By Celestine Okafor (Editor-in-chief) @CelestineOkaf11
Chairman of the Independent National Electoral Commission (INEC), Professor Mahmoud Yakubu, on Wednesday, evaded tricky enquiries from the media regarding the conduct of the Saturday, February 25th, 2023 Presidential election, the result of which the Commission based its pronouncement of the candidate of the All Progressive Congress (APC), Bola Ahmed Tinubu, as winner of the poll.
The occasion was the commission’s meeting with the Nigerian media executives at its headquarter in Abuja, on the review of how the 2023 general elections was conducted.
The parley was also aimed at soliciting for informed views from the media chiefs on how INEC could improve on its conduct of future elections, starting with the Kogi, Edo, Imo, Ekiti, Ondo, Anambra and Bayelsa states off-season and sundry elections.
After the presentations by the INEC boss on the conduct of the general elections and some of the challenging issues encountered by the Commission and the successes it had recorded, a flurry of interrogatory questions from the media executives on some of the alleged observed flaws in the exercise, particularly in that of the contentious presidential poll, began to pour in.
The INEC boss, however, found some of the enquires too tricky to handle and therefore carefully evaded them. Though apparently clever in responding to some of the seemingly innocuous ones, Prof. Mahmoud conveniently took cover under what he described, in legal parlance, as "sub-judice", declining to offer comments since the result of the election is currently before the Presidential Election Petition Tribunal (PEPT) in Abuja.
For instance, Mahmoud was taken to task by the inquisitive media chiefs on the content and validity of the Presidential election results which INEC uploaded on its Irev portal. He was also urged to provide clarifications on why the results of the poll were not uploaded real time as variously promised by INEC before the election.
Recall that the Commission's boss had severally debunked allegations that INEC would not keep to its promises to conduct a free, fair and credible election to make the electorates votes count. He unequivocally assured Nigerians and the international community that INEC would shame it's alleged traducers at the end of the poll exercise.
Mahmoud was also tackled on the issued of two-third votes from the 36 states of the federation and the mandatory vote score of 25% in Abuja by the Presidential poll contestants before the winner of the election must be announced. The INEC Chairman was requested to explain why election materials arrived late at some of the polling units among other issues.
But Professor Mahmoud Yakubu managed to provide perfunctory and scanty responses to most of these key election issues. He, however, outrightly dogged most of them under what he termed as 'sub-judice' (meaning that such contentious poll matter are before the court of law to adjudicate upon).
A case in point. This medium (NIGERIAN NEWSLEADER Newspaper) asked Professor Mahmoud whether, as head of the Nigeria's electoral body, he would advice or recommend to Nigerians and the global community to accept, as authentic, the presidential poll results posted on the Commission's IReV portal. The newspaper also asked the INEC chairman to predict the voter turnout by Nigerians in the future elections should the Judiciary eventually accept the last presidential election results he had declared on Wednesday, March 1, 2023, as valid.
Either way, however, Professor Mahmoud Yakubu knew he might put his foot in his mouth before the Commission's media audience. And he replied thus: "Okafor (referring to the NewsLeader Editor-in-chief), your questions are so direct but l will give you a direct answer. They are sub-judice !".
However, legal pundits are sharply divided in their opinions on the claim by the INEC boss that discussing some associated issues regarding the contentious presidential election are sub-judicial, which is akin to an interference with the on-going legal processes in respect of the poll case.
While some of the legal luminaries faulted the INEC chairman's position, contending that even the attempt or decision by the Commission to summon such a media executives conclave to deliberate on the 2023 general election exercise in the name of a 'review' while the case is still in process, is, in itself, sub-judicial, other legal respondents outrightly took sides with Prof. Yakubu.
"On the exterior, it looks like a sub-judice to entertain any issue regarding that presidential election since a case in respect of that exercise is still before a court of competent jurisdiction", quips Barrister Sechap Tsokwa, an Abuja based constitutional lawyer, "but if Professor Mahmoud Yakubu knew that he would not answer the journalist's questions, he ought not to have called for that 2023 election review meeting which in itself represents sub-judicial acts. How does INEC review what it does not want to talk about? It is a clear contradiction".
Barrister Tsokwa posits that it was wrong for the INEC boss not to explain certain basic issues of public concern about the conduct of that controversial presidential election. He said that there is nothing Mahmoud would have said that will not put him on the firing line. What the INEC Chairman should have simply done was to refocus that meeting with the Journalists and call it a deliberation on how to improve on future elections. INEC can only talk about a review of the 2023 elections when the pending cases in respect of the election have been disposed at the courts.
Another city attorney, Barrister Kachi Onyema, aligns with Tsokwa. He argues that if the INEC boss or the Commission's representative could go to the tribunal court to proudly testify that they stood by the poll results as announced, why should he (INEC Chairman) shy away from affirming to the media that he still stands his ground on that result, afterall, he had announced the results before the same media late night?
Barrister Onyema further contended. "Remember, we the lawyers often come out of the courtroom to insist categorically that with the emerging facts in court, our clients will come out of a case Innocent. Is that same case not still in court? The INEC's National Commissioner on Voter Education, Barrister Festus Okoye, came out recently on Channels Television to speak on the same election case still in court.
"The European Union Election Observer Team that recently released their report on the election, why didn't INEC fault it as sub-judicial? So, INEC wants to move forward with the next election exercise while the one it just conducted is still in a judicial tangle alias sub-judice? It also means that INEC wants to use the media and the journalists again to persuade the Nigerian people to come out and vote in the next season. I think Professor Mahmoud Yakubu's courage simply failed him in dealing with those questions by journalists". . Barrister Kachi Onyema however pointed out that the problem now with democracy in Africa is that the key institutions that supervise the electoral process are being largely compromised and also used to subvert democracy and the democratic process. "And if this ugly development continues", he said, "African leaders themselves who allegedly orchestrate these interferences in the election process will be in for a big trouble.
"Soon, the continent of Africa will be under the gun (military rule) again. There is nothing the ECOWAS and the African Union (AU) heads of government can do about it. No matter how loud they cry out against it. And don't forget, that the constitution of Nigeria and indeed that of most democratic countries in Africa have spelt out clearly how leaders should emerge in a democracy.
"In the case of Nigeria, the 1999 constitution, as amended, stipulates that no person or group of persons shall ascend to democratic power or take over power outside the provisions of the constitution which is by the clear mandate of the people. Anything short of that is a coup de tat, whether military or civilian coup. And such offence is treasonable".
However, another lawyer, Barrister Douglas Ekhator, disagreed with his learned colleagues. He told NIGERIAN NEWSLEADER that the INEC boss was right in circumventing the questions based on his legal concept of sub-judice. He argued that the questions directed to Professor Mahmoud Yakubu by the journalists, particularly by the representative of this news medium (NewsLeader), were actually at the heart of the contentious issues currently before the Presidential Election Petition Tribunal.
But Barrister Ekhator agreed that there are still other issues in the election process which are free from being perceived as being sub-judice, such as late arrival of poll materials, etc. He however described those ones as perennial because, according to him, most of the factors that engender lateness of election materials are beyond INEC.
Meanwhile, on the aspect of how 2023 elections can be improved upon in future elections conduct by the Independent National Electoral Commission (INEC), Prof. Mahmood Yakubu, said the commission will continue to welcome suggestions that will improve future elections and Nigeria’s electoral process.
He lauded media practitioners for their contributions to the improvement of Nigeria’s electoral system, especially in information dissemination and sensitisation of citizens on election processes. Professor Mahmoud Yakubu noted that while there were many positive aspects of the general election, there were also several challenges.
“The commission is aware that aspects of the election are undergoing litigation at various elections petition tribunals. While we are careful not to touch on issues that are clearly sub-judice, it is appropriate to review the election broadly as enumerated on the agenda for this meeting", Yakubu said
He solicited for the cooperation and advice of media practitioners in the review of the 2023 general elections, to improve future elections in the country.“ He said "beyond reporting our activities, we are also convinced that as citizens, you should be part of the discussions for the overall improvement of our electoral process, based on your field observations.”
Yakubu said that INEC would like to hear concrete observations and suggestions on the processes and procedures for accreditation of media organisations. He said that INEC would like to share the experiences of media workers on various issues, including access for journalists to voting and collation of results on election days, conduct of pre-election activities by the commission, continuous voter registration and voters’ access to polling units.
The INEC boss cited other areas of interest for experience sharing as deployment of logistics for the movement of personnel and materials, recruitment and training of ad-hoc staff, conduct of regular and ad-hoc officials during the election and security issues during the election. He said that the commission also needed to know the role of technology in voter-accreditation and result management as well as other suggestions that would improve the conduct of future elections.
Prof. Yakubu said that apart from the review, INEC would also want to share ideas with media practitioners on the upcoming governorship elections in Bayelsa, Imo and Kogi.
The President of the Nigeria Union of Journalists (NUJ), Chief Chris Isiguzo, said that the commitment of media practitioners in Nigeria to public enlightenment and voter education remained unwavering. He said that journalists were playing crucial roles in upholding the pillars of democracy — transparency, accountability and the right to information.
Isiguzo advised media practitioners to be thoughtful, honest, and constructive in their review of the general election as their collective efforts would shape the future of media involvement in Nigeria’s electoral processes.
The NUJ National President said, “In an era dominated by technology, the dissemination of information has transcended traditional boundaries. The 2023 elections witnessed an unprecedented convergence of mainstream, social and online media in shaping public opinion.
“As we reflect on our media coverage during the elections, let us recognise the power we hold in influencing perspectives and narratives. We must critically analyse the impact of our reporting, ensuring that it remains fair, balanced and free from any undue influence.”
Isiguzo advised the media to use the moment of the review to address issue of hate speech and misinformation. “While the media plays a crucial role in fostering democracy, we also face challenges that demand our unwavering attention. The rise of hate speech and fake news pose a threat to the fabric of our society.
“As we review the 2023 elections, let us candidly address the issue of hate speech and misinformation and seek ways to combat them without infringing on the principles of free speech,’’ Isiguzo said. (with additional report from NAN). NNL.
