INEC Won’t Do Better Than State Electoral Commissions
“INEC already has more than it can handle, hence people are clamouring for it to be unbundled. It is certainly dangerous to further complicate INEC’s work by adding the conduct of local elections; but if we insist on that, then let’s expect bigger glitches in future elections”.
BY TONNIE IREDIA
The establishment of State Independent Electoral Commission (SIEC) to conduct local elections in Nigeria is expressly provided for in Section 197(1) of the Constitution of the Federal Republic of Nigeria 1999. But from the lacklustre performance of virtually every SIEC since democracy was restored in the country some 25 years ago, there is hardly any person including beneficiaries of the unending electoral chicanery especially at state level who is ready to genuinely express faith in any SIEC. Only last week, Lateef Fagbemi our Attorney General and Justice Minister did not hesitate to lend his articulate voice to the clamour for an end to the conduct of local elections by state electoral management bodies which always ensure that the ruling political party in a state wins all local elections in such a state.
It is indeed, a waste of precious time to disagree with the public’s poor performance assessment of SIECs across the country. Evidence that the ‘winning’ of local elections by the ruling party in a state is never a coincidence but a premeditated act, is probably more appropriately exemplified in Benue State. In 2017, former Governor Samuel Ortom’s APC won all the local council seats in the State but lost them all to the PDP as soon as Ortom was re-elected under the PDP platform. Thus, the point that who wins a local election is determined by the governor of a state requires no proof. In other words, it appears rational to seek to remove from a governor, the power to establish a state electoral body. If so, to whom will the function of managing Nigeria’s local elections be entrusted?
The argument that the task should naturally fall on the federal electoral body is simplistic because the challenges which the influence of government imposes on SIECs equally affect INEC; none of the two bodies is independent. Although our Constitution prohibits persons with partisan interests from serving as electoral officials, federal and state authorities are usually always able to ensure that their party members are among those sworn-in as election managers. This has made it easy for many state governors to drastically influence the conduct of elections into executive and legislative bodies which INEC currently handles. Thus, to think that INEC will suddenly become autonomous, objective or fair-minded simply because the conduct of local elections is added to its duties is unrealistic. Instead, such an addition will only patently expose INEC’s veiled partisanship.
Modalities as well as processes and procedures in the operations of INEC are exposed to the same sharp practices that officials of SIEC perpetrate. To start with, the capacity for SIEC staff to be fraudulent is not higher than that of INEC staff. For example, it was Hudu Yunus Ari, an INEC Resident Electoral Commissioner REC that deliberately announced fake election results during the last governorship elections in Adamawa State. If the conduct of local elections is added to the functions of INEC because SIEC officials have not done well, what would happen to local elections in states where persons with Hudu Ari’s mindset are in charge? Will the nation not be left to regret its not-well-thought-out decision to use INEC to replace SIEC?
In addition, because the numerical strength of officials required for the conduct of analogue elections in a large nation like Nigeria is too huge for both INEC and SIEC to retain in their employment, the two bodies have no option but to rely on ad hoc staff donated by government agencies which neither of them can really control. Events have shown that such ad hoc staff of both bodies are often used to manipulate elections. Here, we have no proof that it can’t happen under INEC. After all, it was under INEC that Peter Ogban, a University Professor was convicted like a common criminal over his fraudulent role in the 2019 general elections in Akwa Ibom. Against this backdrop, it is foolhardy to imagine that INEC would perform well or better than SIEC when the conduct of local government elections is added to the job of INEC?
In fact, INEC has been subjected to more pressures than SIEC from all arms of government. Although the independence of INEC is specifically guaranteed by the Constitution, there are certain National Assembly Committees which in the name of oversight often distract the Commission. In 2018, the Nigerian Senate attempted to determine the date and time of elections even after INEC had published its determination of such matters, yet the Constitution provides that in the discharge of its election duties, INEC shall not be subject to the control of any other body or authority. To imagine that such a clear violation of INEC’s independence had to be resolved in court demonstrates the audacious propensity of Nigerian politicians to grab every type of power.
The involvement of the Judiciary in elections may not have been as aggressive as that of the other two arms of government but hers has been more destabilizing. In truth, there are many Nigerian politicians who now specialize in using the judiciary to win elections. Apart from unnecessary injunctions which create ample uncertainty in the polity, many judges at all levels engage in conflicting orders. During the last general elections, many states especially Kano and Plateau, were at the receiving end of political tension contributed to by the judiciary. In handling election cases in both states, the Court of Appeal took a stand which the Supreme Court later casually but sharply criticized. Indeed, in one of the judgments, the written and oral versions were at variance with one another.
Even the Supreme Court itself has not helped matters in certain cases. Till today, neither INEC nor individual Nigerians know how the APC which was earlier disqualified came round to win the 2019 governorship in Imo state. How will such challenges vanish if INEC is now to handle the conduct of local elections? Is it not more realistic to find solutions to challenges rather than to replace the actors who would still be confronted by same challenges? In summary therefore, this piece which agrees with Minister Fagbemi and others that SIECs have not done well with their conduct of local elections is however unable to see what makes INEC better than SIECs.
The only point that appears to underline the urge to replace SIEC with INEC is Nigeria’s love for cosmetic changes that have no efficacy. How can we say we are running a federal system while seeking to federalize the execution of local assignments? Into what use shall we then put displaced local officials? Is it not funny that some of those canvassing the transfer of local elections to the federal body are strenuously supporting the establishment of state police? If governors will influence state police, as they are currently influencing state electoral officials, is it not contradictory to support state police?
Considering that the real fear is the prevalent adverse influence of government, it makes little sense to ask federal officials to conduct local elections as if the federal government is not known to be similarly petty in politics. Even if we have an exceedingly credible and competent INEC, can it justify mandating federal officials to run ‘county’ affairs? Of course, that is not the way forward. Nigeria needs to follow how successful nations are handling their activities. Put differently, we need to imbibe best practices that align with global realities in the conduct of elections; we need to stop the use of large law enforcement operatives that never seem to know those who carted away ballot boxes from election centres.
All over the world, technology reigns as the redeeming feature of humanity. If our banks can use technology to impeccably handle their nation-wide operations, why can’t our electoral bodies use same strategy for people to register and vote anywhere? Why must our nation close all businesses just for some people to vote? It is certainly time for us to discard obsolete practices inherited from colonialism and stop pursuing shadows simply because politicians find it easier to rig analogue elections. INEC already has more than it can handle, hence people are clamouring for it to be unbundled. It is certainly dangerous to further complicate INEC’s work by adding the conduct of local elections; but if we insist on that, then let’s expect bigger glitches in future elections.
