FULL TEXT OF A LECTURE PRESENTED BY PROFESSOR UWAKWE ABUGU (PhD, Ch.MLP, FICA, ACS)

PROFESSOR OF LAW, UNIVERSITY OF ABUJA &FORMER VICE CHANCELLOR AVE MARIA UNIVERSITY, PIYANKO, NASARAWA STATE

AT THE 3RD ANNUAL AWARDS AND LECTURE SERIES BY STARLITE NEWSPAPERS ON 10TH SEPTEMBER, 2022 AT PRINCESS ALEXANDRIA AUDITORIUM, UNIVERSITY OF NIGERIA, NSUKKA.

1.0 Protocol

2.0 Introduction

It is my utmost pleasure to be accorded this privilege to share my thoughts on the topic of this lecture. At least, it affords those of us who are not politicians the opportunity to contribute to the conversation on how to avoid the mistake of the past, the mistake of recurrently installing bad and inept leadership through our acts or omission and the result has been the delivery of hunger, penury and insecurity as our own dividends of democracy.

I must commend the Starlite Newspapers for its consistency in standing on the side of the people in pursuit of good governance through its series of Annual Lectures, this being the third.

In this presentation, I have adopted the unorthodox approach of taking the meaning and claification of the key words for granted to enable us face the issue on the table, especially when the organizers have consistently reminded me of the paucity of time for this lecture.

3.0 Conceptualizing Life, Choice and Election

Everything in life is about choices. It is a choice to live and another choice to die. It is a choice to wake up at a particular hour and another choice to still remain in bed. Election, itself is a choice with political relevance. At every election the electorate is presented with an opportunity to choose a particular candidate as against another.

The problem with choices, especially in election is that for every choice there are corresponding consequences. The doctrine of election in law appear to aptly present the consequence of choice in political election. In the doctrine of election a donor of property gives his property to a donee on the condition that to take the gift beneficially, the donee must give out his own property to a named third party.

The dilemma of the Nigerian electorate is whether to choose the right candidate and forgo the carrot of instant gratification usually dangled at him by the wrong candidates.

The truth about giving of gratification for vote is that the person who is offering to serve the people in conscience and in the spirit of good leadership has given enough of his time, treasure and talent and would not give anything further. The question is, if political offices are sought for service to the people why do some politicians give so much to sway votes in their favour? It sounds illogical to attempt to give gratification to people to get their consent to serve them. The only explanation appears to be that there is more to it than mere service to the people; probably, a self-seeking motive of seeing a political office as a business enterprise which must have a bumper return on investment. Assuming, without conceding that politics admits of investment and entrepreneurship principles, morality and economics frowns against abnormal profits and criminal profiteering which now characterize Nigeria politics today.

4.0 Physical Capacity to Choose

Before a person is held liable for his choice the law ensures that he possesses the physical ability to choose and the mental capacity to understand the consequences of his choice.

This explains why the law makes provisions for different age limits as benchmarks for physical capacity to undertake certain actions. For instance:

Capacity for marriage – 18 years under Child Rights Acts and 22 years under the Marriage Act 1965
Capacity to apply for and hold Statutory Right of Occupancy 21 years
Capacity to vote – 18 years
Capacity to consent to medical procedure – 18 years and 16 years for Gillick competence
Capacity to have canal knowledge of a woman – 7 years
Capacity to undertake military service – 22 years
The general principle of criminal liability is that a person of full age and capacity is pressured to intend the natural consequences of his action. The same law applies to liability for any civil wrong and by extension to choice in election. As such a people is presumed to intend the natural consequence of their choice through the ballot which translates to good or bad leadership.

5.0 Mental Capacity to Choose

Before a person is said to have made a choice, he must not only be physically matured for that particular purpose, he must also possess capacity to choose freely i.e. his choice must not be actuated by undue influence, threat of violence or inducement or promise of advantage. He must also have the mental capacity and mental presence to understand the consequences of his action. In law any confession, contact, consent to medical treatment, etc., tainted by any of the above elements is a nullity, a nudum pactum upon which no action or punishment could arise.

6.1 Relevance of Free Choice in Political Elections

In politics, the irreducible minimum requirement of a democracy is that political leaders are elected through a free, fair and credible election. The three words are usually combined to emphasize the importance of free choice of qualified citizens in electing their political leaders and representatives. This singular element of the choice is what confers legitimacy on the entire democratic process. In other words, an election adjudged as free, is also fair and an election that is fair is also certainly credible.

Jurisprudence and election petition practice in Nigeria usually limit absence of free choice or lack of free and fair election to such vices as, underage voting, ballot box snatching or stuffing, non-arrival of electoral materials, forgery of election results, use of tugs or police to disrupt election etc. Regrettably blind eyes are turned to the most vital elements that robs voters of the mental capacity to make free choice. These elements include all sorts of inducements either by money, foodstuffs or other materials, threat of violence, promise of advantage and undue influence of some politicians on voters. This is inspite of the fact that these acts are prohibited by section 124 of the Electoral Act, 2010 (now Section. 121 Electoral Act, 2022). In other words strict interpretation of the meaning and import of free, fair and incredible election would mean that a proven case of physical, material or monetary inducement of voters by any candidate or political party necessarily robs such voters the requisite mental ability to choose freely. Such votes should not count in favour of the erring candidate or party.

7.0 Why Instant Gratification is Irresistible

The progressive advancement of the electoral process, especially under the Electoral Act, 2022 by the Independent National Electoral Commission (INEC) has made election rigging almost impossible. As such politicians are realising that the major plausible means of manipulating elections is by vote buying. What then are the factors that fuel vote buying and makes the offer irresistible to the electorate.

7.1 Prevalent Poverty and Inequality among Nigerians

Nigerians have been progressively pauperized from the inception of our present democratic experience in 1999 to date. One wonders whether democracy has become a curse or a blessing to Nigeria. The popular saying use to be that the worst civilian government is better than the best military administration. I strongly doubt if Nigerians in a referendum today would vote for a democracy rather than a military government. This is as a result of the total failure of all indices of good governance and the relentless poverty, insecurity and other vices which have become our own definition of democracy dividends.

In a report published on 22nd March, 2022, the World Bank identified the following fearful indices of poverty assessment in Nigeria.

As many as 4 in 10 Nigerians live below poverty line;
Many Nigerians lack education and access to basic infrastructure such as electricity, safe drinking water and improved sanitation;
Jobs do not translate Nigerians’ hardwork into an exit from poverty;
Only 17 per cent of Nigerian workers hold jobs able to lift them out of poverty;
Households adopt dangerous coping strategies including reducing education and scaling back on food consumption;
Government supports for households are scanty.
Other verifiable indices of poverty in Nigeria include:

By the rise in food prices in Nigeria, food price contribute about 60% of Nigeria’s inflation rate of 18%
An average Nigerian household spends about 56% of income on food, the highest in the world;
The National Bureau of Statistics data suggest that the number of poor Nigerians exceed the population of South Africa, Namibia, Botswana, Lasotho, Mauritius and Eswatini combined.
With these grim statistics of poverty indices in Nigeria, one wonders how many Nigerians are actually capable of saying ‘No’ to any offer of instant gratification by politicians or political parties.

7.2 Deliberate Policy of Vote Buyers to Produce more Vote Sellers

The experience of the past presidential primaries of the two biggest political parties and that of Ekiti and Osun States elections show that the reality of the importance of votes as the true expression of peoples will and mandate has moved ordinary vote buying to the business and economy of vote trading. In the economy of vote trading we have both buyers and sellers. Among vote buyers, we now have retailers, middlemen/women and wholesale buyers.

But the actual paradox of the situation is in the fact that those who have the political duty of lifting Nigerians out of poverty and thus able to resist the allure of instant gratification are the same class who by their policies perpetrate poverty and take advantage of the multiplier effect of spiral increase in poverty level. For instance, the same Senator or House of Representative member who pegged minimum wage at N30,000 per month is the same person stocking food stuffs and motor cycles, etc. For distribution to lure the impoverished voter to vote for him or his party. Again the same State Governor who refused to implement the National Minimum Wage in his State, let alone increasing the State Minimum Wage beyond the national benchmark or who refused to prioritize workers salaries and allow them to go on strike is the same person now ready to give hand out of pittance to buy workers’ votes.

7.3 Absence of Clear Dichotomy Between Politicians’ Personal Wealth and Public Fund

One major impetus for vote buying and its corollary of giving instant gratification is the present political system where there appear to be no dividing line between the personal wealth of politicians and the public patrimony kept under their trusteeship. I doubt very much if vote buying would be such a lucrative enterprise if politicians are actually buying with their own hard earned income. This is mainly fuelled by the fallacy that security votes are not subject to audit or public scrutiny. Again, why, one may ask, is the fund for the so-called constituency project paid directly to the legislature instead of into an independent community Trust Fund managed by the representatives of the legislator’s constituency?

The consequence is the attitude that every wealth or property acquired by a politician is acquired from the public trust fund. As a result, it would be very difficult to dissuade an average voter from falling for instant gratification which he rightly or erroneously believes to be part of his share of the national cake.

7.4 Political and Elective Offices are too Attractive

In our characteristic manner of misplacement of priorities, political and elective offices are made too attractive. This is opposed to emphasis on service deliverables to the people. Ascending to a political office is now seen as the shortest route to wealth, influence and affluence. A situation where the Nigerian legislators are highest paid in the world can hardly be justified. This is in spite of the fact that they are constitutionally required to sit only for 181 days in a year and that there is no mandatory minimum number of days of physical presence is prescribed for individual legislators.

Again it is criminal insensitivity for a State Governor to influence the State House of Assembly to enact a Law that keeps him perpetually fleecing the economy of the State in the name of severance package, pension, vehicles and support staff, yet the same pensionable Governor would proceed to the National Assembly as full time public servant at a huge cost to the people. Not less than 19 current Senators are former Governors or Deputy Governors while about 28 past or present Governors are contesting for senatorial seats during the 2023 election.

8.0 The Dilemma

8.1 The Dilemma Between Victims of Instant Gratification and those that Hunger for Good Leadership

The reality in Nigeria is that majority of those who are victims of instant gratification are actually hungry but they do not hunger for good leadership. They actually hunger for stomach infrastructure which can be assuaged by instant gratifications. On the other hand, most of those who hunger for good leadership are not victims of allure of instant gratification because they have conquered hunger or at least have enough education or understanding that good leadership and instant gratifications are two strange bed fellows.

The dilemma here is that the elite who hunger for good leadership cannot quench the hunger without the support of victims of allure of instant gratification.

8.2 Systemic Dilemma

One paradox of Nigerian presidentialism and democratic system is the adoption of the universal adult suffrage system of election to the intent that the only criterion for qualifying to vote is the attainment of 18 years of age.

Under this system no consideration is given to those factors that insulate people from the allures of instant gratification such as level of education, quantum of annual income, etc. In other words, the ability to resist the allure of instant gratification is directly proportional to a voter’s level of education, earning capacity, economic power and his distance away from poverty benchmark. But the sad news is that the average Nigerian voter has been progressively pauperized and economically impoverished since the start of this republic in 1999. In other words, the ability of the average Nigerian voter to resist instant gratification has been progressively eroded, thus making this coming election the worst of being possibly undermined by the inducement through offer of gratification.

9.0 Fixing the Dilemma

9.1 Vigorous Voter Education

The best way to bridge the effect of poor economic power and consequent effect of poverty on choice of candidates is good voter education. A voter who is properly educated on the fact that his poverty today may be traceable to bad leadership and that receiving instant gratification would only perpetrate bad leadership would more easily resist the offer of instant gratification. The onus for proper voter education is on the elite who hunger for good leadership, political parties who canvass for votes on the promise of good leadership and INEC, the electoral body whose duty it is to ensure free and fair election.

This is especially against the backdrop that there can be no free and fair election where there is no free choice by voters of their candidates and that this freedom is lost to poverty and ignorance.

9.2 Balancing instant Gratification with Right Choice of Candidates

With proper voter education, it is possible for a voter to accept instant gratification and still proceed to vote according to his conscience. Even though there is this moral burden to vote for whosoever a voter has accepted gratifications two reasons may assist in liberating the voter’s mind form that burden. First, the fact that the gratification was not given in good faith but made to perpetrate bad governance and secondly, on proper examination, such gift may actually form part of the voter’s patrimony in the commonwealth. Voters should be made to understand that no sin is committed for collecting gratifications and voting according to their conscience. In fact, it amounts to bravery and gallantry to accept gratification and vote rightly thus liberating one’s mind from the tyranny of hawkers and purveyors of bad leadership and robbers of the wealth of the people.

9.3 Political Parties and Candidates as Mutual Watch Dogs

Every political party should act as a watch dog against the other political parties, especially on possible breach of the electoral laws and good campaign ethics. Certainly the offer of gratifications to voters prior to voting is contrary to electoral laws and ethics as it robs the voter of freedom of conscience and corrupts his power of choice.

Political parties should mobilize their members at grassroots to gather information, records and documents relating to offer of gratification to voters. This would come handy in prosecuting such candidates or parties for electoral offences or compiling facts leading to nullification of election results against sponsors of such gratifications.

9.4 Vigorous Campaign against Vote Buying by the Civil Society Organization (CSOs)

CSOs and good governance NGOs should mount vigorous campaigns against vote buying. They should spread their networks and even open their Situation Rooms for purpose of gathering, storing and harmonizing information on gratifications to voters. This should be done well ahead of election. Such records should be made available to candidates, political parties and law enforcement agents for use in prosecuting electoral offences and for election petitions.

9.5 Redirecting Energy in Proof of Election Malpractice

It is becoming clearer that the only sustainable aspect of election fraud is vote buying. As such candidates, parties and legal practitioners involved in proving election malpractices may need to redirect their energies in sourcing and documenting evidence of offer of gratifications to voters before elections. These evidence are better gathered and documented well ahead of elections, especially during the window period for campaigns.

Section 121 of the Electoral Act, 2022 clearly proscribes corruptly making any gift, loan, offer, promise, procurement or agreement to any person or voter in order to induce the vote of any voter at any election.

By section 134 of the Act such inducement is a good ground for presenting a petition for the nullification of the election against the candidate or party offering the inducement. This is because a vote procured through such inducement will render the “election invalid by reason of corrupt practice, or “…the respondent was not duly elected by majority of lawful votes at the election”. Certainly a vote procured by offer of gratification is not a lawful vote.

10.0 Conclusion

The hunger for good leadership is a justified craving which time has come. The hunger is as a result of enduring bad leadership by past and present administrations in Nigeria. A justified hunger precipitates a justified anger. As such Nigerians are once again being presented with opportunity to express their angst against bad leadership through the power of ballot during the 2023 general election. It is said that a people deserves the type of leadership they get, especially in a democracy like ours. If we hunger for good leadership we must stand up against the tyranny of vote buying in any form. In the maze of this dilemma, God seems to be advising Nigerian voters to choose life and not death by rejecting all the temptations of trading their votes for gratifications. In the book of Deuteronomy 30 verse 19 the Scripture says:

I call heaven and earth as witnesses today against you that I have set before you life and death, blessing and curses; therefore choose life that both you and your descendants may live.

But this message is not for elitist discussion only. It must get to the grassroots; to the poorest of the poor and all hands must be on deck to achieve this.

And the message must be clear and unequivocal: Politicians who genuinely want to serve the people will not give “shishi” to sway their votes. Politicians who peddle gratifications are actually the enemies of the people who are out to cheat them of their destiny and God given entitlements to good leadership and the allure of the good things of life.

THANK YOU

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