Vote trading during Nigeria’s general elections
The twin evils that research
has shown as malignant tumours that affect credibility of Nigeria’s elections
are violence and vote buying which I choose to call vote trading as it involves
both buyers and sellers. It is important
to note that not a few people suspected that the redesigning of N200, N500 and
N1,000 banknotes by the outgoing administration through the Central Bank of
Nigeria was aimed at preventing vote trading during the 2023 polls. In his
nationwide broadcast on February 16, 2023, the President, Major General
Muhammadu Buhari (retd) admitted that much when he said inter alia in
paragraphs 21 and 22 that “I am aware that this new monetary policy has also
contributed immensely to the minimisation of the influence of money in
politics. This is a positive departure from the past and represents a bold
legacy step by this administration, towards laying a strong foundation for free
and fair elections.” Did the policy
really stem vote trading?
Notably among the laws against
vote buying in Nigeria are sections 121 and 127 of the Electoral Act 2022.
Section 121 calls it bribery and conspiracy and it stated among other things as
follows: 121.—(1) Any person who does
any of the following — (a) directly or indirectly, by his or herself or by any
other person on his or her behalf, corruptly makes any gift, loan, offer,
promise, procurement or agreement to or for any person, in order to induce such
person to procure or to endeavour to procure the return of any person as a
member of a legislative house or to an elective office or the vote of any voter
at any election; Subsection (4) says
“Any person who commits the offence of bribery is liable on conviction
to a maximum fine of N500,000 or
imprisonment for a term of 12 months or both.”
Section 127 says, “A person
who — (a) corruptly by his or herself or
by any other person at any time after the date of an election has been
announced, directly or indirectly gives or provides or pays money to or for any
person for the purpose of corruptly influencing that person or any other person
to vote or refrain from voting at such election, or on account of such person
or any other person having voted or refrained from voting at such election ; or
(b) being a voter, corruptly accepts or takes money or any other inducement
during any of the period stated in paragraph (a), commits an offence and is
liable on conviction to a fine of
N100,000 or imprisonment for a term of 12 months or both.” It is
noteworthy that both the giver and the receiver are both criminally liable.
In the lead up to and during
the February 25 and March 18 general elections several means were devised to
induce voters by desperate politicians. Apart from monetary or cash gifts, many
were influenced by gifts such as food items, clothing materials, and sudden act
of charity by the political class. The candidate of the All Progressives Grand
Alliance in the March 18 governorship election in Enugu State and ex-Minister
of Information and Culture, Chief Frank Nweke Jr. alleged on Friday, March 24,
at a press conference that “The most vulnerable and impoverished became prey to
vote buying by some political parties with as little as N500 or packets of
noodles in some places. At Udenu, parties competed for the votes of our people
with N2,000, a plate of jollof rice, Okpa, and a bottle of soda.”
Executive Director of Centre
for Democracy and Development, Idayat Hassan, while reading the preliminary
report of the Centre on the 2023 general elections on March 18 said data from
its 1,500 observers deployed across the country showed there were more cases of
vote-buying during the governorship election compared to the presidential poll
of February 25.
According to her, this reality
reflected across all six geopolitical zones. “In the North-West, observers in
all seven states reported increased reports of vote trading, primarily by
political party agents. Money was used alongside other materials such as food
items, wrappers and ‘credit voucher,’ and those items would be redeemed after
the results. Similarly, in the North-East, political party agents in Taraba
infiltrated queues, pretended to be voters and used the chance to offer cash
for votes. In the South-East, there were reports of APGA and LP party agents
using materials, phones and other souvenirs to entice voters in Anambra State.
In the South-South, multiple states reported a desire for voters to show proof
of their vote before being paid, with party agents reportedly compiling a list
of their voters in Esan Central LGA, Edo State.”
Yiaga Africa, another civil
society organisation, said it recorded and confirmed 15 cases of vote buying
and bribery across eight states during the governorship elections. Chief Ezenwa
Nwagu, member of the board of the organisation while addressing the press on
the preliminary finding of the group said voters were wooed and ridiculously
patronised to sell their votes by politicians and party agents. In Sarkin Mudu
Polling Unit (016), Giade Local Government Area of Bauchi State, the Peoples
Democratic Party agents were sighted by Yiaga observers bribing accredited
voters “with a thousand naira, a wrapper and a pack of spaghetti each,” he
said. “The voters hand over their ballot papers to party agents in exchange for
the bribe. A similar report was received from PU 006 Rangan Ward, Warji LGA of
Bauchi on the distribution of wrappers, two thousand naira and a pack of
spaghetti to voters.”
On March 20, 2023, the
European Union Election Observation Mission issued its preliminary report on
the election and noted that, “In governorship races, high expenditure on
publicity and use of state resources was evident, but in SHoA campaigns,
spending was less obvious due mainly to the low key and less visible nature of
campaigns. The ongoing shortage of cash was generally perceived as reducing the
scope for vote buying, but other inducements to voters were observed. The
Supreme Court on 3 March ruled that the old naira remain in circulation for the
remainder of 2023, however by 15 March, EU EOM observers noted little direct
impact and that overall hard currency remained in short supply. However, EU EOM
observers noted the distribution of food and other goods and incentives in
several states around the country including Kaduna, Katsina, Benue, Adawama and
Akwa Ibom.”
It is not just giving of cash
that is tantamount to vote buying, sudden act of charity on the eve of an
election also signpost voter inducement. For instance, the Lagos State
Government decision to release impounded vehicles to their owners free of
charge without payment of fines barely two weeks to the governorship poll and
the relaxation of arrest of traffic offenders are some of the ways.
The Economic and Financial
Crimes Commission said it arrested no fewer than 65 persons over alleged
vote-buying, across the 28 states where governorship and state Houses of
Assembly elections were conducted. The Head, Media and Publicity, EFCC, Wilson
Uwujaren, disclosed this in a statement on March 18. According to the agency,
20 of the suspects are arrested by operatives from the Ilorin Zonal Command and
13 suspects nabbed by operatives on election monitoring duty at the Kaduna
Zonal Command.
The teams monitoring the polls in the Port
Harcourt Zone arrested a total of 12 people for various offences bordering on
inducing voters with money to vote for their preferred candidates, while the
Uyo Zonal Command made four arrests in Calabar, adding that the remaining
suspects were arrested in Gombe, Sokoto, Kebbi and Niger states. The
spokesperson for the anti-graft agency noted that the investigation so far
revealed that the major modus operandi of the suspects is to give cash,
transfer money, coupons, and send recharge cards to eligible voters to induce
them to vote for their candidates.
The Independent Corrupt
Practices and Other Related Offences Commission said it arrested four vote
buyers in Sokoto and Katsina states during the governorship and houses of assembly
elections on Saturday, March 18, 2023. The commission in a tweet on February 25
said it arrested nine persons for vote buying in Osun, Ondo, Borno, Akwa Ibom
and Sokoto states during the presidential and National Assembly Elections.
While cash crunch arising from
the redesigned naira notes may have reduced the use of cash by desperate
politicians and their agents to buy votes, it can be seen from the
aforementioned that other ingenious means of vote buying had been devised to
induce voters. It is hoped that those arrested by the anti-corruption agencies
will be duly prosecuted to serve as a deterrent to potential vote buyers in the
future.
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