Lawyers have expressed deep concerns over the damaging effects of the recurring cases of votebuying on the nation’s electoral process. As a way out of the menace, the men of the wig and gown called for an enhanced voter sensitization and education. AKEEM NAFIU reports

Some senior lawyers have decried the unabated cases of vote-buying during elections in the country, saying the illegal act is impacting negatively on the electoral process. The lawyers while noting that vote-buying distorts the aim of an election, with regards to the determination of the choice of people, called for an enhanced voter education and sensitization to tackle the menace.

The menace recently reared its ugly head in the just concluded governorship election in Edo State. Speaking on the issue, a civil society organisation, Yiaga Africa, disclosed that its Process and Results Verification for Transparency (PRVT) methodology and Watching The Vote (WTV) showed that political parties in the election shared fund in the region of 10,000 and above to sway voters in the election.

This was revealed in a mid-day election statement on the 2024 Edo State governorship election presented by Dr Aisha Abdullahi and Samson Itodo, Chair of the 2024 Edo Election Mission and Executive Director of Yiaga Africa, respectively, as well as other board members, including Prof. Nnamdi Aduba, Ezenwa Nwagwu, Cynthia Mbamalu and Dr Asmau Maikudi.

According to Yiaga Africa, “Observers reported incidents of vote buying in Ikpoba/Okha, Igueben, Esan West, Akoko Edo, Owan West and Uhunmode LGAs. “APC and PDP party agents were seen bribing voters with N10000 cash at the Igueben-Idumoka Primary School polling unit (12-10-03- 004) Ward 1 in Igueben LGA.

“Party agents for APC and PDP were also seen handing out cash gifts (N10,000) in Enikaro-Enikaro Primary School IX Polling Unit (12- 11-07-009) in Ugbekun ward, Ikpoba/ Okha LGA”. In the report, Yiaga Africa gave kudos to the Economic and Financial Crimes Commission (EFCC) and security agencies for their swift action in arresting suspected votebuyers at polling units in Egor and Oredo LGAs.

At Ebua Market Square in Uhunwode LGA, the organisation stated that an altercation between APC and PDP supporters over alleged bribery led to the suspension of voting and the destruction of the voting cubicle, while political thugs also disrupted voting at Anyaran Araromi Primary School in Akoko Edo LGA.

The group further revealed that suspected political thugs also disrupted voting at Anyaran Araromi Primary School in Akoko Edo LGA, while there were reported incidents of vote buying in Ikpoba/Okha, Igueben, Esan West, Akoko Edo, Owan West, and Uhunmode LGAs.

It added that APC and PDP agents were seen bribing voters with N10,000 at the Idumoka Primary School polling unit, Ward 1 in Igueben LGA. These infractions, Yiaga Africa said, predisposed the Edo State governorship election to voter suppression and manipulation.

Yiaga Africa’s early warning

Priot to the Edo gubernatorial election, Yiaga Africa had specifically on September 19, 2024, alerted the nation to plots by political parties to engage in voting buying. Aisha Abdullahi, chair of the 2024 Edo Election Mission Yiaga Africa, made this known during a pre-election press conference in Benin, the state capital.

The group had stressed the need for relevant agencies, especially the INEC to address vote buying through decisive actions, including the arrest and prosecution of both buyers and sellers.

The CSO maintained that three major political parties, the APC, LP, and the PDP, dominated the campaigns, just as it noted that the campaigns, however, degenerated into a contest marked by personal attacks, character assassination, hate speeches, and blame-game politics by the major contenders.

Abdullahi revealed that the high rate of Permanent Voters’ Cards (PVCs) collection indicated a willingness among the electorate to participate in the election, but expressed sadness that factors like potential violence, economic hardship, and a deep-seated lack of confidence in the electoral process could deter voters from voting at the election.

In her words: “Past elections in Edo State reflect this trend, with voter turnout declining from 32 per cent in 2016 to 27 per cent in 2020, making an 8 per cent decrease.

“Additionally, widespread disillusionment with political elites and persistent governance failures may further discourage voter participation.

“The campaign period was signposted with strongarm tactics and violence. The activities of cult groups and political thugs intensified amidst the proliferation of small and light arms.

“Yiaga Africa is concerned that politicians will tactically employ violence and intimidation to suppress voters in specific polling units and Local Government Areas.”

Abdullahi further alerted that armed groups, alongside political thugs, may disrupt INEC’s deployment of election material or elections at the polling units to influence the outcome of the elections.

She identified eight local governments, namely Ikpoba Okha, Oredo, Egor, Ovia South West, Ovia North East, Esan South East, Etsako West, and Etsako East, as hotspots for violence that required a strategic and neutral deployment of security forces.

Vote-buying is an electoral sin which had been criminalized by the Electoral Act

Political parties denial

In the meantime, the All Progressives Congress (APC) and the Peoples Democratic Party (PDP) have faulted claims of vote-buying during Edo gubernatorial election by YIAGA Africa. Denying the claims, a member of the All Progressives Congress (APC), Hon Eziohuwa Agbonayinma, asked YIAGA Africa to substantiate its claims.

Speaking on a TV programme, Agbonayinma, a former member of the House of Representatives, disclosed that APC won the election because majority of Edo people were tired and frustrated with the Peoples Democratic Party (PDP) and Governor Godwin Obaseki’s unrealised promises and mismanaged allocations of the state.

He said: ”The people were angry, they came out en masse to support and vote for the APC because of their anger, That is the reason they said we must change anyone Obaseki is bringing and they have done that, we must appreciate and applaud our people ”President Tinubu ordered the release of a trailer load of rice to cushion the effects of hunger and starvation. Mr Governor stole most of the rice and sold them at the market. They were not given to the people.

”Mr President, in his goodwill, gave over N500 billion to the 36 states of the federation, including the FCT, Edo state got over N18 billion, ask the governor what he did with the money. The money went to voicemail”. In a related development, the candidate of the Peoples Democratic Party (PDP) in the Edo State governorship election, Asue Ighodalo, has equally distanced his party from the allegations of vote-buying during the poll.

Speaking on a TV programme, Ighodalo said PDP did not engage in vote-buying during the election. “I can state categorically, we were not involved in vote-buying at all. APC agents came with minted notes straight from the CBN and they were offering N25,000, N30,000 and N50,000 per vote.

“What our guys did was to go to them and harass them and tell them that you can’t come here to buy votes. But we were not engaged in vote-buying in any way. I’m clear about that. “We didn’t even need to go and buy votes. The people of Edo State were solidly with us. It’s only when you’re not sure of your capabilities. when you cannot perform, that’s when you do underhand things.

“And APC, through this election, with the connivance, complicity and support of INEC, undermined the whole democratic process. “I will stay with the people of Edo State, who fully gave me the mandate of their free will, and I will go into the courts and the tribunal to reclaim our mandate and then form the government”, he said.

Vote-buying during 2023 elections

The National Bureau of Statistics (NBS) in a report titled; “Corruption in Nigeria: Patterns and trends, third survey on corruption as experienced by the population”, revealed that there was a prevalence of vote buying and selling during the 2023 general election.

While describing vote-buying as another form of corruption, the NBS said the 2023 general election recorded 22 per cent of vote buying, which is five per cent higher than the 2019 general elections with 17 per cent.

NBS added that its survey also revealed that some of the electorates were not influenced by their voting decisions even after collecting money or favour. The report indicated that the survey revealed that 22 per cent of Nigerian citizens reported that they were personally offered money in exchange of a vote before or during the 2023 general election, while nine per cent were offered another favour.

“This represents an increase in both types of vote-buying compared with 2019 when personal offers of money were reported by 17 per cent and personal offers of other favours were reported by four per cent of citizens.

“Furthermore, in 2023, 10 per cent reported that they were not personally offered money or another favour in exchange for their vote, but that instead another member of their household was approached, compared to 5 per cent in 2019.

“Just over half (55 per cent) of the citizens who were personally offered money or another favour in exchange for their vote in the 2023 general election reported that the offer did not influence their vote choice, while 40 per cent of those citizens said they voted for the person or political party which offered them money or a favour precisely because of the offer.

“Between 2019 and 2023, the proportion of Nigerians who were personally offered bribes in exchange for votes increased similarly across sexes, urban and rural areas, and age groups”, NBS said.

A case of vote-buying during the March 18, 2023 governorship election in Enugu State was confirmed by the governorship candidate of the All Progressives Grand Alliance (APGA), Chief Frank Nweke Jr. The former minister while speaking at a press conference on Friday, March 24, 2023, alleged 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”. In the North-East, party agents in Taraba State, were reported to have equally engaged in vote-buying during the 2023 polls by infiltrating queues, pretending to be voters, and using the chance to offer cash for votes.

Confirming the development, Executive Director of Centre for Democracy and Development, Idayat Hassan, while reading the preliminary report of the Centre on the 2023 general election on revealed that 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. She said: “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 vouchers,’ and those items would be redeemed after the results. “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”.

Legislation against vote-buying

The Electoral Act, as it is presently constituted, stipulates some form of punishment for such electoral malpractice, including vote buying and vote-selling.

For instance, Section 121 (2) of the Electoral Act, 2022, states that a: “voter commits an offence of bribery where, before, or during an election, directly or indirectly, by his or herself, or by any other person, on his or her behalf, receives, agrees, or contracts for any money, gift, loan, or valuable consideration, office, place of employment, for himself or herself, or any other person, for voting or agreeing to vote, or for refraining or agreeing to refrain from voting at any such elections”.

Section 127 stated thus: “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 to corruptly influence 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”.

The damaging effect of vote buying on the electoral system cannot be over emphasized

Lawyers speak

Speaking on the damaging effect of vote-buying on the electoral system and the way out, a Professor of Law and Senior Advocate of Nigeria (SAN), Awa Kalu, said, “Vote-buying distorts the aim of an election, namely, the determination of the choice of the people.

“So, if you see a man who is hungry and has come out to vote, before you leave your house to vote, you already know who you want to vote for.

“Then when you now get to the venue and somebody says, look, vote for me or vote for us, or X, Y, Z as the case may be, this is your 20k, this is 10k, even 2k can change somebody’s intention. “So you don’t need rocket science to know that such an act is against the law. It distorts the choice a person wants to make. The way forward is to allow democratic choice to flourish”.

Another SAN, Afolabi Olatunde, who expressed sadness that the menace has remained with Nigerians, argued that when people’s votes are gotten through indecent means, the nation will not have a very robust electoral process. Olatunde said: “And more often than not, if people voted because they collected money, perhaps the man who emerged at the end of the day wouldn’t have emerged from the decision of right-thinking members of the society.

“It is unfortunate, it is immoral and it is something that should not be encouraged. Now, when you talk about what is to be done to curtail these realities or these occurrences, I think there is a need to sensitise members of the public, to let them appreciate the fact that when you want to choose your leaders, you should be able to decide without being induced by monetary consideration.

“More often than not, those people that collected money and voted for a particular candidate, you realize the fact that they care less about whatever vision that candidate has, whatever manifesto the candidate has put forward to them. “So I think it has to do with some measure of enhanced voter sensitization and education.

“And of course, the National Orientation Agency (NOA) also has a responsibility to start here in educating the people that it does not do well for society to be voting because people give them money before they cast their ballot for any particular candidate”.

In his submissions, another member of the Inner Bar, Victor Okpara, insisted that the vote buying is an electoral sin which had been criminalized by the Electoral Act While noting that vote-buying entails subverting and compromising the will of the people, Okpara said: “My understanding of the law is that the voice of the people is the voice of God.

“So, when you have suppressed and strangulated the voice of the people by buying votes, it means you are not allowing them to vote independently”. In his comments, Dr Abiodun Layonu (SAN), declared that there is nothing positive about vote-buying in the country. “However, it is very difficult to stop. Vote- buying and vote-selling is a mutuality of interest. The person who wants to buy and the person who wants to sell,” he added.