Independent National Electoral Commission (INEC) Chairman Prof. Attahiru Jega stirred the hornet’s nest last week when he unveiled additional polling units. The exercise is generating heat, some alleging that it is designed to favour the North to the South’s detriment. It has also brought Jega’s integrity to question. Is he compromised? Should he be sacked as demanded by his critics? Lawyers weigh in with their views, reports ADEBISI ONANUGA.
The Independent National Electoral Commission (INEC) Chairman, Prof Attahiru Jega, came under fire last week when he announced the creation of additional 30,027 polling units nationwide ahead of the 2015 elections. At a news conference in Abuja, Jega said INEC’s decision to re-configure polling units and create additional ones was driven by Nigerians’ collective aspirations to reform and improve upon the electoral process for free, fair, peaceful and credible elections in 2015 and beyond.
“There is no sectional or parochial agenda in this decision,” he said.
According to him, the commission used the “2011 post-Automated Fingerprint Identification Software (AFIS) voter register figure of about 70,383,427; and, based on a figure of 500 voters per polling unit, there should be, at least 140,000 polling units in the country.”
He added that from the exercise, “there is no political advantage to any individual or any party or any region.” It is to ease voters’ access to the ballot box in 2015 and beyond; decongest over-crowded polling units and distribute voters evenly.
More polling units, Jega said, would also reduce voters’ stress in walking long distances to cast their ballot as movement is usually restricted on election day.
According to him, some polling units in front of private homes were also relocated; some are to be located inside classrooms or such other suitable enclosures, in line with international best practices; splitting large polling units such that they have an average of 500 registered voters; and creating additional polling units to cater for new settlements not serviced by any existing ones.
The creation of the additional units, based on the powers conferred on INEC by the 2010 Electoral Act, has brought the number of polling units in the country to 150,000. The law states that no polling unit shall have more than 500 voters, compared to past experiences where registered voters in a polling unit are sometimes over 1,000.
How the new polling units are allocated
A breakdown of the polling units, based on the six geopolitical zones, showed that the commission would allocate 21,615 polling units to the North and 8, 414 to the South. The total figures as further broken down per geopolitical zone are as follows: Northwest, 7,909 polling units; Northcentral, 6, 318; Northeast, 5,291; Southwest, 4,160; Southsouth, 3,087; and Southeast 1,167.
The Federal Capital Territory (FCT) will get 1,120 polling units. When broken down further, it showed that Lagos got 2,870, increasing the polling centres in the state to 11,565. Kano came second with 2,053 polling units to bring its number to 9,809. Kaduna got additional 2,878 polling units, bringing the state’s total to 7,878; Bayelsa got 121 polling units, bringing its number to 1,925.
Criticisms
Since the announcement, Jega and the commission have come under strident criticisms, with some questioning his integrity and calling for his sack. There are complaints that the newly created polling units favoured the three political zones in the North.
The critics are worried about the timing of the exercise as they suspect that it could be part of a purported design to undermine the South’s chances in next year’s election.
The Middle-Belt Justice Forun For A Stable United Nigeria, in an advertorial, dissociated its people from the arrangement. In what it called “INEC’S divide and rule (21,000) polling units for North,” the group said it would not be party to a political plot that will “enslave and decimate our people anymore.”
Southern elders said Jega has lost his credibility. They called for his removal, saying he was biased in proposing the polling units. The elders, under the umbrella of the Southern Nigeria Peoples Assembly, queried the rationale behind increasing the polling centres when the number of registered voters has reduced from 70 million to 57 million.
The pan-Yoruba socio-political group, Afenifere, also rejected the additional 30,000 polling units barely five months to the general elections. They have passed “a vote of no confidence” in Jega over his ability to conduct a free and fair election next year.
Its spokesman, Yinka Odumakin said “the imbalance in the distribution is unacceptable.”
“A war ravaged Northeast where people are fleeing was allocated 5,201 new polling units while the entire Southwest, which is brimming with people, is allocated only 4,160 additional polling units. The entire Southeast was allocated 1,166 new units while FCT alone was allocated 1, 200 units. We do not know of any country in the world where you would change electoral law one year to the election, not to talk of creating additional polling units six months to the election,” the group said.
But Jega defended his integrity, saying he is not a religious or ethnic jingoist. The need factor, rather than political, he stressed, necessitated the planned distribution of the polling units.
Jega noted that the criticisms were unjustified, as the initiative was aimed at developing the country. He told reporters that the units would not give political advantage to anybody or group.
Jega faulted the critics for focusing on the planned 150,000 polling units rather than considering their distribution.
According to him, under the current 120,000 polling units, some states have more polling centres than they should have.
He noted that it was regrettable that people viewed every national action with suspicion.
“INEC’s decision to re-configure the structure of polling units and create additional ones is driven by our collective aspirations as Nigerians to reform and improve upon the electoral process for free, fair, peaceful and credible elections next year and beyond. There is no sectional or parochial agenda in this decision and there will never be any such agenda under this commission,” he said.
Analysts are questioning INEC’s credibility as an umpire in future elections. Their questions are: Are new polling units needed when the number of registered voters is dropping? Who are those going to use the new polling units where people are leaving in droves from, such as in the North? Is the sharing of the new polling units in line with federal character? Is the INEC chairman acting a script? Has Jega, a man known for his integrity, been compromised? Is the clamour for his sack justified?
Observers are worried about the development and are watching whether Jega would shift ground.
The Imo State House of Assembly said the creation of the 30,000 polling units was intended to give undue political advantage to the North. In a motion sponsored by the member representing Isiala Mbano Constituency, Simeon Iwunze, and supported by all members, the lawmakers rejected the additional polling units.
The House, which resumed sitting after three months’ recess, called on the Federal Government to prevail on INEC to stop the ongoing review of the voters’ register in the state and distribution of the Permanent Voter’s Cards (PVCs) till the polling units were adequately distributed among states, according to the number of registered voters.
Lawyers weigh in
Lawyers, especially those versed in electoral laws, are expressing divergent views.
Those who spoke include University of Lagos (UNILAG) law teacher and public commentator Wahab Shittu; Constitutional lawyer Ike Ofuokwu; Lagos lawyer Mr Emeka Nwadioke, Abayomi Omoyinmi, Ikechukwu Ikeji and Yemi Omodele.
Nwadioke agreed that the creation of additional polling units seemed an after-thought, having not featured in any of the earlier commitments of INEC towards credible elections.
Nwadioke admitted not being in a position to determine whether Jega has been compromised. To him, the distribution of polling units should not have been done through federal character. He saw it as “essentially an operational issue” which must however, be done with utmost transparency.
According to him, the controversy also begs the question as to whether the political parties were carried along in the run-up to this action.
To him, it is difficult to determine the utility of the new polling units in the absence of credible data. He argued that in climes where public institutions are more predictable, perhaps Prof. Jega would have been accorded some degree of good faith.
Omoyinmi , a member of Ogun State Judicial Service Commission, disagreed with critics of the newly created polling units. He said there is no indication so far that Jega has any ulterior motive and no one is able to prove otherwise thus far. The numbers of registered voters cannot be said to be dropping in view of the fact that so many voters, who were below the voting age in last election election, would obviously be qualified to vote this time around. He said where polling units are created in line with population of eligible voters, which is clear from the past figures that the north has more registered voters than the south, this may have justified Jega’s reason for the creation of new and more polling units in the North and same would ever be controversial even if done in utmost good faith.
Omoyinmi recalled that it was not long ago after the election of Ekiti and Osun that Jega was given thumbs-up for jobs well done regardless of the polling units available to voters. He said what was important is the credibility in the conduct of the election. Jega, according to him, has given explanation to the world in response to the suspicion about the creation of the additional polling units in preparartion for the 2015 general election. There is no indication so far that he, Jega, has any ulterior motive; and no one is able to prove otherwise thus far.
The numbers of registered voters cannot be said to be dropping in view of the fact that so many voters who were below the voting age in last election election would obviously be qualified to vote this time around.
Shittu and others however, feel different on the matter. To Shittu, INEC ought to avoid needless controversy and suspicions ahead of the 2015. According to him, there is need for INEC to tread softly on the creation of additional polling units. He said whatever the merits of INEC’s arguments with reference to decongesting the polling units and easing the logistics and challenges ahead of the elections, the move is controversial for several reasons.
“Some may consider the move as allegedly an attempt to give the North a political advantage over the South in view of the breakdown of the poliing units involved. Secondly, the introduction of the automated finger identification system by INEC is intended to drastically rduced the incidence of ghost voters, therebyaddressing the issue of congestion of voters.
Thirdly, the number of registerd voters is now reduced fdrom 73million to 57 million. Therefore how can a reduced voter strtength of 57 million require more polling units of 150,000 as against 119, 973 polling units which previously covered 73 million registered voters. Fourthly, there is no justification for increasing the polling units in the North East whre there is rising incidence of Boko Haram insurgency as against zones in the south where the political climate is relatively stable,” he said.
Ofuokwu said there can be no justification for this impunity which even members of the commission from other zones find strange and curious. “If the truth must be told Prof Attahiru Jega has outlived his usefulness (if any) in INEC. He has requested for and gotten so much more than any of his predecessors have gotten, yet with little to show for it and without been challenged by anyone. He has been given so much freedom and independence by this administration. This step of creating additional polling units at a time when the numbers of registered voters has dropped is arbitrary and an impunity designed to achieve a northern agenda. It is a well known fact that the INEC chairman is a well known apostle of a clear agenda to favour the North,” he said.
Ikechukwu Ikeji said there is no need for additional polling units at this time, “and if indeed it becomes so imperative to establish more units, they ought to be shared at least as equally as possible not the present situation where 80 per cent of new units have been dished out to the northern part of Nigeria.
“It is no surprise that even the middle belt people, people from the north central zone, have come out to condemn and reject the new structure even where they were beneficiaries of the skewed distribution. “One is at a loss as to the real reasons why INEC did what they did since additional polling units should always be a function of increase in population or intervening exigencies based on human population. Geographical size without human beings cannot be a justifiable ground to create additional polling units”, he stated.
Ikeji cannot say for sure if Jega has been compromised or not. “Compromise happens in the dark, but its effects are seen in the actions of the affected person. So, while there may not be evidence of compromise, there are reasons to suspect it.
“We should all be vigilant and careful. The call for his sack is justified although it may not be exigent given the extent of the preparations for the elections in which he, Jega, is a central figure. He just needs to be called to order and pressure put on him to rescind his new polling units programme,” he said.
Lagos lawyer, Yemi Omodele, said Jega is an appointee of the PDP government, who takes instructions from the government of the day directly or indirectly.
“He professes what his masters want. He cannot bite the fingers that feeds him. He wants the incumbent to be returned in 2015 elections and as a political scientist he is strategising ahead of the deal day. He wants a situation whereby the opposition is weak at their strong holds, particularly the northern part of the country, hence, he segregationally and discriminatoril y created poling units.
To him, “Jega is from the North, therefore, his decision to create more polling units in the North is to favour his brothers and sisters and his region. It is unfair. He should have done the creation equally without fair or favour on all parts/regions or geo-political zones in Nigeria,” he said.
The way out
Ikeji said it is clear that Jega is playing out a predetermined script but for whom is not yet clear. He should be scrutinised closely to understand where he is heading because his latest actions are unpopular and clearly tilted in favour of a particular region, a region that is desperately bent on regaining presidential power by all means, even violently. “The sharing of the new polling units is clearly against the principle of federal character, which requires the diversities of Nigeria to be taken into cognisance in the distribution of positions and sundry benefits and burdens. This is the intendment of Section 14 (3) of the Constitution of Nigeria 1999, as amended.
“So, while there may not be evidence of compromise, there are reasons to suspect it. We should all be vigilant and careful. The call for his sack is justified although it may not be exigent given the extent of the preparations for the elections in which he, Jega, is a central figure. He just needs to be called to order and pressure put on him to rescind his new polling units programme,” he advised.
Nwadioke said this is one case that Jega must clearly address with facts and figures in order to lay to rest the demons unleashed by these grievous charges and assuage the concerns of his critics. “Otherwise, the 2015 Elections would have been severely compromised by a huge credibility deficit even before the first ballot is cast. Jega has a duty to save Nigeria such odious prospect,” he said.
Omodele said Jega should have had a wider consultations before jumping into conclusion.
“He should be careful with his autrances, decisions and polices. His decision in creating more poling units may lead to uproar and confusion. I advise him to hear the voice of the masses and not otherwise.
“I also state that if he has intergrete, he should resign where and when his appiontors are dictating for him. I say Jega should go. He pretends like a saint, but he is not so though he has made some imparts in the political history of Nigeria. However, he is not perfect. He is not intelligent more than the entire country,” he said.
Said Shittu: “Jega may be lacking in integrity, but the sensibilities and consciousness of Nigerians across the geo-political zones must be recognised and respected.”
Ofuokwu added: “I expected Jega to be able to appreciate what a vote of no confidence implies and throw in the towel. His northernisation agenda of the top hierarchy of the commission is enough damage that would take years to correct. If the President does not do away with Jega then Jega will do away with him sooner than expected. He should be sacked without delay for bringing the commission to disrepute.”
