Examples of INEC’s ‘non-independence’
The facts in proof of a non-independent INEC have always been very glaring for all to see. The scenario surrounding the postponement of the 2015 general elections at the eleventh hour are still very fresh in our memories, when the elections were postponed on the alleged security situation in the North East. It was commonly believed that the ruling party saw defeat and needed to buy time to strategise. Who says our politicians are not good students? Fast forward to 2016 when the now ruling party needed time to, according to the opposition, perfect plans to rig the gubernatorial elections in Edo State, they raised issues of insecurity again at a time when Edo State was arguably widely adjudged to be the most security threat-free state in Nigeria. Postponement of the governorship election in the state was easily granted by INEC the moment it was requested by the ruling party, albeit through the security authorities.
Fast forward again to just two months later in Ondo State when most of the participating parties requested a postponement due to the difficult situation one of the opposition parties, this time the PDP, found itself as a result of the internal legal battle between its members, the election went on as scheduled, arguably because it was not the ruling party that needed a postponement.
While being interviewed on Ray Power’s ‘political platform’ programme anchored by Mr. OhiriaAgbonsoremi on the morning of November 24, 2016, in the wake of the Court of Appeal judgment that reinstated Eyitayo Jegede as the PDP standard bearer for the Ondo gubernatorial election, INEC spokesperson, Mr. Nick Dazang, struggling to paint INEC as unbiased and unaligned, argued that one of the reasons they could not shift the Ondo elections was that even though there was ample window to shift the elections if the need arose as the victor would not be installed until February of 2017, they would not do so because other elections were coming up in Rivers and Lagos. In the words of Agbonsoremi, “even a primary school pupil will see through the futility of that argument as the same INEC is capable of handling elections simultaneously throughout the country”.
Rigging strategies
The rigging strategies of the political parties have metamorphosed over the years. In all of these, I make bold to say that the political parties, especially the ruling party have always had the electoral body as a ready accomplice. I submit further that elections could hardly be successfully rigged without the connivance of the electoral body or its officers.
Way back in 1999, thugs were employed for snatching and stuffing of ballot boxes. In the end, the snatched ballot papers and boxes always found their way back to the collation centres to be counted among the genuine ones, that is, if the genuine ones were not all together discarded.
From 2003, although ballot box snatching was still a desired act by our so called political elites using their thugs, it started taking a new dimension, the science of rigging was evolving like living organisms that develop adaptive bodies to meet the demands of their environments. The act of duplicating election materials such that the original materials are in the hands of the ‘overlords’ for multiple thumb printing had started taking shape. It was not uncommon to hear on the day of election that the real materials are in the house of a chieftain of a particular political party for multiple thumb printing while innocent Nigerians were out there thinking that they are doing something that would impact on the outcome of the exercise. Politicians became so full of themselves that they called the bluff of their opponents and the electorates because they knew that the outcome of the elections is not dependent on what the electorates do out there in the field but what will transpire in the inner chambers of the party chieftains. The PDP was largely the beneficiary of this practice at the time. The other parties only looked on cursing the PDP but deep down they wished they were in the position of the PDP at the time. Experience would later show that they would do exactly the same thing as the PDP did given the fortunes of the PDP.
The Ghanaian example
On independence of Ghana’s Electoral Commission, Article 46 of that country’s 1992 Constitution provides that “except as provided in the Constitution or any other law not inconsistent with the Constitution, in the performance of its functions, the Electoral Commission shall not be subject to the control or direction of any authority”.
The Chairman and the two deputy Chairmen have permanent tenure of office and enjoy the same conditions of service as justices of the Superior Courts. The Commission has the power to hire and fire staff and is not under any obligation to accept staff from any quarters, apart from the Accountant-General’s Office and the Supply & Stores Department under the Ministry of Finance (Electoral Commission of Ghana, 2012).
A study assessed citizens’ perception on the independence of Ghana’s Electoral Commission. Descriptive survey technique was used with a sample size of two thousand respondents. Simple random sampling was used to sample respondents to answer the questionnaire and interview which were the research instruments. Result findings showed that all respondents (100 per cent) said that the Electoral Commission is truly independent in spite of the challenges the body faces and all the respondents said that the role played so far by the Electoral Commission of Ghana has made the ballot box not only become the chosen means for electing political representatives, credible elections are also acknowledged as the only acceptable way to access power.
The study concluded that the Electoral Commission of Ghana is independent and one of the best electoral bodies in Africa and elections are one of principal cornerstones for democracy and political stability to thrive. The study recommended that the Electoral Commission of Ghana should continue to involve and connect all stakeholders on a regular basis, providing the information they require to partake fully in and appraise the electoral process.
The Electoral Commission of Ghana has achieved independence, professionalism and assertiveness with every successive election since 1992. In a nation-wide survey held in 2002, an overwhelming majority (80%) of an expert panel assessed the commission as ‘always or largely’ impartial and transparent in its activities (cited in Agyeman-Duah, 2005: 35).
The template for the electoral commissions in other jurisdictions including Ghana are not radically different from what obtains here in our dear country but we cannot say the same of the acceptability of the actions, inactions and output of the ‘INEC’. In those jurisdictions the outcome of the elections conducted by the electoral bodies are largely accepted as the statistics provided above show.
Recommendations
In doing this we must take cognizance of our very divisive nature owing largely to our ethnic, tribal and religious diversities which largely and often times inform our leanings. Whatever becomes a structure to be adopted for the electoral body should thus be one that would recognize this and make for checks and propagation of representation and trust in the system.
Is there a need for a restructuring or an amendment to the statute? (Of course any accepted recommendation would have to be reflected by an amendment).
I believe there is need to first of all amend the relevant sections of the Constitution and the Act with respect to the mode of appointment of the Chairman and Commissioners of the electoral umpire. Such appointment will remove to a large extent the incidences of unholy loyalty to the president and the ruling party.
I would suggest that a coalition of selected professional bodies take the responsibility of nominating one of their own, whose integrity and independent mindedness has been proven over time and whose appointment is to be approved by the President and the Senate.
Such approval could only be withheld upon verifiable allegation of incapacity of the nominated candidate. They should not only enjoy certainty of tenure but in addition the source of funding should be directly from the consolidated revenue fund.
There should essentially be a system where election results are electronically transmitted straight to a central collation centre. Accredited media houses should be allowed to transmit results live as they are released at the units and at the central collation centre.
In the light of the above, the recent announcement by ‘INEC’ that the results of the forthcoming gubernatorial elections in Ekiti State will be transmitted electronically deserves commendation. ‘INEC’ must show sincerity of purpose in the execution of this intention and must watch out with suspicion as politicians as we know them will already be devising ways of undoing not only the ‘INEC’ but ultimately the wishes of the people.
- Concluded
- Ezeh is a Partner at Legal Links Solicitors, Lagos. He can be reached via ufuomaezeh@gmail.com