The European Election Observation Mission (EU EOM) conducted an extensive three-month-long observation of federal and state elections in Nigeria, held on 25 February and 18 March, 2023. According to their findings, Nigerians demonstrated a commendable commitment to the democratic process at all stages of the election season. However, the EU EOM’s analysis revealed enduring systemic weaknesses that call for urgent legal and operational reforms to enhance transparency, inclusiveness, and accountability in Nigeria’s electoral system.
Among the problems identified were issues that I have previously addressed in my previous articles. High on the list were ambiguities in the Electoral Law. The EU EOM identified significant ambiguities in the Electoral Law, which largely resulted in confusion and misinterpretation, leaving room for manipulations and grounds for technical misreadings. These ambiguities undermine the consistency and transparency of the electoral process, eroding public trust and confidence in the system.
Another issue raised was the lack of a publicly accountable selection process for INEC commissioners and officials. The absence of such a transparent and accountable selection process for INEC officials raises concerns about the credibility and integrity of the commission, as well as the elections it conducts upon which the destiny of the country depends.
One of the most telling problems, which the EOM did not fail to note, was the lack of real-time publication and access to election results. The Mission noted that the absence of real-time publication and easy public access to election results subtracted from the scale of credibility that could have accrued to the process if it had gone exactly as INEC promised.
This lack of transparency and accessibility hampers trust in the electoral process and inhibits the ability of citizens and stakeholders to verify and validate the accuracy and integrity of the results. The result is the cloud of illegitimacy that seems to hang over the current class of elected officials at different levels.
Of particular concern to me was the issue of insufficient protection for media practitioners during the general polls. It is a truism that media practitioners face challenges and risks while performing their crucial role of ensuring the free flow of information during elections. Insufficient protection measures therefore leave them vulnerable to harassment, intimidation, violence and fatalities, hindering their ability to operate effectively and jeopardising the transparency and accountability of the electoral process.
Without equivocation, the harm meted out to media practitioners physically and mentally, combined with the intimidation from regulatory agencies, who ought to better understand and appreciate the importance of the role of the media, left a lot to be desired.
The EOM noted what it determined as discrimination against women in political life as another issue arising from the elections. Their report held that women in Nigeria faced persistent barriers and discrimination when participating in political life. This hindered their full and equal participation in the democratic process, resulting in a lack of representation and inclusiveness. Addressing these challenges was therefore crucial to promote gender equality and ensure a more diverse and representative political landscape.
The report also pointed out the widespread impunity, regarding electoral offences, which often seemed as though anyone with enough political capital could more or less get away with as many electoral crimes as possible. The EU EOM observed a lack of effective measures to address reported impunities regarding electoral offences. This was antithetical for functional democracies because ensuring that those responsible for electoral offences face appropriate legal consequences is vital to uphold the rule of law as it deters such offences, and enhances the integrity of the electoral process.
While none of these is novel, as I have had cause to call out a good portion of these observations in my articles previously, the fact-based nature of the EOM findings have opened these problems to a global audience and made it even more crucial to immediately find lasting solutions to them.
In continuation of the electoral reform process that birthed the use of the Bimodal Voter Accreditation System, which gave us the most accurate voter figures we have ever had in Nigeria to the point where some observers inaccurately concluded there was voter apathy due to a perceived “low turnout”, we must continue to effect changes in the system to bring our electoral process to the modern age.
To begin, there needs to be a definitive clarification of the electoral law that will forthrightly address the ambiguities in the law through comprehensive reforms. This process should be aimed at ensuring clarity and coherence to prevent misinterpretation and inconsistency in the legal framework of elections. Arguments about 25 per cent of the states in Nigeria AND Abuja, which have occupied some of the appeal process at the Presidential Elections Petitions Tribunal will be a thing of the past as one example of what a definitive clarification of the electoral law will resolve.
There is a grave need to ensure impartiality on the side of the umpire as well and a transparent selection process for INEC officers can address this issue. Therefore, Nigeria must consider the establishment of a publicly accountable and transparent mechanism for the selection and appointment of INEC officers. This will enhance the credibility and integrity of the Commission and imbue it with some of the trust necessary for truly free and fair elections that voters can count on as accurate representations of their choices at the polls.
What was begun as INEC Results Viewing Portal, but which failed drastically when it was most needed for the real-time publication and access to election results must be revived and standardised to the point where it becomes our norm. We have the capacity and manpower to make it work but for the complicity of those bent on compromising the process.
The drive for modernisation of our electoral system must focus on ensuring the real-time publication of election results and provide easy public access to the same. This will promote transparency, enable verification, and bolster public confidence in the accuracy and integrity of the electoral process. It will reduce occasions of electoral petition tribunals, save cost involved in a multitude of court cases and processes, while ensuring that the intimidation, violence and thuggery around elections are drastically cut across the country.
Furthermore, there is a need to strengthen the law in terms of dealing out even harsher legal consequences for electoral offences. We must enforce stronger legal measures to ensure that electoral offences are met with appropriate consequences that will serve to discourage impunity and uphold the rule of law.
In addition to the problems identified and recommendations, it is imperative to emphasise the crucial role of the judiciary, both the bar and the bench, in the process of improving Nigeria’s electoral system and reforms.
The judiciary plays a vital role in upholding the rule of law and ensuring the integrity of the electoral process. Therefore, it is recommended that the judiciary actively engages in the electoral reform process and takes proactive measures to address any legal challenges or loopholes that undermine the credibility of elections. This includes expediting the resolution of electoral disputes, ensuring fair and impartial judgments, and holding accountable those found guilty of electoral offences. By actively participating in the reform process, the judiciary can contribute significantly to strengthening the electoral system and restoring public confidence in the judiciary’s role in the electoral process.
Additionally, the security apparatus in Nigeria must be recognised as an essential stakeholder in the electoral reform process. The security forces play a crucial role in maintaining peace and providing a secure environment for elections to take place. However, there have been instances where security personnel were implicated in electoral malpractices, intimidation, and violence.
It is therefore recommended that the security apparatus take responsibility for any failures or lapses in their conduct during elections and actively engage in reform efforts. This includes enhancing training programmes to ensure professionalism and adherence to ethical standards, investigating and holding accountable those involved in misconduct, and working closely with other stakeholders to maintain a secure and peaceful electoral environment. The active involvement of the security apparatus in the reform process is vital to fostering a safe and conducive atmosphere for free and fair elections.
In conclusion, the final report of the European Election Observation Mission, like other reports by other election monitoring groups, highlights the commendable commitment of Nigerian citizens to the democratic process while emphasising the urgent need for legal and operational reforms to address enduring systemic weaknesses. To address these issues, it is essential to embark on comprehensive electoral reforms.
By implementing the recommended reforms, Nigeria can strengthen its electoral system, promote transparency, inclusiveness, and accountability, and restore public trust in the democratic process.
