…Say, ‘For electoral reform to work there must be mindset shift’
…President must be stripped of power to appoint INEC chairman – YIAGA Africa
Many Nigerians and concerned stakeholders have called for reforms in the country’s Electoral Act to ensure credible, free and fair elections come 2027. Many however, have said that no matter the level of reform in the electoral process, there would be no positive result without reforming the politicians.
The Nigerian politicians
The agitations have been further fuelled by the aftermath of the overwhelming judicial interventions in the outcome of the 2023 general election and the controversy that trailed the recent off-cycle elections in Nigeria.
Disappointed at the way polls have been handled by the Independent National Electoral Commission (INEC), stakeholders have faulted the existing electoral framework in the country, saying it could not guarantee credible election in the country.
Events in the last few months have made observers to make a rallying call for a review of some sections of the Electoral Act, 2022.
Indeed, the judiciary played a serious role in deciding the outcome of the 2023 election, conducted between February and March.
The Supreme Court had the final say in at least 15 governorship elections, as well as determining the winner of the keenly contested presidential poll.
This has led many Nigerians to worry about the state of the country’s democracy.
Ironically, while a significant number of Nigerians are resentful about the general conduct of the election, the INEC, has seemingly given itself a pass mark for a ‘good job’, taking the verdicts from the courts as its vindication.
After judgement was delivered in all cases in court, since no governor was removed from office, INEC had praised itself and stated that it was an indication that the 2023 general election was well-conducted.
Although some critics believe that the major problem is not electoral reform, but the human element around the nation’s electoral process.
They pointed fingers at the win-at-all-cost attitude of some politicians in the country, which they say was an issue that must be looked into.
Many Nigerians believe that the problem lies with the INEC and that the existing legal framework has loopholes that must be amended.
For these Nigerians, the loopholes in the 2022 Electoral Act have been exploited and that it must be checked to restore sanity to the electoral process.
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“What we have is a document that needs serious amendment; we saw how the court determined the outcome of 2023 elections and gave INEC the powers to even ignore the guideline it made for the elections.
“There are several sections of the Electoral Act that need clarification and amendment in line with the Supreme Court judgment last year; it is going to be serious crisis in 2027, if we don’t go back and amend the controversial sections of the Act,” Dokun Oluwani, a lawyer, said.
Valid questions have also been raised about the function or otherwise of the Bimodal Voter Accreditation System, (BVAS) and Election Result Viewing Portal (IREV), especially as it is used in recent polls.
The technologies, from all indications, have failed to curb over-voting with many polling units recording over-voting, leading to the demand for cancellation of results.
After last year’s general election, Yiaga Africa, one of the civil society organisations, CSOs, that observed the polls first-hand, described the poll as a missed opportunity to enhance electoral integrity as it failed to deliver deserved results.
The Nigerian Civil Society Situation Room, a coalition of over 70 CSOs that work to support credible election and good governance in the country, said generally, the preparation for 2023 general election as well as nomination campaign and other activities of political parties progressed without major hitches, nevertheless, it was the actual conduct of the election that significant challenges were experienced.
“The Situation Room called for more reforms and improvement in the electoral process to ensure that future elections in the country do not suffer further decline and that public confidence in the capacity of INEC to conduct elections is restored.”
Also, the European Mission Election Observation had stated that the 2023 election did not ensure a well-run transparent and inclusive democratic process as assured by the INEC.
“Public confidence and trust in INEC were severely damaged and were not restored in state-level elections.”
For these obvious reasons, however, many political scholars believe that ahead of the 2027 general elections and other off-circle polls, it is important to further review the Electoral Act 2022, especially Section 135(1), which states that “election shall not be nullified except there is substantial non-compliance.”
Although Nigerian politicians are known to circumvent the electoral process to favour themselves, observers say that impunity and lack of clear process to punish electoral offenders in the country have fuelled electoral fraud in Nigeria.
The observers also believe that the presence of strong electoral law and strong institutions would serve as a deterrent.
“I know the desperation to do anything to win election here by politicians is there, that is because the law is lose, because the electoral officials could easily be manipulated and bribed.
“For me, the Electoral Act needs amendment, several sections, if we do that and punish electoral offenders, I’m sure, these guys would have a rethink,” Shola Ogundimu, political analyst, said.
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Experts point way forward
Since the country returned to democratic rule in 1999 at the advent of the current Fourth Republic, Nigeria has always carried out one form of electoral reform or the other after every general election.
INEC and the National Assembly have often initiated these series of amendments in the country’s electoral law designed to address the flaws experienced in the previous elections.
However, as more reforms are introduced in the electoral process, efforts by political actors to circumvent the reform also intensify.
The 2023 election produced the most politically-diverse National Assembly, and several electoral upsets were recorded across states.
INEC failed on its promises in 2023
Although the INEC had given the assurance that results would be electronically transmitted from the polling units, there was the general conclusion that the election failed to meet public expectations due to several reasons ranging from operational inefficiencies, technological challenges, voter suppression, and non-compliance with electoral laws, amongst others.
The enactment of the Electoral Act 2022 was predicated on the belief that a new electoral legal framework would address the intractable problems of election manipulation, electoral impunity, operational inefficiencies and weak democratic institutions plaguing Nigeria’s electoral process.
The Act, widely adjudged as the most progressive electoral legislation in Nigeria’s recent history, produced positive outcomes in the last elections.
However, several loopholes were exposed during its first application in the 2023 general election.
These ambiguities were the grounds for extensive legal contests after the elections.
Some of these ambiguities include the uncertainty regarding the stage for comparing physical copies of results and electronically transmitted results. Also, the definition of “transmitted directly” or electronically transmitted is vague.
Many political observers have pointed the way forward for Nigeria’s electoral process and made a rallying call for a review of some sections of the Electoral Act, 2022 to check the confusion that trails the current process.
Okechukwu Ibeanu, former INEC Commissioner for South East and a special rapporteur for the United Nations Human Rights Council, said the way the country had approached the review of the Electoral Act in Nigeria was problematic.
He stated that the initiative should move more from the National Assembly determining what to change and what not to change to the election management body and the citizens.
According to him, “I think first of all, there should be a process ascertaining how the citizens of Nigeria feel about their laws and the things they want to change and then related to that is how the election management body thinks the laws have facilitated its work or encumbered it. It is from these two that we should determine what to change.
“Unfortunately, as it is now, it is for the National Assembly to determine what they will change. The problem with that is- the same people for whom the law is made are still the same people mending and tinkering with it.
“That is why we always have problems. In some countries, only the election management body can propose amendments to the electoral law.”
Jide Ojo, public affairs commentator, said there were areas of ambiguity in the Electoral Act that need urgent clarification and amendment before 2027.
“There are areas of ambiguity in the Electoral Act. For instance, the area that talks about the transfer and transmission of election results. Which one should be believed, transfer or transmission?
“Which one is more compelling for the commission to do so that there’ll be no ambivalence or ambiguity in the law. There should be certainty. That’s what I expected the National Assembly should do.”
He added: “There are also issues around electronic voting, issues around whether we should not have longer hours of voting or whether we should not have all of the elections in one day.
“So, there are those issues that could be dealt with administratively and those that need legal reforms.”
Also, the Inter-Party Advisory Council called on the leadership of the National Assembly to prioritise electoral reforms, particularly the review of the Electoral Act, 2022.”
IPAC National Chairman, Yusuf Dantalle, said the current Electoral Act does not provide sufficient sanctions for election offenders.
“Where there is no punishment, where there’s no deterrent, there’s no offence. So, punishment must be meted out to stop electoral offences.
“Where you have people do whatever they want to do against the electoral system and go away with it, it is unacceptable. People must be punished. On this note, I subscribe to the establishment of the electoral offences tribunal or commission,” Dantalle said.
President should not appoint INEC head, RECs – Yiaga Africa
For Yiaga Africa, a civil Society Organisation, CSO, part of the solution to electoral fraud in Nigeria and to reform the process was to remove the powers to appoint INEC chairman and states Resident Electoral Commission from the president.
The CSO noted that the position of INEC chairman and REC should be advertised and picked individuals should be screened by the National Assembly and other CSOs.
Samson Itodo, executive director of Yiaga Africa, lamented that the appointments had consistently been abused by successive leaders.
“We are seeking for the powers to appoint INEC chairman and states’ RECs to be taken from the president and the positions should be advertised and the National Assembly should be the organ that would screen anyone that is chosen,” he said.
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