Questionable Reprieve for Electoral Offender

The recent conviction of Professor Peter Ogban for electoral offences that was described as a landmark decision in the nation’s jurisprudence, was last week made a mockery courtesy of a controversial bail pending appeal aimed at setting him free, Davidson Iriekpen writes

Barely four months after Justice Augustine Odokwo of the Akwa Ibom State High Court was commended for a landmark decision convicting Professor Peter Ogban for electoral fraud, he is on the street walking as a free man courtesy of a N10million bail pending appeal granted him last week by another judge.

Justice Justice Pius Idiong while ruling on the bail application filed by the convict, said the bail conditions would include a surety in like sum who must reside and have properties within the jurisdiction of the court. Other conditions include the presentation of Certificate of Occupancy signed by the state governor and two passport photographs each of the applicant and surety to the Registrar of the court.

The judge held that though the applicant did not prove exceptional circumstance or unusual reason to be granted bail, the applicant may have to serve the terms of the sentence before the determination of the appeal.

The Independent National Electoral Commission (INEC) had arraigned Ogban, a Professor of Soil Science of the University of Calabar, Cross River State last year before Justice Odokwo. The university don who acted as the Collation/Returning Officer during the 2019 National Assembly elections, was charged with two counts of fraudulently tampering with the election results in favour of the All Progressives Congress (APC) in Akwa Ibom North-West senatorial district.

In one of the court’s sessions, Ogban had told the court how the results of the election were falsified to give the APC an unfair advantage over its main rival, the PDP. For instance, some 5,000 fake votes were added to the APC’s score in Oruk Anam, in the election.

The initial judge, Justice Odokwo, after listening to the arguments, said the prosecution was able to prove its case against Ogban beyond any reasonable doubt. He found the Professor guilty of manipulating and falsifying the scores of election results in Oruk Anam and Etim Ekpo Local Government Areas in favour of the APC. The judge consequently sentenced him to 36 months jail term and a fine of N100,000.

When the judgment was delivered, not only was it hailed across the country, it was also described as a landmark decision in the nation’s jurisprudence.

Soon after, his lawyers swung into action with an appeal at the Court of Appeal. But THISDAY gathered that a former governor of the state whom Ogban had allegedly connived with to rig the election in his favour, masterminded a bail pending appeal for him. It was gathered that the former governor who saw the gesture as pay back time, was at the time contesting a senatorial election. It was believed that he did not want to leave Ogban in the cold after he attempted to risk his career and life for him. Immediately the professor was convicted and sentenced, he was led away by prison officials.

Since the news of the bail pending appeal became public, observers have been criticsing it, saying the action makes a mockery of the judgment convicting him and the lessons thereof. They noted that such actions make the high and mighty to evade prison after being convicted and sentenced for infraction of the law. They further wondered why the Nigerian criminal justice system creates loopholes for the high and mighty to take advantage of.

Those who spoke to THISDAY on condition of anonymity, faulted the judge who despite holding that “the applicant did not prove exceptional circumstance or unusual reason to be granted bail,” still went ahead to grant him bail.

For too long in the country, election riggers were scarcely brought to book, creating an incentive for unscrupulous politicians and their cohorts in INEC to persist in bad behaviour. In the 2015 elections, the electoral umpire received 149 case files. Most of the cases were dismissed for lack of diligent prosecution. At times, the attorneys-general of the states file nolle prosequi motions to get the offenders off the hook. At the end of the day, 61 cases were prosecuted, but no conviction was secured. This is appalling. In this way, the offenders compromise the elections with impunity.

Despite the introduction of technologies like the smart card reader and the permanent voter card – the police recorded 796 arrests in the second phase of the 2019 general election and 323 arrests in the first phase.

In its final report, the European Union Observer Mission to the 2019 polls stated that the prevalent forms of electoral fraud included forgery of permanent voter cards, interference with a ballot box or ballot papers, dereliction of duty by election officials, impersonation, voting when not qualified, bribery, violation of the secrecy of the vote, and disorderly conduct of elections.

Incidentally, vote-buying on Election Day occurs prominently. Not only do political hirelings on many occasions chase away voters, security agents too have been fingered in mass thumb printing of ballots for their masters. Politicians deploy weapons and skulduggery to win at all costs. Hanging on to technicalities, the courts often close their eyes to all this. The implication is that over time, the electorate has become disillusioned with democracy. Voter apathy is escalating.

The Westminster Foundation for Democracy (WFD), a British NGO, stated that the voter turnout in the 2019 presidential election fell to 35 per cent from 44 per cent in the 2015 polls. That 44 per cent turnout was also a decline from 54 per cent attained in the 2011 polls. “Statistics show that the voter turnout for Nigerian presidential elections has been dropping since 2003,” the WFD lamented.

Repeatedly, INEC deplores its helplessness to rein in offenders. Under the Electoral Act, it cannot investigate or arrest offenders, though it can prosecute. By relying on external forces to do its job, this hamstrings the commission. Since 2015, the Economic and Financial Crimes Commission has been prosecuting the suspects linked to the $115 million allegedly distributed by a former Petroleum Minister, Diezani Alison-Madueke, to compromise that year’s general election. In a scandalous case, INEC said though it secured 40 convictions – described as the highest so far – in a bye-election in Kano State in 2016, “the convicts did not apparently spend any time in prison” because they were given the option of fine.

It is believed that Nigeria, electoral fraud begins from the party primaries. Although INEC has an observer status during this exercise, it has no power to intervene. For the 2019 elections, there were 1,700 pre-election suits as of November 2020 with INEC spending between N3 million and N4.5 million on each case. This is more than one and a half years after the election itself. This is weird. It ought to be reviewed, and the Electoral Act strengthened.

For a long time, many Nigerians had wondered when the laws would finally catch up with at least one heavyweight involved in electoral malpractices to serve as a deterrent. But the favour granted Professor Ogban instead of allowing him to serve his prison term, has clearly shown that the Nigerian prisons are not meant for those who have connections with the high and mighty in government.

While miscreants are randomly arrested by law enforcement agents and arraigned and sent to prison on trumped up charges, the rich often tends to escape justice via technical loopholes or outright undermining of the system. For instance, from 2007 to date, security and anti-graft agencies in the country have arraigned no less than 50 high-profile public officers and personalities but are still yet to secure conviction against them.

Though there is no dearth of laws in the country, what many believe is lacking range from diligent prosecution to political will to move against powerful and influential people who contravene the law. They wonder why people who steal public funds, and those who commit electoral fraud, financial and corporate fraud are allowed to freely walk the streets when they are supposed to be behind bars.

It was against this background that Nigerians were jolted when an Osun State High Court in Osogbo recently sentenced a 31 year-old man, Kelvin Igha Igbodalo, to 45 years imprisonment for stealing a Sony Ericson mobile phone. Igbodalo, who was arraigned on a six-count charge of conspiracy, obtaining by false pretence, stealing, impersonation and advance free fraud, pleaded guilty. Justice Jide Falola sentenced Igbodalo to 10 years in prison for each of the first three charges and five years each for the last three counts.

But a former Assistant Director in the federal civil service, Mr. John Yakubu Yusufu who admitted to being part of those who stole N32 billion was practically allowed to go free. The sentencing of Yusufu which was the first conviction in an elaborate scam that came to light in 2012 involved several top officials, offices and banks. The convict was tried on a 20-count charge alongside Atiku Abubakar Kigo (Permanent Secretary), Ahmed Inuwa Wada (Director), Veronica Onyegbula (Cashier) and Sani Habila Zira (ICT Officer). His sentencing came after he pleaded guilty to betraying trust and fraudulently converting N2 billion of police pension funds to private use. He admitted to the 19th and 20th offences relating specifically to him, each involving betrayal of trust and the conversion of N1 billion apiece. But to the consternation of Nigerians, the trial judge, Justice Abubakar Talba, handed the convict a mere sentence of six years in jail and an option of N750,000 which he promptly paid to avoid going to jail.

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His lawyers swung into action with an appeal at the Court of Appeal. But THISDAY gathered that a former governor of the state whom Ogban had allegedly connived with to rig the election in his favour, masterminded a bail pending appeal for him. It was gathered that the former governor who saw the gesture as pay back time, was at the time contesting a senatorial election. It was believed that he did not want to leave Ogban in the cold after he attempted to risk his career and life for him. Immediately the professor was convicted and sentenced, he was led away by prison officials