The decision by the security agencies and forces not to provide security for the February 2015 elections is a coup against democracy, the constitutional order, the electoral process and the Nigerian people.
The Independent National Electoral Commission in compliance with section 25 and 30 of the Electoral Act, 2010(as amended) issued the timeline for the conduct of all the strands of elections provided for in the Constitution. The security agencies did not complain about the dates and did not call for an adjustment of the timelines. They did not oppose the conduct of elections in the North East of Nigeria and were taken into confidence as regards voting by Internally Displaced Persons. At every forum, the security agencies assured the Nigerian people that all systems are geared towards the successful conduct of the elections and urged Nigerians not to be cowed by insurgents.
It is unfortunate and a constitutional aberration that the security agencies that did not oppose the conduct of elections have decided to kidnap democracy through the illegal abdication of their constitutional and statutory responsibility to provide security for the conduct of elections.
It is more shameful that a country like Nigeria can commit so much to an election and get this type of embarrassment. So much resource has been committed to the electoral process. Agencies and organisations have signed contracts and made payments for various services connected with the elections. Domestic and international observers have mobilized. Domestic and international media has mobilized. Nigerians have made all sorts of preparations including mental and emotional preparations. People have made arrangements and some have relocated due to the scare mongering of a section of the political elite. All these are now in abeyance.
We find it difficult to understand why the security agencies decided to blackmail and push the burden of postponement to the electoral management body. The security agencies are aware that the Independent National Electoral Commission can only postpone an election under section 26 of the Electoral Act, 2010 (as amended) only on grounds of a likelihood of a serious breach of the peace or natural disasters or other emergencies and these must be cogent and verifiable.
It is our opinion that the Electoral Act, 2010(as amended) has made provision for the isolation of areas of security challenge and a return may not be made for such areas if the quantum of votes will affect the results. So, the use of the North East insurgency as bait is only a cheap blackmail to achieve a predetermined outcome.
If the security agencies truly believe that Nigeria is at war and it is impossible to hold elections, they should have accepted responsibility and advised the President and Commander in Chief to approach the National Assembly to extend his regime by a period of six months utilizing the provisions of section 64(2) of the Constitution rather than blackmail the electoral management body to achieve a predetermined result.
The added danger in the manipulation of the electoral timelines is that Nigeria may be heading towards a constitutional cul-de-sac. By section 132(2) of the Constitution of the Federal Republic of Nigeria, 1999(as amended) elections must be held not later than 30 days to the terminal date of the last holder of the office. If the present election is postponed and a second election is to be conducted in accordance with section 134 of the Constitution, it may be next to impossibility to accommodate same within the constitutional framework and this will land Nigeria in an interim government arrangement.
We must be careful not to play into the hands of anti-democratic forces that want to abort our democracy. The Nigerian people are advised to remain calm and act within the constitutional order and not give an excuse to those that do not want the elections to hold.
Barrister Festus Okoye, National Coordinator, Independent Election Monitoring Group(IEMG), February 7, 2015
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