Some lawyers expressed concerns on Saturday regarding the public display of ballot papers by President Muhammadu Buhari and Benue State Governor Samuel Ortom after they cast their votes. They acknowledged that while the actions of both leaders were inappropriate, they believed it would not impact the election results. President Buhari, whose second term concludes on May 29, 2023, voted in Daura, Katsina State, during the presidential and National Assembly elections, openly showing his ballot paper to indicate his support for the All Progressives Congress (APC) presidential candidate. Similarly, Governor Ortom displayed his ballot paper to reveal his vote for the Labour Party presidential candidate.
One of the lawyers, Mr. Babatunde Fashanu, SAN, criticized the President’s actions, emphasizing that the voting process is meant to be confidential. He stated, “It’s a secret balloting; you are supposed to go there, do your voting in secret and drop the paper, and nobody is supposed to see who you voted for.” Fashanu further argued that it was inappropriate for Buhari to reveal his ballot, asserting, “It was wrong of the President to do that. Whatever his reasons, it does not justify showing whom he voted for. It’s illegal and uncalled for.” He also commented on the governors’ conduct, noting that if any were seen using their phones, it would violate the Independent National Electoral Commission (INEC) regulations. He stressed that all voters, including governors and the President, should adhere to the same rules, stating, “When it comes to voting, everybody is equal.”
Fashanu acknowledged that while the actions were wrong, they would likely not lead to a tribunal challenge that could nullify the election results at that polling unit. He explained, “The tribunal will tell you that it is substantial compliance that the law cares about. Even if it happened, it doesn’t mean it will affect the elections in that unit.” Chief Niyi Akintola, SAN, shared a similar sentiment, asserting that the display of the ballot paper would not influence the election outcome. He remarked, “What do the photographs taken by anybody have to do with the elections? Everybody is entitled to vote. Though the act is not in accordance with the rule, how has that affected the election?”
Another senior lawyer, Mr. Paul Ananaba, mentioned that he had only heard about the President’s actions and had not yet confirmed them. He stated, “If indeed it was what the President and some governors did, they have immunity. However, it is a contravention of the regulation, and I hope that it will not happen again.” Tayo Oyetibo, SAN, noted that there was nothing inherently wrong with the act if it was not intended for vote-buying. He explained that the INEC’s rule against using phones at polling booths was designed to prevent such practices.
In contrast, Mike Ozekhome, SAN, argued that the actions of both the President and Governor Ortom were illegal, citing a section of the Electoral Act that prohibits voters from displaying their choices. He stated, “What Buhari and Ortom have done is wrong and illegal under the Electoral Act. They should be prosecuted for this electoral crime, which is subject to imprisonment. However, due to their positions, they cannot be prosecuted until after May 29.” Ozekhome criticized their behavior as setting a poor example, emphasizing that displaying their ballots amounted to campaigning, which is prohibited within 48 hours of an election. He concluded by suggesting that their actions could unduly influence voters.
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