| ROAD MAP TO 2007 ELECTIONS Roadmap drawn in Abuja this 26th day of August 2005 during Global Rights Conference on Elections 2007: Defending the People Mandate It is less than two years to the 2007 elections on which the future of electoral democracy or its survival depends. It thus means that what happens in the several arenas and domains such as constitutional reform, the reform of the electoral law, the engagement of civil society with civic and political education, and the behaviour of the key actors among the political class by the end of 2005 will mar or make Nigeria democracy. It is in this context that the issue of Road Map to 2007 becomes an important issue that should unite all the stakeholders in Nigeria democracy. The broad question to pose is: what do we envisage to happen in the areas of constitutional reform, the Electoral Act, voter registration, the judiciary, and the security agencies? What are the benchmarks? And how are the stakeholders expected to coordinate actions and activities to ensure that thes happen in the interest of consolidating Nigeria democracy? However, a realistic Roadmap to the 2007 elections must begin with an appreciation of what has happened in respect of each of the issues discussed below. CONSTITUTIONAL REVIEW Following the 2003 elections, INEC conducted a review of the elections and the challenges of consolidating Nigeria electoral democracy. It emerged from the review that INEC itself and its constitutional status as a supposedly independent body is a huge problem. On the basis of changes envisaged to strengthen the electoral process, a two-track strategy was developed: one, to pursue the review of the constitutional provisions that relate directly to INEC and the electoral process; and two, to pursue a holistic review of the Electoral Act bearing in mind the lapses in the 2003 elections. So far, INEC has not prioritized the submission of its recommendations for constitutional amendment to the National Assembly, and appears to be committed to the second option. The immediate challenge confronting all the stakeholders is to be realistic about the desirable changes that will guarantee a credible election in 2007, which, of necessity, includes the review of the Constitution. There is an opening to engage this process and make the review of the constitution possible at least by the first quarter of 2006. Even if a comprehensive review of the 1999 Constitution cannot be achieved, the following critical areas should be isolated for review: 1. The amendment of Section 156 of the Constitution to ensure that qualification for membership of INEC does not include membership of a political party since the prescribed qualification, which is the same as that of a person seeking election into the House of Representatives implies (as in Section 65 of the Constitution) membership of a political party. 2. Provision should be made for Independent Candidacy by deleting Section of the Constitution that stipulates that only political parties can sponsor candidates for elections. 3. The de-listing of INEC from federal executive bodies, to ensure that members are not appointed by the president may require an amendment to Section 156 (1) (a). 4. A non-partisan and independent INEC to be openly and transparently appointed with men of integrity will enhance better the credibility of the electoral system. A similar amendment is required in Section 200 in respect of the State Independent Electoral Commission (SIECS). 5. As a means of enhancing its autonomy, the funding of INEC should come from the Consolidated Revenue of the Federation. The implication is that appropriation power should reside in the National Assembly. 6. Exclusive powers of the Election Tribunals: Section 285 confers on Election Tribunals exclusive jurisdiction to determine whether the term of any member of the National Assembly has ceased. There is need for an amendment to make this power concurrent in the Tribunals and the regular courts. The amendment required is in respect of Section 285 (b). 7. Amendment of the relevant section of the Constitution which makes it impossible to provide time limit for judicial decision to exclude electoral cases. This would make it possible for election cases to be concluded before the swearing-in of elected candidates. 8. The amendment of the constitution to provide clear and unambiguous position on campaign financing, and adequate and appropriate punishment for violation. THE ELECTORAL ACT The 2004 Draft Electoral Bill represents an improvement over the 2002 Electoral Act. Nevertheless, there are important provisions that should be included in the proposed Act as part of a realistic roadmap to the 2007 elections. The following areas are considered important: 1. The time frame for hearing elections petitions need to be specified since the amendment of the relevant section of the Constitution that makes setting a time frame impossible is proposed for amendment. 2. The law should emphasize the substance of the petition rather than technicalities. 3. INEC should not be given the power to register political parties since this conflicts with the freedom of association provided in the Constitution. The role of INEC should be limited to administrative recognition. 4. Result of all elections should be announced in a central and designated place, to avert confusion as to winners and losers. 5. The ballot paper for every election should reflect the symbols of political parties that are fielding candidates for the particular election, rather than having all the political parties on the ballot paper. This would minimize confusion for illiterate voters. 6. With respect to political party finance, ceiling on campaign finances should be put at a reasonable level - taking cognizance of the inflationary trend in Nigeria. 7. The law should empower citizens to seek judicial intervention in relation to outcome of elections. For now, only political parties and candidates in elections have the locus to seek legal redress. In other words, public interest litigation on electoral matters must be respected and given the necessary judicial recognition. 8. The language of the Electoral Bill 2004 is too technical and should be made simpler and accessible to a wider readership that is not necessarily limited to those with knowledge of the law. 9. The need for spacing and staggering of elections to avoid feverish campaigns associated with elections. Voter Registration The registration of voters is considered as one important level at which preparation for rigging and associated electoral frauds begin. Citizens therefore believe that compilation of Voter Register and continuous updating of the register needs to be closely monitored. It should ensure that names of the dead should be deleted, while those who attained the voting age after the previous exercise would be registered. Similarly, those who have relocated as a result of the numerous ethno-religious and communal conflicts, or simply changed residence can have their names in the register. The following need to be addressed to make the 2007 elections credible: 1. Although the 2004 Draft Electoral Electoral Bill provides for continuous registration and updating of the Voter Register, INEC is called upon to embrak on a fresh compilation of Voter Register because the present one contains too many fictitious names, excludes many eligible voters, and does not provide a credible basis for review. 2. Early commencement of this would allow for the display of Voter Register to enable claims and objections to be made in good time. Display can be on the internet and all the local government headquarters, and should be made available to political parties and election observers. 3. Thereafter continuous registration should be vigorously pursued. 4. INEC should embark on a comprehensive mapping of all constituencies affected by massive population movement as a result of ethno-religious and sectarian conflicts. 5. The entire process of Voter Registration should be closely monitored by civil society groups. The Ballot: Electronic or Paper The success of the 2007 will be determined by reaching an early decision on the basis of consensus among the stakeholders on the form of the ballot: electronic or paper. Against the backdrop of the 2003 elections and the concern about defending the Peoples Mandate in the 2007 elections, the system of voting and transmission of results adopted by INEC has become a central issue of concern. The level of rigging and manipulation of results clearly show the extent to which the present ballot system is open to abuse and manipulation as demonstrated by stuffing of ballot boxes, snatching of ballot boxes and other vital election materials and inflation of votes by electoral officers. This concern has given rise to discussions and debates about alternative system of voting, especially the possibility of adopting Electronic Voting System (EVS). But there are fears however, that we may be in transition from competitive rigging to digitalized rigging. At the recent Election Stakeholders Forum organized by INEC, its Chairman, Professor Maurice Iwu, formally announced the adoption of EVS. However, there are concerns and fears about this alternative that needs to be examined and debated. The rush with it has been adopted raises some level of concern and appears to be some kind of imposition rather than a product of mutual consensus of all stakeholders that should follow a thorough examination of the advantages and disadvantages of the EVS. For instance, although EVS is widely touted as the answer to the electoral malpractices alluded to earlier, it became an important issue of public discourse when the Presidency invited an Indian company that has presumably been awarded the contract to demonstrate the working of the EVS at the recently concluded National Political Reform Conference (NPRC). Despite the fact that it was not exhaustively discussed at the NPRC, it features as one of the key recommendations of the Conference in respect of the review of the electoral system. And while the National Assembly is yet to debate the reports of the Conference, INEC in an air of finality has announced the adoption of the EVS. True, the debates generated by the issue of adopting the EVS in the zonal consultations show that it could be the antidote to the several forms of electoral malfeasance that undermine the sanctity of votes and the legitimacy of governments at all levels. EVS has been successfully used in India for her millions of voters but after it had been tried for about 20 years[1]. Brazil adopted it in 1996 and in the 1998 general elections, it was used by her over 60 million voters (57% of the total voters) to vote in local, state and national elections. The voter uses and electronic voting device that, for each office, displays the choices and prompts him/her for his/her vote. In France, Germany, the United States and other developed democracies, electronic voting is widely in use. However, as successful as it is acclaimed, there are problems associated with the usage of electronic voting system. Despite all the factor advantages in these democracies including relative technological advancement, high literacy level and civic consciousness of the electorates, it has not succeeded in eliminating all elements of electoral frauds capable of undermining the credibility of electoral democracy. In the United States of America, for example, it is among others, a source of low level of public confidence in electoral democracy. In the 2000 presidential elections, its weaknesses were manifested in Miame-Dade County, Florida. As a result of the frustration that accompanied the open ridicule of America electoral democracy, an election officer out rightly recommended ditching the ATM-style voting machine three years after they were purchased for $24.5 million.[2] The consultations show that citizens support the introduction of EVS, while bearing in mind the weaknesses. But given the profound fears that adequate preparations would not have been made for the successful use of the EVS, and, indeed, the possibility of a transition from competitive rigging as witnessed in the 2003 elections to digitalized rigging in 2007, the following need to be considered: 1. EVS needs to be test run in smaller, bye-elections over a period of time to come to grips with the challenges of adopting it for nation-wide elections. The realities of high level of literacy, and the practical difficulty of producing electronic machines for all the polling stations between now and the 2007 elections make this the path to thread. 2. The 2007 elections should be conducted with the ballot paper, but with better preparations in terms of movement of materials. A comprehensive planning and mapping of strategy is therefore called for. 3. The ballot paper system can be complimented with the use of interactive voter register, biometric electronic validation system, and electronic recording and result transmitting system. This means that Electronic Voting can be introduced with time as suggested above. Civic and Voter Education Civic and Voter education is central to the success of the 2007 elections, and should be accorded priority in the roadmap to 2007 elections. The problem with voter and civic education in the 2003 elections was that it came to close to the elections and therefore too late. In the interest of electoral democracy and defending the Peoples Mandate, voter and civic education should commence immediately. Political parties, civil society organizations, the National Orientation Agency, and Nigeria development partners are expected to develop a synergetic approach to the issue in the next civic and voter education. Between now and the 2007 elections, it is important that: 1. Massive civic and voter education is embarked upon on a continuous basis by civil society organizations, NOA, INEC and the political parties. 2. The different institutions in the society, including religious institutions should be mobilized to teach the correct moral values. 3. Citizens should be educated to adopt non-violent means in defending their mandate. 4. It should focus on mobilizing, educating and conscientizing the citizenry about the danger of ethnic and religious politics. The Judiciary The role of the judiciary in promoting electoral justice will determine the credibility of the 2007 elections. This is even more so if the path of non-violence is to be pursued to its logical conclusion. Unfortunately, the role of the judiciary in the handling of electoral petitions in the past has further reduced public confidence in the electoral process. The consultations in the zones brought out four major areas in which the judiciary has exacerbated the problem of defending the Peoples Mandate. First, is the inconsistency of the judiciary with respect to the standard of proof required in reaching judicial decisions on election petitions. While the electoral law requires proof beyond reasonable doubt which is the standard in criminal laws, there are instances in which election cases have been determined on the basis of balance of probabilities and substantial compliance. This then raises the dilemma as to whether electoral offences are criminal or civil in nature. It also raises the possibility of different courts arriving at different judgment on the same election case. Second, many election petitions are thrown out on technical grounds. Third, there is undue delay in the handling of election petitions such that many cases are decided when mid-way into the tenure of office for which adjudication is required. Fourth, is the question of independence of Elections Petition Tribunals at the state level since the judges are appointed by the State Governors. Against this background, there was a general concern than being the last resort for justice for the citizens, the judiciary has become an instrument in the hands of the state and those in power for the manipulation of electoral outcomes. Given the concern that free and fair elections should not in any way tolerate judicial injustice, and that judicial intervention has not helped on curbing electoral malpractices in Nigeria, the roadmap to 2007 must include a fundamental reform of the framework for judicial intervention in the electoral process. It is proposed that: 1. The underlying objective of judicial intervention in the electoral process should be clearly stated as facilitating the ascertainment of the will of the electorate expressed in a free, fair, open and competitive elections. 2. On the basis of this, election and election related disputes must be speedily adjudicated upon devoid of strict adherence to legal technicalities. 3. There should be a clarification regarding the status of electoral offences to ensure a standardized approach. In other words, the law must be specific on election matters, particularly on the issue of “substantial compliance, “proof beyond reasonable doubt, which are very critical in the dispensation of justice with respect to electoral matters. 4. There is need to engage the judiciary on electoral issues and the conduct of election tribunals in the period leading to the 2007 elections. 5. The number of election tribunals should be increased to hasten the process of dispensation of justice and avoid the anomalous situations in which candidates duly elected are denied justice half way into the tenure of the office into which he/she was elected. 6. The judiciary needs to be properly equipped to cope with the challenge of electoral justice in an accelerated manner. Security Agencies The evidence from all the zonal consultations shows that security agencies aided and abetted rigging in the 2003 elections. This is raises a fundamental concern about the security in the 2007 elections. In some zones of the country, it was alleged that terror and fear unleashed by security agents kept a substantial number of voters away from polling stations. In some places, security personnel were alleged to have master minded the snatching of ballot boxes and provided security cover for those who perpetrated electoral fraud at other levels. Against the backdrop of the experience of the 2003 elections, the NPRC proposed the setting up of an “electoral force for the conduct of elections. While the role of the security forces must be clearly spelt out in the electoral law, it is important that as we prepare for the 2007 elections: 1. The Police Service Commission and CSOs should carry out intensive training for the Police regarding their role in elections as experience has shown that they overlook obvious electoral offences, or get involved themselves. 2. Soldiers should not be used for the purpose of providing security during elections. 3. There should be strategic and coordinated deployment of security forces to avoid a situation of disproportionality whereby more security personnel are concentrated in low density areas, while a fewer number cover high density areas. 4. Security personnel on election duties must be strictly guided by the principle of neutrality. 5. Security for the 2007 must be carefully planned, coordinated and closely monitored with INEC, civil society and all the stakeholders. [1] Abdulkareem Baba Aminu A High-Tech Recipe for Electoral Chaos Weekly Trust, August 13-19, 2005 [2] Ibid. |
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ROAD MAP TO 2007 ELECTIONS
Written by Administrator
Wednesday, 05 March 2008 07:50
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