By Tafa A. Balogun, Inspector General of Police
DEFINITION
OF CONCEPTS
Elections
Elections are generally conceived as a means of peaceful change of leadership
in societies. It is defined as a "process of actualising representative
democracy and it exposes people to the experiences of competition for
power through balloting"
In democratic
societies, elections empower ordinary citizens to choose among contestants
for political offices and promoted or encourage participation in governance.
Violence
Violence is defined as "an act against an individual or group, with
the intent to cause injury or death" Otite 1990, explains that "violence
and conflict arise from the pursuit of varying interests, goals and aspirations
by individuals, and or groups. He also explains that violence is a fact
of life, especially in plural societies like Nigeria and it could effect
positive change"
ELECTORAL VIOLENCE:
In general terms, all forms of violence that emanate, at any stage, from
differences in views, opinions and practices during the process of elections,
could be regarded as electoral violence. Electoral violence is the employment
of force by political parties or their supporters to intimidate opponents
and threats to a democratic regime, and has often accounted for seizures
of political power by the use of undemocratic means, such as force"
In some instances,
the violence was used to intimidate opponents in order to force them not
to dare open and free expression of their choices of candidates; whilst
in others, violence was in reaction to rigging of elections.
SECURITY
Dan Bellany views security as "…relative freedom from war coupled
with relatively high expectation that defeat will not be a consequence
of any war that should occur" According to O.B.C. Nwolise, security
refers "to safety, freedom danger or risk, protection from espionage,
infiltration, sabotage, theft etc" National security therefore entails
the measures, facilities and systems put in place by a nation to secure
its citizens and resources from danger and the risk of infiltration, sabotage,
subversion or theft etc.
Since I have
less than 15 minutes to talk I will briefly examine electoral violence
in the light of National Security Vis-a-vis the role of the Nigeria Police
as the principal security agency in Nigeria.
2. NATIONAL SECURITY:
A major goal of any civilized society is to ensure that law and order
is maintained thereby guaranteeing the general security of the citizenry
and ensuring public tranquility. Chapter II, Section 14 (2) of the Constitution
of the Federal Republic of Nigeria, 1999 states inter alia
(a)"
the security and welfare of the people shall be the primary purpose of
government, and
(b) the participation by the people in their government shall be ensured
in accordance with provisions of this Constitution"
In accordance
with this Constitutional provision, the governments of Nigeria have the
responsibility to cater for the security and welfare of Nigerians, and
also to ensure that Nigerians freely participate in their governments.
The basic form of such participation is the exercise of the right to vote.
Therefore any situation that obstructs any citizen from exercising his
civic and constitutional rights to vote and be voted for must be taken
as a violation of his civic and Constitutional right to freedom of expression.
The government is supported in the pursuance of these by the Nigeria Police
which owes its legal existence to Section 214 (1) of the 1999 Constitution
which states:
" there
shall be a Police Force for Nigeria which shall be styled the Nigeria
Police Force and subject to the provision of this Section, no other Police
Force shall be established in the Federation or any part thereof"
The statutory
duties and functions of the Nigeria Police Force are clearly defined under
Section 4 of the Police Act CAP 359, Laws of the Federation of Nigeria
1990. These duties are listed as:-
I. the protection
of life and property;
ii. the prevention and detection of crime;
iii. the apprehension of offenders;
iv. The preservation of law and order and
v. the enforcement of all laws and regulations with which they are directly
charged, as well as performance of such military duties within and without
Nigeria as may be required of them.
Statutes
on the Policing of Electoral Process by the Police:
The instrument of power and authority of the Police to discharge its statutory
functions including policing the electoral process are contained in the
various statutes, such as the Nigeria Constitution, Police Act, Criminal
and Penal Codes, Public Order Act, Electoral Act, Criminal Procedure Act
or Code etc.
POLICE ROLE IN THE ELECTORAL PROCESS
(f) Pre-Election Period: During the period proceeding elections the Police
is usually involved in the following activities:-
Registration of Voters: whenever this exercise will be conducted by INEC
to ensure that the registration is updated, reliable and acceptable to
all parties, it is usually the duty of the Police to provide enabling
environment not only to ensure that law and order is maintained at the
various registration centres throughout the country, but also to provide
adequate security for the materials and officials connected with the exercise.
They are also to attend to crises that arise during this period to ensure
that the voters registration is hitch free.
Screening
And Clearing of Political Aspirants: The Police also has a vital role
to play in the successful screening and clearance of political office
aspirants, through furnishing the Electoral Commissioners with available
confidential information or records to assist determine correctly the
eligibility of prospective candidates;
Party Congresses
and Conventions: One of the major activities of political parties is the
organisation of party congresses and conventions during which party executive
members for various levels are elected to oversee the activities of such
parties. The parties are saddled with the responsibility of ensuring adequate
security coverage to enhance peaceful conduct of such congresses and conventions.
There is no disputing the fact that most of the congresses held before
the elections times by the political parties would have been disrupted
by aggressive and violent party members and their supporters if not for
the heavy security presence on the grounds.
iv Political
Campaigns/Meeting/Rallies:" Registered political parties regularly
organize campaigns, meetings and rallies for their members. It is the
duty of the Police to ensure that such campaigns and rallies are regulated
to ensure law and order. The Public Order Act of 1979 empower the Police
to issue permits for such rallies, campaigns, meetings and processions.
The Act mandates all political parties or groups intending to hold rallies,
campaigns or processions to apply to the State Commissioners of Police
for a permit. The application which should be submitted not less than
48hrs before the date and time of such meeting should indicate the venue,
time, date and routes to be taken in the case of a procession. The approval
of such an application should be obtained in not less than 24 hours before
the meeting, rally or campaign. Section 3 of the
Public Act states that;-
"Any
assembly held without an approval by the Police shall be deemed to be
unlawful an da ny person caught participating in such assembly shall be
liable on conviction to a fine of N1,000.00 or 6 months imprisonment or
both"
The permit
when granted normally directs on the routes to be taken in the case of
a procession and also prohibits any conduct that could breach the peace
or threaten lives and property. The Act additionally prohibits the carrying
of offensive weapons during such meetings, rallies, campaigns and processions.
It further
empowers the Police to withdraw such permits if there are manifest circumstances
that peace could be threatened as a result of holding of such meetings,
rallies, campaigns or processions.
The Electoral
Biff 2001 under Section 98 further empowered the Commissioner of Police
in a State and FCT-AbuJ'a to provide adequate security for campaigns and
Political rallies in the State or the FCT as the case may be.
v. Prohibition of Quasi Military Organization:-
In anticipation that some unscrupulous elements who might, under whatever
disguise, attempt to disrupt lawful assemblies, the Public Order Act prohibits
the establishment and or use of Quasi Military organisations and militant
groups which could constitute a threat to smooth electoral processes.
The Police therefore carry out intelligence gathering on all groups and
associations to verify if they fall within such quasi military groups
whose activities are capable of thwarting a smooth electoral process.
The Police
is empowered to deal with such associations by Section 6 (1) a & b
Public Order Act which provides inter alia, that if any association (whether
corporate or non-incorporate)
a. Organizes
or trains or equips persons (whether or not members or adherents of any
such association) for the purpose of enabling any such person to be employed
in usurping the functions of the Nigeria Police Force or of the Armed
Forces of the Federation"
b. "Organises and trains or equips persons (whether or not members
or adherents of or any such association) either for the purpose of enabling
such persons to be employed for the use or display of physical force in
promoting any political objects, or in such manner as to arouse reasonable
apprehension that they are organised and either trained .or equipped for
that purpose" Such association shall be liable to a fine of N5,000.00
or members will be imprisoned for 2 years or to both fine and imprisonment.
c. In the case of a person who is proved to be engaged in being organized,
trained or equipped will be liable to a fine of N1,000.00 or imprisonment
for 6 months or to both such fine and imprisonment.
The Electoral
Bill 2001 went further to prescribe punishment for bearing or carrying
missiles unlawfully in a political rally/voting centre. Section 98 (2)
states thus:
"A person who, while present at a political rally or procession or
voting centre, has with him any offensive weapon or missile otherwise
than in pursuance of a lawful duty is guilty of an offence and liable
on conviction to a fine of N100,000 or imprisonment for a term of 2 years
or both"
vi. Nomination
Processes: While the parties are involved in conducting nomination processes
tor their candidates for various elective posts ranging from the local
to national levels, Police normally mount close surveillance/ security
coverage to ensure they are hitch-free and always available to prevent
breakdown of law and order.
b.
ELECTION DAY:
a. Conduct
of the Elections: whenever any major election is holding, Police collaborates
closely with INEC to ensure security of electoral materials, the officials
and peaceful conduct of such elections at all centres including the collation
of results. On such occasions too, enhanced security arrangement is usually
made for INEC officers, and the headquarters of the parties. Security
agents also provide escort for polling officials conveying final election
results to the headquarters of the Electoral Commission.
c. POST ELECTION PERIOD
I. Election
Tribunals: The Rule of law is a major ingredient of democracy. Consequently,
election tribunals are always established to hear petitions arising from
the conduct and result of election. Because of the sensitive nature of
such cases and their attracting huge crowd of party supporters to the
court, adequate security arrangement is normally made to ensure that the
job of the tribunal is undisturbed. Police personnel who are vital witnesses
in such cases are also made available to assist the court in promptly
determining the petitions. Police also function in the arrest and prosecution
of persons accused of involvement in 11 election offences, thereby helping
to facilitate effective administration of justice and sanitizing the electoral
systems.
ii. Post -Election Crises: It is a known fact that our country witnesses
some post election crises in the past particularly during the elections
of 1964, 1983 and 1993. These crises have always been traced to such reasons
as the inability of the parties and their members to gracefully accept
defeat; for obvious malpractice during the conduct of the elections; lack
of respect for the Rule of law and outright desire to cling to power by
all means. It has therefore been the onerous responsibilities of the Police
to handle such delicate crises in such a manner to ensure that the internal
security and corporate existence of the nation are not threatened.
I wish to
emphasis that in the history of our county as an independent nation, post-election
crises have been found to portend greater danger to the survival of democracy
and indeed the nation than crises experienced before and during elections.
It is on this basis, that I wish to passionately appeal to all politicians
when the need arises to accept defeat in sport-like manner or follow the
due process of law in seeking redress in the event of any dissatisfaction
arising from the conduct of elections. While all others who are also connected
should discharge their assigned duties diligently, responsibly, with the
fear of God and without fear or favour.
ELECTORAL VIOLENCE AND ITS IMPLICATION ON NATIONAL SECURITY:
Electoral violence disrupts the electoral process and creates dissent
among the stake holders. When these crises are properly managed, these
dissent are localised and do not adversely affect the stability of government.
If therefore not properly managed, electoral violence, could, in conjunction
with other prevailing factors lead to anarchy and ultimately to political
instability.
Our experience
in the recently concluded elections indicate that there is an unbridled
flagrancy in the smuggling and use of arms and ammunition by political
thugs and party supporters. The result has been that political opponents
are either intimidated or outrightly killed or injured.
The implication
of all these are that illegal arms get into the hands of unauthorised
persons who used them for criminal activities. Resources which ordinarily
would have been spent on developmental projects are spent combating such
crimes or repairing damages caused by these hoodlums. Worse still the
economic community are put on edge and many investors are scare away by
the apparent lack of security for their investment
The foregoing
is tantamount to a threat to our national security. The recent episode
in Anambra State illustrates what damage unbridled political gangsterism
could cause.
RECOMMENDATIONS AND CONCLUSION:
To solve any problems there is always the need to understand the root
cause of the problems. To effectively tackle the hydra-headed problem
of political violence in Nigeria one will need to know the cause. Political
analysts in Nigeria have identified the cause of political violence as:
i. Partisanship and Bureaucratic bottle-necks;
ii. Rigging of elections;
iii. Annulment of Election Results;
iv. Electoral mal-practices;
v. Faculty delineation/improper location of polling centres
vi. Denial of right to free campaigns;
vii. Undue coercion of citizens to vote;
viii. Multiple underage voting amongst other causes.
Suggestion
have been preferred that to stamp out electoral violence in Nigeria the
following measures should be taken:-
i. Use of National Identity Card:-
The use of identity cards to vote as is done in advanced countries like
USA would allow for proper registration of voters and prevent multiple
voting thereby eliminating the attendant contentions about multiple voters
and underage voting.
ii. Mass Education:-
The Agencies of government charged with mass education should rise up
to their duties. A properly educated and in formed public will not only
see the ills of political violence and refrain from it, but will also
help Nigerians take the right political postures about issues and policies.
iii. Need for Electoral Law Reforms:
It has been observed that the punishment for electoral violence and offences
are too weak to deter would be offenders. It is therefore recommended
that sponsors of political violence and their agents should face heavy
fines or long jail terms on conviction. iv Citizens Participation in Politics
It is unfortunate that most Nigerians view politics as the business of
few in political power and the few in power see them selves as Lords and
not servants. Citizens should be educated to feel they have a stake in
governance and measures should be put in place to make elected officers
accountable and more responsive.
v.
Good Governance:
Political stability and peace is a function of good governance it implies
high level of organisational efficiency in relation to policy formulation
and implementation. It entails accountability, transparency, participation
and maintenance of rule of law.
vi.
Establishment of Constitutional Court
To avoid the diverse and indiscriminate interpretation of laws relating
to elections and the indiscriminate issuance of injunctions and ex-parte
motion, it is recommended that a Constitutional Courts should be put in
place to interpret and handle election and Constitutional matters. This,
it is believed will curtail some excesses that in many instances generated
electoral violence.
It is my
belief that with the implementation of the measures outlined above, and
the appropriate funding and equipping of our security outfits, the nation
will experience less of politically motivated violence.
Thank you for the audience and God bless.
REFERENCES
i. The Constitution of the Federal Republic of Nigeria 1999
ii. Mr. J.A.
Ayoade "Aims and Objectives of Election Monitoring in Ayoade J.A.
(ed) Handbook of Election Monitoring in Nigeria University of Ibadan.
Vantage Publishers 1999 p3
iii. "Violence"
in Encyclopedia Britannia Vol 12 (Chicago:
Encyclopedia Britannia 2000)
iv. 0. Otile "On conflicts, Their Resolution, Transformation and
Management" in 0. Otite and I Albert, (Eds) Community Conflicts in
Nigeria: Management Resolution and Transformation. (Ibadan Spectrum Books,
1999) p.1
v. G.B. Powel Dr. Contemporary Democracies Participation. Stability and
Violence Cambridge: Harvard University Press 1982) p 169. quoted in Col.
A.I. Etomi, "Electoral Violence and Political I nstabitit/'un-pubtished
paper NWCAbuj'a, 2001
vi. Jan Bellany Quoted in Barry Buzan "People States and Fear An
Agenda for International Security in Post Cold War" (Colorado Reenner
Publisher, 1991)p7
vii. Nwofise OBC "Nigeria's Defense and Security System Today"in
U. Uleazu (ed) Nigeria The first 25 years, (Ibadan Heinmann Publishers,
1988) p81
viii. Public Order Act
xii. Electoral Act (CAP 105, LFN 1990)
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