BY O.C. HIGHER KING

1. I must state anon that I have had the privilege of perusing some opinions on this very topical issue of the Independent National Electoral Commission (INEC)’s SUSPENSION of the Rivers State Elections on the 10th of March, 2019 hence this opinion. For avoidance of doubt, the said election was commenced by 8am on the 9th of March, 2019 and SUSPENDED midway on the 10th of March, 2019 after close of polls and at the point of collation of results citing “widespread disruption of elections”.

• Before I go further, let’s take a look at Section 26 Subsection (1) of the Electoral Act (EA), 2010 as amended under which I believe INEC SUSPENDED the said Rivers State Elections because the other subsections 2 to 5 does not have bearing on this discussion. The section provides that:

“Where a date has been appointed for the holding of an election, and there is reason to believe that a serious breach of the peace is likely to occur if the election is proceeded with on that date or it is impossible to conduct the elections as a result of natural disasters or other emergencies, the commission may postpone the election and shall in respect of the postponed election, provided that such reason for the postponement is cogent and verifiable”. 

• From the wordings of Section 26 of the EA produced above, INEC can only POSTPONE an election for two reasons which are that;

a. “There is reason to believe that a serious breach of the peace is likely to occur if the election is proceeded with on that date”;

b. Or “that it is impossible to conduct the elections as a result of natural disasters or other emergencies”.

• By the use of the word “SHALL”, the Section makes it mandatory for INEC to further give cogent and verifiable reason for such POSTPONEMENT. However, there is no doubt that ‘‘serious breach of the peace or natural disasters or other emergencies’’ is cogent and verifiable reasons to POSTPONE an election just like INEC did few hours to the presidential election on the 2nd of March, 2019.  

• Sincerely speaking, I do not know why and where INEC imported the word SUSPEND in Section 26 of the EA. The draftsman would have used the word SUSPEND instead of POSTPONE as used if it wanted to give it the meaning INEC now wants to give to the section in view. 

• Now, let’s take a look at the meaning of the word SUSPEND as used by INEC and POSTPONE as used by the draftsman. The Black’s Law Dictionary free online Legal Dictionary, 2nd Edition defines POSTONE as:

“To put off to a later time; defer; delay; continue; adjourn; as when a hearing is postponed. Also to place after; to set below something else; as when an earlier lien is for some reason postponed to a later lien”. The word “postponement,” in speaking of legal proceedings, is nearly equivalent to “continuance;” except that the former word is generally preferred when describing an adjournment of the cause to another day during the same term, and the latter when the case goes over to another term’’. See State v. Underwood, 70 Mo. 630; State v. Nathaniel, 52 La. Ann. 558, 26 South.

• While the same Black’s Law Dictionary free online Legal Dictionary, 2nd Edition defines SUSPENSION as the act of: “interrupting; to cause to cease for a time; to stay, delay, or hinder; to discontinue temporarily, but with an expectation or purpose of resumption”.  

• From the definition above, can INEC SUSPEND an ongoing electoral process like it did in Rivers State? The answer is in the negative. INEC can only POSTPONE an election yet to start like it did in the Presidential election and not an ongoing election like that of Rivers State.

• It becomes worrisome when INEC purports to SUSPEND the election till further notice as stated on the 10th of March, 2019 INEC press release signed by Mr. Festus Okoye Esq, its National Commissioner and Chairman Information and Voter Education Committee.

1. The best INEC could have done since the elections in Rivers State have been held on Saturday, 9th March, 2019 was to apply Section 27 of the EA to announce the results. INEC having admitted in paragraph one of the 10th of March, Press Release that it has conducted elections on the 9th of March in Rivers State, INEC must by virtue of section 27 of the EA, announce the results. INEC’s decision to postpone the already held elections is ultra vires, illegal and unconstitutional. Such an unlawful decision can now be challenged in court by virtue of Section 26 subsection 5 of the EA. The challenge can be launched by any of the many contestants at a court or tribunal of competent jurisdiction and on such a legal challenge, the decision of INEC shall also be suspended until the matter is determined.

1. Section 26 of the EA which INEC relied upon does not avail it. The said provision does not apply to a situation where an election has already been conducted or held, which is the present position in Rivers State.

1. It will soon be in the Guinness book of world that the present INEC holds the records to inclusive elections in the world. Regrettably, it is steadily becoming the culture and pattern of our elections. Indeed, there has never been any major election conducted by this current electoral body that has not been characterized by inconclusiveness. Never in the electoral history of this country have we had it so inclusive.

1. INEC again released another press statement on the 15th of March, 2019 without date for the completion of the election but rather passing judgment on other agencies and treading blames.

1. In as much as I condemn the participation of Soldiers and other security agencies in election, it is to be noted like Late Professor Chinua Achebe said in his ‘‘Things Fall Apart’’ that ‘‘he who brought home fagots infested firewood should be ready to entertain the lizard’’. Security agencies and thugs participation in election came with the advent of the civil rule in 1999. Particularly, in 2003 during the struggle for re-election and others looking for political space after seeing how never do wells suddenly became super rich in four years. Security agencies and thugs participation in election is purely a creation of the politicians. No Soldier, thugs, cultist etc. have the effrontery to participate in an election without the approval of the politicians. So INEC to my mind should concentrate on its failure and address it. Curiously, INEC did not blame any of its staff or ad hoc staff irrespective widespread accusation of connivance both with politicians, security agencies and thugs to subvert the electoral process. It is not INEC’s place to tell us who did what without telling us what it did.

1. Now, INEC after purportedly SUSPENDING the election on the 10th of March, 2019 came up on the 15th of March, 2019, six days after being in possession of the said results to tell us that it has some results in its custody and now ready to release same without more.  

1. The question is:  
2. Will all the parties accept the results?
3. Is it not possible that the results have been tampered with?

1. INEC shot itself on the foot the moment it purported to have SUSPENDED the elections without first announcing the results in its custody.

1. The proper thing to have been done by INEC upon receiving reports of violence in some polling units was to go ahead with the collation and announce the results in those areas that was violence and disruption free and cancel the results for the areas affected by violence or otherwise and not to SUSPEND the entire elections borrowing the words of INEC as if the entire state was enmeshed in violence and disruption and immediately fix a date to conduct poll in those affected areas. Why didn’t INEC cancel the entire presidential election because of violence and disruptions recorded and reported in several parts of Nigeria? The cancellation of the presidential election would have been preposterous just like Rivers State election SUSPENSION is preposterous.

1. However, if indeed this INEC had results of 17 local Government Areas out of the 23 local Government Areas of Rivers State as well as 21 constituency results out of 32 constituency results of Rivers State in its custody and still went ahead to SUSPEND the results according to it, then, this INEC needs scrupulous examination of its brain.

• Another question that begs for answer is, what has changed and what value has INEC added to the results between the 10th of March, 2019 and today, the 18th of March, 2019 that I am writing this piece and probably the 20th of March, 2019, the day INEC set aside to inform the Rivers people of what it intends to do towards the completion of the electoral process in Rivers State. This INEC is indeed preposterous.

• It is indeed worrisome that after six days that INEC cancelled the elections in Rivers State, it does not seem to know what do or next line of action. It is either INEC is being influenced and induce to be mischievous or it does not know what to do. If the later is the case, once again, this INEC needs scrupulous examination of its brain.

• For me, initially I thought releasing the results as collated on the 9th of March, 2019 and conducting fresh polls in the violent disruptions affected areas would have been in the best interest of the parties and Rivers people, but after going through several piece on the same issue vice versa the laws and conduct of INEC, I now come to the inescapable conclusion that fresh polls will suffice.

O.C. Higher King, a human rights advocate based in Rivers State, Nigeria, wrote this article.