To the uninitiated, the days of States Independent Electoral Commission appears numbered. What with the recommendations of the House of Representatives that their functions and powers should be transferred to the Independent National Electoral Commission. However, to discerning observers and electoral practitioners, the continued existence of State independent Electoral Commissions may well depend on the disposition of State Governors and their ability to coerce their State Assemblies not to endorse the recommendations of the National Assembly. Before the House of Representatives passed their resolution calling for the abolition of States Independent Electoral Commissions, the Electoral Reform Committee (ERC) set up by late President Yar’Adua in its December 2008 report observed that “Many people who submitted memoranda expressed dissatisfaction with the performance of SIECs which were considered mere organs of the incumbent State Governors and the ruling parties. Unfortunately, the conduct of the local government elections by them in 2004, and more recently in 2008 in many States of the Federation tended to support the negative perception of the SIECs. In most of the States where local government elections were conducted, candidates of the ruling parties won virtually all the seats. Often such results do not reflect the voting pattern in federal elections. In view of the performance of the SIECs in 2004 and 2008 elections, there have been popular suggestions at the public hearings, in some of the memoranda submitted, and also in the media for their abrogation. The poor performance of SIECs area cause for concern given the significance of local governments in a democratic society. The local government tier should be the foundation of democratic governance for the citizens. It is the closest level of government to the citizens. Therefore, it should be seen to address the basic needs of the citizens. Further, it provides citizens with more direct representation and opportunity for political participation. However, in its present form, the operators of the Local Government tier are seen as mere nominees of State Governors who lack the autonomy to implement popular and democratic programmes. The Committee therefore recommended that the existing SIEC should be reorganized and integrated into the structure of INEC for greater efficiency and autonomy. This will entail constitutional amendment and statutory provisions integrating and coordinating the activities of the State offices of INEC and SIECs for all elections. The scrapping or abrogation of States independent Electoral Commissions has been in the public domain for quite a while. Their performance has been a source of constant worry and concern to the Nigerian people. But not every Nigerian wants them abolished. Some Nigerians who incidentally are in the minority want them retained. These “retentionists” are the proponents of “true federalism” while the second group are led by State Governors who want to retain control and suzerainty over the conduct of elections to the various Local Governments. To properly appreciate why the movement for the abolition of States Independent Electoral Commissions keeps growing it is important to properly situate and appreciate their challenges. The first challenge is located in our concept of federalism. Nigeria has a unique Federal arrangement that does not necessarily fit into the classical definition of federalism and does not follow its practical applications and has sometimes been referred to as a contraption. The uniqueness of the federal arrangement in Nigeria is that it is a product of our history, geography, traditions and culture. It is domiciled in our own experiences, background and considerations. This presumably accounts for the lack of enthusiasm of the Nigerians in having a State or Regional Police Force. This uniqueness may also accounts for the conduct of Governorship and State Assembly elections by the independent National Electoral Commission rather than the States Independent Electoral Commission. The challenge for the present period is that the “abolitionist” movement keeps growing notwithstanding the clamour for true federalism. Does this clamour not contradict the federal arrangement of Nigeria or does it fit into the Nigerian brand of federalism? Why are a majority of Nigerians being aware of the imperatives of federalism still insisting on the abolition of the States Independent Electoral Commission? Why are the abolitionists not suggesting a reform of the constitutional and legal framework to empower the States Independent Electoral Commissions? Will a comprehensive reform of the Constitutional and Legal Framework of the States Independent Electoral Commission not remove the impediments to the proper performance of the States Independent Electoral Commissions? In a Joint memorandum submitted by Bauchi, Borno and Yobe States Independent Electoral Commissions to the Electoral Reform Committee they posited that: The performance of the State Independent Electoral Commissions in the March and April 2004 local government elections had endeared them in the minds of the people at the grassroots 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 instruments of federalism. In addition, State Independent Electoral Commissions 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 Commissions relate directly with the grassroots and it is easier for them to understand their local terrain and function better than INEC. 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 INEC. Embedded at the core of the non performance and credibility deficit of States Independent Electoral Commission are constitutional and legal issues as well as our attitudes, practices and conception of democracy. More often than not, political parties and stakeholders find it difficult to separate the constitutional and legal roles of States Independent Electoral Commission and the provisions of the various Local Government Laws and sometimes vent their anger on the reduction of the tenure of Local Governments and arbitrary removal and or dissolution of duly elected Local Government Councils on States Independent Electoral Commission. Of course the Nigerian people may not have all the facts but they are aware that Anambra and Borno States have not conducted Local Government election since Nigeria returned to civil democratic rule in 1999. Some other states are being run by Caretaker Committees at the expiration of the tenure of the Local Governments. There is therefore uncertainty as to the time and period for the conduct of Local Government Elections. This state of affairs breeds’ anger and creates the erroneous impression that it is the States Independent Electoral Commission that is not interested in conducting elections. Furthermore, a substantial number of the States Independent Electoral Commissions play politics of survival and subservience given their peculiar situations. A number of the State Assemblies operate from the offices of the Executive Governor of the State. Some Chairmen and members of the States Independent Electoral Commission are therefore careful about asserting their powers and independence as it is very easy to remove them with the active collaboration of the State Assemblies. To further underscore the credibility deficit in some of the Commissions, they on their own engage in self censorship or play the politics of opportunism. Despite constitutional injunctions to the contrary a number of Chairpersons and members of the States Independent Electoral Commission are card carrying members of the political parties of the ruling party in the State. They therefore see it as their duty to align with and support the party in power. Under such circumstances they cannot exercise the requisite independence allowed for the performance of their duties. This is because, the law can provide for legal independence but without mental and moral independence grounded on principle, legal independence and autonomy becomes a charade. Presently, “The State’s Electoral Commissions still draw their salaries from state governments. The staffs 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 Governments. Where then is the independence?” This is at the core of the challenge of the States Independent Electoral Commission. Some of the Commissions are allowed to fix the dates of elections and then funds are released to them at the last minute. Every arrangement for the election becomes ad-hoc and embarrassing. Some bureaucrats also see the release of funds as enriching the Chairpersons and the Commissioners personally and do everything to frustrate the release of such funds. During elections, some State Governors and their parties impose untrained ad-hoc staff on Electoral Officers for the conduct of Local Government Elections. This creates challenges in the conduct of elections and increases the perception of the Commission as a subservient agent to the State Government and the party in power. Coupled with this, some SIEC Commissioners, Directors, Electoral Officers and sundry staff have poor knowledge of the law and the Constitution. Some remain with their lack of knowledge because of lack of funds for training and retraining of the staff and the Commissioners. As at now the only clog hindering the abolition of the State Independent Electoral Commissions is the fact that by section 9 of the Constitution of the Federal Republic of Nigeria, 1999(as amended) the State Houses of Assembly must also approve proposals aimed at altering the provisions of the Constitution and most State Assemblies are under the firm grip of the Governors. Unless urgent constitutional, legal and institutional reforms are carried out, the days of States Independent Electoral Commissions appears numbered. Festus Okoye is the Executive Director, Human Rights Monitor, Nigeria
Posted on: Sun, 04 Aug 2013 20:54:36 +0000
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