In order to create a conducive forum for a meeting of minds on some burning electoral issues, an interactive retreat was organized for key functionaries of the Independent National Electoral Commission (INEC) and Select Committees of the National Assembly.
The Retreat, held at the Giginya Coral Hotel, Sokoto, was attended by the Chairman INEC, National Electoral Commissioners, Distinguished Senators and Honourable Members of the National Assembly, Secretary of INEC, key INEC Directors, representatives of some stakeholders and the support staff of INEC and the National Assembly.
The main objective of the Retreat was to extensively discuss issues relating to the mandate of INEC as touching:
(a) Preparations for Constituency Delimitation;
(b) INEC’s recommendations for amendment of the Constitution and the Electoral Act;
(c) INEC’s Strategic Plan; and
(d) The Permanent Voter Cards (PVCs)
Observations:
In the course of deliberations the Retreat applauded INEC for initiating efforts on improving the legal framework for electoral processes, review of Senatorial Districts and Constituencies as well as the AFIS and Permanent Voter Cards Project and came out with the following observations:
(a) Whereas one cannot change the Constitutional number of Senatorial Districts, Federal Constituencies and, to some extent, State Constituencies, one can ensure their re-distribution in a more equitable manner;
(b) That in order to achieve the full import of Section 71(1) of the Constitution, there is need to fully involve other key stakeholders such as political parties, the civil society and traditional institutions not only to sensitize the populace, but also to gather their input;
(c) That there is need to especially sensitize and allay the fears of traditional rulers who may be jittery that their domain or part of it, may be excised and taken elsewhere in the course of review of the Senatorial Districts and Constituencies;
(d) That in applying international best practice on delimitation there is need, to note the difference between the US and Nigerian Federal Systems and therefore take due cognisance of traditional and other natural domestic factors, in view of the peculiarities of the Nigerian socio-political environment;
(e) That though the planned review of Senatorial Districts and Constituencies is political, both INEC and the National Assembly owe it as a national duty to carry it out detached from politics as much as possible;
(f) That whereas INEC has the constitutional and legal powers to, from time to time, undertake review of Senatorial Districts as well as review and redistribute Federal and State Constituencies, in line with the extant laws, this is subject to approval by the National Assembly.
(g) That whereas INEC’s powers to create and review Senatorial Districts and Constituencies are subject to the ratification of the National Assembly, the Commission’s power to create polling units is absolute and therefore should be exercised in a most equitable manner which would be most convenient to the voters;
(h) That in view of the planned national headcount in 2016, both INEC and the National Assembly should be bold enough to do what needs to be done concerning delimitation, without any fear of contradiction, since a new census often comes with new challenges and issues;
(i) That whereas the idea of a legislative action on affirmative for women is necessary, it should not be done in such a way as to encourage complacency and the lowering of standards; and
(j) That INEC should take cognisance of the fact that considerable logistics would be involved in the distribution of the permanent voter cards to registered voters.
3. Also, in the course of the presentations and deliberation, the Retreat made the following recommendations:
(a) Both INEC and the National Assembly should consult widely with other stakeholders as a key component of the exercise;
(b) That details of census data to be used for Delimitation as well as criteria and guidelines should be made widely available within the public domain;
(c) Relevant Committees of the National Assembly should be involved in INEC capacity-building programmes so that members would be adequately apprised of the exercise of legislating and appropriating on the Commission’s programmes and activities;
(d) INEC should drive the Nigerian electoral process by not only making proposals and submissions to the National Assembly on its programmes and activities, but also ensuring that there is follow up action on such proposals or submissions; this INEC could do by close liaison with the Chairmen of the relevant committees of the National Assembly;
(e) The participants expressed excitement at the prospect of the introduction of card readers in the accreditation process, which they believed would make future elections more credible. They therefore endorsed the plan of INEC to use card readers in the 2015 General Elections;
(f) INEC should develop stronger structures at the local Government Area level to further assert its independence and to avoid depending on Local Government facilities;
(g) As difficult as it might appear to be in enforcement, there is still an overwhelming need for a strong legislation to control political finance and campaign funds; the fear that such a law would be unenforceable and defeatist should therefore not be an excuse not to initiate action in that regard;
(h) The Retreat commended INEC for doing a thorough job on recommendations for Constitutional and Legal Amendments but however recommended that for the amendment to be effected before 2015 the Commission should carry along the leadership of the relevant committees of the National Assembly. It was also recommended that the National Assembly should, as a national duty, expedite action on the amendment of the Constitution and the Electoral Act, especially as touching the following areas:
(i) Operational Independence
Sections 158(3); 76(1); 116(1); 132(1) and 178(1);
(ii) Notification of Vacancy in the National or State Assembly;
Sections 68; 109; 76(2) and 116(2);
(iii) Rights to Disqualify candidates:
Sections 65, 66, 106, 107, 131, 137, 177 and 182;
(iv) Voting by Nigerians in the Diaspora:
Sections 77(2) and 117(2);
(v) Access to Ballot by Political Parties:
Electoral Act 2010
(vi) The issue of valid votes:
Sections 134 and 179
(vii) Electoral Offences Commission
Section 150(2);
(viii) Electoral Offences Tribunal:
Under The Electoral Act:
– Secretary of INEC: Section 8;
– Transfer of Voters: Section 13
– Issuance of Duplicate Voter Cards: Section 18(1)
– Days of Election: Section 25
– Oath of Neutrality and List of Candidates/polling Agents: Sections 28, 30(3), 31(1), (6) and (7), 21, 33, 45, 48, 49, 50, 52, 54, 55 and 60;
– Access to Polling Document: Section 77
– Nomination of Candidates/Pre-election matters:
Section 87;
– Financial Contribution to political parties: Section 90
– Use of Public Media: Section 100
– Permanent incapacity of Chairman or Vice Chairman of Area Council: Section 189 of the Constitution and Introduction into the Electoral Act of new Sections 116 and 117;
– Sanctions Against Election Officials: Sections 123
– Electoral Officer as Respondent: Paragraph 51(1) of Schedule of the Electoral Act; among others
(j) The Retreat described the INEC Strategic Plan as a job well done, adding that it showed the country’s Electoral Process as being improved upon.
4. Emergent Issues
In the course of presentations and deliberations, a number of issues emerged which were not initially contemplated as part of the agenda of the retreat. Such issues include:
(a) Number of State Constituencies:
A suggestion was put forward for INEC to initiate a process whereby issues like the number of Local Government Areas and State Constituencies should be left in the hands of State Governments. But INEC carefully explained that such issues were beyond its brief;
(b) Poor Voter Turnout at Election:
The retreat noted with concern the rather poor turnout of voters in recent elections, especially in the just concluded FCT Area Council polls and stressed the need for all stakeholders to engage in voter sensitization to ensure improved voter turn out in subsequent polls;
(c) Supplementary Budgeted for INEC:
The Retreat emphasized the need for a supplementary appropriation to enable INEC to conclude its permanent voter cards project and carry out other pressing programmes, timeously, so that they could be used for the 2015 General Elections; the Hon. Chairman, INEC however promised to take the matter to the Commission for a final decision;
(d) Simultaneous Accreditation and Voting:
With the envisaged introduction of automated voter identification and authentication through the use of ‘live’ voter cards, a suggestion was put forward that, INEC should adopt a process of simultaneous accreditation of voters and voting to save time and make the process less stressful; The Hon. Chairman, INEC, also promised to take the matter to the Commission for deliberation;
(e) INEC and Local Government Elections:
A suggestion was also put forwarded for INEC to initiate a process of taking over the conduct of Local Government Elections in view of the disappointing performance of State Independent Electoral Commissions. The Hon. Chairman, INEC explained that the Commission would respect the federal structure as entrenched in the grundnorm and other extant laws.
However, he added that the Commission would live up to the billings if the Constitution and the Electoral Act were amended and such mandate transferred to INEC.
The Retreat resolved that more of such interactive fora would be facilitated to ensure a smooth and effective collaboration between INEC and the National Assembly for the development of the country’s electoral process.
Prof. Attahiru M. Jega, OFR Hon. Jerry Manwe
Hon. Chairman, INEC Chairman House Committee on Electoral Matters
18th April, 2013 18th April, 2013
Prof. Olusola Adeyeye
for: Chairman, Senate Committee on INEC
18th April, 2013