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Tag: electoral process

  • Enhancing voter participation in electoral process

    Enhancing voter participation in electoral process

    With less than 30 percent of the over 93 million registered voters in Nigeria taking part in the 2023 general elections, there has been concern about the low rate of participation in the voting process in the country. Political parties, civil society organisations and international election observers have called for measures to improve the electoral system. The National Assembly is currently considering a bill to ensure that those who participate in the electoral process and therefore have no time to vote are given the opportunity. TONY AKOWE reports.

    At a meeting with state Resident Electoral Commissioners in 2024, Chairman of the Independent National Electoral Commission (INEC), Prof. Mahmood Yakubu unveiled the report of several months of engagements with stakeholders in the nation’s electoral circle containing series of recommendations aimed at enhancing the conduct of elections in the country. The report was a follow up to an earlier report on the conduct of the 2023 general elections. Yakubu told the electoral umpires that from the internal and external engagements, the Commission identified 142 recommendations dealing with the general state of preparedness, voter management, voter education and public communication, political parties and candidate management, electoral operations and logistics management, election officials and personnel, partnership and collaboration, monitoring and supervision, election technology, voting and result management, election security, electoral offences and the electoral legal framework. One of the recommendations in the report is the issue of early/special voting for millions of Nigerians who do not vote at the moment on account of the roles they play during elections such as INEC officials, security personnel, ad hoc staff, observers and journalists who are deployed outside the places where they registered to vote. There is also recommendations in support of diaspora voting.

    The commission is not unmindful of the fact that several Nigerians are unable to vote either because they have not collected their Permanent Voters card, misplace such or relocated from the where they registered. In view of this, the Commission, according to Prof. Yakubu is considering the use of the Permanent Voters’ Cards (PVC) as the sole means of identification for voter accreditation on Election Day should be reviewed. He said “those who already have the PVCs can still use them to vote, but going forward, computer-generated slips issued to the voter or even downloaded from the Commission’s website will suffice for voter accreditation. This will not only save cost, it will also eliminate the issues around the collection of PVCs and the diabolical practice of buying up the cards from voters in order to disenfranchise them”.

    In response to the clamour for early voting by eligible Nigerians who are often engaged in election duties, Senator Abdulaziz Yar’adua representing Katsina central sponsored a bill which has scaled second reading in the Senate. The bill seeks to amend two major sections of the Electoral Act, 2022 to make room for these categories of voters, while also separating them from other regular voters. First, it seeks to amend section 10 which deals with continuous voter registration of the Act by introducing a new subsection 7 which states that “a copy of the list of registered early voters shall be given to all political parties ahead of the early voting date”. The bill also seeks to amend section 44 by providing comprehensively the procedure that enhance the voting of these categories of persons. Section 44 provide for the notice of polls.

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    The amendments being sought seeks to set aside a specific date for the conduct of early voting which shall be not later than 14 before the date appointed by the Commission for an election. It also state that “a person shall not vote as an early voter unless the person’s is a registered voter whose name appears on the early voters list compiled by the Commission”. It said further that “on the appointed early voting date, eligible voters shall cast their votes ahead of the election under a procedure to be determined by the Commission.” It list persons eligible for a pre-poll voting to include security personnel; (b) officials of the Commission; (c) Accredited domestic observers; (d) accredited journalists; and (e) ad-hoc staff of the Commission. However, the new subsection also states that “subject to the provisions of this section, a duly registered voter is entitled to participate in the early voting ahead of the official date of election under this Act, if: (a) the voter has, in accordance with the provisions of this section, applied to the Commission for early voting; (b) the voter’s name is on the register of voters issued by the Commission under this Act; (c) the voter is accredited by the Commission and will be deployed for election day duties; and (d) the voter’s name is on the early voters list compiled by the Commission”. It also provide that a person who is eligible to be registered as an early voter shall make an application set out in the form prescribed by the Commission. The proposed amendment provides that anyone who will be engaged in electoral duty, who is a registered voter must first apply to the commission to be included in the list of those to participate in the early poll as a result of being involved in election duty on the date fixed for the general election. It states that “an application under sub-section (6) shall be made to the Electoral Officer of the applicant’s Local Government, not later than 30 days before the day scheduled for early voting and accompanied by a declaration in writing by the applicant and such other documentation as may be required by the Commission, stating, or proving that the applicant is – (a) registered at a polling unit in the local government where the application is made; and (b) duly engaged on election duties on the date appointed for general voting at the election in question”. It said further that “an Electoral Officer shall, on receipt of an application under subsection (2) of this section, transmit the application to the Resident Electoral Commissioner who shall, upon being satisfied with the application and in line with the internal procedure of the Commission – alter the registration details of the applicant on the early voters list”. It also said that “person shall not vote as an early voter unless that person’s name appears on the early voters list”, while “a person whose name is entered on the early voter’s list under this section shall vote at a voting centre specified by the Commission on the date specified for early voting in line with this Act”. 

    Interestingly, the proposed amendment states that “a person whose name is on the early voter’s list shall not vote on the official day scheduled for the respective election”, adding that the “commission shall compile, maintain and keep the early voter’s list for each election in both an electronic format in its central database and in hard-copy printed format”, and “shall establish voting centres at every ward (registration area) to be used as early voting centre”.

     When passed the law will require the commission, not later than 7 days before the date fixed for early voting, publish a notice specifying the date fixed for the early voting, persons entitled to vote; and the location of the voting centre, while those who are qualified to participate in the early voting will be required to vote at centres so designated by the Commission. All the procedures for such elections, such accreditation, voting, sorting of ballots, and other voting procedures at early voting shall be according to the procedure of other elections, with a proviso that “votes from early voting shall be counted and collated on the official election day along with the votes for respective polling units on the election day”. Also, it states that early voting under this section is applicable to all elections under this Act.”

     The bill also seeks to alter the provisions of section 56 which deals with voting at the appropriate polling unit by inserting the clause “No person shall be permitted to vote at any polling unit other than the one to which he or she is allotted with the exemption of voters voting during the early voting under this Act”.

     Defending his bill before the Senate, Senator Yar’adua said it will address the “disenfranchisement’ of eligible voters who by the nature of their jobs are constrained from exercising their civic responsibility of casting their ballots during general elections. The Katsina Senator listed INEC staff engaged in election duties, ad-hoc staff, the security personnel, journalists, observers and others who work on election day and saddled with the sacred duty to uphold the integrity of the process, but are effectively denied the right to vote because they are deployed to polling units far from where they registered among the eligible but disenfranchised the proposed amendment would enfranchise. He said “over 1 million ad-hoc staff, 310,973 police personnel, 93,495 military and Department of State Service (DSS) personnel, 51,000 personnel from the National Security and Civil Defense Corps (NSCDC), 21,000 from the Federal Road Safety Corps, 11,336 from the Nigeria Correctional Service, 9,447 from the National Drugs Law Enforcement Agency and 350 personnel from the Economic and Financial Crimes Commission and an undisclosed number of journalists who were actively engaged in election activities were disenfranchised. Similarly, the Independent National Electoral Commission reported that 144,800 observers were deployed by 196 national and domestic organisations, with the implication that those citizens were also unable to vote. This is in addition to journalists and others involved in elections in various capacities.” He stressed that “the number of those excluded from voting could change the outcomes of election results. The figures highlighted above make this bill a necessity to address the ‘disenfranchisement’ of eligible voters. As lawmakers, it is our duty to ensure that every Nigerian citizen, regardless of their profession or duty on Election Day, has the opportunity to participate fully in the electoral process. Incorporating early voting in our electoral legal framework shall strengthen universal adult suffrage as our Constitution guarantees every eligible Nigerian the right to vote”. Yar’Adua said that when the numbers are put together and added to the number of election observers, it would be enough to determine the outcome of an election. He maintained that the wide disenfranchisement raised concerns given the declining voter turnout saying that in 2015, voter turnout was 4.7 per cent, in 2019 it dropped 34.7 per cent and in 2023, 27. 3 per cent. “To allow early voting for military personnel , it is not only a matter of fairness, it is a necessary step to restore confidence, engage young Nigerians and uphold the principle that says those who defend our democracy should not be excluded from it.

    Senator Yar’adua said further that “this Bill strengthens democratic values as democracy thrives when participation is broad, inclusive, and representative. By preventing those on election duty from voting, we are limiting the breadth of participation and undermining the very principles of democracy.” He gave examples of African countries where early voting has gained traction to include, South Africa, Namibia, Senegal and Ghana, saying “INEC has the expertise to incorporate early voting into our electoral process, and the Electoral Act provides sufficient legal mechanisms to address any challenges that may arise. The introduction of early voting is not just about convenience; it is about strengthening our democracy, improving voter participation, reducing electoral violence, and making elections more efficient and transparent. By passing this bill, we will be taking a significant step toward a more inclusive and representative electoral system that better serves the interests of all Nigerians.”

     Yar’adua has not just sponsor the bill, he has embarked on advocacy visits security agencies to canvass support for the bill since many of those who do not visit falls within that rank. One of his visit took him to the Minister of Interior, Olubunmi Tunji-Ojo, himself, a former member of the National Assembly, having served as a member of the House of Representatives. He told the Minister that the advocacy visit centered on the landmark Early Voting Bill, which sought to enfranchise security personnel, electoral workers, and other categories of Nigerians often excluded from participating in general elections due to the nature of their national duties.

    Speaking when the sponsor of the bill visited him, Tunji-Ojo said the Early Voting Bill is a necessary and overdue piece of legislation that addresses long-standing issues of voter disenfranchisement. He said “this bill is, in a way, an indictment on all of us who have passed through the National Assembly. It raises the question how did we not think of this sooner?” Citing historical examples such as the 2011 Nasarawa State gubernatorial election, where over 20,000 election-day personnel were unable to vote despite a victory margin of only 4,425 votes, the Minister called for broader discourse on other marginalized groups, including awaiting-trial inmates. He however think that those in the correctional centres should be included, saying that 70% of Nigeria’s correctional facility population are legally presumed innocent, asking “why should they be denied their constitutional right to vote?” He urged that the focus should now be on the extent to which all stakeholders are willing to go to ensure this bill is passed and implemented, stressing that “any reasonable democrat should see the necessity of this without further persuasion.”

    Speaking in support of the bill, Cynthia Mbamalu, Director of Programs at YIAGA Africa, stressed the significance of this reform for Nigeria’s democratic process. She said “the early voting bill is a bold step towards expanding electoral participation and ensuring that those who secure our elections are not denied the right to vote. It reflects our commitment to a more inclusive democracy.”

    Among the electoral amendment being sought to enhance the electoral process is the amending the law to allow Nigerians in the diaspora to cast their votes as done in other developed nations like the United States of America. Speaker Abbas Tajudeen is one of those pushing for this reform in the electoral system.

    Just like the early voting bill, the diaspora voting bill sponsored by the Speaker seeks to enhance the voting rights of Nigerians and increasing electoral participation.

    The bill which received overwhelming support at second reading on the floor of the house is co-sponsored by Sadiq Ango Abdullahi who led the debate for the second reading. According to Abdullahi, the bill seeks to amend section 39 of the 1999 Constitution (as amended) grants citizens the fundamental right of freedom of expression and opinion. When the bill is passed, all Nigerians, irrespective of their location anywhere in the world will be given right and freedom to express themselves in our country’s general election”. The Kaduna Lawmaker is of the view that since Nigerians abroad meet their financial obligations to the country through remittances, it is fair and proper that they are given the right to carry out their civic responsibility of expressing their leadership preferences during elections. He said “It is widely believed that diaspora remittances have contributed remarkably to the development of Nigeria. Nigerians in diaspora make considerable contribution to the Nigerian economy through huge financial inflow to the country. Sadly, existing laws in Nigeria have not made any provision granting voting rights to Nigerians in diaspora. Consequently, the agitation for voting rights for Nigerian in diaspora has continued to gain momentum. It is a practice that allows for holistic inclusiveness in a democratic society,” he said. The major amendments include guaranteeing

    The voting rights of Nigerian citizens living outside Nigeria. The section provides that elections to be conducted under this Act if passed shall include elections which the Commission is empowered by law. It will however will not invalidate existing laws in Nigeria. It only provides a platform for Nigerians in diaspora to participate in elections conducted in Nigeria. He added that the benefit of such a law if passed will be that it allows Nigerians in their respective countries of residence to vote in Nigerian general elections without the rigors and logistic challenges of travelling to Nigeria to exercise their voting rights among others. He said the purpose of the new provisions is “to reduce corruption, contract abandonment, waste of resources and generally to forestall a situation where contractors treat government contracts with levity and disdain to the detriment of the society.”

  • Experts urge improvement of electoral process 

    Experts urge improvement of electoral process 

    The Executive Director of the Policy and Legal Advocacy Centre (PLAC), Clement Nwankwo, has emphasized the need to improve Nigeria’s electoral process to enhance credibility and public trust.

    Nwankwo made this call during the public presentation of the Ballot Integrity Report for the 2024 Edo and Ondo State Governorship Elections, organized by the Kimpact Development Initiative (KDI) with support from the Foreign, Commonwealth and Development Office (FCDO).

    The report provides critical insights into election result management, transparency, and public confidence in the electoral system. It also highlights the role of technology in ensuring credible elections.

    Speaking at the event, Nwankwo underscored the importance of ballot integrity in any electoral process, noting that Nigeria has faced persistent challenges in ensuring credible elections over the years.

    “The entire issue of ballot integrity is the hallmark of elections in any country. Nigeria has been struggling with the credibility of elections for several years,” he said.

    He commended KDI for its efforts in promoting electoral transparency and urged the organization to continue its work ahead of the 2027 general elections.

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    “As we approach the next elections, it is very significant that KDI remains innovative in providing tools and strategies that help civil society, and indeed all Nigerians, keep an eye on the electoral process. The 2027 elections will be crucial.

    “I commend KDI for the innovations you have consistently introduced and for your collaboration with other civil society organizations to ensure their active participation in achieving credible elections in this country,” Nwankwo added.

    KDI’s Team Lead, Bukola Idowu, explained that the Ballot Integrity project was deployed during the Edo and Ondo governorship elections to provide an empirical assessment of electoral integrity using advanced statistical methods.

    “The Ballot Integrity examines election result management, assessing its consistency and areas for improvement. It also explores the broader impact of result management on the electoral cycle and overall process,” Idowu said.

    He further noted that while voting in the elections had been concluded, the electoral process itself remained ongoing, as legal adjudication plays a crucial role in finalizing election outcomes.

    “We are presenting these findings today for Edo and Ondo, but you will agree that the elections have not been fully concluded. The ballots have been cast, but the process will only be finalized when the Supreme Court delivers its verdict. We need to recognize that the adjudication process is still an integral part of the electoral system,” he explained.

    Senior Programme Officer, Gbemisola Adebowale, stated that the event was not only aimed at presenting key findings but also at fostering discussions on the way forward for Nigeria’s electoral process.

    The keynote address, titled “Protecting the Vote – Ensuring Electoral Integrity through Credible Result Management Practices,” was delivered by Professor of Political Science and former National Electoral Commission (NEC) Commissioner, Prof. Adele L. Jinadu.

  • How media can rebuild trust in electoral process

    How media can rebuild trust in electoral process

    Experts from the media, academia, civil society organisations and the electoral umpire- Independent  National Electoral Commission (INEC), converged recently on International Press Centre (IPC), Lagos to examine the critical roles of media in rebuilding trust in electoral process. The conversation with the theme Rebuilding trust in the electoral process, institutions and elections, was led by the duo of Director General, National Broadcasting Commission (NBC) Mr. Charles Ebuebu and Professor of Peace and Strategic Studies University of Ibadan, Isaac Olawale Albert.

    Ebuebu, who was represented by NBC Zonal Director Lagos, Ralph Akpan stated that as regulators ‘we are committed to combatting the spread of misinformation and hate speech. The media wields immense influence in shaping public discourse. It serves as watchdog in ensuring accountability and transparency in electoral process.’ He however noted that such power comes with great responsibilities as the media must provide accurate and balanced view of elections and electoral events.

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    “The NBC, in review of the last election, empirically established in 2011, there were incessant violations of broadcast codes in the area of balanced coverage and equitable allocation of airtime to participating political parties. In 2015, violations of the code were recorded in the broadcast of hate speech and fake news across platforms.

    “In 2019, the commission recorded deep partisanship by media while in 2023, infractions in the codes were observed. There were adverts with unfair remarks and personal attacks on candidates. In 2023 elections, NBC recoded 782 violations,” he said.

    Prof. Albert stated that without trust in the electoral process, democracy will remain a facade. But, he urged journalists to be honest; never spin stories; must never be a pest; must be responsive to their inquiries and keep their promises

    The varsity don who spoke on Deepening commitments for multi-stakeholder collaboration in rebuilding trust in the electoral process and institutions, stressed the need to identify misconceptions and assumptions; understand research and polls; evaluate and respond to user feedback as a way to be credible.

  • APC: We welcome observers, but won’t accept interference in electoral process

    The ruling All Progressives Congress (APC) declared yesterday that foreign observers are very much welcomed in Nigeria during this year’s elections starting with the presidential polls on Saturday.

    But it warned that no form of meddlesomeness, intimidation or interference by any foreign country in the electoral process in the guise of election monitoring would be allowed.

    The party said those coming to observe the election should be aware that Nigeria is a sovereign state and not a colony of any nation and should therefore apply international best practices in carrying out their functions as election observers.

    National Publicity Secretary of the party, Mallam Lanre Issa-Onilu, said in a statement in Abuja that the party was solidly behind the statement credited to Governor Nasir El’Rufai of Kaduna State, and it was ready to defend Nigeria.

    Onilu said, “We stand fully by the statement as regards any country that thinks we are a colony; that we have a right to defend every inch of this country; and we are not a banana republic.

    “Governor El’Rufai never said people should not come and observe or monitor elections. And he was not referring to people who are genuinely coming to monitor and observe the elections. Nigerians also go to other countries as monitors and observers. So that is acceptable to us. We welcome peer review. What we don’t welcome and what is unacceptable to us is any country thinking we are a colony, we are not. We are a sovereign nation.”

    On the development within the party in Imo State, Issa-Onilu said the National Working Committee of the party was yet to take a decision.

    He said, “We are aware of the situation in Imo and we have made our point clear. Let me reiterate that APC does not have an alliance with any party, including the Action Alliance. We are not in alliance with any party whatsoever in this election.

    “However, we welcome support for our candidates from any party, but we do not have such an arrangement that accommodates the candidate of any other party besides APC candidates. In Imo and all the thirty-six states, including the FCT, we are campaigning for APC candidates and we expect APC candidates to win elections anywhere we are campaigning in a free and fair atmosphere.

    “We are also aware of the fact the party’s local chapter has taken some disciplinary action as regards the Imo State governor, Owelle Rochas Okorocha. In the last few weeks, we have been going round the country to present our scorecard before Nigerians and to seek a renewal of this mandate to continue the good work that President Muhammadu Buhari has embarked on.

    “The National Working Committee has not been able to meet on that and many other issues pending. In due course the NWC will meet and that may be one of the issues that will be considered.

    “As at today, the real issue in Imo is to emphasise the fact that APC is supporting all APC candidates in Imo and we do not recognise candidates that are not from the APC. We encourage the people of Imo to vote massively for APC candidates. The governorship candidate in Imo remains Senator Hope Uzodinma,” he said.

    Responding to the criticism that greeted the recent   redeployment of Commissioners of Police to the states, the APC spokesman said, “a few weeks ago, it was the same PDP that was crying that the police had been compromised and that the former Inspector General of Police was poised to deliver the election to APC. Now the president has taken the position by appointing a new IGP. Now I don’t know where the noise is coming from.

    “There is no need to deceive ourselves. The whole noise about the posting of commissioners of police is about Kwara State; Dr. Bukola Saraki is scared stiff remembering all he had done in the past when he had the control. What he normally used the police for, the way he used to manipulate INEC and he is thinking that the same thing may happen to him.

    “How could you suggest to the police not to carry out its routine exercise. If the police think it is part of its preparation to ensure a free and fair election, provide security before and after the election is to move its personnel around, how does that bother anybody?

    “It is because Bukola Saraki has realised without having control over INEC and the police, there is no way he can win his seat to come back as a senator. He cannot even deliver his polling unit, without being aided by the police and INEC and that is what he has been doing before but is no longer available for him.

    “But let me assure him and his co travellers, the APC doesn’t need those illegal things to win elections. In fact, we need them to do their jobs; we need them to provide a level playing field to all political parties. That is all we want from the police; that is all we want from INEC. We don’t need the template Bukola Saraki and the PDP have been using and we are not going to use it.”

     

  • Of ‘cash and carry’ electoral process

    Sir: The monetisation that has characterized our electoral process in recent time portends grave danger to the nation’s democratic experience. While this is not new in our evolving political culture, what is of concern is that the trend seems to have grown worse with every successive election.

    The electoral system is designed to make it easy for the bidder with the deepest pocket to win. For instance, it is not uncommon to hear the electorate asking an aspirant whether he has the financial muscle needed to prosecute his intentions. Integrity and intelligence are traits quite often relegated, while opulence inspires a greater patronage in Nigerian brand of politics.

    The fast disappearing middle class in our socio-economic system has further enervated a robust political participation. In most democratic climes, it is the middle class that dictates the political compass of their countries during electioneering, but here, it is all about the stomach. No ideology, no manifesto, but money. It is pathetic to see how electorates scamper and scramble for just a few cups of rice and a few wads of currency shared on campaign grounds. Thus, money does not only blind someone but also confuses the mind and the result is the crop of leaders that are thrown up.

    During the last concluded 2015 general election, it was variously reported that just the presidential primary of APC that took place in Lagos engulfed over US$60 million. The incumbent president, Goodluck Jonathan on the other hand, though being the sole candidate of his party allegedly spent over N150 billion two weeks before that election.

    A report released by Compliance and Competent Monitoring Ltd disclosed that both PDP and APC allegedly spent a whooping N3.3 billion on political campaign advertisement alone. While PDP reportedly spent N2.5 billion, APC spent N728 million.  However there were far more other sundry election expenditures not reported.

    This was why INEC in its report concluded that an estimated one trillion naira might have been spent for the purpose of 2015 general election by all the active participants in that process including INEC itself, political parties and candidates. For a country whose annual budget in that year was a little above N4.5 trillion to have spent such a humongous amount just for the conduct of election leaves much to be desired. And this might have contributed to the recession which posed initial teething problems to this administration when it assumed power in 2015 and has since shown no reprieve.

    No, we cannot continue like this and expect to command respect in the comity of nations. But if profligacy of 2015 election was of any concern to us, the signal about 2019 election portends even a greater concern. Federal government has already transmitted election budget estimates of N242 billion to the National Assembly. Many have not hidden their worries about the rising cost of election expenses in Nigeria. Someone jokingly quipped that if the conduct of election is this costly, why not simply share the election funds among the citizens and our leaders continue to rule?

    Last year’s gubernatorial election in Anambra State and the just concluded one in Ekiti brazenly showcased a blatant display of vote-buying with all cautions thrown to the wind. Although both parties have profusely denied ever engaging in vote-buying but the reports by election observers and other parties that participated in that exercise have confirmed this. So whether the outcome of that election reflected which party was the highest bidder may not be determined in the near future but what is sure is that some people might have voted based on financial inducement.

    The truth is that the adverse effect of recession in the country has left many families in abject poverty and for a state which has not paid its workers for close to eight months, a few thousands of naira would definitely go a long way. But are the people deliberately allowed to wallow in poverty so as to achieve a cheap electoral victory?  How come that there is always enough cash to spend during election period?

    If this development is not enough reason to cause sleepless nights for those who are saddled with the welfare of the citizens, then we have not a little problem in our hands. Contesting election for any political office in the country is gradually slipping out of the reach of those who are not very rich unless there is a godfather somewhere to sponsor such ambition.

    The desperation by politicians to win at all costs, the increasing rate of unemployment and the impoverished masses coupled with a compromised security and electoral systems during election will continue to make vote buying an eternal electoral enigma in the country.

     

    • Itaobong Offiong Etim,

    Calabar.

  • Quest for perfection in Nigeria’s electoral process

    Quest for perfection in Nigeria’s electoral process

    A number of Civil Society Organisations (CSOs), acting under the aegis of the Nigeria Civil Society Situation Room (NCSSR), met in Abuja on July 10 to examine the electoral process. They analysed the activities before, during and after the 2015 general elections. They noted the progress made so far and suggest ways of improving the success achieved. Eric Ikhilae was there.

    The popular view, on July 10, this year, was that the country made progress in its democratic experiment with the conduct of the last general elections in 2015.

    It was noted that, beyond the fact that the 2015 general elections were the fifth of such rituals since the country’s return to democratic governance in 1999, the exercise was greatly helped by some remarkable innovations initiated and craftily deployed by the electoral body, the Independent National Electoral Commission (INEC) under Prof Attahiru Jega.

    Despite the verdict that the 2015 general elections were an improvement on the previous four, many believe there is need for constant improvement. And that managers of the nation’s electoral process should be driven by the sole urged to ensure perfection.

    These were part of issues thrown up by speakers at a session in Abuja on July 10 organised by a coalition of about 60 Civil Society Organisations (CSOs) acting under the aegis of the Nigeria Civil Society Situation Room (NCSSR). The event also featured the presentation of NCSSR’s compendium of petitions arising from the 2015 general elections.

    According INEC’s 2015 General Election Report, the 2015 general elections, held on March 28 and April 11, cost N114,058,943,747.48, with N108,851,683,313.93 sourced from budgetary allocation, while development partners assisted with the balance of N5, 207,260,433.55.

    No fewer than 27 out of the 28 registered political parties participated in the elections held in 119,973 polling units across the country’s 36 states and the Federal Capital Territory (FCT). 14 parties sponsored candidates for the presidential election, 371 candidates stood for the governorship election, 746 for the Senate; 1766 for House of Representatives and 5,278 for the state assemblies.

    That the twin innovations of the Permanent Voter’s Card (PVC) and Smart Card Reader (SMR) had positive impact on the outcome of the election was reflective on the reduction in the number of petitions taken, by aggrieved contestants, before the various election tribunals.

    According to INEC, 560 petitions were filed after the 2003 general elections. The number rose to 1,290 at the conclusion of the 2007 general elections. In 2011, the number of post-election petitions filed stood at 732, while 611 was filed after the 2015 elections.

    NCSSR’s coordinator and Executive Director, Policy and Legal Advocacy Centre (PLAC), Clement Nwankwo said the success of the 2015 elections resulted from a combination of factors, including the determination of INEC’s leadership, the resolve by the two main presidential candidates – Goodluck Jonathan and Muhammadu Buhari – to ensure peace, and enhanced citizens’ involvement through the activities of CSOs such as the NCSSR.

    He however identified some inadequacies, which he classified as incidences of violations by INEC and politicians. These violations, he noted, accounted for large number of post-election disputes recorded after the last general elections

    Such identified violations by INEC included the cancellation of election after declaration of results (act the Supreme Court condemned in the case of Okezie Ikpeazu v. Alex Otti in SC/18/2016); making declaration of return when collation has not been concluded (the Court of Appeal, Makurdi, in the case of Daniel Onjeh v. David Mark, nullified Senator Mark’s election on the grounds that election results were declared by INEC while collation was still on in seven out of the nine Local Governments in Benue South Senatorial District.

    There were also incidents of INEC’s failure to declare elections inconclusive. The Court of Appeal, in the case of Ekeleme Chima Ikeje v. Ugboala Theophilus, held that INEC acted in violation of the Electoral Act and the Manual for Election Officials 2015 when it failed to declare the election inconclusive, given that the margin of win between the two leading candidates was less than the total number of disenfranchised registered voters in the 35 disputed pulling units.

    Nwankwo noted that INEC was found to be partisan in some cases. He observed that there was the integrity and neutrality questions on the conduct of a number of INEC’s staff, who ought to be impartial umpires at the elections.

    He noted that in many of the appeals arising from the judgments of the election tribunals, the Appeal Court and Supreme Court raised this issue and advised INEC to always play the role of an impartial umpire.

    In the case of INEC v. Alex Otti in SC /22/2016, Justice Suleiman Galadima, of the Supreme Court, said; “My lords, permit me to make this comment in the light of what has been the recent trends in respect of the stance of INEC.

    “In an election petition, they readily take over the case of a party, who lost at the court below to prosecute the appeal. This appeal is one of such example. Is INEC not expected to be neutral and discharge its statutory responsibility in all election matters? Does it want to cry itself hoarse more than the bereaved?”

    He blamed politicains and political parties for not playing by the rules and engaging in all forms of unlawful conduct, including imposing and supplanting candidates, disregard for internal party democracy among others.

    Nwankwo frowned at the practice were political office holders ignore court’s decisions on election disputes. He said the development was worrisome and urged the Senate President, Bukola Saraki and House of Representatives Speaker, Yakubu Dogara to allow those who have won their cases in court to be sworn-in, in place of those currently sacked, but still holding on to the seats on the pretext that they have appealed.

    He  said: “We do have, at this moment, specific cases of persons, particularly in legislative elections, where the tribunals have given judgments and annulled the elections of persons, who had already been sworn-in, and asked the Senate or House of Reps to swear in new persons, and the legislative houses are not swearing in these persons on the ostensible reasons that they are waiting for the final court to reach a decision on this.

    Catherine Angai of the Open Society Initiative for West Africa (OSIWA), praised NCSSR for the initiative and urged its members not to relent in their effort in sensitising Nigerian electorate on the need to be involved in the electoral process.

    Professor Mohammed Kuna (Special Assistant to the Chairman of the Independent National Electoral Commission (INEC), Prof Mahmood Yakubu) said the observation on the weakness of the political parties is apt, but worrisome, because the parties exploit the electorate ignorance as against enlightening them to make right choices.

    He said the task of educating the electorate to make informed decisions that will result in the enthronement of quality leadership rest on the CSOs, not the greedy politicians and their weak and exploitative political parties.

    Executive Director of Human Rights Monitor (HRM), Festus Okoye, who undertook an overview of the compendium, expressed concern about conflicting decisions on similar issues by courts, particularly the Court of Appeal and on electoral cases.

    “For me the implication of some divisions of the Court of Appeal refusing to abide the decisions of the Supreme Court, and some electoral tribunals, refusing to abide by the decisions of the Supreme Court, is very serious.

    “Our judicial system and judicial process is anchored on the principle of precedent. The moment the Supreme Court laid down the law, it becomes the precedent and all other inferior courts must follow it. The moment courts begin to pick and choose which decision to follow, it becomes very problematic for our electoral process and undermines the judicial process.

    “I think that one of the things that ought to be done, especially by the Court of Appeal, is that the moment a decision is rendered, the judgment must be circulated to other divisions of the court, so that they become aware of what a division has decided on a particular issue, to avoid this type of challenges,” Okoye said

    An observation in the compendium queried the legitimacy of the huddles erected by courts for petitioners in election matters as criteria for the discharge of the onus of prove.

    It was noted that in election cases, it is always difficult to prove allegations of crimes like rigging, electoral violence, falsification of result sheets, undue influence and other forms of electoral malpractices because of the standard of prove set by the judges.

    It was further noted that the kind of evidence to be led to prove a case where election results/scores/votes is being challenged requires that such evidence should come from the officers present where the votes were counted. Where a petitioner fails to call such polling officers/agents as witnesses, the petition will be dismissed.

    “Where a petitioner challenges an election on ground of non-compliance with the Electoral Act, he/she is required to call witnesses polling unit by polling unit and ward by ward to establish his claim of non-compliance.

    “That is not all, the petition is also required to establish the non-compliance was substantial and that it affected the outcome of the election.

    “Where the petition is anchored on over-voting or ballot stuffing, a petitioner is required to produce the voters’ register, the ballot boxes containing the stuffed ballot papers and statement of results from the affected polling units complained about.

    “A petitioner, who alleges that an election did not hold is required to produce unmarked voters’ register. He is not to merely say so through witnesses’ testimonies.

    “It must be noted however that though election tribunals and courts have always insisted on these manners of proof in election petitions, there is no single provision of the Electoral Act that provides for such proof or a particular kind of witness in proof of any allegation. It follows therefore, that the laws were made by judges, which with all respect, contradict the provisions of the electoral act,” it said.

  • Jega has improved electoral process, says expert

    Jega has improved electoral process, says expert

    A former Commissioner of Lagos State Independent Electoral Commission (LASIEC), Alhaji Musibau Oyefeso, has hailed the Independent National Electoral Commission (INEC) for the novel ideas it introduced in this year’s election.

    Speaking with reporters after voting at his polling unit in Idimu, Alimosho Local Government Area of Lagos State, Oyefeso said from his observation so far, INEC deserved praises for coming up with measures to curb rigging and bring about credible election.

    Oyefeso, who was LASIEC’s Head of Operations and Logistics Committee, said not minding the teething problems recorded, INEC nonetheless performed well, considering the comprehensive view of the  process.

    He said: “To me, I want to believe that INEC has tried because they have introduced so many new things into the electoral system. The issue of the Card reader and Permanent Voters Card (PVC) are lofty ideas.  They are novel practices and so you are bound to have teething problems.

    “I believe if INEC is to do this election in 2019, they would have perfected the system. So, for now, I want to award INEC pass mark even as much as 65 percent.”

    On logistics problems, Oyefeso admitted that more need to be done to perfect electoral process, especially in the areas of conveying electoral materials from one point to another and the issue of ad-hoc staff, who he said are not permanent but temporary staff.

    He lauded the decision of INEC to extend the accreditation and voting exercise, but urged the political parties to monitor the process strictly to guide against rigging and electoral fraud.

    “I believe INEC has started with the electronic process. They have started with the electronic compilation of the voters register. They have complemented it now with the PVC, which is also an electronic instrument.

    “In the next election, I think we should be able to do electronic voting which will be the final stage and after electronic voting, there will be electronic compilation. So, I believe with everything now going through the electronic system, it will be better,” he said.

  • Osun electoral process

    Osun electoral process

    •While the voters and INEC deserve commendation for playing noble roles, the security men should be called to account before the 2015 elections

    PRIOR to the recent governorship contests in Ekiti and Osun States, the citizens, civil society groups, the media and analysts always viewed approaching elections in the country with trepidation. Violence, hijack of ballot boxes and other barbaric electoral malpractices and inability of the Independent National Electoral Commission (INEC) to get materials and men to polling units on time have always marred polling. The same was expected to happen in the August 9 governorship election in the state.

    However, the election showed that the commission made some progress in its preparations. Observers were unanimous  that polling started on schedule as materials and officials got to site early enough. There was also evidence that the permanent and ad hoc staff had been given sufficient training and were quite professional in applying the rules.

    One major drawback in previous elections was the credibility of the electoral register. It was not unusual to find such strange names as Mike Tyson and Bill Clinton on the typical election register in different parts of the country. Pictures and thumb marks of minors could also be seen on the roll. But, with the advanced features of the last registration, the roll had been cleaned up. The recent production of Permanent Voter Cards and INEC’s insistence that they could only be obtained in person sanitised the process.

    Perhaps, in response, the people conducted themselves with utmost decorum. Displaying their knowledge of, and commitment to obeying the laws of the land, despite the tension that attended the process, the electorate ensured that there was peace throughout the state on Election Day. This is a good example to take to 2015.

    It must however be observed that the deployment of national commissioners, resident electoral commissioners and other senior electoral officials from the national headquarters and other states could have contributed a lot to the supervision that ensured the professional conduct that attended the process. This has raised concerns about what could have been the outcome were the election left to the capacity of the Osun State electoral office. Next year, INEC may not enjoy the luxury of deploying such resources as it would be engaged in duty nationwide. This deserves the attention of the commission, lawmakers and other critical stakeholders.

    However, it is unfortunate that the security men drafted for the process nearly invited chaos that would have marred the election. First, it is sad that in this age, anyone would believe that military men ought to be deployed to purely civil pursuits like elections. We fail to see the point in President Goodluck Jonathan’s justification of turning Osun State, just like Ekiti, into a state of occupation by the armed forces. The Army, Navy, Air Force, Department of State Security (DSS) and other known and unknown paramilitary organisations were called up for duty. It is not clear if it was a vote of no confidence on the police whose primary duty it is to provide security cover during elections. Whereas the reason given for bringing the military into the fray was lack of confidence in the regular police, the conduct of DSS operatives has shown that the service might equally have failed the test.

    The reckless arrests by DSS operatives of leaders and members of the All Progressives Congress (APC) gave the impression that the service was called up to take attention away from the police. The defence put up by spokeswoman of the department, Ms Marilyn Ogar, further gave the impression that the secret service had returned to the days in the Second Republic when its officials were described as fiction writers. She, without adducing evidence, accused one of the political parties of making attempts to compromise its officials. Yet, uncharacteristically, the party officials were neither named nor arrested.

    It is yet early days and corrections could still be made. Nigerians do not deserve Red Alert to hold elections. The electoral commission should draw up its security needs and liaise with the appropriate organs of government to ensure that only those invited are called up and their operational details fully declared.