International Republican Institute (IRI) has been released on the
just-concluded governorship and house of assembly elections, raising
concerns over heavy Military Presence in some states.
Addressing a press conference in Abuja on Monday on the preliminary report
on the March 9 governorship election, the group condemned the heavy
military presence in some parts of the country leading to disruption of
the electoral processes.
The group also recommended the creation of appropriate institutions to
oversee political parties and prosecute electoral offences.
SEE FULL TEXT OF THE REPORT:
Preliminary Statement of the Joint NDI/IRI International Observation
Mission to Nigeria’s March 9 Gubernatorial and State House of Assembly
Elections
March 11, 2019 Abuja, Nigeria
I. OVERVIEW
This preliminary statement is offered by the international observation
mission of the International Republican Institute (IRI) and the National
Democratic Institute (NDI) to Nigeria’s March 9, 2019 gubernatorial and
state House of Assembly elections. The 20-person mission, with members
from 11 countries, was co-led by Dr. Christopher Fomunyoh, Senior
Associate and Regional Director for Central and West Africa (NDI), and
John Tomaszewski, Regional Director for Africa (IRI). The mission visited
Nigeria from March 4 – 11, 2019, and deployed 10 observer teams to 10
states covering all six geo-political zones and the Federal Capital
Territory (FCT). The IRI/NDI deployment for the March 9 elections
underscores the significance of the state level polls for the
consolidation of democracy in Nigeria.
Through this statement, NDI and IRI seek to reflect the international
community’s interest in and support for democratic electoral processes in
Nigeria; provide an accurate and impartial report on the electoral process
to date; and offer recommendations to consolidate democratic gains and
improve future elections. The mission builds on the findings of three
joint IRI/NDI pre-election assessments conducted in May, September and
December 2018; an observation mission deployed for the February 23
national elections; reports submitted by members of the NDI/IRI mission
observing the March 9 state-level polls; and additional reports prepared
by thematic technical experts and in-country staff.
The mission conducted its activities in accordance with Nigerian law and
the Declaration of Principles for International Election Observation. The
mission collaborated closely with the European Union (EU) observation
mission and with Nigerian citizen observer groups. The IRI/NDI mission is
grateful for the hospitality and cooperation it received from all
Nigerians with whom it met, especially voters, government officials, the
Chairman and members of the Independent National Election Commission
(INEC) and polling officials, party members and candidates, citizen
election observers, civic activists and members of the National Peace
Committee (NPC).
Summary of Findings
Many Nigerians continue to underscore the particular significance of the
March 9 state level elections. Under Nigeria’s federal system, the 36
states and FCT are the pillars of the country’s democratic architecture
where the decisions that impact citizens’ everyday lives are made.
Moreover, it is easier for citizens to hold to account elected leaders at
the state level than those at the federal level, because their actions
affect local services more directly. While a marked improvement was seen
in the administration of the March 9 state-level elections compared to
February 23, and the electoral environment was generally calm in most
parts of the country, the elections our delegation observed were marred by
irregularities, instances of intimidation, vote-buying and violent acts
during the voting, counting, and collation processes in some places.
Incidents of violence and disruption to the balloting process were
observed in Lagos, Benue, Rivers, and Nasarawa states. The delegation was
informed of the loss of life as a result of election-day violence. The
mission deplores these losses and expresses its deepest condolences to the
bereaved and to the Nigerian people. These actions and the impunity with
which some electoral actors conducted themselves, including some polling
agents and members of the military, undermine citizen confidence in
elections and threaten the legitimacy of Nigeria’s democracy.
In the days leading up to the March 9 elections, many states still
grappled with inconclusive candidate selection processes, uncertainty
about the parties to appear on the ballot and pending litigation on these
matters. The confusion generated by this uncertainty hampered effective
campaigning, and hence hindered voters’ ability to make informed choices
on election day. For the most part, political parties were unable to
resolve disputes emanating from party primaries and candidate selection
processes through internal mechanisms. As a result, many aggrieved
individuals petitioned courts of law for redress, overtaxing INEC and the
country’s legal system.
Moreover, the intense focus on federal campaigns for the presidency and
National Assembly so close to the state-level polls overshadowed local
campaigns and may have also undermined the mobilization of voters for the
March 9 elections. There were very few women in winning positions on the
tickets fielded by major political parties for the gubernatorial and state
House of Assembly polls. Despite being Africa’s largest democracy, Nigeria
has the lowest representation of women in national legislative office of
any country on the continent, and this representation will likely fall
below five percent following the February 23 National Assembly vote. This
is not a record to be proud of. Finally, many Nigerians expressed deep
concerns about the militarization of the election process.
The NDI/IRI mission stresses that this statement is preliminary in nature;
the collation and announcement of final results has not concluded, and IRI
and NDI will continue to watch the remaining phases of the electoral
process. The mission recognizes that, ultimately, it is the people of
Nigeria who will determine the credibility of these elections. As the 2019
electoral cycle comes to a close, NDI and IRI call on all electoral
stakeholders in the immediate post-election period to take stock of and
build consensus on priority electoral reforms in order to rebuild popular
confidence in advance of future elections.
I. The Context Leading Up to State-Level Elections
On March 9, gubernatorial races were held in 29 states and state House of
Assembly elections were held in all 36 states. Area council elections
occurred in FCT. In 19 states, incumbent governors sought reelection.
Heading into the March 9 polls, the All Progressives Congress (APC)
controlled the governorship and state House of Assembly in 22 states,
while the Peoples Democratic Party (PDP) controlled 13 states, and the All
Progressives Grand Alliance (APGA) one. Supplementary elections were also
organized on March 9 for seven Senate and 25 House of Representatives
seats in 14 states where polls were suspended on February 23 due to
violence or other disruptions.
The gubernatorial, state House of Assembly, and supplementary elections
were conducted in a context of lingering tensions in the immediate
aftermath of the February 23 national-level polls. Moreover, numerous
electoral disputes from last year’s party primaries are still being
litigated in the courts, creating uncertainty about the status of
individual candidates in certain gubernatorial and state House of Assembly
races.
Significance of state-level elections: Gubernatorial elections are a
better indicator of the strength of respective political parties within
each locality as opposed to elections for offices at the federal level.
Governors manage state budgets and play an important role in mobilizing
grassroots support. Similarly, state Houses of Assembly exercise crucial
oversight authority over state executives and legislate on local concerns.
State-level elections are fiercely contested, as various groups compete
for access to public office and resources, and engage patronage networks
at the local level. Intra-state politics can exacerbate pre-existing
ethnic and religious tensions. The delegation heard concerns that in
states such as Lagos and Kaduna, ethnic or religious divisions create
fault lines that could become drivers of election-related violence.
Inconclusive candidate selection processes: The absence of internal party
democracy and the lack of effective mechanisms for resolving intra-party
disputes contributed to highly contentious party primaries in 2018 which
resulted in more than 600 pending court cases, some of them to resolve
candidacies for state-level offices. As one respected Nigerian commented,
“parties and candidates are relying on the court system to resolve
problems caused by their own opaque candidate selection processes.” In the
lead-up to the gubernatorial elections, court rulings on the eligibility
of parties and candidates in several states were issued within days of the
polls. Last-minute legal proceedings and uncertainty about which parties
would be on the ballot created confusion among voters and may have
hindered effective campaigning by parties and candidates. These legal
wrangling also posed significant challenges in election planning for INEC
and overburdened the legal system.
INEC Communication: After the one-week postponement of the presidential
and National Assembly polls on February 16, INEC increased public outreach
and communications, including through regular press briefings. However,
while some information sharing continued at the state-level through
Resident Election Commissioners (RECs), the frequency of communication
from INEC headquarters declined following the national elections. Only on
March 9 the day of the elections did INEC publicize the names of the
winners of the Senate and House of Representative elections and the list
of constituencies and polling units where supplementary elections were to
hold. Additionally, INEC has yet to release detailed results from the
national polls, has not responded publicly to questions about the
discrepancy in the number of registered voters announced during the
collation process, nor explained the high number of cancelled votes in the
February 23 polls.
Lack of Women’s Representation: The percentage of women candidates running
for governor and deputy governor increased slightly this year from 6 and
17 percent respectively in 2015 to 8 and 26 percent. However, the two
major parties did not field any women candidates for governor.
Additionally, of the 276 women running for deputy governor, only five were
candidates from APC or PDP. Similarly, of the nearly 1,900 women running
for state House of Assembly seats, only 75 are from APC or PDP. As was the
case for the February 23 national elections, the vast majority of women
candidates for state-level elections ran on the tickets of newly created
parties, with little prospect of winning elected office.
Thus far, the Nigerian government has not applied the 35 percent
affirmative action principle included in the 2006 National Gender Policy,
and the National Assembly has repeatedly missed opportunities to adopt
legislation that would support greater participation of women in politics.
A Gender and Equal Opportunities Bill has been before the National
Assembly since 2010.
Election-related Insecurity: In the lead-up to the March 9 polls,
representatives of the two major parties accused each other of planning to
disrupt the electoral process in various states, and the mission received
reports of a spike in violent confrontations between APC and PDP
supporters. In Akwa Ibom, an alleged arson at the INEC office in Ibesikpo
Asutan LGA on March 8 destroyed smart card readers, and INEC had to
mobilize nearly 200 replacements from other states within 24 hours. In
this context, the INEC chairman felt compelled to state publicly that the
commission would not declare any winners in cases of electoral
malpractice, including cases in which INEC officials may be forced under
duress to declare a winner, as happened in Benue and Imo states during the
February 23 national polls. The killing of some INEC staff and citizens as
a result of the Feb. 23 and Mar. 9 elections, as well as incidents of rape
and other acts of sexual violence against women, are abhorrent acts that
merit serious investigation with the aim of ensuring that perpetrators are
brought to justice. The mission extends its deepest condolences to the
victims and families.
Positive initiatives in the lead up to the March 9 elections: The mission
noted several efforts by political leaders to decrease tensions and foster
the conduct of credible polls. Three days before election day, President
Buhari issued a statement stressing the importance of peaceful state-level
elections, and his main challenger in the presidential race, former Vice
President Atiku Abubakar, used social media to call on PDP supporters to
come out in large numbers and vote peacefully on March 9. In a positive
step that defused tensions during a public demonstration staged by PDP at
INEC headquarters to voice concerns over the role played by some security
agencies during the national elections, INEC commissioners invited PDP
leaders into the building and immediately engaged in discussions to
address their concerns.
Gubernatorial candidates or their parties in 25 states signed peace
accords, committing candidates and their supporters to avoid behavior that
would endanger the peaceful conduct of the elections. This innovation was
an effort to replicate, at the state level, the 2019 Abuja Accord
facilitated by the NPC and signed by all presidential candidates at a
public ceremony on February 13. Some of the state level agreements were
facilitated by the NPC, and others by INEC and the Inter-Agency
Consultative Committee on Elections (ICCES).
Well-respected Nigerian civil society organizations such as CLEEN
Foundation, Situation Room, and YIAGA Africa, maintained efforts at
monitoring the elections to support a credible electoral process. The
Centre for Democracy and Development (CDD) supported balanced and
professional media reporting on the electoral process, in an effort to
curb disinformation and hate speech. Other groups, such as the Youngstars
Development Initiative (YDI), intensified calls for peaceful citizen
engagement in the elections. There were also instances of grassroots
groups, such as Imo Youth, calling for violence-free polls and good
governance.
III. ELECTION DAY OBSERVATIONS
Participation: Overall, voter participation in the polling units observed
by the NDI/IRI mission was low. Women and youth were well-represented as
polling officials, party agents and observers, with a significant number
of women serving as presiding officers in polling units. In addition,
observers found that voting rights for internally displaced persons (IDPs)
were generally respected, with IDPs in Benue and Adamawa permitted to vote
in their camps. However, IRI/NDI observers noted significant impediments
to voting for persons with disabilities and the elderly, as many polling
units were not physically accessible to these voters.
Set-up and Opening: Most polling units that NDI/IRI observed opened on
time and received all essential materials prior to opening. However, in
parts of Lagos, Nasarawa and Kaduna states, observers noted serious delays
in the opening of some polling units. Such delays were generally due to
the late arrival of INEC staff or party agents and the late distribution
of materials from the Registration Area Centers (RACs). In Ikeja LGA in
Lagos, many polling units opened late, some as late as 11:00 am, due to a
strike by polling officials demanding backpay for their services on
February 23. These delayed openings created tension and disorder.
Voting: For the most part, voting was calm and polling officials performed
their duties according to procedure. Overall, observers reported few
instances of overcrowding; however, this may be due to low voter turnout
in many states. In general, accreditation and voting procedures were
followed according to INEC guidelines. Polling officials verified
permanent voter cards (PVCS) using the smart card readers; where
fingerprints could not be authenticated, procedures for manual
accreditation were generally followed and voter details were checked
against the register. Where IRI/NDI observed, there was generally gender
balance among INEC and ad hoc election officials.
NDI/IRI observers reported that smart card readers were functioning in
most polling units. In the few instances where they malfunctioned, the
problem was immediately reported, and voting was suspended until the smart
card reader was replaced. In some polling units in Lagos and Nasarawa
states, the delay caused by malfunctioning smart card readers raised
tension among voters who had been waiting in line for long periods.
As was also noted by IRI/NDI observers during the February 23 polls, the
secrecy of the ballot was not uniformly protected in polling units
observed. Insufficient physical space within some polling units meant
citizens marked and cast their ballots in very close proximity to party
agents, polling and security officials, and the general public. Some
polling units in Lagos State did not have voting cubicles and did not
provide adequate space to protect voter privacy. Moreover, much like the
February 23 elections, instances of assisted voting exceeded the mandate
set out in INEC’s regulations.
Closing: In the majority of polling units where NDI/IRI observed, the
atmosphere at closing and counting remained calm and orderly with polling
officials mostly following procedures outlined in INEC guidelines.
However, in some locations the atmosphere was tense and procedures were
not followed. In particular, observers in Rivers reported party agents
were not given an opportunity to sign the results form; in Akwa Ibom,
party loyalists attempted to disrupt the counting process; in Imo, polling
officials were uninformed about the procedures to handle unused ballots;
and in Nasarawa, polling officials were not provided the means to
transport election materials to the collation center, hindering the
security of sensitive materials. Of most concern, IRI/NDI observers
witnessed a melee in a Benue polling unit when, during the count,
aggrieved voters looking to receive cash for their vote violently
confronted party agents. INEC officials in this polling unit were forced
to stop counting ballots and relocate to the collation center to complete
the process.
Collation: The delegation heard concerns expressed by reputable citizen
observer groups about serious irregularities and violence at collation
centers in many parts of the country. These groups also reported that
observers and party agents were chased away or barred from the collation
centers. IRI/NDI observers similarly noted issues at collation centers in
Adamawa, Benue, Lagos, Nasarawa, and in Rivers state where observers saw
INEC officials flee a collation center due to a rumored threat of an
attack.
Electoral Offences and Violence: Observers reported cases of violence and
intimidation in Imo, Adamawa, and Akwa Ibom states. In this last state,
frustrations rose between party agents and among voters over overt
campaigning in the polling unit. NDI/IRI observers also reported in Benue
that four polling officials were kidnapped as they travelled to the
collation center and that voting had to be rescheduled in at least three
locations where violence occurred. The civil society coalition Situation
Room reported a total of seven deaths by midday, in addition to several
kidnappings in Rivers state. These incidents and the fire in Akwa Ibom
that destroyed smart card readers and voter registers for one LGA on March
8 reinforce the impression of concerted attempts to disrupt the election
process in certain localities.
Overt vote buying in the form of distribution of cash and food inside or
near polling units was observed in Akwa Ibom, Benue, PCT, and Imo.
Notably, open voting in polling units in Akwa Ibom allowed party agents to
see marked ballots and to direct voters to a location near the polling
unit to receive payments. The REC for Benue confirmed an incident whereby
large bags of cash were intercepted by the Economic and Financial Crimes
Commission (EFCC). The EFCC officials were subsequently attacked by party
representatives.
Security services and the military: Police and unarmed security officials,
for the most part, conducted themselves with restraint and professionalism
in polling units where NDI/IRI observed. However, our observers reported a
heavy military presence in some areas, including near polling units, which
heightened tensions and raised fears of imminent military intervention in
the election process. Media and credible observer groups also reported
that the military disrupted the polls in some areas, including in Rivers
state where soldiers deployed heavily around INEC’s office.
Political party agents: As with the presidential and National Assembly
elections, the over-involvement of party agents was widespread in polling
units observed, including instances in Nasarawa and Benue states where
party agents accompanied voters to the voting cubicles and helped them
mark and cast their ballots, in violation of procedure. Finally, the poor
accreditation and training of party agents remains a major hindrance to an
orderly and free voting process. ‘
IV. RECOMMENDATIONS
The delegation heard from many Nigerians that, in comparing the conduct of
the 2019 polls to those of 2015, they are disappointed with the lack of
progress in election administration and with the performance of political
parties in elections. Nigerian democrats recognize that this election
cycle coincides with the 20th anniversary of the country’s transition to
civilian democratic rule. We therefore urge a national conversation on
progress made and vulnerabilities that must be overcome to further
strengthen the credibility of electoral processes and safeguard the
country’s democracy. In the spirit of international cooperation, the
IRI/NDI mission offers the following recommendations:
To the Executive Branch of Government: Expedite the adoption of
comprehensive electoral reforms in order to lay the groundwork for an
improved electoral framework. Implement fully and expeditiously the
recommendations of Nigerian-led reform initiatives such as the reports
from the Uwais Commission (2008) and the Nnamani Committee (2017), and
create appropriate institutions to oversee political parties and prosecute
electoral offences, responsibilities that currently impede INEC’s focus on
election administration.
Adopt and apply measures to achieve the 35 percent affirmative action for
women in both elective and appointive posts as envisioned in the 2006
National Gender Policy. Investigate the actions of the military and hold
accountable those who violated the electoral and other laws.
To the National Assembly:
Undertake and pass amendments to the election law that address the
challenges and lessons learned from the 2019 electoral cycle, and do so
early enough to allow these changes to be implemented before the next
round of state or national elections.
Prioritize legislation that would promote women’s leadership and political
participation, notably by the adoption of the Gender and Equal
Opportunities Bill.
To INEC:
Publish complete and detailed state level results as well as national
results in a timely manner.
Conduct a comprehensive review of the conduct of the 2019 polls that
involves a full spectrum of election stakeholders.
Review the recommendations from credible domestic and international
observer groups to improve the electoral framework and conduct of
elections.
Enhance communications and data management between the state and national
levels to ensure that information about election processes and results are
shared with the public in a timely and transparent manner.
Reconsider the order and timing of general elections in Nigeria to ensure
sufficient time for election preparations and to promote voter
participation and engagement at both the grassroots and national levels.
Fully empower presiding officers to exercise their authority to act on
election offenses when they occur.
To political parties and candidates:
As stated in NDI/IRI’s February 25 statement, there is an urgent need to
strengthen mechanisms for internal democracy, especially to encourage
leadership of women and youth.
Develop internal mechanisms for effective resolution of intra-party disputes.
Work across party lines to identify common priorities and support
electoral reform. Abandon electoral practices such as voter intimidation,
vote buying, and other disruptions of the election process that undermine
citizen confidence in elections and democratic governance.
Develop state-level platforms and policy positions that take into
consideration localized priority issues upon which voters can base their
choices.
Strengthen relationships between party structures and elected
representatives in the National Assembly and at the state level to support
parties’ reform agendas and ensure campaign promises are met in ways that
improve the well-being of citizens.
To civil society:
Convene national and state-level multi-stakeholder dialogues to draw
lessons from the 2019 election process and galvanize broad-based public
support for electoral reform.
Drawing upon lessons learned from the #NotTooYoungToRun campaign and the
passage of the Discrimination Against Persons with Disabilities
(Prohibition) Act, create a broad-based coalition and aggressively
champion coordinated advocacy efforts to increase the political
participation of women. Enhance efforts to channel citizen priorities at
the state and local level to elected representatives and state-level party
structures in an effort to promote more responsive and accountable
governance.
To security agencies:
Work with INEC to enforce the electoral law by investigating and
prosecuting perpetrators of election-related criminal acts.
Investigate and sanction security personnel who violate the rules of
engagement on election day.
Most importantly, we call on the Nigerian people to claim, protect, and
defend their democracy and respect the rights of fellow citizens to
participate peacefully in the political process.
Meaningful democratic progress can only be achieved if Nigerians continue
to champion their civic duties and responsibilities.
V. About the Mission
Both IRI and NDI have deployed international election observation missions
to all general elections in Nigeria since the 1999 transition from
military to civilian democratic rule. NDI and IRI are nonpartisan,
nongovernmental organizations that support and strengthen democratic
institutions and practices worldwide. The Institutes have observed
collectively more than 200 elections in more than 50 countries over the
last 30 years.
The joint IRI/NDI observation mission for the March 9 elections built upon
three NDI/IRI preelection assessment missions conducted in July, September
and December 2018, and an election day observation mission deployed for
the February 23 national polls. The IRI/NDI mission conducted its
activities in accordance with the Declaration of Principles for
International Election Observation, which was launched in 2005 at the
United Nations, and the laws of Nigeria. It also considered international
and regional electoral standards, including the African Union (AU) African
Charter on Democracy, Elections and Governance, as well as the Economic
Community of West African States (ECOWAS) Protocol on Democracy and Good
Governance.
The delegation’s work was funded by the United States Agency for
International Development (USAID).