By Adedapo Adesanya
Socio-Economic Rights and Accountability Project (SERAP) has urged the Independent National Electoral Commission (INEC) to pursue constitutional and legal reforms that would explicitly recognize Nigerians’ right to vote and to vote securely in free, fair, and honest elections as a fundamental right.
In the message addressed to Mr Mahmood Yakubu, the electoral body’s chairman, SERAP urged him “to promote constitutional and legal reforms that would contain explicit mandatory provisions on internet voter registration, and the use of modern technology, including in casting and counting, voter registration and systems for reporting results.”
Recall that the Supreme Court on Thursday, affirmed the presidency of President Bola Tinubu as it struck out cases of Mr Abubakar Atiku and Mr Peter Obi, which both alleged voting irregularities among others.
In the letter dated October 28, 2023, and signed by SERAP deputy director, Mr Kolawole Oluwadare, the organisation said, “The explicit recognition of the right to vote and to vote securely would improve the right to representative democracy in the country.”
SERAP said, “The continuing resistance by politicians to bring the country’s electoral legal rules up to date with modern technology, and make the use of technology mandatory in our electoral process is entirely inconsistent and incompatible with Nigerians’ right to effectively participate in their own government.”
According to SERAP, “Large-scale election infrastructure insecurity poses serious threats to the fundamental right to vote that INEC can no longer ignore. The challenges facing the electoral process can be addressed by a swift adaptation and innovation in both election laws and election technology.”
“Democracy works best when everyone participates. The legally enforceable right to vote is the bedrock of any democratic society. The right to vote and to vote securely is too important to be left to the whims of politicians.
“Confidence in the electoral process is on the decline. Many Nigerians are expressing concerns about the credibility and integrity of the electoral process.
“Nigerian politicians have little incentive to pursue genuine constitutional and legal reforms that would improve the exercise by Nigerians of their right to participation in the electoral process and in the mechanisms of government.
“INEC has constitutional and statutory responsibilities to promote and advance the right of eligible Nigerians to vote and to vote securely as part of their internationally recognized right to political participation.
“Under section 2(b) of the Electoral Act 2022, the commission ‘shall have power to promote knowledge of sound democratic election processes.’ INEC also has the constitutional mandate to take the recommended measures under Section 153 of the Nigerian Constitution and paragraph 15(a) of the third schedule,” it stated.
It added that the right to vote and vote securely would also impose clear obligations on the electoral commission and other authorities to ensure the ‘will of the people’ in elections, and to administer elections in an objective and neutral manner, and in conformity with modern technology.
“The crisis confronting Nigerian elections and lack of public trust and confidence in the electoral process can be addressed if the right of Nigerians to vote and to vote securely is explicitly recognized as justiciable constitutional right,” the group further stated.
