PAPER PRESENTATION AT THE RETREAT FOR THE

CHAIRMAN, SECRETARY AND MEMBERS OF THE

BENUE STATE INDEPENDENT ELECTORAL

COMMISSION

PRESENTER: JOHN CHEN Ph.D

LEAD CONSULTANT AND CHIEF

EXECUTIVE OFFICER, ELECTION

SOLUTIONS CONSULT NIG. LTD

TOPIC: THE ROLE OF AN ELECTION

MANAGER IN ENSURING CREDIBLE

ELECTIONS

DATE: 13TH MARCH, 2017

VENUE: BENYSTA HOTELS, ALIADE BENUE

STATE

email: ; website:

TABLE OF CONTENTS

HEADINGS PAGE

  1. Overview1
  2. Definition of Terms
  1. Elections 2
  2. Manager2
  3. Credibility 3
  1. Introduction 3
  1. Who is the election manager 3
  2. Historical Background of election management bodies

in Nigeria 4

  1. Types of election management bodies in Nigeria 5
  1. The Independent National Electoral Commission 6
  2. State Independent Electoral Commission 7
  1. Integrity of the Electoral Process 8
  1. Inclusiveness 8
  2. Transparency 8
  3. Accountability 8
  4. Competitiveness 8
  1. The Electoral Process 9
  1. Pre-election activities 11
  1. The legal framework 11
  2. Electoral Boundaries 11
  3. Election Management body administration 12
  4. Political party Registration 13
  5. Ballot qualification 14
  6. Election campaign 14
  7. Campaign Finance 15
  8. Voter Registration 16
  9. Voter List 17
  10. Voter Education 18
  11. Election Security 18
  1. Election Day Activities 19
  1. Polling Stations 19
  2. Voting and Counting 20
  3. Election Results20
  1. Post Election Day Activities 21
  1. Election Complaints, Disputes and Resolutions21
  1. Case Studies 22
  1. The Justice Uwais Electoral Reform22
  2. Election Management Systems Report 23
  1. Conclusion 24
  2. Recommendations 25
  3. References 27

THE ROLE OF AN ELECTION MANAGER IN ENSURING CREDIBLE ELECTIONS: PRESENTED BY JOHN T. CHEN Ph.D. AT THE RETREAT FOR CHAIRMAN, SECRETARY AND MEMBERS OF THE BENUE STATE INDEPENDENT ELECTORAL COMMISSION ON THE 13TH OF MARCH, 2017 AT BENISTA HOTEL ALIADE BENUE STATE.

  1. OVERVIEW: Elections or the Electoral process has over the years, been the democratic process of selecting individuals to represent the interest of groups, organizations and governments at various levels. The evolvement of the electoral process dates back in history as far back as ancient Greece and ancient Rome. At any given stage in the evolution of the electoral process, the conduct of elections has always been the responsibility of the election manager also known as the Election Management Body (EMB ).And in order to deliver credible elections or electoral contests, the election management bodies always seek to follow certain fundamental guiding principles which according to Jeffrey Karp should include “independence, impartiality, integrity, transparency, efficiency, professionalism and service-mindedness”. (Jeffrey Karp etal 2017).

Here in Nigeria, even though the Nigerian nation states in the pre-colonial period had diverse ways and methods of selecting their representatives into the local governing arrangements, it was not until 1923 that the colonial masters introduced formal elections, and this was for the election of three unofficial representatives from Lagos and one from Calabar to the new legislative council established by the Califford constitution of 1922. Even in this first attempt, the process was not adjudged to be credible as only residents of the two towns with a minimum income of 100 pounds per annum were entitled to the franchise.

Since then, several elections have been held in Nigeria, the last been in 2015. The credibility of all the preceding elections has always been doubtful giving rise to various forms of violence, mayhem and endless litigations. The incapacities of the election managers in the electoral process have been the attributing factors in denying credibility to the electoral process.

  1. Definition of Key Terms

a)ELECTIONS: The Wikipedia defines election as “a formal decision-making process by which a population chooses an individual to hold public office”, while the Webster Marriem dictionary defines election as “the act or process of choosing someone for a public office by voting”. Elections can therefore be said to be the formal process of selecting a person or persons to occupy public office for a period of time. Nnadozie describes elections “as the modern and universally accepted means through which, by voting, individuals and groups are openly and methodically chosen to represent a body or community” (Nnadozie U.O 2004). In this light therefore, elections can be considered as the basis for democratic legitimacy.

b)MANAGER: The Wikipedia defines managing as “The administration of an organization whether it be a business, a not- for profit organization or a government body” while the Marriem Webster dictionary defines managing transitively to mean.

i.To handle or direct with a degree of skill.

ii.To exercise executive, administrative and supervisory direction

iii.To succeed in accomplishing.

An election Manager also known as election Management body (EMS) is according to Oyediran “The institutional arrangements and Framework put in place to carry out elections”. ( Oyediran 2005).

c)CREDIBILITY:Wikipedia quotes Jurgen Habermas in his theory of communicative action as defining credible action to mean ‘Truthfulness, sincerity, appropriateness and understanding. An election can therefore be said to be credible when it is organized within the ambits of these attributes, and its outcome is acceptable to the majority of the electorate and the international community. According to Joseph and Richards “A credible election must be secured and sufficiently transparent paving way for voters to freely express their choices (Joseph, Richards 2000).

In order for the citizens to participate in, understand, evaluate and ultimately accept an election process and its outcome as representing their will, the election manager must have in place a credible electoral process, and that process must be characterized by transparency, accountability, inclusiveness and transparency.It is this mechanism of the Electoral process which spells out in vivid terms the role of the election manager in ensuring credible elections that shall form the fulcrum of this discussion.

3.INTRODUCTION

a. Who is the Election Manager?

The election Manager refers to persons and organizations saddled with the responsibility of organizing elections. Collectively they are referred to as The Election Management Bodies (EMB). The EMB has the sole purpose of, and is legally responsible for electoral activities. The EMB is supposed to be an institution independent and autonomous from the executive branch of Government with the ability and capacity to plan its activities, manage its own budget and not accountable to a government ministry or department. But for the purposes of oversight, transparency and checks and balances, the EMB may be accountable to the legislature and judiciary.

b. Historical Background of Election Management Bodies in Nigeria

The Origin of Electoral bodies in Nigeria can be traced to the period before Independence when the Electoral Commission of Nigeria (ECN) was established to conduct the 1959 elections. The Federal Electoral Commission (FEC) established in 1960 conducted the immediate post-independence federal and regional elections of 1964 and 1965 respectively. This electoral body was however; dissolved after the military coup of 1966. In 1978, a new Federal Electoral Commission (FEDECO) was constituted by the regime of General Olusegun Obasanjo. FEDECO organized the general elections of 1979 which ushered in the Second Republic under the leadership of Alhaji Shehu Shagari and conducted the general elections of 1983.

FEDECO was abolished at the end of the year (1983) by the military administration of General Muhammadu Buhari, which seized power on 31st December, 1983. In 1987, the military government of General Ibrahim Badamasi Babangida established the National Electoral Commission (NEC) to execute the Government's transition programme designed to usher in democratic rule in 1993. The NEC conducted all the elections which put in place all democratic institutions beginning from the Local Government Councils to the National Assembly. NEC also conducted a Presidential election on 12th June, 1993, which was annulled by the same government. Towards the end of 1993, NEC was reconstituted with a view to immediately conducting a fresh presidential election, but was dissolved shortly afterwards by yet another military government which came into power in November 1993.

In December 1995, the military government of General Sani Abacha which earlier dissolved NEC, established the National Electoral Commission of Nigeria (NECON) which also conducted another set of elections: Local Government Councils to National Assembly. These elected institutions were however inaugurated and the sudden death of General Abacha aborted the process. General Abdulsalami Abubakar's administration dissolved NECON and established the Independent National Electoral Commission (INEC)

The Independent National Electoral Commission (INEC) was established by the 1999 Constitution of the Federal Republic of Nigeria to among other things organize elections into various political offices in the country.

c. Types of Election Management Bodies in Nigeria

In universal practice, there are basically three types or models of election management bodies;

  • The Independent model of election management where elections are managed by institutionally independent and autonomous organizations as practiced in the USA, Nigeria, South Africa and several emerging democracies.
  • The government model of election management where elections are organized and managed by the executive branch through a ministry as practiced in Denmark, the UK and Switzerland.
  • The mixed model of election management where elections are organized and managed by dual institutions with one institution (the independent one) responsible for policy, monitoring and supervision, while the other institution ( under government control) is responsible for implementation. This model is used in Japan, Spain, France and most of the French colonies in West Africa.

In Nigeria where we practice, or are supposed to be practicing the Independent Model of election management, the constitution provides for the existence of two election management bodies namely;

The Independent National Electoral Commission (INEC) and

The State Independent Electoral Commission (SIECs)

  1. Independent National Electoral Commission (INEC) As an election Management body:

The functions of INEC are contained in Section 15, Part 1 of the Third Schedule of the 1999 Constitution (As Amended) and Section 2 of the Electoral Act 2010 (As Amended) include the following:

Organize, undertake and supervise all elections to the offices of the President and Vice-President, the Governor and Deputy Governor of a State, and to the membership of the Senate, the House of Representatives and the House of Assembly of each state of the federation;

Register political partiesin accordance with the provisions of the constitution and Act of the National Assembly;

Monitor the organization and operation of the political parties, including their finances; conventions, congresses and party primaries.

Arrange for the annual examination and auditing of the funds and accounts of political parties, and publish a report on such examination and audit for public information;

Arrange and conduct the registration of persons qualified to vote and prepare, maintain and revise the register of voters for the purpose of any election under this constitution;

Monitor political campaigns and provide rules and regulations which shall govern the political parties;

Conduct voter and civic education;

Promote knowledge of sound democratic election processes; and

Conduct any referendum required to be conducted pursuant to the provision of the 1999 Constitution or any other law or Act of the National Assembly.

INEC conduct Election to offices of the President and Vice-President, Governor and Deputy-Governor, National Assembly (Senate and House of Representatives), States House of Assembly

INEC compiles Register of Voters'

INEC is under Federal Government Administration

ii. State Independent Electoral Commission (SIECs)

The State Independent Electoral Commissions are established under part II section B of the 1999 constitution of the Federal Republic of Nigeria as amended. As an election Management body, the SIECs under the constitution have the power to perform the following roles:

  • To organize, Undertake and supervise all elections to Local Government Councils within the state;
  • To render such advice as it may consider necessary to the Independent National Electoral Commission on the compilation of, and the register of voters in so far as that register is applicable to local government elections in the state.

The role of these two election management bodies in ensuring credible elections bothers on maintaining and safeguarding the integrity of the electoral process. The following attributes are necessary in safeguarding the integrity of the electoral process;

4. Integrity of the Election Management Body.

Credible elections are supposed to be characterized by inclusiveness, transparency, accountability, and competitiveness.

  1. Inclusiveness:elections usually provide equal opportunities for all eligible citizens to participate as voters in selecting their representatives and as candidates for positions into public office. EMBs must take steps to assess and remove any barriers to the participation of all citizens.
  2. Transparency: Elections aretransparentwhen each step of the election process is open to scrutiny, and stakeholders can independently verify whether the process is conducted honestly and accurately. The principle of transparency is linked to the fundamental right of citizens to seek, receive and impart information, as well as the right to take part in government and public affairs. Nonpartisan and partisan observers should be accredited to observe all phases of the election process and be permitted to comment publicly on the process free from unreasonable restriction.
  3. Accountability: Accountabilityin elections refers to the rights of citizens with respect to the conduct of other electoral stakeholders, including the government, election management bodies (EMBs), political parties, candidates and security forces. Elections are a key mechanism through which citizens hold their governments accountable, but there must also be accountability within election processes themselves. There must be effective remedies in place for violations of citizens' election-related rights. There must also be administrative accountability for those organizing elections and those conducting governmental activities related to elections.
  4. Competitiveness: Elections arecompetitivewhen citizens have reasonable and equitable opportunities to compete to be elected to governmental offices. Political competition is a central component of elections that truly reflect the will of the people. The principle of competitiveness relates to aspects of the election throughout the electoral cycle. The legal framework must allow citizens to come together and register political parties to represent their interests, and provide access to spots on the ballot for parties and/or candidates. Parties and candidates must be able to campaign and voters to cast their ballots free from illegal influence, intimidation or violence.

5. THE ELECTORAL PROCESS:

The electoral process, which is the bedrock in the preparation of credible elections envisages a series of actions, activities, laws and statutes which the election manager (EMB) deploys and utilizes in the delivery of elections. The election process comprises numerous elements and involves multiple institutions and actors throughout the election, all of which affect the transparency, inclusiveness, accountability and competitiveness of the election.

It is important therefore not to view election as an Election Day activity only. Rather, elections should be treated as a process, not as an event. Okoye “Considers elections as a complex set of activities with different variables that act and feed on one another”. (Okoye, 2008). Theelection process is therefore an interconnectivity of actions and activities with the following core components; Pre-election activities, Election Day activities and post-election activities. These three components, when deployed for election delivery, form what is known as the electoral or the election cycle.

Table 1. The election cycle

The election cycle identifies the tasks involved in each election activity; defines the steps involved in each task; specifies the task owners of each task and estimates the average time required for each task. While operating or implementing the procedures in the election cycle in ensuring credible elections, it must be the duty of the election manager to ensure that the outcome of the election is acceptable to the majority of the electorate and must meet international best practices. Let us now examine the election cycle in more details:

a)Pre-Election Activities: The election manager must be guided by the following range of Pre-election activities in preparing for credible elections:

i.The Legal Framework: The legal framework for elections generally refers to the combination of legislation and rules related to elections. A legal framework for elections includes the applicable provisions in the constitution, the electoral law and other laws that affect elections, such as a law on political parties. It also includes any regulations attached to the electoral law and other relevant laws, as well as relevant instructions and regulations issued by the responsible EMB. The legal framework must address the following questions;

  • Are representatives of parties and candidates granted timely and effective access to all elements of the election process;
  • What are the voter eligibility criteria set forth in the constitution, law and regulations? Do the criteria fit international principles concerning limiting restrictions to age of majority, citizenship and residency?
  • What are the requirements set forth in the constitution and the election law concerning eligibility to seek elected offices? Are they consistent with each other? Are they consistent with international principles concerning the right to seek election and nondiscrimination?
  • Do the law and regulations set clear procedures for the filing of electoral complaints, challenges or other legal actions concerning all elements of the election process?
  1. Electoral Boundaries:Electoral boundaries create geographical divisions or electoral constituencies for the purpose of electing government representatives. In the Nigerian context, these constituencies range from the Presidential, The National Assembly, the State Governors, the State Assemblies, the local Government Chairmen and Councilors. Electoral Constituencies are generally based on the principles of equal suffrage and proportionality, for example while the senatorial constituencies in Nigeria are based on equal suffrage for all the states, the House of Representatives is based on proportionality in the population distribution. Population data is therefore essential to drawing electoral boundaries.The process through which electoral boundaries are determined is often referred to as boundary delimitation or delineation.
  2. Election managementBody Administration: The staff working in the EMB must have the necessary capacity to successfully organize the election. Administering democratic elections requires that EMBs be, and be seen to be, impartial regardless of whether they are legally independent. This is critical because the election administration makes and implements important decisions that can influence the outcome of the elections and public confidence in that outcome. Information on the composition of EMBs, including relevant information about individual commission members and staff at all levels, allows the electorate and electoral competitors to assess the impartiality of the EMBs. Stakeholders can also examine the information about the individuals managing the process from one election to the next, particularly at the local level, and explore, for example, whether there might be pressure or influence on how polling stations or other units are staffed.

The Independent NationalElectoral Commission (INEC) and the State Independent Electoral Commissions (SIECs) mandatorilylist the qualifications, responsibilities, and roles of various election officials at all levels of the electoral process.