A sad reflection

That more than four months after the December 7, 2024 general election, we still do not know the elected representative of the Ablekuma North Constituency in the heart of Accra must be a blot on our claim to constitutional democracy and respect for the rule of law and due process.

One cannot tell how things might have panned out if it had been required for the purpose of determining the Presidential polls, as it happened with Tain Constituency in the 2008 elections.

We say with emphasis that our people have the inalienable right to exercise the franchise to enable us to change governments by counting heads, rather than cutting heads. But then we needlessly enmesh and entrap ourselves in an electoral conundrum.

Whilst we wait for the Supreme Court to rule on the matter brought before it by the National Democratic Congress (NDC), we still must be able to comment or reflect upon certain dysfunctional developments that have become clogs, without falling into the trap of Contempt of Court.

We do not mean in any way to undermine the course and cause of justice or judicial process, denigrate any justice of a Superior Court, nor undermine the cause of any of the parties involved in the litigation. 

This is imperative because in spite of all that happened, the Electoral Commission (EC) was able to declare winners in other constituencies where there were breaches to prove its worth in conducting the elections independently.

Constitution

Whilst Article 45 of the 1992 Constitution provides for the functions of the EC, Article 46 guarantees the independence and freedom of the Commission in the performance of its duties, obligations and responsibilities.

In the opinion of UNESCO, there can be no exercise of a duty in the absence of freedom and independence, whilst the enjoyment of freedom without the performance of an obligation renders the freedom meaningless.

Freedom and responsibility must thus go hand in hand, hence the sages saying that " A free man, when he fails can blame no other".

Basis

One may want to ask, upon what basis did the EC declare the winner of the Ablekuma North Constituency before the results from all the polling stations arrived, and also following the first High Court ruling, directing the EC to complete the collation process?

What changed in the case of Ablekuma North, from that of the other constituencies when the Supreme Court upheld the claim by the NDC, and accordingly directed fresh hearing before another High Court because the NDC had accused the first High Court of bias, although the apex court could not sustain the allegation?

Was it difficult for the authenticity of the Pink Sheets to have been ascertained to defuse rumours that some of the Pink Sheets produced by NDC and New Patriotic Party (NPP) were fake?

It is history now that some returning officers of the EC admitted declaring partial results under duress and threats against their lives.

Were there no other agents of political parties other than the NDC and NPP who could have helped with Pink Sheets?  

What is the essence of the Pink Sheets distributed to polling station agents of the parties or candidates?

Where were the police when such returning officers were held in bondage and imminent murder?

Whilst it is true that some critical electoral materials were destroyed by some party supporters, did all the agents have their copies destroyed?

And is it true that some officials of the EC said they could not ascertain the signatures on the Pink Sheets and did that mean the data on the sheets were faked or forged?

What should the police have done which was not done to make the Returning Officer feel so threatened and insecure as to declare partial results and state so when results from all the polling stations were not ready?

As the courts have always maintained, the will of the people must be reflected in the votes cast for or against a candidate, at the polling station rather than on the basis of legal technicalities from the courts.

But the saddest commentary from these developments is the readiness of the political parties to leave this crucial stage in the electoral process to people who are brawny and can resort to impunity and violence in resolving differences rather than those who are brainy and will resolve challenges through analysis and critical thinking.

It has been noted that the general election in Nigeria which brought Gen M. Buhari to power was the most orderly, not because the Nigerian electoral supervisory body was transparent and open but due to the quality of those who served as agents for the parties and candidates.

The agents were said to be men and women of integrity in the Nigerian society, notably university professors, lawyers, engineers, chartered accountants and recognised professionals from all walks of life, but who had endeared themselves to the people.

No matter the outcome of the case before the Supreme Court, there is the need for political parties to select agents whose presence would provide moral direction because of their standing in society.

On the other hand,  the EC must rethink the law such that collation centres would not be battlegrounds but avenues for authenticating results recorded at the polling stations.

The right and proper things must be done at the polling stations, with the guarantee of a conducive and secure atmosphere for free, open, transparent and peaceful exercise of the franchise and the orderly and systematic counting and collation of votes.

The writer is a journalist, lawyer and immediate past chairman of the national media commission