THE POSITION OF FORUM OF STATE INDEPENDENT ELECTORAL
COMMISSIONS OF NIGERIAN (FOSIECON) ON ELECTORAL REFORMS
The above subject matter refers, please.
2. The State Independent Electoral Commissions of Nigeria were created by Section 197 (1) of the 1999 Constitution of the Federal Republic of Nigeria. The State Independent Electoral Commissions of Nigeria hereinafter referred to as “The Commission” have since their creation justified their existence by successfully conducting Free and Fair bye elections in Wards and Local Governments where vacancies existed prior to year 2003, as well as referenda for the creation of proposed Local Government Areas. The Commissions equally conducted general elections at the Local Government level in March 2004 which elections were acclaimed to he largely free and fair by Local and International Observers who monitored the elections. The Chairmen and Councillors returned from those exercises functioned properly at the Local Government levels in 35 States of the Federation in fulfillment of the provisions of the Constitution.
3. The concept of State Electoral bodies is not a novelty in Nigeria. As far back as 1950s upon the introduction of Federalism in Nigeria, regional electoral bodies were solely responsible for conducting all regional elections. The 1979 Constitution made
provision for the State Electoral Commission which were duly established by many states; Kaduna, Imo etc Section 197 and the Third schedule Part 1 (1) of the 1979 Constitution created Slate Independent Electoral Commissions in Nigeria and vested it with responsibilities which include organizing and supervising the conduct of Local Government council Elections.
4. The performance of S. I. E. Cs in the March 2004 Local Government Elections has endeared them in the minds of the people at the grassroot level. It will, therefore not be in the interest of the people and the nation at large to dispense with the services of the Commissions which are veritable instrument of Federalism. In addition, SIECs have extended representation to the people through the delineation and creation of electoral wards through certain definable and ascertainable criteria which were obviously lacking in the past. It is further submitted that the State Independent Electoral Commission relate directly with the grassroot and it is easier for them to understand their local terrain and function better than Independent National Electoral Commission. it is therefore not surprising that the Local Government Elections conducted by the States Independent Electoral Commissions did not generate as much controversy and election petitions as that conducted by Independent National Electoral Commission.
5. It is our humble opinion that any electoral reform in this country must recognise at least two important facts.
(a) Nigeria as a Federation
(b) Total Independence of the electoral bodies.
6. All over the world where Federal systems are operated it is the Local or Counties governments that conduct elections at all levels. Our case in point is the United States of America where very important subjects especially elections are left to the counties with close monitoring and funding from the Federal or National Electoral Body. Hence, the counties government is responsible for all elections from the Presidential to the Senate, House of Representatives, States and Counties elections. What is paramount to the Americans is not which executive arm of the government conducts the election but rather to ensure Accountability openness and transparency of the electoral process.
7. In order to achieve the above mentioned , by a partisan or non partisan often called the third party monitoring system of sensitive electoral procedure is put in place to guard against electoral fraud and malpractices. Aspects of the election procedure vulnerable to malpractice include:
(a) Distribution of ballot papers timeously
(b) Deployment of voting materials to polling centres on time
(c) Opening and Closing of polls at the designated time
(d) Trouble shooting i.e. identifying trouble areas and quickly putting them under control.
(e) Process of counting ballots
(f) Collation of election results.
Efforts must therefore be made to safeguard the votes by all stakeholders, voters, neutral third parties and the electoral officials to mention a few.
8.It is however necessary at this point to grant the States Independent Electoral Commissions total independence in the performance of their functions. The financial votes for the running of the Commission should come directly from the Consolidated Revenue Funds on the approval of the National Assembly and not through the Executive arm of government as is presently done. This would further encourage impartiality. We note that although the 1999 Constitution and the various State Electoral Commission Law appreciate and emphasize the above point, the said Independence is observed more in its breach than observance. State Electoral Commissions still draw their salaries from State Governments. The staff needed are seconded from the State Civil Service and are paid by them. The Electoral Commissions get money to prepare for the conduct of Local Government Elections from the State Government where then is the Independence. It is suggested that as in the case of Local Governments, the funds of SIECs should be sent directly from the Consolidated Funds to the SIECs and not through the State Government.
9. SIECs CONDUCT ELECTIONS INTO THE OFFICE OF THE GOVERNORS, HOUSES OF ASSEMBLY AND LOCAL GOVERNMENTS
If we proffer Federalism, the fundamental component of true Federalism must be allowed to exist as well as strengthened. By way of contribution to electoral reforms, we propose the following amendments to certain Section of the 1999 Constitution of the Federal Republic of Nigeria as they affect the SIECs. The 1999 Constitution requires some amendments to give the power to the SIECs to conduct elections into the Office of the Governor, Houses of Assembly; hitherto conducted by the INEC
Proposed Constitutional Amendments To Read:
Sec. 78 “The registration of voters and conduct of federal elections shall be under the direction and supervision of the Independent National Commission.”
Sec. 112 “Subject to the provisions of Sec. 91 and 113 of this Constitution, the State Independent Electoral Commission shall divide the State into the State Constituencies within the State”.
Sec.114(1) “The State Independent Electoral Commission shall review the division of the State into constituencies at intervals of not less than ten years, and may alter such constituencies in accordance with the provision of this Section to such extent as it may consider necessary or desirable in the light of the review”.
Sec. 116(1) ‘Election to the State House of Assembly and Local Government Councils shall be held on a date to be appointed by the State Independent Electoral Commission”, but not earlier than 30 days or later than 14 days before the expiration of the existing terms.
Sec. 118 ‘The registration of voters and the conduct of Federal elections shall be subject to the direction and supervision of the Independent National Electoral Commission.
Sec. 178(1) “An election to the Office of the Governor shall be held on a date to be appointed by the State Independent Electoral Commission”, but not earlier than 30days or later than 14 days before the expiration of the existing term.
THIRD SCHEDULE PART 1(F)
Sec. 15 (a) “The independent National Electoral Commission shall have powers:
‘to organise, undertake and supervise all elections to the Offices of the President, Vice President, Membership of the Senate and the House of Representatives”.
1. insert New Provisions Under Sec. 197:
Sec. 197(4): “The State Independent Electoral Commission shall have the power
To organize, undertake and supervise all elections to the Offices of the Governor, Deputy Governor, House of Assembly and the Local Government Councils within the State”.
10. COMPOSITION OF INEC - THIRD SCHEDULE PART I
Sec 14 (c) Six other members representing each of the geo-political zones to be known as National Commissioners who shall be persons of unquestionable integrity and not less than forty years of age.
(C) Chairmen of the State Independent Electoral Commission shall be ex-officio members.
The rationale for them is Section 197 (4) (b) of the 1999 Constitution -
Sec 14(2) To be deleted.
Sec. 15 (e) of the Third Schedule to read……….
“Arrange and conduct in collaboration with the State Independent Electoral Commissions the registration of persons qualified to vote, prepare, maintain and revise the register of voters for the purpose of any election under this Constitution.
11. It is necessary to reiterate here that the State Independent Electoral Commission should be given the responsibility to determine the manner of voting to be used in each State which need not as of necessity be the same in every state. Some may opt for the electronic voting system while others may exploit other options such as option A4, Mechanical, Open Secret Ballot etc.
12. It is hoped that the above mentioned suggestions would be favourably considered by the committee.
Chief Adetunji Fadayiro (SAN) Prof S.O. Emejuaiwe
1st National Vice Chairman National Chairman
FOSIECON FOSIECON
Abuja, Jan., 2008
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