The Abuja School
In navigating the discourse surrounding the 2023 general elections, it’s essential to dissect the multifaceted efforts and challenges encountered in ensuring credible electoral management. This article series, originally penned in 2023 by the esteemed Abuja School of Social and Political Thoughts (ASSPT), provides a comprehensive analysis spread across four distinct segments, each exploring pivotal aspects of the electoral landscape.
As we embark on this journey of reflection and analysis, it’s important to note that the series unfolds across separate pages, each offering unique insights into the complexities inherent in electoral governance. From commendations extended to the Independent National Electoral Commission (INEC) to meticulous examinations of compliance with deadlines by political parties, the series delves into critical facets of electoral integrity.
In revisiting these articles in 2024, we are presented with an opportunity to reflect on the progress made and the lingering challenges that shape our electoral processes. By contextualizing the discussions within the temporal framework of 2023, we gain a deeper understanding of the evolving dynamics of democratic governance.
With this in mind, let us navigate through each installment of the ASSPT series, mindful of the nuanced perspectives and enduring quest for improvement embedded within their analysis. As we delve into the intricacies of electoral management, may these insights serve as guideposts in our collective endeavor to uphold the principles of free, fair, and credible elections.
Now, let us embark on this journey of exploration, traversing the pages of the ASSPT series to glean valuable insights into the complexities of electoral governance in the year 2023 and beyond.
Commendation to INEC
Before we begin to highlight a few of the challenges and offer solutions to them, it is necessary to commend INEC for some of the decision it has taken that has reinforced faith in its determination and capability to effectively manage the electoral processes. Last week, INEC decided to extend the deadline for the collection of the Permanent Voters Card (PVC) for registered voters who have not done so. This extension is acknowledgement that it has not been very efficient as an institution in managing the process of registration and collection of voters cards. We have reports of hundreds thronging collection centers and not getting their PVC for myriad of reasons not of their making. INEC has been responding well to these bottlenecks as we are seeing increased collection of PVC. By extending the deadline in a manner that does not affect the conduct of the 2023 elections, INEC has avoided a constitutional challenge by those who are eligible to vote but has been denied the right to vote. Such flexibility will help to ensure that ultimately INEC conducts elections that cannot be easily impeached. We advise further than INEC does everything possible to ensure that all eligible voters who have properly registered for the elections can collect their voter cards before the election to avoid disenfranchisement of any Nigerian. We understand that the logistics could be overwhelming for the institutions. But this election is a crucial one and its competitiveness requires more transparency and accountability than in the past.
Similarly, we want to commend INEC for the decision to use its staff to conduct the election rather than academics outside its control. By establishing a committee of its senior management and taking ownership of the process, INEC is proving that it is learning from the failures of the past and is determined to conduct more efficient and reliable elections in 2023. This decision underlines a recognition of the needs to standardize the procedures and processes of the elections. This is more so as the returning officers make decisions that at times are arbitrary and capricious to undermine the fairness of electoral outcomes. To further ensure fair and credible management of the electoral process, we urge the leadership of the commission to work hard to produce clear procedures and rules that will guide the committee and other staff of the commission that will manage any aspect of the electoral process. Such procedures and rules must be developed through clear rulemaking procedures and in a manner that ensure independence and non-partisanship of decision-making on electoral issues.
The major ingredient of fair and free elections is the fact that those who make decisions relating to election are manifestly independent and fair to all those who are affected by the decisions. The benchmark for fairness is that every stakeholder knows the procedure for decision making and can be assured that the decision-makers are activated by commitment to outcomes that are fair to all. We want to urge the commission to consider and develop such procedures for decision-making on ALL issues requires decision-making.
Reports on Compliance with Deadlines by Political Parties:
- Our observatory shows that INEC has been working well to earn the trust of the political parties, especially the less established political parties. We want to commend INEC for carrying these parties along as it prepares for the 2023 elections. Although many of these parties may not have clear prospects of winning the presidential elections, their participation on free and fair basis underlines the competitiveness of the electoral process. The constitution is clear that we run a multiparty system. The success of such a system is on having multiple parties that can compete fairly and thereby providing options against political domination. We urge the commission to continue to factor the interest and challenges faced by the less established parties in managing its deadlines.
- From our interactions with some of the parties outside the major ones, namely the PDP, the APC, the LP and the NNPP, we receive reports of difficult in uploading party agents because of myriad of reason including difficulty of using the INEC Portal for some of them and the number of PUs to be uploaded. Some of the officials of these parties informed us that INEC official did not notify them that their method will only provide online forms suitable for self-service and not for enterprise use cases. Some of them have also complained that the tasks requires more time that INEC allocates. Some of these party officials are requesting INEC to adopt the Enterprise Data Upload Method which will be easier and faster to enable them to quickly upload their agents and therefore be in a position to monitor and defend their votes, especially in the presidential and governorship elections where incentives for rigging and manipulations may be high.
- Furthermore, these officials are worried that INEC is abridging the time it allocated for the parties to upload their agents unto its portal by bringing it forward from January 20 to January 18, with loss of 48 hours for those parties still working on completing the upload. Two issues are involved in any decision to change a deadline that INEC had established as part of its schedule. First, it will be a breach of regulatory fairness for INEC to change its deadline for an activity important to electoral integrity after parties have factored such dates in their plans. INEC cannot abridge such date except in consultation with all the parties. To do so, is to put the other parties in difficulty. Regulatory fairness requires certainty. To change dates in midcourse amounts to regulatory unfairness. This is a clear violation of the duty of fairness.
- Secondly, the concern of INEC should be to assist the parties to have agents to represent them at the elections. This requires that all the parties have ample opportunity to upload on the portal. It is commendable that INEC is digitalizing the procedures. This will guarantee transparency and enable the process to be tracked whenever it is required. But digitalization comes with some teething problems. INEC should focus resources and attention on helping some of the less endowed parties navigate the intricacies and challenges of complying with its requirements. Where necessary and unlikely to interfere negatively with constitutional deadlines, the commission should exercise its discretion to extend time for completion of critical assignment. This is how to ensure a credible polls that allows Nigerian citizen clear choice of leaders.