recommendations are: electronic voting and electronic collation of results must be made mandatory, all litigation arising from a disputed election must be concluded before the inauguration of a winner, the requirement to declare a candidate winner of a presidential election must be moved to 50% +1 of the valid votes cast, a single six-year term for Presidents to be rotated among the six geo-political zones, INEC should be the one to verify the certificates of candidates and not opposition candidates, and amendment of the Electoral Act.
The PDP candidate emphasized the need to have free, fair and transparent elections.
In his words, “So, let me make a few proposals that I believe will help. We can urgently make constitutional amendments that will prevent any court or tribunal from hiding behind technicalities and legal sophistry to affirm electoral heists and undermine the will of the people. Our democracy must mean something; it must be substantive. Above all, it must be expressed through free, fair and transparent elections that respect the will of the people.
“Firstly, we must make electronic voting and collation of results mandatory. This is the 21st century and countries less advanced than Nigeria are doing so already. It is only bold initiatives that transform societies.
Secondly, we must provide that all litigation arising from a disputed election must be concluded before the inauguration of a winner. This was the case in 1979. The current time frame between elections and inauguration of winners is inadequate to dispense with election litigations.
What we have currently is akin to asking thieves to keep their loot and use the same to defend themselves while the case of their robbery is being decided. It only encourages mandate banditry rather than discourages it.
“Thirdly, in order to ensure popular mandate and real representation, we must move to require a candidate for President to earn 50% +1 of the valid votes cast, failing which a run-off between the top two candidates will be held. Most countries that elect their presidents use this Two-Round System (with slight variations) rather than our current First-Past-the-Post system.
“Examples include France, Finland, Austria, Bulgaria, Portugal, Poland, Turkey and Russia, Argentina, Brazil, Ivory Coast, Sierra Leone, Namibia, Mozambique, Madagascar and even Liberia where a run-off is expected to hold in the coming days.
Fourthly, in order to reduce the desperation of incumbents and distractions from governing and also to promote equity and national unity, we need to move to a single six-year term for President to be rotated among the six geo-political zones. This will prevent the ganging up of two or more geo-political zones to alternate the presidency among themselves to the exclusion of other zones.
INEC should be mandated to verify the credentials submitted to it by candidates and their parties and where it is unable to do so – perhaps because the institutions involved did not respond in time – it must publicly state so and have it on record.
A situation where a candidate submits contradictory credentials to INEC in different election cycles and the electoral umpire accepts them without question points to gross negligence, at best, or collusion to break the law by the leadership of the INEC, at worst. The submission of contradictory qualifying documents by a candidate as well as those found to be forged or falsified should disqualify a candidate even if the falsification or forgery is discovered after the person had been sworn into office.
The burden of proving that a document submitted to INEC is forged should not be on the opposing candidates in the election. It is never the responsibility of an applicant for a job to prove that the person who eventually got the job did so with forged documents.
In addition to these proposed constitutional amendments, the Electoral Act should be amended to provide that, except where they explicitly violate the Constitution and other laws, the rules and procedures laid down by the electoral umpire and made public for the benefit of the contestants and the voters will be treated as sacrosanct by the courts in deciding on election disputes.
A referee cannot be allowed to set the rules for the game only to change or ignore them when one side has scored a goal or is about to win the match. We must restore confidence in our electoral system which the current leadership of INEC has completely eroded and undermined.