THE NEWSPAPER COVERGE OF ELECTION PETITION TRIBUNAL IN NIGERIA A COMPARATIVE ANALYSIS OF OBSERVER AND GUARDIAN NEWSPAPER
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THE
NEWSPAPER COVERGE OF ELECTION PETITION TRIBUNAL IN NIGERIA A COMPARATIVE
ANALYSIS OF OBSERVER AND GUARDIAN NEWSPAPER
CHAPTER ONE
INTRODUCTION
1.1 Background of the Study
In most parts of the world, elections
are the true test of a functional democracy that is why modern societies are
stratified based on their ability to
convert competitive free and fair elections, Anabor (2007;p.40) elections also
test the institutions that guarantee the rule of law in societies as well as
the national will. Leader who emerged through the electoral system consummate
with a sense empowers when leaders emerge through the democratic system, they
are better disposed to use power
conscientiously and transparently than those who rig their ways into power.
Since the commencement of national
elections, Nigeria has been under ceaseless international securing, hunting
that the world expect us to get it right as a prerequisite for regional
leadership and each time, we falter in our bid to hold credible elections of
all the elections ever held in Nigeria, only that of June 12, 1993 that was
adjudged the freest and fairest, every other elections have be characterized by
complaints and protest arising from alleged measure rigging and fraud.
Political violence poses a serious
threat to the intimacy of the state and federal elections that will take places
in Nigeria from April 12 to May 3, 2003. Since parties’ primary elections from
local government candidate began in mid-2002, hundreds of people have been
killed as a result of political violence in Nigeria, and thousands displace.
Not all of the violence can be directly linked to the elections, but the
heightened tension created by competition of public office has exacerbated
existing conflicts and created new ones. Nigeria politicians, police and public
commentators have regularly denounced political violence, respect their resolve
that those responsible for crime will be brought to justice, and urged citizens
not to allow themselves to be used for political thuggery politicians
invariably round off these in junctions with an accusatory finger pointed at
their political opponents. But little concrete action is taken against those
who use violence and their action both from the official law enforcement bodies
and from their own political parties.
In the last days preceding elections
and during election period, the utmost vigilance by political parties, police
and government will be required to ensure that political tension are kept in
check. The danger of clashes will not necessarily subside once the elections
are over. Therefore, the Nigeria government, electoral commission and police
must take serious steps now to bolster Nigerian confidence in the electoral
system and thereby prevent the post-electoral injustices.
The case studies included in this
report reflect interviews with dozens of victims and witnesses of violence in
the states of Bayelsa, Rivers, Kwara, Enugu and Plateau, chosen to, illustrate
different patterns of political violence because political power is one of the
few ways to access wealth in Nigeria, politics often becomes what is frequently
referred to in Nigeria as “a do-or-die affair”. Individuals are so desperate to
remain or get close to the center of power that they resort to ruthless methods
that might be avoided if the economy and society offered other means of
supporting themselves and their families for the same reason, the use of
political thugs is a phenomenon that occurs across Nigeria.
Widespread poverty and unemployment
leave young people primarily young men, susceptible to informal “employment” by
politicians or their supporters as small armed forces. However, the dynamics
driving political violence differ to some extent in each state covered in
detail by this report. In the southern states of Bayelsa, rivers and Delta,
political conflicts is often exacter bated by the desire to control the
lucrative relationship between local communities and oil companies operating in
the area. In Enugu, personal hostility between leading politicians has led to
violence between their supporter in plateau, those who call themselves
“indigenes” or natives of the state have repeatedly clashed with those they
view as settler. Ethnic and religious divisions often play a part in defining
the lines of conflicts and are manipulated by politicians for their own ends.
Nonetheless the many causes of political violence over lap across states and
defy easy classification. The cases illustrate different fundamental dynamics
in each state, but also contain common themes across the country.
The independent national electoral
commissions (INEC) perceived willingness and ability to manage elect ion
impartially can affect the level of political violence. If elections are fairs
and transparent, it is more difficult for any group credibly to claim grievance
that could lead to violence in the post-election period. The number of clashes
provoked by party primary which quite often did not follow clear procedures
articulated in advance, illustrates the importance of transparency at the even
higher. Unfortunately, at many stages of preparing for elections, including
registration of political parties, accreditation election observes, and setting
the election schedules, INEC did not initially clarify the bases for making decision,
leaving it fairly open to criticism that it was favouring the ruling party,
separate state. level commissions responsible for managing local government
elections, which were originally scheduled local government elections, which
were originally scheduled for April 2002, have still not announced a concrete
plan for when and how they will take place.
The political parties themselves have
failed to impose discipline on their own members while government officials and
leaders of several parties have made public statements condemning political
violence, public reprimands actions within the parties, have been rare in
addition, parties and candidate have sometimes accused their opponents of
participations in political violence with little apparent basis, which
exacerbates tension that could lead to violence between their supporters. As
part of the process of growing from loose association based on fleeting
political interest to parties with true criminal activities and human rights
violations committed by their members more seriously the criminals status in
government or within the party.
A briefly paper issued by human right
watch in January 2003 describe our general causes for concern in the
pre-election period. The current report follows up with more detailed
information in incidents of political violence. It first presents case studies
of political violence in four states: Bayelsa, Rivers, Kwara and Enugu. It then
describes two crisis where political conflict has occurred along religious or
ethnic lines: the first in Jos, the capital of Plateau state; and the second in
the southern oil city of Warri, in Delta State cases, of high profile
assassination are next reviewed, followed by a section highlighting the role of
political parties and of the international community in supporting, peaceful
elections. A full set of recommendation appears at the end of the report
elections for the national assembly are schedules for April 12, 2003; the guber
national and presidential contests for runoff polls; and elections to the state
house of assembly for May 3. Elections for local governments have not yet been
scheduled.
INEC is a constitutionally created
body charged with managing presidential, national and the state level
elections, including among other things registration of voters, certification
of political parties and monitoring certain aspect of party operations. The
three year tenure of local government officials expect on May 29, 2002. The
ruling people’s democratic party (PDP) held local party primaries over the
council elections, and became the setting for numerous incidents of political
violence the local council primaries had originally been scheduled for April
2002, they were postponed to August 2002, and finally postponed indefinitely,
the state electoral commissions responsible for local election commissions
responsible for local election have get to announce a final schedule. In the
meantime, the state governors appointed local “caretaker committees” to
administer local government affairs when local council tenures expired.
General Mohammed Buhari, is the
presidential candidate of all Nigeria people’s party (ANPP) for 2007, he was
also presidential candidate in 2003. “This site has been set up as a resource
for the general public on the candidates, his vision and his mission during
campaign platform. Their briefing includes on why are Nigeria as 2003 elections
so important? The history of democratic elections in Nigeria, politics, wealth
and power, political parties in Nigeria, local rivalries and political
violence, etc. the centre is a London-based go promoting democracy, peace and
human rights in African ad especially in the West Africa sub-region.
An independent mass working people’s
political party with a socialist programme to provide an alternative to the
existing capitalist conscience party (NCP) led by lawyer and fighter for human
rights, chief Gani Fewehinmi, who is also the party presidential candidate.
Support workers, right. Based in Lagos Nigeria. At 2003 presidential candidate
is Chief Gani Fewehinmi and vice presidential candidate Mr. Jerry Gopye. Party
platform, party constitution, party gubernatorial candidates, the national
conscience party was formed (by Gani Fawehimmi) and publicity launched as a
political party on the 1st of October 1994. It was formed as an act of defiance
against the military junta of General Sani Abacha.
According to Kuting “Election
tribunals are courts with special authority to deal with cases relating to elections
malpractices and fraud in section of electoral Act 2002”. The authority of any
tribunal to hear and determine election petitions or matters pertaining to
election petitions is statutory constitution of Nigeria. The relevant of
election law. Most of the electoral laws have always made provision for the
establishment of election tribunal with power to determine the validity or
otherwise of the election of any candidate. It is pertinent to point out the
injuncture that the establishment of
special election tribunal is a recent development in the electoral history of
Nigeria up till 1954, the court were vested with the powers to hear and
determine questions bothering on the validity of the election of any candidate.
However, the Nigeria constitution order in council 1954, election (House of
representatives) regulations, 1954 provide that: no election held under party
ix and no return of a member to the house of representative may be questioned
except by petition complaining of undue election or return of a member of the
House of representative where is after called “an election petition”) and
presented to the court in accordance with the provision of this part and the
general regulation.
As at 1954, the Supreme Court was
vested with original jurisdiction under the relevant electoral law to hear and
determine questions bothering in the election and return of a member to the
House of Representatives. On this premise any election petition made to any
other court with a view to questioning the validity of the election of any
candidate to the House of Representatives would be incompetent as no other
court had jurisdiction to determine the matter.
Subsequent electoral laws made from
1977 contain provisions for the establishment election tribunals which are
clothed with powers to determine question arising from the conduct of election
for instance, the state government (basic constitutional and transitional
provisions) Decree, 1999 provides that: there shall be established in each
state of the Federation one or more election tribunals to be known as
governorship and legislative house election tribunal (in this decree referred
to individual as a “electoral tribunal” which shall be the exclusion of any
other court or tribunal, have original judrisdiction to hear and determine any
question.
Nigeria democracy is characterized
with violence and constitutional crises which predate independence, such
political, unrest even excombinated to military incursion politics in Nigeria
which is now largely based gradually becoming a part of our national
psycho-politics in Nigeria is largely based on parochial reason ranging from
ethical, religious and monetary. These elements can at best be described as the
most unlikely bed fellows robust democracy. This project work will look at the
level of coverage of the election tribunals, the attention the press has given
to the tribunals. The study will examine if the press has been playing their
roles.
The press has the duty to inform the
public the verdicts of various elections tribunals across the country. The
press should keep the people informed about the activities of the tribunals.
Traditionally, the press is a productive device for informing the people about
events around them journalism present a continuous never-ending, moving picture
of the world and its conducts. The press, which is seen as a catalyst for
changing should be able to inform the citizens about election petition
tribunals. The need for election tribunals, its verdicts whether positive or
negative. How it helps to nurture and sustain our nascent democracy. The press
has a role to play by informing the public on the consequence of election fraud
and how it shows down the profess of the nation. The newspapers are very
powerful to this effect.
The observer newspaper which is one
of the newspapers to be used for this study was established by decree two of
1967 by the military governor of the defunct mild west state, lieutenant
colonel Samuel Ogbemudia Osaigbovo. The philosophy was primarily to print and
publish a daily newspaper, which would provide a means of informing the public
of the intentional programmes and the policies of government. It was also to
serve as a medium of education, information and enlightenment to the people.
The observer however, whet into commercial printing in 1969, the commercial
printing started on a small scale in 1968 and gained autonomy in 1970, being
born a year after the Nigeria civil war started, the Nigeria observer was born
into crisis.
The Guardian is a privately owned
newspaper, which came into existence in 1983. Its duty is to publish both local
and national issues. It is a daily newspaper.
According to human rights watch,
(1997:p.1) Decree No:7 of 1997 provides for the establishment of local
government election tribunal and election appeal tribunals to resolve disputes
arising out of elections 75 each tribunals is to be comprised of a chairman and
two other members election tribunal members are to be appointed by the chief
judge of the state of the Federal capital territory while election appeal
tribunals members are to be appointed by the chief justice of the federation.
The chairman of election tribunals
must have held or be qualified to hold office of a high court judge. One of the
members of the tribunal must be qualified to practices the law for a minimum of
twelve years and the other must be non-member of the legal profession. All
election appeal tribunal members must be retired justice of the court of appeal
or constitutional court, retired judges of the federal high court or the higher
court of a state or the federal capital territory or legal practitioners who
have been qualified to practice for a minimum of twelve years. Not with
standing their credentials there have been many credible reports that members
of election tribunals have emerged in that Alhaji Hassan Yusuf a member of the
transition implementation committee announced in late August 1997 that the tie
was documenting all aged in proprieties by the tribunals for transmission to
General Sani Abacha. The following council of state meeting on August 22, 1997
when Ibrahim announced that the Federal government had decided to review
decisions of local government election appeal tribunal throughout the country, the
explained that certain members of the tribunals, including the chairman and
politicians, have participate in corrupt practices in order to make sure that
certain people are not pronounced as winners and therefore, government have
decided review the situation and
critically take certain actions that will restore credibility and credence to
the transition programme.
According to Kutigi (2003,p2) State
“Election tribunals are courts with special authority to deal with cases
relations to election malpractices and fraud section 134 of election ACT 2002”.
According to Maurice Iwu: (2003:p.4)
“The law setting up election petition tribunals in the 1999 constitution of
Federal republic of Nigerians all election petition except the ones relating to
presidential elections must be contend at the election tribunal and determine
at the court of appeal”.
1.2 Statement of the Problem
The principle responsibility of
journalist in any event is to report the events provide historical background,
determine which election petition tribunal are doing their work within the
frame work of law and which is news worthy despite this while gesture, the mass
media in Nigeria has been strongly critized over the performance one election
tribunals coverage by the masses.
Hence, this work sets out to examine
whether or not the Guardian and Observer newspaper are fulfilling the functions
of the press to the society in the coverage of election tribunal.
The study equally examine the level
of reportage of the tribunal stories by the Guardian and the Observer newspaper
concerning the 2003 election petition tribunals.
1.3 Purpose of the Study
The objective of the study are as
follows:
i.
This study will determine which of the selected newspaper gave more
coverage to the 2003 election petition tribunal in regards to the number of
news items editorial and features it carries.
ii.
To determine the prominence the selected newspaper gave to the stories of
the 2003 election petition tribunals in Nigeria.
iii.
This study will also examines the level of objectivity in reporting the
2003 election tribunal.
1.4 Research Questions
In view of the study, the following
research question have been put from ward.
i.
Did the observer and guardian newspaper carry stories on 2008 election
petition tribunals in Nigeria?
ii.
How did the observer and the guardian covered the 2004 election petition
tribunals in Nigeria?
iii.
How often did the observer and the guardian write an editorial on the
2003 election petition tribunals in
Nigeria?
1.5 Significance of the Study
It is known fact that the press in
any country act as a disseminator of information to the general public and as a
catalyst of change. They also serve as a link between the government and the
public in tight of the above, the study will show the extent to which these functions
were performed by the selected newspaper.
Secondly, the study will provide
information about the nature of coverage of the 2003 election petition
tribunals in Nigeria by the two selected newspaper.
Thirdly the study will provide additional
knowledge in the field of mass communication.
It will also serves as a reference
material for further research or election petition tribunal coverage by the
Nigeria press.
1.6 Scope of the Study
Basically, the research work is a
critical analysis of how the press covered the election petition tribunals of
2003 from March 2003-May 2004 the Guardian and Observer newspaper are used to
comparative analysis of the coverage. Every Monday and Friday edition will be
selected. This two paper will for the population in the process, the direction
of the news stories features, additional will be evaluated.
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