Nigeria: electoral fraud's unexpected gift

By Nicholas Benequista

While the world watches the stand-off between the Iranian government and protesters, the end-game begins in Nigeria between its own angry mob of citizens railing against the establishment.

Just as the questionable elections in Iran sparked a revolt, the disputed vote in Nigeria two years ago that brought President Umaru Yar'Adua to power similarly galvanised a movement, which has since focused all its efforts on a battle for the soul of the National Electoral Commission, the country's top watchdog for elections.

With unprecedented public scrutiny, Nigeria's House of Representatives reconvenes on 30 June to consider a possible electoral reform that some say could deliver in 2011 the country's first free and fair vote since the end of military rule a decade ago. The measures under consideration are simple yet potentially revolutionary, such as a much-needed law to make electoral fraud a criminal offence, rather than merely an issue for civil litigation.

As in Iran, the Nigerian case highlights a perverse benefit to democracy that can sometimes result from electoral fraud. When the disregard for the sanctity of the vote provokes public outrage, citizens can find unity and courage in their collective anger.

Take, for example, Bashir Usman, a 41-year-old professor living in Kano, Nigeria's second-largest city.

On the day of elections for state governor, Bashir woke early to have a hearty breakfast of spaghetti in anticipation of the long queues at his polling station, which was simply designated for a patch of sidewalk on one of Kano's central streets. When he arrived, no official or ballot box was to be found. Bashir, like many in his neighbourhood, planned to vote for the candidate representing President Yar'Adua's party, which in Kano State is the opposition. After more than two hours of waiting, 20 police officers arrived, telling the crowd that a logistical snare might not allow for the polling station to be opened.

The crowd was incensed. They yelled and began to push the police. Only when violence seemed inevitable did the police acquiesce. Accompanied by a representative quickly selected from the crowd, the police recovered the ballot boxes from the Electoral Commission, without a word of explanation.

Bashir joined thousands of people - from both political parties - who later surrounded the Electoral Commission's local office that night, holding a largely symbolic vigil over their votes until dawn, neither side trusting of the process. The police fired teargas into a mob of young men who threw bottles and rocks. That election, which was among those later questioned, went to the incumbent, the ruling party of Kano State.

"I have to exercise my right, whether it is given to me or not," he said. "Things are getting worse and worse, and all ruling parties are the same."

His story is one among millions. In both the state and national elections in 2007, Nigerian citizens across the country woke to find there were no polling stations at all for casting their vote. In other cases, polling stations were opened, but soldiers unabashedly prevented people from entering. Across the country, observers gathered irrefutable evidence that the system could not produce credible results, yet results were announced, and the declared winners took their prizes.

Two years later, the public uproar has become as well organized as it is vociferous. Two organisations are at the helm: Coalitions for Change, a programme that helps civil society organisations come together with a coherent platform, and the Nigeria Labour Congress, the national umbrella group for Nigeria's trade unions, boasting 4 million members.

Coalitions for Change has enabled the cacophony of civil society groups to articulate a more coherent voice, through the Constitutional Reform Dialogue Mechanism (CRDM) and the Gender and Affirmative Action coalition, and it is also coordinating efforts by local civil society groups to educate citizens about how to "protect their mandate."

Meanwhile, the National Labour Congress has mobilised its members in massive rallies across the country; the largest to date, in Kano, attracted 100,000. Both the NLC and CRDM are cooperating in a petition drive to collect 20 million signatures, about seven per cent of the country's entire population, Africa's largest.

"We ultimately want to let the political elite to know that they don't have any alternative but to implement the will of the people," said John Odah, General Secretary of the Nigeria Labour Congress.

The various proposals would in essence give teeth to the National Electoral Commission, though would not necessarily let the institution off its leash. The President has tried to maintain his control of the Electoral Commission by, for example, snubbing recommendations by an independent Electoral Reform Committee recommendation to strip the executive of the power to appoint officials to the Electoral Commission. Such appointments should be made by the legislature, the committee had said.

The President also rejected the proposal to hold elections six months before swearing-in occurs, and fast-tracking electoral cases in that time. At present, those who come to power by fraud are in office and able to sway judicial processes by the time the lawsuits are filed.

And questions also remain over whether the country's political classes - even those in opposition - have the will to force through the radical reforms recommended by the committee.

"The key question is: why would the parliament accept this if they rigged themselves into office?" said Jibrin Ibrahim, director of Nigeria's Centre for Democracy and Development. "We have a political class that is complicit in the history of electoral fraud. Given this context, our position in civil society is that at the end of the day, it is direct citizen action that can make the difference."

Still, collective action has always been difficult to muster in Nigeria given the ethnic and religious fractures that violently divide the country. As recently as November, religious violence erupted in Jos, the capital of Plateau State. Clashes between Christians and Muslims in the town left hundreds dead, many bludgeoned with machetes, churches and mosques burned to the ashes, thousands displaced and a community more divided than ever.

The outrage over electoral fraud, however, may be the first issue that unites people as citizens in Nigeria, rather than as members of a religion or tribe.

"Look at the leaders - Ibo, Fulani, Hausa, Yoruba - they unite, then they divide and rule," said Bashir, who hopes to work as a monitor in subsequent elections. "They share the spoils, but then they come back to us to tell us, 'You and this tribe are enemies'. This is how they use us."

Amina Salihu, programme coordinator for Coalitions for Change, is keenly aware of the unifying effect of outrage. She says electoral reform is not an end to itself, but a means for opening new democratic spaces in Nigeria. She has dedicated her life to this goal, yet now - in spite of the widespread breakdown in the last election - she feels more optimistic than ever.

Thieves often leave something behind, but perhaps nothing quite as precious as when they steal elections.
* Nicholas Benequista is Research Communications Officer with The Development Research Centre on Citizenship, Participation and Accountability at the The Institute of Development Studies in UK.