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| Gender Question and the Electoral Process in Nigeria April Polls By John Ikubaje
Section 26(2) of Nigeria 1999 Constitution provide that a woman may be registered as a citizen of Nigeria if she is or has been married to a citizen of Nigeria. This provision extend citizenship rights to the female spouse of a Nigeria citizen without doing the same for a man married to a Nigeria woman. To so many Nigerians, the issue of gender and the Nigeria Constitution is not a fundamental question that should attract national attention. Many have asked Citizens' Forum for Constitutional Reform CFCR, a coalition of over hundred civil society organisations committed to a process led and participatory approach to Constitution review in Nigeria during its advocacy for a democratic constitution for Nigeria the question of what difference can he or she effect in the Nigeria Constitution.
It became clearer to me that the issue of gender and constitution is not just an ordinary question that needs urgent Nigeria attention but that which can spark off electoral violence if left unattended to in the ongoing constitutional review exercise in Nigeria. Centre for Democracy and Development, an international non-profit organisation with specific focus on democratic development in West Africa sub-region organised election monitoring for the 2003 in Nigeria. Both Nigeria and other staff of the organisation from outside Nigeria participated in the exercise. On 19th April 2003, myself, Ameen Ayodele, a Nigerian, Allisa Wilson from United States and Olly Owen from CDD office in United Kingdom, witnessed a scenario that almost led to electoral violence at Adedero Village in Obafemi Owode local government in Ogun State. A Benin Republic man, Mr. Kazeem Deinde married to a Nigerian woman with three children. According to the villagers the man has lived in that village for ten years and had all the three children in that same village. He registered there and voted during the national assembly election on 12 April 2003. On the 19 April, 2003 after his wife has exercised her voting right Mr. Deinde, the husband was out again, this time around to vote for his gubernatorial and presidential candidates. Alas, it dawned on him. The People Democratic Party agent raised an objection that the man cannot vote. He said this man though his wife is a Nigerian but he is not and he cannot be allowed to vote in Nigeria. The villagers were not happy. They expressed their displeasure over the conduct of PDP agent. Voters in that village argued that it was unfair to have disallowed a man that they have accepted as their own kinsman from voting. Mrs. Deinde was furious and ready to fight both the PDP representative and the electoral officers at the polling center. It took the explanation of section 2(a) of Nigeria Electoral Act 2002, that USAID and IFES printed for INEC, which says a person, shall be qualified for registered as voter if such a person is a citizen of Nigeria. Most of the electoral officers in Ogun State that we asked the question can Mr. Deinde vote under the above situation in Nigeria said yes. Majority of them were not aware of the above provision situation in the Nigeria Electoral Act. To me, it was obvious that the villagers acted purely on humanitarian ground. The explanation of the Electoral Act 2002 was what averted the electoral violence that was to take place in that village on that day. In the end, INEC officers did not allow the man to vote because he is not a Nigerian. The question that calls for concern is why must the man be prevented from voting while other non Nigeria women but married to Nigerians were allowed to vote that same day. Are Nigerian men superior to Nigerian women? If the answers to the last question is no then all the contradictions and retrogressive provisions in Nigeria 1999 Constitution like the one referred to in this article must be addressed before the National Assembly finalised its assignment on the review of the Nigeria 1999 constitution. It is apparent from what transpired at Adedero village coupled with responses from other people in Ogun State that majority of Nigerians do not know what the Electoral law and the Nigeria 1999 constitution says. Most of the people that we asked the question can the man vote or be voted for in Nigeria, most of them based their argument on morality and not on what the law says. From the above observation of 2003 Election in Nigeria, it is obvious that majority's opinion are lacking in the Construct of Nigeria Constitution. The end product, that is the final draft of the ongoing review of Nigeria 1999 constitution by Obasanjo administration must be subjected to national referendum before such constitution can be regarded as Nigeria constitution. Awareness creation and education on all the proposed provisions in the constitution must predate the national referendum that would be conducted to test Nigerians acceptance of such constitution. For us at CDD, since our observations goes beyond electoral figures, it became apparent to me that Nigeria constitution defaults are clogs in the wheel of electoral success and national development. The government must therefore as a matter of urgency put to rest without further delay all necessary actions that would lead to the making of acceptable Nigeria constitution. Henceforth, Nigeria women must be treated in all ramifications as equal to their male counterpart for the country to move forward. For our dear nation to achieve this, representation and appointment to all positions in Nigeria must reflect gender equity to show fairness to Nigeria women. Application of all Nigeria laws must bring to bear justice in its implementation. |
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