Statement of the Alliance for Credible Elections at the Public Launch of the Alliance
September 18, 2006

Nigeria has finally and inexorably arrived at the valley of decision. The Nigerian people are at the center of a crucial and critical electoral process that will define the character, context and complexion of constitutional democracy. If the Nigerian people put their house in order and conduct credible elections in 2007, it will strengthen the foundations of democracy and put Nigeria in good stead as one of the countries where democracy and democratic values are irreversible. If the Nigerian people miss the opportunity of having credible elections, we may become a laughing stock among other African countries to where we have in the past attempted to export democracy.

As the Nigerian people brace up to the challenges of conducting credible elections in 2007, there are fundamental constitutional and electoral issues that must be kept on the front burner of national discourse. These constitutional, electoral and political issues, unless properly handled and addressed, have the potentials of tripping the electoral process and delivering a result that will make a mockery of our experiences as a nation. It will also shake the confidence of the Nigerian people on electoral democracy and completely disengage them from the process of governance. All stakeholders must address some of the issues with a sense of honesty.

The first issue relates to the preparations by the Independent National Electoral Commission for the 2007 elections. The second issue is anchored on the electoral timetable released by the Independent National Electoral Commission. The third issue is on the conduct and activities of political parties preparatory to the 2007 elections while the last issue is on establishing a conductive atmosphere for political campaigns and elections.

It is a matter of common knowledge that the Independent National Electoral Commission has fixed October 7, 2006 as the date for the commencement of what it calls the “Voters Revalidation Exercise”.  The Commission finally released the date after so much pressure from civil society groups and organizations. However, from all indications, the electoral body is not fully prepared for this exercise. In the first place, the manufacturers and suppliers of the Camera for Direct Data Capture (DDC) are yet to deliver. Secondly, the electoral body in the different states has only advertised for the recruitment of the ad-hoc staff that will conduct the voter’s registration exercise. The ad-hoc staff have not been recruited and trained for the exercise.  In some of the States, the electoral body will use one Camera to carry out registration in 4 units and this registration will last for a total period of 50 days.

This shows clearly that the electoral body is not prepared for the voters registration exercise.  It is doubtful whether the said exercise will be completed within a period of 120 days before the elections. It is also not certain whether the Commission can finish the processing of the names and allow for claims and objections within the 120 days cut off period allowed by section 10(5) of the Electoral Act and the 5-14 day period allowed for the display of copies of the voters’ list under section 20(`1) of the Act.

We are also of the view that the 50-day period allowed for voter’s registration will open a new avenue for fraud and manipulation. An electoral body that is fully conscious and on top of its responsibilities should be in a position to commence and conclude voter’s registration exercise within a period of 14 days.

We are also worried at the number of the Direct Data Capture Cameras that will be sent to all the States of the Federation. Using one Camera for 4 units may create logistics and security problems unless a specific timeframe is allotted for the number of days the Registration Officers will remain in one unit before moving to another unit.

We urge the Independent National Electoral Commission to put its house in order to avoid a programmed failure of the voters’ registration exercise. Without an accurate and transparent voters’ register, there cannot be credible elections.

The second source of worry and concern relates to the timing of the two strands of elections scheduled for April 14 and 21, 2007. The Independent National Electoral Commission proposes to conduct the Gubernatorial Elections on the 14th day of April 2007 and the Presidential Elections on the 21st day of April 2007.

The critical issue is whether the Independent National Electoral Commission can surmount the provisions of section 132(2) of the Constitution and conduct and conclude fresh Presidential elections if none of the Presidential candidates satisfies the provisions of section 134 of the Constitution on the first ballot.  

Section 132(2) makes it mandatory for election to the office of the President to be held on a date not earlier than sixty days and not later than thirty days before the expiration of the term of office of the last holder of that office. The term of office of President Olusegun Obasanjo will expire on the 29th day of May 2007. This leaves the Independent National Electoral Commission with a period of less than 9 days to conduct a second election if they must remain within the ambit of the 30-day constitutional time frame.

While we share the optimism of the Chairman of the Commission that nothing will go wrong with the electoral process we must not lose sight of the fact that Nigeria is a vast country with difficult terrains and topography. It may take a period of three to four days before the results of the Presidential elections are announced. This leaves the Independent Electoral Commission with less than 5 days to conduct fresh elections and announce the results of the said elections to be within the ambit and confines of section134 (3) of the Constitution.  

We must assist the Commission to avoid an electoral cliffhanger. The timetable as proposed by the Commission is unrealistic and leaves it no time and room to adjust and manoeuvre. The Commission cannot assume that there is no possibility for a second election. The political terrain is dynamic and fluid and the Presidential candidates may not secure a majority of lawful votes cast and also secure a quarter of the votes cast in 2/3rds of all the States of the Federation including the Federal Capital Territory, Abuja.

While it is advisable to be optimistic, given advances in science and technology that can enable the electoral body transmit results on time, it will amount to political and constitutional suicide to conduct experiments with Presidential elections. The Nigerian people cannot in good conscience anchor the future of constitutional democracy on the optimism of the Chairman of the Independent National Electoral Commission.

The Electoral Commission should therefore adjust the timetable and hold Gubernatorial Elections on the 7th day of April 2007 and the Presidential Elections on the 14th day of April 2007. This time frame, although inadequate, frees a period of one week for the Electoral Commission. Unless this is done, we can only assume that the timetable is deliberately structured in such a way to deliver a programmed failure of the process.

We are also worried at the activities of some political parties and aspirants that are not interested in coming to power through the ballot box. These categories of politicians are bent on eliminating their opponents and scaring other potential aspirants away from the political scene. This will not augur well for the people of Nigeria. People must come to power through means and mechanisms allowed by the Constitution of the Federal Republic of Nigeria. The Nigerian people must be the sole determinants of who is elected and who is not elected.

Coterminous with the behaviour of political parties is the danger inherent in the broad powers given to the Independent National Electoral Commission in section 27 of the Electoral Act. Section 27 of the Electoral Act, 2006 provides that where a date has been appointed for the holding of an elections, and there is reason to believe that a serious breach of the peace is likely to occur if the election is proceeded with on that date or it is impossible to conduct the elections as a result of natural disasters or other emergencies, the Commission may postpone the election and shall in respect of that area, or areas concerned, appoint another date for the holding of the postponed elections. The provisions of this section may appear harmless but given the problems in the Niger Delta, the problems in the Bakassi peninsula, the rise in politically motivated assassinations, the arrest, detention and trial of leaders of ethnic and religious groups and organizations, the section becomes a wild cart that may be deployed to the detriment of the people of Nigeria.

Our submission is anchored on the fact that the Electoral Commission does not have and does not control the security forces and is not in a position to determine when there may be breach of the peace. It is the current regime, its appointees and the security forces that have the power and capacity to so do. The provision is also very dangerous in that it gives the Commission wide powers to fix dates for postponed elections. The Nigerian people must watch the activities of these organizations and their sponsors and insist that they are not used to bring the present democratic dispensation to grief.

We also advise the Independent National Electoral Commission to be cautious and dispassionate in exercising the powers conferred on it by section 34(1) & (2) of the Electoral Act, 2006. Section 34(1)&(2) seeks to deal with the issue of political parties intending to change the list of its candidates. It provides that such a political party shall inform the Independent National Electoral Commission of the change and such information must be provided in writing not later than 60 days to the election.  

However, any application made pursuant to the above provision must give COGENT AND VERIFIABLE REASONS. The Act does not define cogent and verifiable reasons and this particular provision may be abused and misused. While the section seeks to protect candidates that fall out of favour with their godfathers after nominations, it makes the Independent National Electoral Commission the adjudicating body on what constitutes cogent and verifiable reasons. We do not want the Commission to be embroiled in political disputation to the detriment of conducting credible elections. Political parties must be allowed to sort themselves out and if they fail, they should be advised to avail themselves of the court system for adjudication.

The Alliance for Credible Elections is also concerned at the way and manner political office holders are helping themselves with state resources and apparatus to further their political ambitions. Section 103(1) of the Electoral Act prohibits the use of state apparatus including the media apparatus to the advantage or disadvantage of any political party or candidate at any election. Unfortunately, the Independent National Electoral Commission does not have the capacity to monitor compliance with this provision. We urge the National Assembly to put the machinery in place for the setting up of a bi-partisan commission to ensure compliance with this particular provision of the Law. All those interested in vying for political offices must approach the electorates on equal footing. The use of state resources and apparatus by incumbent office holders is detrimental to the interests of other aspirants that are not holding political offices.

ROLE OF THE PEOPLE IN 2007 ELECTIONS

The credibility of 2007 elections will depend not so much on what INEC does but on what the Nigerian people are ready to put up with. Our people must use the opportunity of this election to recapture and re-institute the will of the people as the basis of the authority of government. As a people, we should be concerned that nearby countries like Ghana, Benin Republic, Niger, Kenya and South Africa have stabilized the system of electing their leaders while ours is in shambles. As a people we are known by the rest of the world for our resourcefulness, energy and dynamism and we clearly do not deserve the kind of government that we have had in the past 7 years. The findings of EFCC across the country and the nauseating spillage from the office of the President and his Vice compel us to restate that our people never elected these politicians because, if we did, they will not treat us they have done so far. Things are that bad in our country because the people have lowered their vigilance and our so-called leaders have become audacious and reckless in their abuse of public office. Things are that bad that we are told to our face by the highest authorities in the land that political “god fathers” are entitled to a certain percentage of public treasury for orchestrating the capture of public office by their “devil sons”. Things are that bad that a grievous electoral malpractice took place in Anambra State in 2003, it was reported to the highest office in the land, he concealed it and never did anything. Things are that bad that ruling parties routinely dip their hands into public treasury to run their campaign. Things are that bad that in 2003 some politicians who were never entered to run elections were declared winners by INEC. We are in total agreement with Pat Utomi of the Restoration Group that our people are destined for refugee camps in neighbouring countries if we sit back and allow things to continue to deteriorate.

In 2003 the Transition Monitoring Group TMG trained and deployed a few election monitors to observe the conduct of elections. Though the presence of the few monitors managed to deter election riggers from perpetrating their act, the organization reported overwhelming instances of electoral malpractices in 2003 elections. The lesson of 2003 elections is that the credibility of 2007 elections must not be left in the hands of INEC, the Police and a few domestic election monitors and international observers. The power to hold the electoral system accountable must be returned to the people who are sovereign in any democracy. It is the intention of ACE Nigeria to mobilize families, communities, youths, women, religious bodies, professional associations and the business community to take the destiny of our democracy into their hands. We appeal particularly to professionals to “step into the mud” from their ivory places and to religious leaders to “jump down from the fence” and defend the right of our people to choose honest leaders who will serve rather than loot. ACE-Nigeria is currently made up of the Nigerian Labour Congress (NLC), Conference Of Free Trade Unions (CFTU), Academic Staff Union of Universities (ASUU), Christian Association of Nigeria (CAN), Federation of Muslim Women Associations of Nigeria (FOMWAN), Transition Monitoring Group (TMG), Electoral Reform Network (ERN), and the Civil Liberties Organisation (CLO). Also included are the National Association Of Nigerian Students (NANS), Women for Representative National Conference (WONACO), United Action For Democracy (UAD), the Media, Justice Development and Peace Commission (JDPC) and Federation of International Women Lawyers (FIDA). Membership is still open to every organised social platform that is willing to mobilize its constituency against electoral malpractices.

The Alliance for Credible Elections is determined to make the political terrain difficult for those that steal the will and mandate of the people. Our strategy resolves around the mobilization of the Nigerian people for active non-violent resistance to electoral fraud and irregularities. 2007 is the year of the Nigerian people and the year of clean elections. Those that cannot stand the rigors of having clean and credible elections are advised to retire from politics as the Alliance for Credible Elections will sensitise and mobilize Nigerians against any form of electoral fraud and irregularities.