In a landmark judgement that could deal with those who lend themselves to electoral malpractices in Nigeria, the Court of Appeal in Calabar last week upheld the conviction of Peter Ogban. The professor of soil science at the University of Calabar was the returning officer in the 2019 Akwa Ibom North West senatorial election, which he attempted to rig in favour of the man who is now our Senate President: Godswill Akpabio. But we must first commend the Independent National Electoral Commission (INEC) for the quiet way it has been prosecuting otherwise respected academics who were hired on an ad hoc basis for elections which they ended up compromising. Three months ago, Ignatius Uduk, another professor of Human Kinetics at the University of Uyo, was also successfully prosecuted by INEC for his misconduct during the Essien Udim state constituency election where he served as the returning officer in 2019.

Now to the Ogban matter. Akpabio, we all recall, was governor of Akwa Ibom State between 2007 and 2015 on the platform of the then ruling (but now main opposition) Peoples Democratic Party (PDP). After his gubernatorial tenure ended in 2015, he contested for Senate on the platform of the same PDP and won. At the Senate, Akpabio became the Minority Leader. Two years later, he ditched the party for the ruling All Progressives Congress (APC) on which ticket he contested the 2019 senatorial election against 10 other candidates, including Christopher Ekpenyong, a former Akwa Ibom State deputy governor, who ran on the PDP platform. At the end, Ekpenyong won with 118,215 votes while Akpabio polled 83,158 votes.

However, before that declaration at the INEC state office in Uyo by Ogban, there had been some unsavoury developments at the Ikot Ekpene senatorial collation centre that led to the intervention of the then Resident Electoral Commissioner (REC) in the state, Mr Mike Igini. The details are in the 25th March 2021 judgement of Justice Augustine D. Odokwo of the Akwa Ibom State High Court, Ikot Ekpene Division—the same judgement affirmed by the Court of Appeal in Calabar last week. In 32 pages and 13788 words, Justice Odokwo laid bare the failed attempt by Ogban to thwart the will of the Akwa Ibom North West senatorial electorate.

With the INEC as complainant, Ogban was arraigned on 15th December 2020 on a two-count charge of fraudulent manipulation of polling results and announcement of fake election results, both punishable under section 123 of the Electoral Act, 2010 (as amended). The summary of the case is that in the process of collating results on 24th February 2019, during which the collation/returning officer for each local government would publicly announce and then tender original copy, Ogban (as Senatorial Collation/Returning Officer) deliberately wrote results that were different from what were announced and at variance with the documents submitted to him for Etim Ekpo and Oruk Anam local government areas.

During the trial, the INEC principal witnesses who served as returning officers/collation officers in the two contentious local government areas are both lecturers at the University of Uyo: Dr. John Udoidem, who is currently the Head of the Department of Banking and Finance, and Dr. Itemobong Ekaidem, a lecturer in the Department of Chemical Pathology. In his testimony, Udoidem said he was announcing the scores in the EC8C (1) form to Ogban in a loud voice, digit after digit in the presence of so many people, including agents of all parties. “In my Form – Exhibit 2, APC had a total vote of 10,534 while PDP had 25,123. The difference noted is that in Exhibit 3, the accused person recorded for APC – 15,534, an increase of 5,000. For PDP, the accused person recorded 20,123. The figure there was reduced by 5,000,” Udoidem said.

Although Ogban claimed to have recorded the figures he heard as against what was in the documents submitted to him, Justice Odokwo found his defence unbelievable: “…matching the figures of votes recorded by the APC in exhibit 2 which is 10,534 with the figure 15,534 as per exhibit 3, I will not require the aid of any magnifying glasses to see and come to the irresistible conclusion that the votes for APC was inflated with 5000 votes as against what was originally recorded in exhibit 2 by the Local Government Collation Officer, Dr. John Udoidem, the PW1.”

Another INEC witness, Ekaidem, had a similar problem with Ogban. What he called out as results for Etim Ekpo local government area were, ‘APC – 2,671, PDP – 6,603’ but the professor, who argued on the point that vowel/pronunciation could be misunderstood, recorded 5,671 for the APC and 3,306 for the PDP. “I read out the scores to the public and also to the Ikot Ekpene Senatorial Collation Officer (and) at the end of it, I submitted the copy I was reading to the accused person,” Ekaidem said while testifying against Ogban.

In his judgement, which has been affirmed by the appeal court, Justice Odokwo asked a pertinent question: “Can a reasonable man confronted with the kind of response given by the accused person that he did not compare the figures before filling exhibit 3 say the accused person as a professor acted diligently?” The judge answered his own question: “I would certainly not think so… this court cannot accept the evidence of the accused person as that of a credible witness given his position as a professor in the academic field.” And then this: “How can the accused be comfortable relying on what he heard rather than what is in a document, especially as it touches and concern figures?”

The subtext of the story is that Igini, as then REC in Akwa Ibom State, played a central role in eventually holding the erring INEC ad hoc staff accountable. However, even though he would have been the beneficiary had Ogban succeeded with his manipulation, Akpabio has consistently disowned the professor who pleaded for mercy when convicted in 2021. “This is an eye-opener for anyone who participated in local, state or national activities to do so with dexterity and not take anything for granted,” Ogban had told Justice Odokwo four years ago following his conviction. “I plead that you grant me 100 per cent mercy and allow me to go and continue with my responsibilities. If I lose my source of income, it means all the dependants I have mentioned will suffer, especially the condition of my aged mother.”

Meanwhile, it is true that Akpabio challenged the declaration of Ekpenyong as winner of the election, and a rerun was ordered in one local government by the Court of Appeal in Calabar. But let’s examine the facts. On that fateful election night on 24th February 2019, Ekpenyong was leading comfortably after results of nine local governments had been declared. The only outstanding result was from one local government: Essien Udim local government area where Akpabio hails from. When that result eventually arrived, Akpabio had 61,399 votes—enough to give him overall victory. That is ‘Rigging 101’ in the manual of how-to-game elections in Nigeria!

That night in Ikot Ekpene collation centre, it was the intervention of Igini that prevented what could have been a violent crisis. He ordered a suspension of the process and directed all the electoral officers to Uyo, the state capital. After cancelling results from several wards in Essien Udim local government that were considered not genuine, INEC called the election in favour of Ekpenyong. As returning officer for the senatorial district, it was Ogban who was saddled with the responsibility of announcing the result. But by then, the professor was already battling for his reputation over Etim Ekpo and Oruk Anam local governments results.

Akpabio, of course, mounted a fierce legal challenge against INEC, alleging manipulation of the results for which he accused Igini. He failed in his bid. Both the tribunal and appellate court upheld INEC’s claim that only 19,455 voters were accredited in Essien Udim local government. And with that, the 61,399 votes recorded in favour of Akpabio which the commission rejected were considered as lacking credibility. However, on grounds of non-compliance with the Electoral Act 2010 (as amended), Justice Tanko Husseini ordered a rerun in Akpabio’s local government of Essien Udim before a winner could be announced. When the rerun election eventually held in January 2020 and the final figures were tallied, Ekpenyong won with 134,717 votes to 83,820 votes by Akpabio.

Following the appeal court judgement in November 2019, INEC Public Affairs Officer in Akwa Ibom State, Don Etukudo, said the commission had been vindicated in its position that the Essien Udim election was characterised by “massive rigging and manipulations that culminated in the dubious award of 61,329 votes to Senator Akpabio alone in the LGA.”  Etukudo argued that what INEC thwarted was the plot to use a fraudulent result from one local government to neutralise results from nine other LGAs in the senatorial district. “Thugs had gone on the rampage in most parts of the LGA as soon as the polls were open,” Etokudo recounted. “They snatched and stuffed ballot boxes, foreclosed the use of Smart Card Readers, brutalised INEC ad hoc personnel and prevented voters from exercising their franchise.”

With the conviction of Professor Ogban, there are important lessons for all stakeholders in the electoral process. I have observed elections in numerous countries, including within the continent, and I never witness the kind of desperation I see in Nigeria where almost every actor is attempting to game the exercise. The challenge is now on how we can resolve a problem that is both systemic and pervasive. Why should our elections be conducted almost like war? Closure of borders, shutdown of businesses and offices, restrictions of movement, deployment of a disproportionate number of police and security personnel as well as military troops etc.

There are so many issues we need to deal with, including how long and difficult it is to prosecute electoral offenders. This case started six years ago and may still reach the Supreme Court. In the immediate, to restore integrity to the ballot box, we must ensure that there are consequences for bad behaviour. The watchword here is accountability. The moment electoral officers know that ‘lending a helping hand’ to politicians can land them in jail, they will think twice before getting involved in such malpractices.

Koyinsola @ 50

Ms Koyinsola Olukoya, a director with Kapital Communications, will be 50 on Saturday. Perhaps so that we would not eat Jollof rice, she decided to ‘Japa’ out of Abuja. Koyinsola has been the biggest supporter of my wife’s Not Forgotten Initiative (NFI) School which provides free education for more than a hundred underserved children in Abuja. She pays the tuition fees for the NFI extension students in secondary schools and also visits them. I wish ‘Momo Mayowa’ happy birthday, long life and good health.