The Refusal By Anambra Transporters To Transport Election Materials: It Civil Or Criminal Act -By Shariff M.M Al-hassan

I have decided to bring this for legal discussion just to serve as a guide in whatever decision we arrived at in our subsequent discussions. This is likely to assist in future elections whether for the National elections or for Local Government elections.

According to the Anambra episode,the Hon. INEC Commissioner made it public that, these Transporters collected money upfront to convey the materials but they did not.

This action by the Transporters look like a breach of contract but in the actual fact it goes beyond it and in fact civil action should not have place here at all. The actions of these Transporters amounts to criminality in that:

i- Whether it is civil or criminal conducts both requires the deployment of men’s rea ( intention ) and Actus rea ( act ).

ii-The mere fact that the parties have concluded to discharge this responsibility, these two elements have to take place.

Why it is criminal is that, these materials upon which this contract was made to convey election materials for elections must be undertaken due to its sensitivity. Ordinarily, failure to undertake it could lead to chaos and serious breach of peace in the society and even total failure of the statutory election. The Transporters definite knows of this consequences. Therefore deliberate failure to execute this contract has gone beyond every reasonable imagination and graduated to crime of which sabotage could also be suspected against these Transporters.

Once there is reasonable suspicion to an act, an element of criminality has being introduced and therefore such conduct has become criminal act. As such the provisions of section 36 (5) of the 1999 CFRN can be used against such Transporters using relevant Electoral laws as contained in the Electoral Act 2010 (As Amended) to prove otherwise before a competent Court.

The issue of civil action for breach of contract cannot be pleaded anymore but full fledged criminal prosecution.

Therefore I am of the opinion that,entering into any contract with INEC to convey the materials from point A to B and consideration given of failed it would amount to criminality and subsequent criminal prosecutions.

Hope other Colleagues can add their opinions more particularly my Learned Colleague Barr.Job. Lets share opinion on this it will help our Electoral system and to make anybody that intends to act so to think twice.