ELECTION SECURITY IN NIGERIA AND THE UNITED STATES OF AMERICA
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By Dr. Akin Olawale Oluwadayisi, PhD, Olumide Awoyemi, LL.M, Boluwaji Awi, Esq.
ABOUT THE BOOK
Democracy, the civilised form of human government, has become a fruitful environment for political gladiators. The electoral process involves multiple stakeholders, including the electoral commission, political parties, lawmakers, voters, security officers, election observers, and the press. The security agents play a challenging duty because they are involved in all stages. Similarly, security agents are critical in maintaining a peaceful society and preventing a breakdown of law and order that could occur before, during, or after the election. This paper examines the constitutional and statutory functions of security agents in the electoral processes of Nigeria and the United States of America. The scope of the work will cover all the various aspects of election security in the two jurisdictions.
Using primary and secondary legal sources, the study is carried out according to the doctrinal method. Acts of Parliament, laws, statutes, and the constitutions of the Federal Republic of Nigeria and the United States of America are the main sources. Case law, government documents, academic textbooks, magazines, newspapers, and internet resources are examples of secondary sources.
The general introduction is covered in chapter one, followed by chapters two and three on the concept and classification of security agents in Nigeria and the United States, the constitutional and statutory roles of security agents in Nigeria, and an analysis of their involvement in the Nigerian electoral process in chapter four. The chapter discusses the function of security personnel in the US and their importance during the electoral process. While Chapter 6 explores the ramifications of electoral violence in general, Chapter 5 looks at how electoral violence is frequently perpetrated and reported during the conduct of elections in Nigeria and the US. Chapter Seven addresses the effects and implications of election violence in all sectors of Nigeria and the US.
Chapter 8, which is devoted to strategic recommendations and suggestions for improvement, serves as the study’s conclusion. In order to increase public trust in the election processes in Nigeria and the US, the chapter suggests actions that electoral umpires in the two jurisdictions might do to best involve security personnel.
Brief Biography of the Editors
Dr. Akin Olawale Oluwadayisi, PhD, LL.M, LL.B, B.L, MCIArb. & a Notary Public is a researcher, legal consultant, Arbitrator, Notary Public, and Senior Lecturer whose interest areas are Electoral Law and Justice, Public International Law, Criminal Law, Constitutional Law, and Corporate Governance. He was called to the Nigerian Bar in 2009 and holds a Master’s and PhD degree in law from the University of Ilorin, Ilorin, Nigeria with a speciality in electoral law and justice. He is a beneficiary of the 2018 Chief Olu Akinkugbe Fellowship Award on Business Law in Africa and a Fellow of the Centre for Comparative Law in Africa (CCLA), University of Cape Town, South Africa. He is also a Fellow, of the Institute of Policy Management and Development (Nigeria). He has also served as an adjunct Assessor and external Examiner with the Nigerian Law School, Abuja for 7 years. He was the Acting Head of the Department, of Jurisprudence and International Law, at Adekunle Ajasin University, Akungba-Akoko and a Visiting Senior Lecturer at Elizade University Ilara-Mokin, Ondo State, Nigeria. He is the founder of the Law Firm, Benakol Consulting and National Coordinator, of the Centre for Electoral Research and Legal Studies, Abuja. He has published widely and internationally and chaired panels in many countries in Africa, Canada and the United States.
Olumide Awoyemi, LL.M, BL, LL.B., BSc., holds a Master of Laws degree in Commercial Law from Illinois University, United States. The was called to the Nigerian Bar in 2022 and has a Bachelor of Laws from Adekunle Ajasin University and a Bachelor degree in Accounting from the University of Ado-Ekiti (Now Ekiti State University). He is also qualified to represent clients in the United States of America and Nigeria.
As the Principal partner of the Firm, he possesses experience in advising corporate bodies and individuals on immigration matters including visa and residence, passport and representing clients before immigration judges and authorities. He possesses significant knowledge in corporate practice and taxation considering his background education as an accountant. He has worked on diverse transactions including project finance, acquisitions and divestments, power projects and other infrastructure development, strategic investments, international, corporate finance and alternative funding structures. Olumide is a member of the Nigerian Bar Association and Chartered Institute of Arbitrators
Boluwaji Awi, Esq. BL, LL.B.(AICMC) was called to the Nigerian Bar in 2022 and has a Bachelor of Law at Adekunle Ajasin University. He is the principal partner at Goodfate Legal, Lagos, his areas of practice include Corporate Law, Taxation, Bankruptcy and Insolvency, Matrimonial matters, Election Petition, and Arbitration amongst others. He is a member of the Nigerian Bar Association, Institute of Chartered Mediator and Conciliator and Member of Nigerian Bar Association Section on Business Law.
Description
Table of Contents
ELECTION SECURITY IN NIGERIA AND THE UNITED STATES OF AMERICA …………………..i DEDICATION…………………………………………………. ii ACKNOWLEDGEMENT……………………………………. v TABLE OF CASES………………………………………….. vii TABLE OF STATUTES ……………………………………. viii LIST OF ABBREVIATIONS………………………………… ix TABLE OF CONTENTS……………………………………. xii EXECTUIVE SUMMARY…………………………………… xx Chapter 1 – GENERAL INTRODUCTION………………………1 1.1. Background of the Study…………………………..4 1.2 Literature Review…………………………………….4 1.3. Statement of Problems……………………………10 1.4. Aim and Objectives of the Study………………11 1.5. Research Question…………………………………11 1.6. Research Methodology…………………………..12
1.7. Definition of Terms ………………………………..13 1.8 Structure of the Study……………………………..19 Chapter 2 THE CONCEPT AND CLASSIFICATION OF SECURITY AGENTS IN THE UNITED STATES AND NIGERIA……………………………………………23 2.1. Introduction……………………………………………23 2.2. Meaning and History of Security Agents in Nigeria………………………………………………………….24 2.2.1. Pre-colonial Security System…………………..25 2.2.2. Security System During Colonial Era………..31 2.2.3. Post Colonial Security System …………………36 2.3. Classification of Security Agents Post-Colonial Nigeria………………………………………………………….39 2.4. Conclusion……………………………………………..1 Chapter 3 THE CONSTITUTIONAL AND STATUTORY FUNCTIONS OF THE SECURITY AGENTS IN NIGERIA……………………………………….…41 3.1. Introduction…………………………………………..41 3.2. The Constitutional and statutory duty of the various security agents……………………………………42 3.2.1. The Nigeria Army, Navy and Air Force………43
3.2.2. The Nigeria Police Force ……………………….50 3.2.3. The Nigeria Security and Civil Defence Corps……………………………………………………………53 3.2.4. The National Drug Law Enforcement Agent in Relation to Electoral Process…………………………….55 3.2.5. The Nigeria Custom Service…………………….57 3.2.6. The Nigeria Immigration Service ……………..60 3.2.7. The State Security Service ………………………62 3.2.8. The Independent Corrupt Practices and Other Related Offences Commission………………………….65 3.2.9. The Economic and Financial Crime Commission…………………………………………………..66 3.3. Conclusion……………………………………………..68 Chapter 4 THE ROLES OF SECURITY AGENTS DURING ELECTIONS IN NIGERIA …………… 69 4.1 Introduction………………………………………………69 4.2. State Joint Election Security Committee ……….72 4.2.1 Functions of the State Joint Election Security Committee (SJESC)…………………………………………72 4.2.2 Roles of Security Agents in Electoral Process ……………………………………………………….80
4.3 Conclusion ……………………………………………..84 Chapter 5 ROLES OF SECURITY AGENTS IN THE UNITED STATES’ ELECTION PROCESS…………………. 87 5.1 Introduction……………………………………………87 5.2 Importance of Security in Election Process …89 5.3 United States Security Architecture……………91 5.4. The Statutory and Constitutional functions of Some Security Agencies in the United States (Federal)……………………………………………………..91 5.4.1 United States Intelligence Community (USIC) …………………………………………………………92 5.4.2 United States Department of Homeland Security (DHS)………………………………………………93 5.4.3 Central Intelligence Agency (CIA) ………93 5.4.4 United States Department of Defence (USDD)………………………………………………………..94 5.4.5 Federal Bureau of Investigation (FBI)……..94 Chapter 6 ELECTORAL VIOLENCE IN THE UNITED STATES AND NIGERIA ………………………………………… 96 6.1 Introduction……………………………………………. 96 6.2 Background to Election Violence……………… 101
6.3 Meaning of Election Violence …………………… 102 6.4 Types of Election Violence…………………………103 1. Pre-election Violence………………………………….104 2. Post-election violence………………………………….105 3. Social Media Violence………………………………… 105 4. Cultural/Tribal Violence………………………………107 5. Religious Violence ………………………………………107 6. Electoral clashes…………………………………………108 7. Riot/Civil Unrest………………………………………….108 6.5. Incidences of Election Violence in the United States and Nigeria…………………………………………..109 6.5.1 Examples and Incidence of Election Violence in Nigeria………………………………………………………110 6.5.2 Examples and Incidence of Election Violence in the United States …………………………………………117 6.5.3 Election Violence in the 2024 United States Presidential Election (David Trump in Focus)……..119 6.6. Causes of Election Violence……………………….121 1. Highly Competitive Election that could shift power……………………………………………………………121
2. Partisan Division based on Identity………………..122 3. Electoral Rules that enable winning by exploiting Identity Cleavages………………………………………….123 4. Weak Institutional constraints on Violence ……..123 6.7. Impact of Social Media in Election Violence …126 6.8 Election Violence Prevention and Conflict Management………………………………………………….128 6.9. Strategies to preventing Election violence……129 6.9.1 Public Education……………………………………..129 6.9.2 Transparent/Credible Electoral System……..129 6.9.3 Independent Electoral Institutions …………….130 6.9.4 Strengthening of the Electoral Institutions and Laws……………………………………………………………..130 6.9.5 Judicial Integrity and Independence………….131 6.9.6 Good Governance…………………………………..131 6.10 How to Reduce Election Violence and Conflict Management in United State and Nigeria …………..133 6.11 Conclusion ……………………………………………..133
Chapter 7 IMPLICATIONS OF VIOLENCE ON ELECTORAL AND DEMOCRATIZATION PROCESS IN USA AND NIGERIA………………………………………………..135 7.1 Introduction………………………………………………135 7.2 Effects of Electoral Violence on the Economy.. 137 7.3 Effects of electoral violence on Education……..143 7.4 Effects of Electoral Violence on Social Life…….146 7.5 Effects of Electoral Violence on Political Activities…………………,,,,,,,………………………,.. 150 7.6 Effects of Electoral Violence on Psychological Well-Being of the People. ………………………………..156 7.7 How to prevent electoral violence in USA and Nigeria………………………………………………………….158 7.7.1 Prevention of vote-buying and promotion of peaceful participation in the electoral process……159 7.7.2 Voter education and inclusive democratic campaigns for credible, free, and fair elections….159 7.7.3 Addressing Youth Unemployment, Improving Security, and Upholding the Rule of Law ……………161 7.7.4 Countering Hate Speech, Strengthening Cybercrime Laws and Prioritizing National Cohesion……………………………………………………….162
THE UNITED STATES OF AMERICA 7.7.5 Strengthening Political Institutions, Building Electoral Management Systems, and Adopting Innovative Strategies ………………………………………164 7.8 Conclusion ……………………………………………….165 Chapter 8 PROPOSAL FOR STRATEGIC, RESPONSIBILITIES AND RECOMMENDATIONS………………………. 167 7.1 SUMMARY……………………………………………………167 7.2 OBSERVATIONS……………………………………………..167 7.3 RECOMMENDATIONS …………………………………….173 BIBLIOGRAPHY……………………………………… 177
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