Renowned Nigerian human rights lawyer, Femi Falana, SAN, has expressed grave concerns about the state of democracy in Nigeria, asserting that “plutocracy has replaced democracy” and as a result, people have lost faith in the democratic process. Falana made these remarks yesterday during a keynote address titled ‘General Elections in Nigeria 2023: A Review of the Nation’s Political Culture and Electoral Integrity,’ which he delivered at the 2023 Law Week Programme of the Nigerian Bar Association (NBA) in Benin City, Edo State.
During his speech, Falana highlighted the low voter turnout in the recent presidential election, stating that out of the 93 million registered voters, only 22 million actually cast their votes. He called upon the NBA to exert pressure on the Independent National Electoral Commission (INEC) to address various challenges faced during elections, such as the late arrival of officials and ballot materials at polling stations, malfunctioning BVAS machines, and the limited or non-transmission of results to the Results Viewing Portal (IReV).
Falana emphasized the need for INEC to tackle security issues at polling units, including violent attacks on voters and officials, voter intimidation, the snatching and destruction of voting materials, rampant vote-buying, and the lack of accessibility for persons with disabilities.
In his address, Falana urged the Benin branch of the NBA to request the national body of lawyers to organize a national summit for reviewing the 2023 general elections once the election petitions are concluded in the various tribunals, the Court of Appeal, and the Supreme Court. He proposed that this summit should include representatives from all relevant stakeholders. Following the program, the NBA should collaborate with the judiciary committees of both houses of the National Assembly to draft constitutional amendments and amendments to the Electoral Act, aiming to establish credible elections in Nigeria.
Falana stressed the importance of mass-based organizations mobilizing the Nigerian people to actively participate in the democratic process. He also touched upon recent decisions of the apex court that have reshaped Nigeria’s electoral jurisprudence while refraining from commenting on pending petitions before the Court of Appeal and various election petition tribunals due to ethical restrictions.
Highlighting the democratic rights enshrined in the Nigerian Constitution and international human rights treaties, such as the International Covenant on Civil and Political Rights and the African Charter on Human and Peoples’ Rights, Falana emphasized that the Nigerian Bar Association should defend democracy and the human rights of Nigerian citizens.
Referencing Section 14(1) and (2) of the Constitution, Falana asserted that Nigeria should be based on the principles of democracy and social justice. He argued that sovereignty belongs to the people, and the government derives its power and authority from them. The primary purpose of the government should be ensuring the security of the people, and their participation in governance should be guaranteed as per constitutional provisions.
Falana criticized the political class for monetizing the democratic process, highlighting exorbitant nomination fees during party primaries. He cited the N100 million nomination fee for presidential aspirants in the All Progressives Congress (APC) and the N40 million fee for the People’s Democratic Party (PDP). He also noted the use of bribes to delegates during party conventions. Falana argued that these actions, coupled with violence perpetrated against voters who did not support certain political leaders, have resulted in the replacement of democracy with plutocracy.
While acknowledging the positive impact of BVAS machines in curbing electoral fraud, Falana underscored that the 2023 elections faced numerous challenges. Violence marred
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