Socio-Economic Rights and Accountability Project (SERAP) has urged the Chairman of the Independent National Electoral Commission (INEC), Prof. Mahmood Yakubu, to pursue constitutional and legal reforms that would ensure explicitly and recognize Nigerians’ right to vote and to vote securely in free, fair and honest elections as a fundamental right.
SERAP also 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.”
The request was contained in letter dated October 28, 2023 and signed by SERAP deputy director 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.”
It argued that 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.”
It argued that the challenges facing the electoral process can be addressed by a swift adaptation and innovation in both election laws and election technology.
The letter read in part: “Democracy works best when everyone participates. 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.”
According to the organisation: “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.
“Although the Nigerian Constitution provides in Section 14(1)(c) that, ‘the participation by the people in their government shall be ensured in accordance with the provisions of this Constitution’, this is not recognized as legally enforceable fundamental human right.
“Unless INEC urgently begins the process of pushing for the explicit recognition of Nigerians’ right to vote and to vote securely, politicians would continue to use the country’s antiquated electoral legal rules for personal gain, and to deny the people their right to participation.
“We would be grateful if INEC begins the process of taking the recommended measures within 7 days of the receipt and/or publication of this letter. If we have not heard from you by then, SERAP shall consider appropriate legal actions to compel INEC to comply with our requests in the public interest.”
