THE IMPERATIVE OF ELECTORAL REFORM AS A CRITICAL ELEMENT OF CONSTITUTIONAL RE-ENGINEERING OF NIGERIA

By Prof. Yemi Osinbajo, SAN

Paper delivered at the Law Week of the Nigerian Bar Association, Ikeja Branch, April 30th 2009 .

ELECTORAL REFORM

History of Elections in Nigeria shows that with each successive election, the credibility of the electoral process has been further damaged 2

1964

First after departure of BritishNPC/NNANPC and AKINTOLA’S NNDP to form NNAHarassment & Detention of opponents

Preventing rallies , etc3

1965

Western Region elections worse than 1964

NNDP now in power perfected rigging

Returning officers deserting posts after accepting nomination papers of government candidates or outrightly refusing to accept nominations

16 NNDP candidates returned unopposed

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1965

Arikpo in his DEVELOPMENT OF MODERN NIGERIA recounted that: “The most notorious example of this travesty

was the case of a man who won the election in one of the Owo constituencies, his NNDP opponent was declared the victor. He thereupon announced that he had (upon deep reflection) decided to join the NNDP. A few days after this announcement, the Electoral Commissioner declared him the successful candidate and quietly dropped his opponent

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1983

Resurgence of 1964 & 1965 Rigging but mostly ballot dumping and falsification of results

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2003

Brazen riggingINEC’S complicity well established

Law enforcement/ Military

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2003

In the 2003 Presidential election petition, petitioners averred in their petition that in respect of Akwa Ibom state that : “At a meeting which took place at the Banquet hall of

the Government house in the early hours of April 19 2003 (the day of the presidential elections), officials of the ruling PDP and 36 soldiers from the 6th motorized battalion Ibagwa, Abak led by the commanding officers, Lt S. A. Sangonuga, thumbprinted the materials, and allocated figures, between the hours of 2.30 and 5.30am on April 19 2003. Team leaders of the group collected N200,000 each from the PDP liason officers in their areas of posting. The Petitioners went on to list the names, ranks, and commission members of the 36 soldiers in their petition. In response, the respondents merely denied the occurrence.

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2007

Worst ever by all independent accountsBallot dumping ; multiple thumbprinting

Use of police and armyMultiple thumbprinting found in high percentages accounts 9

INEXPLICABLE DISCREPANCIES BETWEEN VOTES FOR PRESIDENTIAL AND GUBERNATORIAL CANDIDATES DESPITE THE FACT THAT BALLOT PAPERS WERE HANDED TO VOTERS SIMULTANEOUSLY

State Regd. Voters President Governors

Ogun 1,576,875 1,365,367 747,296

Ondo 1,504,181 995,084 960,080

Osun 1,367,627 783,914 801,812

Kano 4,000,430 2,339,792 1,734,151

Rivers 2,272,238 2,171,215 2,111,188

C/ Rivers 1,289,019 1,238,175 1,065,631

Borno 2,156,019 1,336,480 817,533

Katsina 2,567,245 1,711,212 1,721,06710

UWAISPROPOSALS

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UNBUNDLING OF INEC

Political Parties Registration and regulatory Commission

Electoral Offences Commission

Constituency Delimitation Commission

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INDEPENDENCE OF INEC

NJC to advertise all the positions, shortlist 3 persons for each position

Send nominations to national Council of State who select one from shortlist and forward to Senate for confirmation

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THE ELECTORAL SYSTEM

First past the Post for 70% Legislative seats Proportional Representation 30 % Females – 30% of Proportional

Representation Persons With Disabilities – 2% of Proportional

Representation Political parties that secure at least 2.5% of

National Assembly Seats- Cabinet Level

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EFFICIENT ELECTORAL ADMINISTRATION

Design & Handling of Ballot ppaers – security Features

Voting process – Electronic Voting Machines

Accreditation within defined time frame

Voting within defined time frame 15

REFORMS

Abolition of State Independent Electoral Commissions [SIECS] 16

INDEPENDENT CANDIDATURE

Constituency based nomination by verifiable signatures of 10 registered voters in each ward in the Constituency

Payment of Deposit which will be refunded if candidate scores at least 10% of valid votes

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ENSURING THE CONCLUSION OF ELECTION PETITION DISPUTES BEFORE SWEARING IN OF NEWLY ELECTED OFFICIALS Need to produce rules and procedures that

enhance speedy disposal of election petitions The Law should shift the burden of proof from

the petitioners to INEC to show that disputed elections were indeed free and fair and complied with the provisions of the Electoral Act

Rules of evidence should be formulated to achieve substantive justice rather than mere observance of technicalities

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ENSURING THE CONCLUSION OF ELECTION PETITION DISPUTES BEFORE SWEARING IN OF NEWLY ELECTED OFFICIALS

Elections to the office of President and Governors should be held at least six months before the expiration of their terms. A maximum of four months should be devoted to hearing petitions by the tribunals and another two months for hearing appeals by the Court of Appeal or Supreme Court.

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ENSURING THE CONCLUSION OF ELECTION PETITION DISPUTES BEFORE SWEARING IN OF NEWLY ELECTED OFFICIALS

No executive should be sworn in before the conclusion of the cases against him/her. In the case of legislators, no one should be sworn in before the determination of the case against him/ her

INEC should have no right of appeal

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OTHER REFORMS

Admissibility of EvidenceReliance on Forensic Evidence

Voters registration- Biometrics

Proof beyond reasonable doubt too high 21