On Wednesday, April 17, 2024, Kano State Commissioner of Police, Mr. Mohammed Usaini Gumel was among the Guest Speakers during the annual Aminu Kano Memorial Symposium held at Mambayya House, Gwammaja, Kano, where he looked at the challenges of democracy and elections in the Fourth Republic in a paper entitled: “DEMOCRACY OR “COURTOCRACY”: THE TRAVAILS OF NIGERIA’S ELECTORAL PROCESS IN THE FOURTH REPUBLIC.”
Our Correspondent, MADUABUCHI NMERIBEH, recorded his voice.
Excerpts:
It is my honor to address this distinguished audience at this occasion of the Annual Aminu Kano Memorial Symposium on the topic “Democracy or ‘Courtocracy’: The Travails of Nigeria’s Electoral Process in the Fourth Republic”. I thank the Organizers for associating me, and by extension the Kano Police Command with this intellectual gathering.
Now, from the topic, I presume that the intention is to examine the role of the Courts in our recent democratic evolution, particularly in resolving election disputes. This is something that has generated different views from analysts and pundits alike. Now, as a police officer, I do not think I qualify to make any bold points about the contest between legalism and politics. However, looking at the recent political events in Nigeria, I would agree with the saying that “Law is politics by other means.”
The judicialization of our electoral process gives credence to this assertion. The fact is that there is a thin line separating politics and law. The philosophers have aptly made the point about laws being the instruments for political contests, the tools of the powerful in society, and the shield of the elite against the masses.
Elections in Nigeria’s Fourth Republic
From 1999 to date, Nigeria is said to be witnessing its fourth republic. It is the longest period of uninterrupted practice of democracy in the country. We have witnessed seven (7) electoral cycles from 1999; 2003; 2007; 2011; 2015; 2019 and 2023. In the process, we have also seen peaceful transitions from one civilian administration to another, and the transfer of power between parties in power and in opposition. Nigerians have therefore experienced governance under both incumbents and oppositions. Democracy has gone full cycle!
Despite these transitions, elections have remained eventful: Hotly contested, and often settled in Courts. The role of election tribunals has gained currency in recent times. We have witnessed different judicial processes that produced outcomes for electoral contests, which leave many wondering if the Courts, rather than the people, have ultimately become the deciders of who wins or loses in an election. This, I believe, is what the organizers have in mind when they coined the concept of “Courtocracy and speak about the Travails of Nigeria’s Electoral Process in the Fourth Republic. I find this interesting and intriguing. It is indeed ingenious, so I congratulate the Organizers for coming up with such catchy descriptions.
Courtocracy and Security in the Electoral Process:
While free and fair election is the hallmark of a democratic system, election malpractices and violence have been regarded as obstacles to the consolidation of democratic institutions. This makes the issue of security very crucial in all the phases of the electoral process: the pre-electoral, electoral, and post-electoral phases. The role of the security agencies is to safeguard the electoral environment and electoral process. For this reason, the security agencies are exposed to the machinations of political actors.
To optimize the role of the security agencies, an Inter-agency Consultative Committee on Election Security (ICCES) was established in Nigeria before the 2011 General Elections, which establishes the code of conduct and rules of engagement for the security agencies before, during and after elections. With this, all security men and women on electoral duty now have a common standard of reference for their actions. The security personnel contribute to the judicial processes of elections as they are responsible for protecting election materials, personnel, and arresting offenders. The security agencies also provide safe space for the conduct of the judicial proceedings, ensuring that there is no disruption. In this way, the security agencies’ role in courtocracy is the provision of evidence and safe space, but not directly in determining the outcome of the Court proceedings, which I leave to our learned men and women to speak about.
Distinguish Guests, Ladies and Gentlemen, let me conclude by saying that the term “Courtocracy” has emerged to describe a situation where legal battles and court rulings play a significant role in determining electoral outcomes, sometimes overshadowing the will of the people expressed through the ballot box. This raises concerns about the integrity of the electoral process and the extent to which the rule of law guides our democracy.
Nigeria, as a nation, has made significant strides in transitioning to democratic governance. Yet, the prevalence of electoral irregularities, political violence, vote-buying, and other malpractices has eroded public trust in the electoral system.
This, coupled with the phenomenon of judicial interventions in electoral disputes, has led to a growing perception of courts wielding more influence than voters in shaping political leadership.
For democracy to thrive in Nigeria, it is imperative that the electoral process upholds the principles of transparency, fairness, and accountability. Political actors, electoral bodies, security agencies, and the judiciary all have a crucial role to play in ensuring free, fair, and credible elections that truly reflect the will of the people.
As the Commissioner of Police of the Kano Police Command, I urge fellow law enforcement agencies to maintain neutrality, uphold professionalism, and guarantee the safety and security of all citizens during elections. We must work tirelessly to prevent electoral violence, investigate electoral offenses, and ensure that perpetrators are brought to justice.
The Travails of Nigeria’s electoral process in the Fourth Republic underscore the urgent need for reforms that will strengthen democratic institutions, promote electoral integrity, and restore confidence in the electoral system. By upholding the values of democracy and the rule of law, we can steer our nation toward a future where the voice of the people truly shapes the course of governance.