Accountable Democracy

" Nigeria frees journalist Sowore, Dasuki from detention" https://qz.com/africa/1775005/nigeria-frees-journalist-sowore-security-dasuki-from-detention/ ( Source: Quartz Africa) Commentary "Be you ever so high  the Law is above you"  So cries the immortal words of Lord Fuller  And decades have not drowned out the wisdom in that cry Democracy in Nigeria has tottered on the path of disregard for court orders not only when issues of the civil societies are concerned but also when national security is alleged to be threatened Where can we be, without the rule of law? Our elections will be a theatre of war since nobody will believe in redress from the courts Our governments will be autocratic since every opposing voice will be silenced Our constitution will become "toothless" and the entire fabric of society comes falling down In the year 2020 and beyond, I dream of a Nigeria and Africa where both the government and the governed ...

" Clamour for electronic voting as Senate mulls Electoral Act amendment" https://thenationonlineng.net/clamour-for-electronic-voting-as-senate-mulls-electoral-act-amendment/ ( Source: Nation Newspapers)

Oyo Governorship: Appeal Court rules in favor of APC but leaves Makinde in Office https://www.premiumtimesng.com/news/headlines/362257-oyo-governorship-appeal-court-rules-in-favour-of-apc-but-leaves-makinde-in-office.html ( Source: Premium Times) Commentary If the media reports are true, then it will be weird that the Court of Appeal found that the right to fair hearing of the appellant has been breached but yet failed to provide a remedy for this breach. Of course we know that Sec. 134(2) of the Electoral Act provides that the Election Petition Tribunal must deliver its judgement within 180 days from the filing of a petition. We also know that every successful proof of a petition should be accompanied by any of the three relief( i.e nullify the election, order a fresh election, or declare candidate with the highest number of valid votes elected) provided for in section 140(1)-(3). However, I do not think the Supreme Court should be incapacitated regarding any appeal ...

Atiku loses, APC mocks PDP, opposition attacks judiciary https://punchng.com/atiku-loses-apc-mocks-pdp-opposition-attacks-judiciary/ ( Source: Punch Newspapers) Commentary After the decision of the Presidential Elections' Tribunal(the Court of Appeal) which dismissed the petition of the main challenger( Atiku/PDP) in the February 2019 Nigeria's presidential election I anticipated the possible outcome of the appeal at the Supreme Court Now that the Supreme Court has equally dismissed the petition with its reasoning reserved for another day It might be ripe for me to reproduce the said post below: " While awaiting the official report of the tribunal's ruling, It might suffice- for now- to rely on the excellent reporting from the Punch Newspapers regarding today's ruling. First, the tribunal resolved "Issue 3" regarding whether Buhari was elected by "a majority of lawful votes" in favour of the respondents( i.e Buh...

Eliud Kipchoge breaks two-hour marathon mark by 20 seconds https://www.bbc.com/sport/athletics/50025543 ( Source: BBC Sport) Commentary It feels great to be African always, but more so these past few days. With Ethiopia's Abiy Ahmed Ali winning the Nobel Prize for peace and Kenyan Eliud Kipchoge running a marathon in sub-two hours( I hour,59 minutes, 40 seconds), the signs are positive for this great continent. Institutionalizing a system that allows for such advancement would, however, marks the difference between having "one-off" global stars and an unending retinue of galaxies. An accountable democracy op ens the floodlight to greatness in all sectors Felix Omosele (c) October 2019

" Live updates: Buhari v. Atiku: Tribunal ruling on 2019 election" https://punchng.com/live-updates-buhari-vs-atiku-tribunal-ruling-on-2019-election/ Source: Punch Newspapers

"They will come after me, no doubting it" https://punchng.com/sowore-they-will-come-after-me-no-doubting-it/ ( Source: Punch Newspapers) Commentary The beauty of democracy is the power of people's voice Voices heard at the ballots- in the form of votes Voices loud on the streets- in the form of protests Voices strong on papers- in the form of petitions Those are the beauty of democracy The evil of government is to drown those voices Drowned by way of suppression of peaceful gatherings Drowned by non-proportionate reactions to criticisms Drowned by non-tolerance of opposing voices and reasons So may it not be said That Nigerian's democracy will descend into anarchy if the government suppresses every voice of dissent Also, may it not be said That "#Revolutionnow" is a way of getting power through the backdoor Nonetheless, the peoples' voices must still be heard And that on the streets, if need be. Felix Omosele (c) 2019 

Supreme Court dismisses Adeleke, PDP's Appeal, Affirms Oyetola's Election https://punchng.com/breaking-supreme-court-dismisses-adeleke-pdps-appeal-affirms-oyetolas-election/ ( Source: Punch Newspapers) Commentary In an earlier blog( see below) I made some whispers Now the judgement is out And we can shout it on the roof top Sadly, it appears the case was decided on technical grounds And some of the substantive questions not necessarily answered So we wait for another day But now we can make some propositions Statistical calculation is tied to the notion of "valid votes" Or how do we determine the "highest valid votes" except by calling evidence? If some votes are truly invalid(e.g. multiple voting, void,etc), then the Tribunal can make the declaration in Sec 140(3) However, where there are no votes at all- as a result of outright cancellation in some units It is frightening if the tribunal will infer a winner from ...

House of Reps to commence e-voting July 3- Gbajabiamila https://newsdiaryonline.com/house-of-reps-to-commence-e-voting-july-3-gbajabiamila/ ( Source: Newsdiary) Commentary The evil that men do live after them the good is oft interred with their bones or so said William Shakespeare If electronic voting will work in Nigeria The primary affirmers- The National Assembly needs to feel its evil and good And that first hand Electronic voting supplemented by  strong manual control is required to ensure accountability and transparency The best of both worlds is what the nation requires © 2019. Felix O. Omosele

European Union Election Observation Mission Nigeria 2019 Genera Elections ( Recommendations) file:///C:/Users/User/Downloads/nigeria_eu_eom_2019_recommendations_list.pdf ( Source: EU Mission) Commentary "The right to vote is protected  in more than the initial allocation of the franchise.  Equal protection applies as well to the manner of its exercise" (US Supreme Court in Bush v. Gore) So this reminds us Not only to give the franchise But to ensure the secrecy of votes Respect the rights to peacefully protect the votes During and after the elections And ultimately To hold governments accountable to their promises.  © 2019. Felix O. Omosele

Breaking: Buhari Renames Abuja National Stadium After MKO Abiola https://www.vanguardngr.com/2019/06/breaking-buhari-renames-abuja-national-stadium-after-mko-abiola/ ( Source: Vanguard Newspapers) Commentary Though labelled as an "institution" you will be right to call it a person Democracy! The beauty of a people committed to a cause Or what would you say of  Thomas Jefferson? Not forgetting the enigma " Abraham Lincoln" Across the oceans, You would find Kwame Nkrumah, Jomo Kenyatta Nnamdi Azikwe, Ahmadu Bello, Obafemi Awolowo Time will not permit me to talk about the exploits  of Gani Fawehinmi That great man of letters But in Nigeria, one man is synonymous with a date June 12 1993! Chief MKO Abiola The President-elect Nigeria never sworn in On this day, he would forever be remembered For sustaining the institution of Democracy with his life  Happy Democracy Day Nigeria © 2019. Felix O. Omosele

"Election Tribunal dismisses petition against Buhari's Victory" https://thenationonlineng.net/updated-election-tribunal-dismisses-petition-against-buharis-victory/ ( Source: The Nation)

AIT, Raypower still breaking broadcasting code, NBC laments https://punchg.com/ait-raypower-fm-still-breaking-broadcasting-code-nbc-laments/ ( Source: Punch Newspaper) Commentary The pride of Democracy that is what they are- the Press Take away their bite then accountability would be gone The bile of a hen( the bitter part of the gall bladder) that is what it is- divisive journalism and divulging of non-court backed classified information See that in any country then its democracy would soon be in flames From Australia( the clampdown on the broadcaster "ABC") to the closure of Nigeria's AIT and Raypower Then we realize the need for a balancing Act No government should muzzle the press nor take law into its own hands Neither should any press outfit  give credence to sectarian interest above the creed of pure ethical journalistic values When all is said and done We need a new jurisprudence that balances the Act A philos...

"Algeria elections plan for 4 July 'impossible', authorities say" https://www.bbc.com/news/world-africa-48490312 ( Source: BBC News) Commentary Not only in Algeria But also in Sudan, Zimbabwe Gambia, Tunisia, but to mention a few The people are turning out Out in defence of democracy Where the old brigades( The Courts, Legislative Houses, etc) have failed The Courts, they will say  Is a "court of law and not of opinion from the streets" But the story is changing And the songs from the streets Is now a remix from their Lordships( the courts) A case of "Demo-ciary" in the place of "Judiciary" Let us all stand in awe! And refuse to weaken our old brigades Because if we do Demo-ciary will burn brighter And the conflagration Will be hard to extinguish. © 2019. Felix O. Omosele

European elections 2019: Power blocs lose grip on parliament https://www.bbc.com/news/world-europe-48417744 (Source: BBC News) Commentary "One's daughter cannot have a fitting waist And one proceed to put a bead on another girl" So goes a cherished Yoruba * proverb The rules of engagement in Europe is changing! And the classical parties are losing ground In comes the populists and nationalists With a clear message for other lands "Be accountable to your people or face their anger at home" What more can we say? Than to add the angle of the Green's party increasing electoral prominence A testament to petitions and the climate change movement Vox populi, Vox Dei  * * , so they say Our people must also have a say Only then can our beads rest on our daughters' waist.  * The Yoruba's are an indigenous ethnic group of people found mostly in the South Western region of Nigeria. ** The voice of the people is the voi...

Atiku Vs Buhari: Legal fireworks as tribunal set to begin https://www.vanguardngr.com/2019/04/atiku-vs-buhari-legal-fireworks-as-tribunal-set-to-begin/ ( Source: Vanguard Newspapers) Commentary Tit for tat, an eye for an eye So grind the old wheels of criminal justice If Sec 138(1)a of the Electoral Act gives a cause That parties can allege non-qualification of their opponents "Why not utilize this?", so I think Atiku and Buhari have reasoned But then the bizarre comes with the legal arguments "You are not holding a high school certificate" fires the PDP  * ,  "You are an alien" replies the APC * * ,  Be that as it may, the devil might really be in the details of Sec. 138(1)b & c: That the election was invalid and the lawful votes not properly allocated Going by precedents, the petitioners must be prepared to climb Mount Everest Non-compliance? Substantial non-compliance? = Proof from ward to ward And the hefty admis...

"PDP reacts as Bulkachuwa quits Presidential Poll Tribunal" https://punchng.com/pdp-reacts-as-bulkachuwa-quits-presidential-poll-tribunal/ ( Source: Punch Newspapers) Commentary So the story was once told in Yoruba *  folklore of a recalcitrant boy called "Ajala" who does not respect nor revere his older siblings And one of the latter decided to teach him a lesson Dressed in the garb of a masquerade * * Ajala was given the beating of his life In his cries, Ajala refused to be consoled "Ajala ta na e?"("Ajala who beat you?") asked his siblings "Eyin na o ko"(" You guys are responsible") retorted Ajala "How does one dispense justice here" exclaimed their father( An appeal Court) For none of the siblings would own up to the deed Bias in election petition, when proved, is like the Masquerade unmasked Unproved, it makes all the siblings (justices) a suspect Better to face Ajala unmask...

Indonesia election: More than 270 election staff die counting votes  https://www.bbc.com/news/world-asia-48083051 ( Source: BBC News) Commentary When the promise of a pound of flesh cut right from the chest of a debtor-merchant was made, Shylock was overjoyed In Shakespeare words, Shylock was excited  at the prospect of seeing some blood, as he quipped "What a righteous judge"! But the blood of 270 election officials Literally cut off from close to their hearts while conducting an election Oh! our world cannot see more evil In a world where  voters could be accredited electronically Votes cast through a varied of electronic means And collation and counting done using technology With humans reserved as the final arbiter, in case of doubt The blood of election officials is a sacrifice Too great to be made! © 2019. Felix O. Omosele

"How Politicians ruined 2019 elections, by INEC Chair, IGP, others" https://thenationonlineng.net/how-politicians-ruined-2019-elections-by-inec-chair-igp-others/ ( Source: The Nation) Commentary And what a great playwright he was! Ola  Rotimi *  with his flowery characters In "The Gods are not to blame" King Odewale prodded on by anger, ego and "the gods" descended into a path of self-destruction But maybe in this case the gods(INEC * * ) is not solely to blame Or why blame INEC When our politicians and their proxies self-engineer violence? And the "opele" * * *" ( Sec.26, Electoral Act) divines postponement if the violence occurs prior to the election And punishes only the proxies (Sec. 129, Electoral Act) when the violence is during elections Why blame INEC when money becomes a barter for votes? And the outcome is expected to be credible Let offer supplications to the gods But more importantly Let appease the p...

INEC to delist weak parties, review campaign funding https://punchng.com/inec-to-delist-weak-parties-review-campaign-funding/ (Source: Punch Newspapers) Commentary Once upon a time, the men in Khaki gave us Demo-crazy( Apologies to Late Fela Anikulapo Kuti) With it comes the duopoly of political parties, or better still, two or three strong parties In the second republic(1979-83), it was better spread( NPN, UPN, NPP and the like) After that, the space became more elitist One rich tycoon here( SDP) and another elitist there( NRC) or one rtd General here and another there( PDP and ANPP) But then comes the SAM( Senior Advocate of the Masses) And his philosophy of political opportunity for all Then the Supreme Court was forced to throw open the space to more political parties And Chief Gani Fawehinmi can lay claim to a victory for the people Fast track to 2019 and the 73 parties on the presidential ballot Not forgetting the endless wait for the collation and declarati...

How Election petitions tribunal reached its verdicts on Osun Gov Poll https://punchng.com/how-election-petitions-tribunal-reached-its-verdict-on-osun-gov-poll/ ( Source: Punch Newspapers) Commentary Sub-judice, lawyers will say That is, the issues are already before a competent court However, we can make some whispers Sec 140(3) Electoral Act gives the Tribunal the power to declare the candidate who truly score the highest valid votes elected But does this allows for judicial statistical inference? And Paragraph 31 of the Election Guidelines empowers the Presiding Officer to make report of cancellation of votes But where such is not done Can a superior officer to whom the report is made(i.e the State's returning officer) validly exercise such power? Soon, this whispers will turn to pronouncement from the courts We can only eagerly wait. © 2019. Felix O. Omosele

Code of Good Practice in Electoral Matters https://www.venice.coe.int/webforms/documents/default.aspx?pdffile=CDL-AD(2002)023rev2-cor-e ( Source: European Commission) Commentary "The right to vote is protected  in more than the initial allocation of the franchise.  Equal protection applies as well to the manner of its exercise" (US Supreme Court in Bush v. Gore) So the Code reminds us Not only to give the franchise But to ensure the secrecy of votes Respect the rights to peacefully protect the votes During and after the elections And ultimately To hold governments accountable to their promises.  © 2019. Felix O. Omosele

https://www.inecnigeria.org/wp-content/uploads/2019/03/2019-GENERAL-ELECTIONS-LIST-OF-GOVERNORS-ELECT-AND-DEPUTIES.pdf ( Source: INEC)

https://www.inecnigeria.org/wp-content/uploads/2019/03/2019-GENERAL-ELECTIONS-LIST-OF-ELECTED-CANDIDATES-TO-THE-SENATE.pdf & https://www.inecnigeria.org/wp-content/uploads/2019/03/2019-GENERAL-ELECTIONS-LIST-OF-ELECTED-CANDIDATES-TO-THE-HOUSE-OF-REPRESENTATIVES.pdf ( Source: INEC)

https://www.inecnigeria.org/wp-content/uploads/2019/03/2019-GE-PRESIDENTIAL-ELECTION-RESULTS.pdf ( Source: INEC)

https://www.vanguardngr.com/2019/03/petition-my-case-against-buhari-by-atiku/

https://www.eac.gov/testing_and_certification/voluntary_voting_system_guidelines.aspx

<http://www.inecnigeria.org/wp-content/uploads/2015/01/FINAL-Approved-2015-Election-Guidelines-as-signed-PDF.pdf (Source: INEC)

https://www.ndi.org/e-voting-guide/common-electronic-voting-and-counting-technologies ( Source: National Democratic Institute)

The Law of Evidence in the Digital Environment ( Source:  http://www.lawofevidence.org/lede/research ) Note It is easier for a camel to pass through the eye of a needle Than for a rich man to enter into heaven Or so the holy scriptures say Maybe the saying is better rephrased That it is easier to challenge election results with paper evidence Than for same to be done using digital evidence procured from electronic accreditation/ voting machines What of the sustained scrutiny on the maker and his evidence?( authentication) Or the issue of chain of custody, the hearsay rule and plausibilty?( admissibility) But times doesn't stand still Neither should our response Stepping up the law to this challenges Is a deed that must be done. © 2019. Felix Omosele

Accountable elections count!