MID-WEEK ESSAY: Local Council Polls and INEC - A Funny Game Is Going On Here!
By
Mobolaji E. Aluko
Burtonsville, MD, USA
April 11, 2002
INTRODUCTION
Ladies and gentlemen, it may just be me, but a funny game is going on, being played by Dr. Guobadia of INEC, president Obasanjo of Nigeria, the Supreme Court of Nigeria - and the Nigerian electorate.
Some people want to fool us.
First, a bit of history. On June 8, 1998, General Abacha died, and General Abdusalami Abubakar took over. On July 20, 1998, Abubakar formally abandoned the old Abacha-self-succession transition program - disbanding the "five party-fingers of the leprous hand," voter registration, the existing National Electoral Commission of Nigeria (NECON), consigning everything to the ash heap of history. On August 6, 1998, Abubakar named a 14-person "Independent" National Electoral Commission, to be chaired by then 70-year old , former Supreme Court judge Ephraim Ibukun Omorose Akpata, from Edo State. Party registration and election guidelines were released September 8, 1998, and fresh voter registration began on October 5, 1998 and ended 19 October. It was followed by the display of preliminary list of voters, for claims and objections that were to be filed during the period for 20-22 October. On October 19, 1998, nine political parties out of 29 that applied were granted provisional registration by INEC as the outcome of the upcoming local government poll was to determine whether they will be given full registration. The parties were - in case we have forgotten - People Democratic Party , the All People's Party, the Alliance for Democracy, Democratic Advanced Movement, Movement for Democracy and Justice, National Solidarity Movement, Peoples Redemption Party, United Democratic Party and United Peoples Party.
The first major test - local government poll - was held 5 December, 1998. On December 14, 1998, based on the LG poll results, INEC registered only PDP, APP and AD for the subsequent elections.
The electoral commission used 111,430 polling stations nationwide while the number of wards in the 776 local councils was 8,692. It appeared that N3.5 billion was adequate to carry out all the electoral work during the transition programme.
At that time, INEC estimated that the country had 60 million eligible voters of 18 years and above.
Let us pause right there a little. Assume that citizens aged 18 to 78 were around to vote in Nigeria, then roughly the eligibility estimate means that roughly 1 million people per voting age bracket existed in 1998. Some of those people have since died and hence changed their addresses permanently - to heaven hopefully. Others have moved on Earth from where they last voted and so need re-registration. Some have turned 18 since then - at least those who were 14 in 1998. A few who were skeptical about the Abubakar transition program then and did not register might have a new mind now. Patapapa, from a material balance point of view, I don't however think that we can have more than 3 million net new voters per year needing re-/registration based on our population. I am even being generous, because the bulk of new voters would come from the new 18-year-olds and above.
So since 1998, we cannot really need to register more than 12 million new voters - or a fifth of what we needed in 1998, and hence theoretically a fifth of the time.
Let us fast forward..
On January 8, 2000, Justice Akpata, now aged 72, died, and was soon replaced by president Obasanjo (president since May 29, 1999) with then 68-year-old Dr. Abel Ibude Guobadia, also of Edo State, a physicist and former ambassador. Guobadia's Senate approval came May 17, 2000, and he assumed duty May 26, 2000.
Again, let us stop right there. If Guobadia, now 70 years old, had been as efficient as Akpata, then 70 years old, he should have commenced his first MAJOR poll registration on July 25, 2000, ended the registration on July 28, 2000, checked for errors July 29 - 31, 2000, and be ready for his first full Local Government poll on September 25, 2000.
Now, today is April 11, 2002, almost two years after he assumed duty, and he has done no voter registration, and he says that he cannot do voter registration any time before May 29, 2002, not to talk of a local government poll in order to clear out councillors who would have done their three-year term.
What that clearly means to all unbiased minds, according to the data before us, is that Justice Akpata dusts Dr. Guobadia in efficiency.
EXCUSES, EXCUSES!
Now, of course Dr. Guobadia says he is harmstrung due to (i) uncertainties about the Electoral Act and (ii) lack of money.
Let us dismiss Excuse (i) as lame. Nothing in the Electoral Act debated so far affected anything about voter registration. After all, the voter's age minimum did not change from 18, so every year since 1998, the voter registration should have been updated. It is simply crazy to wait until around election time comes before updating the voter registration. That is no way to run a train station.
About Excuse (ii), money. Ok, fine - but who supplied judge Akpata his own money? General Abubakar! If I remember rightly, some people in the international community chipped in too! Now, who should have supplied Dr. Guobadia the money? President Olusegun Obasanjo - and maybe some of his many international community friends that he visits ever so frequently!
Conclusion? Between Obasanjo and Guobadia, a lot has slipped between the cup and the lip - and it has spilt and made a mess on us Nigerian citizens and the image of our country. On this issue of electoral democracy, the clear conclusion is that Abubakar is better than Obasanjo, and Akpata is better than Guobadia - although one must admit that Guobadia is guilty with explanation.
But questions abound: Is this any way to run a country in a democracy, when a vital aspect of it - elections - start with such an exercise as voter registration, and that voter registration is so much neglected? Why should president Obasanjo neglect to fund INEC, when he is able to fund the National Assembly, his own travels, that Abuja Stadium, etcheram, ad nauseum? Who else can we blame here?
Another question: Why should Dr. Guobadia hang on to a job when the person who put him there is not supportive enough to give him adequate money to do the job? A basic job such as voter registration?
Well, even if we were born at night, it was not last night, so we can guess what is happening. The funny game that is going on appears to be as follows: it had been determined somewhere all along that all effort should be made to prevent the Local Council elections from being run this year, hence the attempt by the Executive and some in the Legislature to smuggle some clauses in the Electoral Act 2001 - extending the tenure of the chairmen by fixing their new elections to 2003. So don't update the voter register and plead unreadiness. But the Supreme Court was not let into the deal, so its ruling on March 28 declaring that extension by the National Assembly illegal and ultra-vires has INEC and the Executive trumped.
So now the new trick question: no new register, how can we have local council elections?
Who says that we cannot? Certainly not the Constitution - which does not stipulate new register as a precondition for new elections - or the Electoral Act itself, since it is the State Assemblies that can fix the date.
More questions than answers.
SUGGESTED NEW DATES
What to do now? The 36 State Independent Electoral Commissions have fixed a date of May 18 for the local government elections, but I wish to be both pragmatic and logical - and to avoid legal wrangles later on.
So let us start counting dates from March 28 - that is the date of the Supreme Court ruling - and take some cue from Abubakar/Akpata's "efficiency":
1. President Obasanjo should release money to INEC's Dr. Guobadia without further delay. Something like N4 billion should be OK for now. If he does not release the money, he should be censured, then if he persists, impeached, period. The old voter registration used and May 18 be set as the LG poll date. That dereliction would be a fatal blow to democracy.
2. We will assume that president Obasanjo will do the right thing. Then let new voter registration begin May 15 - 22, and list checking be from May 23-24. Those who have not moved since 1998 need not to re-register. I don't expect really more than 10 million new registrants.
3. New political parties should be registered by May 24, 2002. All comers please - if tiny Sierra Leone can have 15 parties, what is the problem with Nigeria?
4. Let the local government council elections be held Saturday, July 27, 2002.
5. All new councillors be sworn in Saturday, August 3, 2002.
6. Obviously, that means that we will be extending the tenure of the local council members from May 29 to August 3. If we don't like the phrase "extending the tenure", we can ask them to sign out as elected members at noon on August 29, and then sign back in as unelected caretaker committees at 1 pm May 29.
7. All the above actions should be backed by STATE LAW, passed by the various STATE ASSEMBLIES.
8. It should be noted that there is NOTHING in the Constitution that implies that ALL the States should act in consonance with each other with respect to fixing their local government elections. Therefore, those states that want to go ahead with May 18 - for example the PDP states - can go ahead. Those states that want to take my advice of postponement are welcome to do so!
That is in the spirit of federalism.
It is as simple as that. Let us just stop right there for now and watch developments. One just wished that our Executive and INEC had greater democratic instincts in order to save us from these hassles.
____________
Bibliography
http://allafrica.com/stories/199808070210.html
Abubakar Appoints Electoral Commissioners Panafrican News Agency August 7, 1998
http://allafrica.com/stories/199810040064.html
Nigerian Voter Registration Begins Monday Panafrican News Agency October 4, 1998
http://allafrica.com/stories/199810050126.html
Voters Turn Out To Register P.M. News (Lagos) October 5, 1998
http://allafrica.com/stories/199810190107.html
Nine Parties Cleared to Contest Polls P.M. News (Lagos) October 19, 1998
http://allafrica.com/stories/199812140124.html
INEC Okays 3 Parties for New Polls P.M. News (Lagos) December 14, 1998
http://allafrica.com/stories/200005180274.html
Nigeria Gets New Electoral Boss Panafrican News Agency May 18, 2000
http://allafrica.com/stories/200007050253.html
2003 Elections: Agenda For Guobadia The Post Express (Lagos) July 4, 2000
http://allafrica.com/stories/200103260247.html
An Umpire Faces a Litmus Test This Day (Lagos) OPINION March 25, 2001
http://allafrica.com/stories/200105230296.html
The Controversial Umpire Tempo (Lagos) ANALYSIS May 31, 2001
LG Elections: New Associations Ruled Out New political associations seeking registration with the Independent National Electoral Commission (INEC) may not be allowed to participate in the local government elections if the State Independent Electoral Commissions (SIECs) insist on the May 18 deadline.
http://allafrica.com/stories/200204090313.html
LG Polls: Register New Parties Now - Reps Direct INEC HOUSE of Representatives on Monday mandated the Independent National Electoral Commission (INEC) to commence registration of new political parties now following last month's Supreme Court's ruling on council polls. The House in a move that may have pulled the rug off the feet of governors over the election, which they insist must hold on May 18, warned that conducting any election without first ...
http://allafrica.com/stories/200204090199.html
House to INEC: Register New Parties Now Commission says no new parties without Electoral Act, okays old voters' register for council polls
http://allafrica.com/stories/200204090055.html
Open Voting System for May LG
Polls - Osoba
THE open voting system will be used in electing local government
chairmen and councillors nationwide next month, according to Gov.
Olusegun Osoba.
http://allafrica.com/stories/200204090576.html
AD Opposes LG Polls in May The Alliance for De-mocracy (AD) has kicked against the conduct of local government elections on May 18 as proposed by State Independent Electoral Commissions (SIECs).
http://allafrica.com/stories/200204090317.html
http://www.thisdayonline.com/news/20020410news01.html
House Seeks New Voters' Register Now This Day April 10, 2002
http://www.vanguardngr.com/news/articles/2002/April/10042002/f1100402.htm
Guobadia, INEC boss warns on May LG polls </O:P Vanguard, April 10, 2002
LG Polls: the Bottlenecks Ahead
Even as the ruling People's Democractic Party, PDP, has fixed May 18 for
council polls, feelers from the Independent National Electoral
Commission, INEC, show that it might not be prepared for the exercise.
The implication of this, as Samuel Ajayi writes, is that all
stakeholders (governors, INEC political parties have to dialogue on the
way forward).
http://allafrica.com/stories/200204100076.html
Nigeria's electoral agency says May 18 poll should be postponed Wed, 10 Apr 2002 14:20:09 PDT
LAGOS, April 10 (AFP) - The head of Nigeria's national electoral agency said on Wednesday the country's May 18 local elections should be postponed until the voters' register could be updated.
"I think the May 18 local government elections would be flawed (if the list was not updated) on the grounds that those of voting age would be disenfranchised," electoral agency chairman Abel Goubadia told the Vanguard newspaper in an interview.
The heads of the State Independent Electoral Commission (SIEC) met last Friday in Abuja and set May 18 as date for the election of officials to Nigeria's 774 local government councils.
They also agreed to use the old voters' register for the poll beacuse the time available was not sufficient for a new register to be compiled.
On Wednesday the electoral agency surrendered the 1999 voters' register to the SIEC but warned it would be wrong to use it.
"The State Independent Electoral Commission officials have approached me for a copy of the 1999 voters' register," Goubadia told national television.
"I have told them that they can have it for their own use," he said.
The election date was set against the background of a judgment by the Supreme Court that ruled against the extension of the tenure of the current local government councils.
Since the date was announced, many people have raised objections against the use of the outdated electoral register, arguing that some citizens will be prevented from voting.
State governors across the country, the most populous in Africa, agree the poll should be held on May 18.