AFRICAN UNION COMMISSION
AFRICAN UNION ELECTION OBSERVATION MISSION TO THE 2015 GENERAL ELECTIONS IN THE FEDERAL REPUBLIC OF NIGERIA
FINAL REPORT
June 2015
African Union Election Observation Mission Report: Nigeria 2015
Table of Contents I. INTRODUCTION ...... 12
II. OBJECTIVE AND METHODOLOGY ...... 14
(a) Objective ...... 14
(b) Methodology ...... 14
III. PRE-ELECTION FINDINGS ...... 16
(a) Political Context of the 2015 Elections ...... 16
(b) Constitutional and Legal Framework ...... 17
(c) Electoral System ...... 18
(d) Election Management ...... 19
(e) Voter Registration ...... 20
(f) Political Party and Candidate Registration ...... 21
Table 1: List of Registered Political Parties ...... 21
Table 2: List of Presidential Candidates and Running Mates for the 2015 Elections .... 22
(g) Electoral Campaign and Campaign Finance ...... 23
(h) Participation of Women and Youth ...... 25
(i) Civic and Voter Education ...... 26
(j) Role of Civil Society Organisations ...... 26
(k) The Role of the Media ...... 27
(l) Preparedness of INEC ...... 28
IV. ELECTION DAY FINDINGS – PRESIDENTIAL AND NATIONAL ASSEMBLY ELECTIONS ...... 29
V. POST-ELECTION DEVELOMENTS AND FINDINGS OF THE PRESIDENTIAL AND NATIONAL ASSEMBLY ELECTIONS ...... 31
(a) The Result Management and Tallying Process ...... 31
Table 5: Results of the Presidential Election ...... 31
(b) Complaints and Appeals ...... 32
VII. CONCLUSION AND RECOMMENDATIONS ...... 36
(a) Conclusion ...... 36 (b) Recommendations ...... 36
To the Government: ...... 36
To INEC: ...... 36
To Parliament: ...... 37
To Political Parties: ...... 38
ANNEXURE 1: DEPLOYMENT PLAN ...... 39
ANNEX 2: OBSERVER ORIENTATION AND BRIEFING PROGRAMME ...... 42
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African Union Election Observation Mission Report: Nigeria 2015
ACKNOWLEGEMENT
The AUEOM is grateful for the support it received from a number of individuals and institutions that helped ensured its Mission in Nigeria was a success. The Mission first and foremost expresses appreciation to the Government of the Federal Republic of Nigeria and the Independent National Electoral Commission for extending an invitation to the African Union (AU). This clearly demonstrated their openness and willingness to subject the electoral process to international scrutiny. The AUEOM wishes to express special gratitude to His Excellency Professor Amos Sawyer, former Interim President of the Republic of Liberia, who, along with Professor Ibrahima Fall, former Foreign Minister of the Republic of Senegal, and Her Excellency Dr. Aisha Laraba Abdullahi, Commissioner for Political Affairs of the African Union Commission (AUC), provided leadership for the Mission. Their wealth of experience and insights strengthened the work of the Mission. The AUEOM also acknowledges the contribution of all its observers, especially the Long-Term Observers (LTOs), who travelled to multiple, difficult locations and provided regular regional analysis that formed the basis of the Mission‟s public statements and observations about the elections. The Mission‟s work in Nigeria would not have been possible without the dedication and commitment of its technical staff from the African Union Commission and the Electoral Institute for Sustainable Democracy in Africa (EISA) who, collectively, were the primary drafters of this report and other statements issued by the Mission.
LIST OF ABBREVIATIONS/ACRONYMS
A Accord AA Action Alliance ACD Advance Congress for Democrats ACDEG African Charter on Democracy, Elections and Governance ACPN Allied Congress Party of Nigeria AD Alliance for Democracy ADC African Democratic Congress APA African Peoples Alliance APC All Progressive Congress APGA All Progressives Grand Alliance AUC African Union Commission AUEOM African Union Election Observation Mission CPP Citizens Popular Party CSO Civil Society Organisation DPP Democratic Peoples‟ Party EISA Electoral Institute for Sustainable Democracy in Africa EMB Election Management Body FCT Federal Capital Territory FRESH Fresh Democratic Party HOPE Hope Democratic Party ID Independent Democrats INEC Independent National Electoral Commission IPAC Inter-Party Advisory Council KP Kowa Party LP Labour Party LTOs Long Term Observers MPPP Mega Progressive People Party NBC Nigeria Broadcasting Corporation NCP National Conscience Party NEDG Nigeria Election Debate Group NNPP New Nigerian Peoples Party NOA National Orientation Agency NPC National Peace Committee
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African Union Election Observation Mission Report: Nigeria 2015
PAP Pan-African Parliament PDC Peoples for Democratic Change PDM Peoples for Democratic Movement PDP Peoples Democratic Party PPA Progressive Peoples Alliance PPN Peoples Party of Nigeria PVCs Permanent Voter Cards RECs Resident Electoral Commissioners SCRs Smart Card Readers SDP Social Democratic Party STOs Short Term Observers UDP United Democratic Party UPN Unity Party of Nigeria UPP United Progressive Party
EXECUTIVE SUMMARY
The African Union (AU) deployed an Election Observation Mission (EOM) to the 2015 General Elections in the Federal Republic of Nigeria from 2 February to 16 April 20151, following an invitation from the Federal Government and the Independent National Electoral Commission in Nigeria. A total of 84 observers, comprising 14 long-term observers (LTOs) and 70 short-term observers (STOs) were deployed to cover 5 out of the 6 geopolitical regions, and 20 out of 36 States in Nigeria.
The AU deployed long-term and short-term observers to Nigeria with the objective of providing a critical and impartial assessment of the preparations and conduct of the 2015 elections and the extent to which they are compliant with regional, continental and international principles for democratic elections to which Nigeria has committed itself. To achieve this, AUEOM observers closely followed the electoral process and held consultations with several stakeholders in Nigeria. The leadership of the Mission also held consultations with key stakeholders in the country. The AUEOM assessed the 2015 General Elections in Nigeria in conformity with relevant regional, continental and international principles governing democratic elections, as well as the national legal framework for elections in Nigeria2.
Based on observations and consultations held before, during and after the 28 March 2015 Presidential and National Assembly elections and the 11 April 2015 Gubernatorial and State Assembly elections, the AUEOM made the following findings and conclusions:
The 2015 General elections in the Federal Republic of Nigeria constituted an important opportunity for deepening democracy in the country. The elections were the fifth consecutive in Nigeria‟s Fourth Republic and presented an important step towards consolidation of democracy in the country since the return to civilian rule in 1999. The emergence of a new opposition party – the All Progressive Congress (APC) in 2013 reconfigured the contest for the 2015 elections.
The pre-election environment was characterised by heightened concerns about security, particularly in the northeast part of the country. There were also political uncertainties relating to the legal challenges made against the
1 . Actual deployment dates are: LTOs deployed from 2 to 23 February; and redeployed from 14 March to 16 April; STOs deployed from 20 to 31 March. 2 These include: the 2007 African Charter on Democracy, Elections and Governance; the 2002 OAU/AU Declaration on the Principles Governing Democratic Elections; the 2002 AU Guidelines for Electoral Observation and Monitoring Missions; the 2001 ECOWAS Protocol on Democracy and Governance; the 2005 Declaration of Principles for International Election Observation and its accompanying Code of Conduct which the AU endorsed in 2005; the XXX Constitution of Nigeria and the 2010 Electoral Act (as amended).
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eligibility of the APC and PDP presidential candidates, the postponement of the elections from 14 and 28 February to 28 March and 11 April, respectively, and challenges associated with the introduction of biometric voter registration and verification technologies – Permanent Voter Cards (PVCs) and Smart Card Readers (SCR) – all of which contributed to the heightening of the already tense political environment.
The introduction of biometric technologies during voter registration and voting process greatly enhanced the integrity and credibility of the electoral process, despite the challenges experienced. For instance, the introduction of biometric registration and PVCs allowed the INEC to detect and remove duplications and multiple registrations totalling 15,718,756 – being 14.8% of registered voters before the commencement of the continuous voter registration. The AUEOM commended efforts by the INEC to ensure that Nigeria has a credible voter‟s register through the introduction and use of biometric registration technologies.
The people of Nigeria largely demonstrated patience and resolve to have a peaceful democratic process, in spite of the uncertainties and apparent delays that characterised the elections. Although most of the polling units visited by AU observers opened late, mainly due to late arrival of polling personnel and election materials, there were long queues of voters waiting patiently to be accredited, thus manifesting the resolve to exercise their franchise.
The two-stepped process of issuance of PVCs where voters were first issued with temporary voter cards and then returned later to collect their PVCs posed major operational challenge in the process, particularly in the distribution of PVCs. However, the AUEOM noted the efforts made by INEC to step-up the distribution of PVCs, by collaborating with local government authorities. The AUEOM Noted that, out of a total of 68,833,476 registered voters, 81.98% of voters had collected their PVCs on the eve of the polls.
The polling process was generally peaceful despite some isolated incidence of violence reported in Bayelsa and Enugu states. The AUEOM commended the security agencies for their professional conduct in ensuring a peaceful atmosphere exists throughout the electoral process.
The polling process, which included accreditation, voting and counting, was generally transparent and took place in the presence of international and citizen observers, as well as political party agents. The location of polling units in open spaces naturally subjected the process to open scrutiny by voters throughout the day. The AUEOM, however, noted that not all political parties and citizen observers were represented in all polling units visited, thereby diminishing their ability to effectively observe the polling process.
The two-step voting process, comprising accreditation and voting, was found to be a challenge as voters had to wait for a long time after accreditation before they were eventually allowed to cast their votes. The AUEOM noted that this might have been a contributing factor to the generally low voter turnout, as some voters might not have had the patience to wait that long, especially if faced with other pressing things to do.
The polling personnel in most polling units observed managed the polling operations in a professional manner amidst operational challenges such as failure of the Smart Card Readers. However, the AUEOM noted some instances where polling personnel did not follow the procedures. For instance, in some polling units observed, the polling personnel recorded names on plain papers rather than using the duly recognised incident forms for voters who could not be authenticated by the Smart Card Readers.
There was commendable high participation of women in the polling process in various capacities. In all polling units visited, 38.9% of polling personnel and 39.5% of citizen observers were women. However, the AUEOM noted that only 18% of party agents at polling units visited were women, thus manifesting limited consideration for their representation by political parties.
The INEC‟s preparation for the 2015 elections took place within a context of uncertainties, including pending electoral reforms, security and logistic challenges, which impacted on the operational preparedness for the polls. The production and distribution of the PVCs was observed as one of the major challenges faced by INEC in its preparations for the elections. For instance, on 7 February 2015, the day on which the elections were postponed, only 66.8% of PVCs had been distributed, yet this was only a week before the initial date of the polls. Had the election been conducted as scheduled, this would have disenfranchised a significant number of registered voters, with its dire consequences for the country.
The 2015 elections were conducted within the framework of the 1999 Constitution (as amended) and the Electoral Act of 2010 (as amended). In line with the OAU/AU Declaration on Principles Governing Democratic Elections in Africa, the Constitution provides for fundamental political and civil rights for citizens, thus guaranteeing the exercise of choice of leaders through the ballot. The Constitution provides for the holding of regular elections through direct universal adult suffrage. The AUEOM, however, noted that the right to vote is only limited to resident citizens and excluded a large number of Nigerians in the diaspora. However, the AUEOM noted that this did not
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appear to be of a major concern to political stakeholders, as no one raised any issue regarding this arrangement.
The post-electoral context leading to and after the announcement of 28 March 2015 elections was generally peaceful. The INEC officially announced the presidential results on 1 April 2015, and the opposition APC candidate, General Muhammadu Buhari, was declared winner of the presidential elections, after garnering 15,424,921 votes against 12,853,162 of the incumbent PDP candidate President Goodluck Jonathan.
The political environment leading up to the 11 April Gubernatorial and State Assembly elections was also generally peaceful. Despite concerns about post-election violence in some states – concerns based on historical antecedents and the heated campaigns between the two leading parties – both elections the 28 March and 11 April 2015 elections went on peacefully, except for the isolated incidences of violence reported in few states.
In view of its observations and findings, the AUEOM concluded that the 28 March 2015 elections were conducted in a largely transparent and peaceful manner and within a framework that satisfactorily meets continental and regional principles of democratic elections. The AUEOM commended the political leaders and people of Nigeria for their strong commitment to upholding democratic principles in the face of notable security, political and technical challenges. The AUEOM further commended the INEC for the measures it took to enhance the integrity and credibility of the electoral process. The AUEOM also appreciated the role played by the security agencies for ensuring that the election environment remained generally peaceful.
The AUEOM made the following recommendations for improvement of future electoral processes in Nigeria:
The Government to sustain efforts to ensure that electoral security is guaranteed at all times.
The Government to ensure that funds for electoral programmes and operations are released in good time to INEC. It was observed that the main challenge faced by INEC with the printing and distribution of the PVCs was due to the late disbursement of funds from the Government.
The INEC to improve on the overall planning and implementation of electoral operations, in particular, to consider reviewing the voter registration methodology in order to enhance the issuance of PVCs as well as reviewing election day procedures to make them less cumbersome in future.
INEC to allocate ample time for testing of biometric technology and ensure adequate preparation for unforeseeable technical challenges during polling.
The National Assembly (Parliament) to look into the pending legal reforms in order to improve the legal framework governing elections in Nigeria.
Political Parties to undertake measures to enhance participation of women in the electoral process. Parties should also undertake measures to improve monitoring of elections.
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I. INTRODUCTION
1. At the invitation of the Independent National Electoral Commission (INEC) of Nigeria and the Government of the Federal Republic of Nigeria, the Chairperson of the African Union Commission, Her Excellency Dr. Nkosazana Dlamini-Zuma, authorised the deployment of an African Union Long-Term and Short-Term Election Observation Mission (AUEOM) to the 28 March 2015 Presidential and National Assembly and 11 April 2015 Gubernatorial and State Assembly elections in the Federal Republic of Nigeria.
2. His Excellency, Professor Amos, former Interim President of the Republic of Liberia headed the AUEOM, and was deputised by Professor Ibrahima Fall, former Foreign Minister of the Republic of Senegal. Her Excellency Dr. Aisha Laraba Abdullahi, Commissioner for Political Affairs of the African Union Commission, also supported the AUEOM.
3. The AUEOM comprised 84 long-term and short-term observers drawn from various African countries representing the African Union Permanent Representatives' Committee (PRC), the Pan-African Parliament (PAP), African Election Management Bodies (EMB), Civil Society Organisations (CSOs) and independent elections experts from several African countries3.
4. The AUEOM derives its mandate to observe the 2015 elections in Nigeria from relevant provisions of African Union democracy and governance instruments, including the African Charter on Democracy, Elections and Governance (ACDEG) which came into force on 15 February 2012; the AU/OAU Declaration on the Principles Governing Democratic Elections in Africa (AHG/Decl. 1 (XXXVIII); the African Union Guidelines for Election Observation and Monitoring Missions - both adopted by the Assembly of the African Union Heads of State in July 2002; and the African Peer Review Mechanism (APRM) Process. The AUEOM‟s mandate is further strengthened by other relevant regional and international benchmarks for election observation, such as the 2001 Economic Community of West African States (ECOWAS) Protocol on Democracy and Good Governance; the Declaration of Principles for International Election Observation and its accompanying Code of Conduct which the AU endorsed in 2005; and the national legal framework governing the conduct of elections in Nigeria.
5. This report presents the AUEOM‟s overall and final assessment of the 2015 electoral process in Nigeria, and comprises details of the Mission‟s observations, findings and recommendations. The AUEOM‟s assessment of the elections is
3. Botswana, Chad, Congo Democratic Republic, Cote d‟Ivoire Cameroon, Egypt, Ethiopia, Gambia, Guinea, Ghana, Kenya, Liberia, Malawi, Sierra Leone, South Africa, Saharawi Arab Democratic Republic,Uganda, Zambia, Zimbabwe. based on the principles and standards for the conduct of democratic, credible and transparent elections as enshrined in the aforementioned AU instruments.
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II. OBJECTIVE AND METHODOLOGY
(a) Objective
6. The objectives of the AUEOM were:
to provide an accurate and impartial reporting or assessment of the quality of the 28 March 2015 Presidential and National Assembly and 11 April 2015 Gubernatorial and State Assembly elections in Nigeria, including the degree to which the conduct of the elections meets regional, continental and international standards for democratic elections;
based on findings, offer recommendations for improvement of future elections; and
to demonstrate AU‟s interest in and support for Nigeria‟s elections and democratisation process to ensure that the conduct of genuine elections contributes to the consolidation of democratic governance, peace and stability in Nigeria in particular and the West African sub-region in general.
(b) Methodology
7. To achieve the above objectives, the AUEOM undertook the following activities:
I. Deployed a team of 14 Long-Term Observers (LTOs) from 30 January to 23 February and from 15 March to 15 April 2015, to cover the Federal Capital Territory (Abuja and its environs) and five4 of the six geopolitical regions in Nigeria. The LTO teams observed key pre-election activities and processes, including election campaigns, training of election personnel, training of citizen observers and distribution of Permanent Voter Cards and polling materials. They also interacted with key stakeholders including political parties, civil society organisations, security agencies, and INEC to ascertain among others, the preparations and the political and security context of the elections.
II. Deployed a team of 70 Short-Term Observers (STOs) from 22 March 2015 to 31 March 2015, to augment the work of the LTOs on Election Day and immediate post-Election Day. The STOs underwent a 3-day training on AU observation methodology and received briefings from several election
4 South East, South South, South West, North West and North Central regions. The North East region was not covered due to the deteriorating security situation at the time (See Annexure 1 for deployment plan). stakeholders in Nigeria5. Following the conclusion of the training and briefing program, the STOs were deployed on 26 March 2015 to cover 20 states in the five regions and the Federal Capital Territory (FCT)6. To fast- track data collection and analysis of Election Day findings by the Core Team, the STOs were given hand-held computer tablets, which they used to collect and transmit observation data in real-time. While in their areas of deployment, observers also consulted with local stakeholders, including INEC‟s Resident Elections Commissioners, National Peace Committee (NPC), the Police and other relevant stakeholders to assess their preparedness for the elections and the local political and security context within which the elections would take place.
III. On Election Day, AU observer teams (composing LTOs and STOs) visited 319 polling units comprising 69% urban and 31% rural areas where they observed the accreditation, voting and counting processes. They also observed 2% of polling units for Internally Displaced Persons (IDPs), which were located in camps.
IV. The STOs were withdrawn immediately after the 28 March 2015 polls. But the LTO teams continued to observe the post-electoral developments, including results collation and announcement and dispute resolution process. The LTOs also observed the subsequent gubernatorial and state assembly elections on 11 April 2015, although in few selected polling stations in their areas of deployment, including in Lagos, Enugu, Ibadan and Rivers states.
V. The leadership of the AUEOM held high-level consultations with key election stakeholders, including the President of the Federal Republic of Nigeria, main opposition presidential candidates, the Minister of Foreign Affairs, the Chief Justice, the Inspector General of Police, the Independent National Electoral Commission, leaders of political parties, civil society organisations, representatives of regional and international organisations and diplomatic corps present in Nigeria. The high-level consultations held before, during and after Election Day, formed part of the preventive diplomacy strategy of the Mission to reduce tensions and promote transparent, credible and peaceful elections.
5 See Annexure 2 for STO orientation and briefing program. 6 These include Abuja and its environs, Enugu, Ebonyi, Anambra, Imo, Abia, Rivers, Delta, Lagos, Oyo, Bayelsa, Cross River, Ogun, Kaduna, Kano, Katsina, Niger, Kwara, Nasawara, Plateau, and Jigawa
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III. PRE-ELECTION FINDINGS
(a) Political Context of the 2015 Elections
8. The 2015 general elections were the fifth, consecutive democratic elections held in Nigeria. The elections presented an important step towards consolidation of democracy in the country since its return to civilian rule in 1999. It was also the first elections that a civilian president was succeeded by a candidate from the opposition. Since 1999, all presidents of Nigeria have come from the People‟s Democratic Party (PDP).
9. While the PDP has ruled Nigeria since 1999, the succession dispute following the death of President Umaru Yar‟Adua in 2010 seems to have contributed to the party‟s loss in the 2015 presidential election. Following the death of President Yar‟Adua, President Jonathan who was then the Vice President took over the reins of power. He subsequently won the 2011 election on the ticket of the PDP. However, his succession and subsequent contest of the 2011 and 2015 presidential elections was reported to have violated an unwritten agreement within the PDP, which calls for rotation of the party leadership to the three geopolitical regions of Nigeria – North, South and West/ South West. According to this agreement, a Northerner was supposed to have succeeded President Yar‟Adua in 2010. But because of a Federal Constitutional requirement that, in the case of a vacancy in the office of the President, the Vice President will automatically become President.
10. Having succeeded President Yar‟Adua in 2010, President Jonathan was reported to have promised not to contest in the 2011 election. This promised seemed to have had calming effect on the northern politicians in particular. However, his decision to contest not only the 2011 but also the 2015 elections created discontentment among key northern politicians and some PDP party leaders ,including former President Obasanjo, which resulted in the defection of many party members to the opposition party, the All Progressive Congress (APC).
11. The emergence of the APC party in 2013 reconfigured the contest for the 2015 elections. In February 2013, and for the first time in Nigeria‟s electoral history, four opposition parties came together in a merger to form the APC, which became the main opposition party since its emergence. This merger and the nomination of General Muhammadu Buhari, a northerner who had contested previous elections made the 2015 elections to be perceived as the most competitive in the electoral history of the country.
12. The pre-election environment was characterised by security concerns, particularly in the northeast part of the country. There were uncertainties on the legal challenges regarding the eligibility of some presidential candidates, in particular, incumbent President Goodluck Jonathan of PDP and opposition candidate General Muhammadu Buhari of the APC. Other challenges were associated with the introduction and distribution of the Permanent Voter Cards (PVCs) as well as the testing of Smart Card Readers (SCRs). All these contributed to the heightening of the already tense political environment.
13. The elections were initially scheduled to take place on 14 and 28 February 2015 but were later postponed to 28 March and 11 April 2015, respectively. The postponement was made on the grounds of inadequate security personnel to guarantee, in particular, the protection of over 700,000 election officers, electoral materials, polling units, as well as voters. An indirect positive effect of the postponement was that it gave INEC some time to adequately prepare for the polls, especially the printing and distribution of PVCs, which was at 66.8% on the day the polls were officially postponed.
14. It is important to note that the postponement of the polls from the initial date did not violate the constitutional time limits for holding the 2015 elections. Article 133 (2) of the Constitution states that “elections can be held at 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”.
15. Whilst the political atmosphere preceding the initial dates of the elections was characterised by tensions and incidence of violence in a number of States, the AUEOM noted that the environment in the run-up to the 28 March polls was relatively peaceful, despite the uneasiness surrounding the postponement of the poll itself. The AUEOM appreciated the leadership demonstrated by the candidates to commit themselves to a peaceful electoral process. This was manifested through the signing of a Peace Accord on 14 January 2015 by all the 14 presidential candidates, and subsequently through a Joint Statement by President Jonathan and General Buhari issued on 26 March 2015, re- emphasising their commitment to peaceful elections.
16. While Nigeria has had a chequered history of disputed elections, the management of the 2011 elections restored some confidence in electoral processes. The 2015 elections were therefore approached with high expectations by Nigerians. The AUEOM noted that the general context for the 2015 elections was largely conducive as it allowed genuine political competition.
(b) Constitutional and Legal Framework
17. The 2015 elections in Nigeria were conducted within the framework of the 1999 Constitution (as amended) and the Electoral Act of 2010 (as amended). In line with the OAU/AU Declaration on Principles Governing Democratic Elections in
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Africa, the Constitution provides for fundamental political and civil rights and freedom for citizens including freedom of assembly, association, and the right to participation.7 The Constitution further provides for the holding of regular elections through direct universal adult suffrage, hence adhering to the universal principle that sovereignty belongs to the people who select their leaders and representatives and hold them accountable through the ballot box.
18. According to the legal framework, INEC is the mandated institution to organise and supervise Federal and States elections. The Constitution provides INEC with guarantees of independence and requires that it maintains impartiality in the discharge of its responsibilities.
19. The Constitution also provides for separation of powers of the three arms of Government, namely: the Executive, Judiciary and the National Assembly. The separation of powers principle in the Constitution provides for institutional checks and balances, which is critical in ensuring undue leverage of the electoral process in Nigeria.
20. Both the 1999 Constitution and the 2010 Electoral Act provide for an election dispute management system, which is vested in the Judiciary. This is in line with the OAU/AU principles of democratic elections.8
21. Based on its overall assessment of the legal framework for elections in Nigeria, the AUEOM noted that it was largely adequate, as it embodies fundamental elements that form good basis for the conduct of democratic elections. However, a significant gap in the legal framework was its failure to give the right to vote to the millions of Nigerians living in the diaspora. Given the size of its diaspora population9, Nigeria‟s democratic credential would be further strengthened if opportunity is given to this significant constituent.
(c) Electoral System
22. Nigeria uses the First-Past-The-Post electoral system for all elective positions, except the election of president. The President is elected through a majoritarian, two-round system and for a term of four years, renewable only once. For a candidate to be declared winner in the first round, he or she must obtain a majority vote of 50% +1 of valid votes cast, and at least 25% of the votes cast at the election in two-thirds of all the 36 States in the Federation and the Federal
7 Chapter 4 of the Constitution. 8 In Article 3(c) of the OAU/AU Declaration on the Principles Governing Democratic Elections in Africa Member States Governments committed to establish competent legal entities including effective constitutional courts to arbitrate in the event of disputes arising from the conduct of elections. 9 Although no accurate figure exists, Nigeria is known to have the largest African population living in the diaspora. Capital Territory (Abuja). Failure to attain this threshold, a run-off will be held within seven days upon the final announcement of the election results by INEC. The AUEOM noted that, in the event of a run-off, it would be operationally difficult to conduct election within this timeframe10.
23. Nigeria operates a bicameral legislature, consisting of the Senate and the House of Representatives. 3 senators represent each of the 36 States in the Federation, and one represents the FCT, which brings the total number of senators to 109. For purposes of allocating seats in the House of Representatives, Nigeria is divided into 360 federal constituencies, each of which is represented by one member in the House.
24. The AUEOM noted that, while Governors have a term limit of four years, renewable only once, there is no term limit for members of the national and state assemblies.
(d) Election Management
25. The INEC is constitutionally mandated to manage elections in Nigeria. Its membership comprises a Chairperson, who is the Chief Electoral Commissioner, and 12 Commissioners appointed by the President but subject to approval by the Senate. As an institution, INEC is constitutionally independent in the discharge of its functions. The Commission also enjoys financial independence as it is funded through the Independent National Electoral Commission Fund. It also has the power to exclusively determine the date of elections, thereby precluding undue political influence in setting the date(s) for elections.
26. The 2015 elections were the first that the same members of the Commission have managed two consecutive electoral processes11. The AUEOM noted that this offered INEC the opportunity to engage in long-term planning and to improve on the management of electoral process. Such continuity also permits the nurturing of institutional memory, which is an important element for effective management of elections.
27. INEC has a permanent Secretariat, which has structures at national and state levels, and is primarily charge with the responsibility of managing all operational and technical aspects of elections. At each State level and the FCT, there are Resident Electoral Commissioners (RECs) appointed for a period of five years by the President of the Republic. RECs may be removed due to misconduct or any other reason, subject to two-thirds approval by the Senate.
10 The Chairman of the INEC in a public hearing organized by the House of Representatives, called for a number reforms including extending the period for run-run from 7 to at least 21 days. 11 2011 and 2015 electoral processes.
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28. In order to fulfil its mandate of managing elections, INEC is also vested with the following key functions and responsibilities, beside conducting elections at national, state and local levels: • Conduct referenda; • Registration of political parties; • Regulation and monitoring of party funding and campaign expenses; • Conduct civic and voter education; • Registration of voters and management of voters‟ roll; and • Delimitation of constituency boundaries.
(e) Voter Registration
29. Nigeria administers a continuous voter registration process using biometric voter registration system. The Electoral Act provides for registration of citizens at the age of 18 years and above. In order to enhance the integrity of the voter register, INEC introduced PVCs and SCRs for the 2015 electoral process, following broad- based consultations with key electoral stakeholders including political parties. In order to ensure that eligible voters are included in the voter register, INEC updated the register used in the 2011 elections. The AUEOM noted that efforts were also taken by the Commission to enfranchise Internally Displaced Persons in camps located in various parts of the country.
30. The AUEOM also noted that the distribution of PVCs posed a major operational challenge in the voter registration process, and in the run up to the elections. The issuance of PVC is a two-stepped process where voters were issued with temporary voter cards and returned later to collect their PVCs. Efforts were made by INEC to step-up the distribution of PVCs, including collaborating with local government authorities. Out of a total of 68,833,476 registered voters, at least 81.98 % of voters had collected their PVCs on the eve of the polls.
31. AUEOM commends efforts by INEC to ensure that Nigeria has a credible voters‟ register through the introduction and use of biometric registration technologies. A critical review of the voters‟ register has shown that the introduction of the biometric registration and PVCs allowed the INEC to detect and remove duplications and multiple registrations totalling 15,718,756, being 14.8% of registered voters before the commencement of the continuous voter registration process. Furthermore, over 1.2 million voters were removed from the register, being 11% of voter registered under the continuous voter registration. The AUEOM noted that measures taken by INEC tangibly contributed to improving the accuracy and overall quality of the voter register.
(f) Political Party and Candidate Registration
32. Both the Constitution and the Electoral Act mandate INEC to register and de- register political parties and candidates based on the eligibility criteria. There are 28 registered political parties in Nigeria, all of which participated in the 2015 elections. For an individual to contest for any elective position, he or she must be a member of a political party and sponsored by that party. The law does not provide for independent candidatures. Both the Constitution and the Electoral Act outline the qualification and eligibility criteria for the various elective positions including the office of the president, governor, national and state assemblies. Below is a list of registered political parties that contested the 2015 general elections.
Table 1: List of Registered Political Parties Name of Political Party ACRONYM Accord A Action Alliance AA Advance Congress for Democrats ACD Allied Congress Party of Nigeria ACPN Alliance for Democracy AD African Democratic Congress ADC African Peoples Alliance APA All Progressive Congress APC All Progressives Grand Alliance APGA Citizens Popular Party CPP Democratic Peoples‟ Party DPP Fresh Democratic Party FRESH Hope Democratic Party HOPE Independent Democrats ID Kowa Party KP Labour Party LP Mega Progressive People Party MPPP National Conscience Party NCP New Nigerian Peoples Party NNPP Peoples for Democratic Change PDC Peoples for Democratic Movement PDM Peoples Democratic Party PDP Progressive Peoples Alliance PPA Peoples Party of Nigeria PPN Social Democratic Party SDP United Democratic Party UDP Unity Party of Nigeria UPN United Progressive Party UPP Source: INEC website: www.inecnigeria.org
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33. In selecting candidates for presidential election, political parties are required to conduct primaries across the 36 states of the federation and the FCT. The aspirant with the most votes from the 36 states and the FCT becomes the nominated candidate of the party. Candidates for gubernatorial elections are nominated after a Special Congress in the local government areas of the state and the aspirant with the highest votes is considered the winner. In the case of Senatorial, National and State Assemblies, Special Congresses at the district level elect candidates.
34. Political party primaries took place from 2 October to 11 November 2014. By law, INEC was required to publish the final list of candidates by 13 January 2015 for Presidential and National Assembly and 27 January 2015 for Gubernatorial and State House of Assembly, being 30 days before an election12. There were a total of 14 parties that contested for presidential elections.
35. The AUEOM noted that all political parties held congresses to elect candidates for the various positions in line with the provisions of the Electoral Act. The AUEOM also noted that whilst the provisions of the Act are generally satisfactory, further reforms might be required in order to improve the framework for management of elections. For instance, whilst the Electoral Act13 makes provision for the INEC to monitor party primaries, the Commission lacks the authority to reject nominations submitted by political parties14.
Table 2: List of Presidential Candidates and Running Mates for the 2015 Elections
Name of candidate Office Party Gender Age Qualification 1 Jci Sen. Tunde President AA Male BED Anifowose-Kelani Comrade Ishaka Paul Vice President AA Male HND Ofemile 2 Rafiu Salau President AD Male 58 SSCE Akuchie Clinton Cliff Vice President AD Male 64 B.SC 3 Alh. Ganiyu O. President ACPN Male HND Galadima Ojengbede Oluremi Vice President ACPN Female PGD Farida 4 Dr. Mani Ibrahim President ADC Male PHD Ahmad Obianuju Murphy- Vice President ADC Male PHD
12 Section 34 of the Electoral Act 2010 (as amended). 13 Section 87 of the Electoral Act 2010 (as amended). 14 Section 31 of the Electoral Act 2010 (as amended). Uzohue 5 Ayeni Musa Adebayo President APA Male B.SC (HONS) Anthony Faith Vice President APA Female 45 B.SC Ologbosere 6 Muhammadu Buhari President APC Male WASC Yemi Osinbajo Vice President APC Male LLB, BL 7 Chief Sam Eke President CPP Male 44 PHD Hassana Hassan Vice President CPP Female 46 NURSING CERT & MIDWIFERY 8 High Chief Ambrose President HOPE Male LLB, BL, PGD N. Albert Owuru Alhaji Haruna Yahaya Vice President HOPE Male HND Shaba 9 Comfort Oluremi President KOWA Female PH.D Sonaiya Alh. Seidu Bobboi Vice President KOWA Male B.A 10 Chief Martin Onovo President NCP Male MSC Ibrahim Mohammed Vice President NCP Male HND 11 Goodluck Ebele President PDP Male PHD (ZOOLOGY) Jonathan Arc. Mohammed Vice President PDP Male M.SC (ARCH) Namadi Sambo 12 Allagoa Kelvin President PPN Male 46 B.SC Chinedu Arabamhen Mary Vice President PPN Female 35 SSCE 13 Godson Mgbodile President UDP Male LLB, BL Ohaenyem Okoye Haruna Adamu Vice President UDP Male NCE 14 Chief (Dr.) Chekwas President UPP Male PHD Okorie Barr. Bello Umar Vice President UPP Male BA Source: INEC website: www.inecnigeria.org
(g) Electoral Campaign and Campaign Finance
36. An effective system of regulation of party and campaign finance requires a process that includes disclosure, limits on expenditure, and monitoring of campaign and party finance. The INEC is entrusted with the responsibility of regulating campaign finance by political parties and candidates. Therefore, all political parties are supposed to submit their detailed expenditure within six months after an election.
37. While state funding for political parties‟ campaign activities does not exist, regulation of private funding sources and ceiling of campaign expenditure is provided for in the Electoral Act. For instance, the Act prohibits foreign funding of
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political parties. The AUEOM noted that, whilst INEC issued parties with Political Party Finance Tracking Forms to track campaign expenditure, it was difficult to ascertain the accuracy of what the parties submit.
38. According to the Electoral Act, official campaign period must start 90 days before and 24 hours to Election Day. The Act also includes specific provision that governs political party campaign activities.15 The official commencement of election campaign for the 2015 elections begun on 16 November 2014 and ended on 26 March 2015 for the Presidential and National Assembly Elections, instead of 12 and 26 February 2015, due to the postponement. For the Gubernatorial and State Assembly Elections, campaign ends on 9 April. AUEOM commended the parties and candidates for largely respecting the law and desisting from any campaigns activities during the 24-hour period before the polls. The AUEOM, however, noted that some media houses continued to publish sponsored political messages of both the APC and the PDP even after the 24- hour deadline.16
39. Out of the 14 Political Parties that contested the presidential elections, only two, the APC and the PDP, were seen conducting active campaigns throughout the country. The other parties were rarely known beyond television and radio debates. Some of these parties and the other 14 parties that did not contest the presidential elections were, however, active in a limited number of states.
40. The AUEOM noted that although the political environment leading up to the 28 March Presidential and National Assembly Elections was generally calm and peaceful, there were isolated incidences of campaign-related violence in a number of states, including Rivers State, where there was reported shooting incident during an APC presidential rally.
41. The AUEOM also noted that the Political Parties Code of Conduct (2013) regulates campaign activities of the political parties and candidates. All registered political parties for the 2015 elections signed and agreed to abide by the provisions of the Code of Conduct. While the Code of Conduct clearly prohibits the use of violent and inflammatory language during political campaigns, the AUEOM noted that, this notwithstanding, candidates and supporters of political parties used inflammatory and violent language during campaign activities. The AUEOM further noted that the Inter-Party Advisory Council (IPAC), which is mandated by the Political Parties Code of Conduct to monitor and regulate
15 Sections 99 and 100 of the Electoral Act, 2010 (as amended). 16 Liberty TV, Liberty FM, Karama FM, Alheri FM, NTA, AIT, Rima Radio, STV Lagos, TVC Lagos, NTV, PRTV, NTA Jos, Vision FM, Nigeria Info, Gombe Media Corporation Radio FM, BECOS TV and Freedom TV Ilesha. parties‟ conduct and to sanction offenders of the Code, did not seem to have the capacity to deal with violations of the code.
(h) Participation of Women and Youth
42. Active and equal participation of women, youth and civil society organisations in the electoral process is critical for the deepening of democracy and human rights. Recognising this fact, the Nigerian Constitution provides for equality of men and women17.
43. The AUEOM noted that, despite the existence of this constitutional provision in support of gender equality, there is no other legal provision specifically mandating political parties to ensure gender equality when nominating candidates for various elective positions. Thus, out of 14 political parties contesting for the presidency, only one – Kowa party – had a female presidential candidate. There were however four female vice presidential candidates from the ACPN, the APA, the CPP and the PPN parties, although these were considered minor parties with little chance of winning a presidential election.
44. The Mission welcomed the development of a Gender Policy by INEC. The Policy encourages parties to ensure gender equity and balance, especially in the identification of candidates. It equally requires political party‟s constitutions to have clear provisions that promote gender equality. The Mission is of the firm belief that once operationalised, the policy will help facilitate women‟s participation in electoral processes and accessing leadership in public institutions.
45. The AUEOM also took cognisance of the initiatives taken by women in Nigeria to actively participate in the electoral process. In particular, the Mission commends the Women‟s Situation Room, which continuously assessed the electoral process from a gender perspective.
46. The AUEOM also took cognisance of the formal role accorded to youth in the electoral process through involvement of the National Youth Service Corps in polling operations. Other youth organisations were also actively involved in observing the electoral process as well as partnering with INEC in voter education initiatives. This helped to bring a youth perspective into the management of the electoral process.
17 Article 17 (2) of the Constitution provides that “every citizen shall have equality of rights, obligations and opportunities by the law”.
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(i) Civic and Voter Education
47. According to the Electoral Act, INEC is mandated to conduct voter education. The AUEOM noted the initiatives undertaken by INEC to ensure that voters were well informed about the electoral process. For instance, through partnering with various stakeholders in the implementation of civic and voter education, INEC demonstrated it resolve to ensure that voters are continuously and adequately educated about the electoral process. INEC‟s close collaboration with the National Orientation Agency (NOA), CSOs and political parties ensured that information about the electoral process was accessible to all citizens, including IDPs. Also of noteworthy were measures taken to adapt materials and messages to ensure that they are gender sensitive and user-friendly for people living with disabilities, which included „sign‟ language translations in televised voter information programmes.
(j) Role of Civil Society Organisations
48. The AUEOM noted the existence of a vibrant civil society that played various roles in the electoral process, including voter education, election observation, youth sensitisation, parallel vote tabulation, as well as support to electoral security through training of police officers to provide effective security for the elections.
49. The AUEOM commended the efforts of the civil society Situation Room in providing political analysis updates throughout the election period, in particular, the initiative of providing real-time communication and information on the polling process on Election Day.
50. The Mission also applauded the effort of INEC in accrediting a large number of citizen observer groups for the 2015 General Elections. A total of 82 citizen observer groups were accredited. This enabled them to monitor the electoral process throughout and contributed to its overall transparency.
51. The AUEOM further commended the efforts and role played by other stakeholders, especially the National Peace Committee (NPC), in promoting and ensuring peaceful elections. Led by General Abdulsalami Abubakar (Rtd), the Committee was instrumental in facilitating the Abuja Peace Accord, which was signed by the major political contenders. Among other things, the Accord committed political parties and their supporters to avoid actions that could cause violence during and after the elections.
(k) The Role of the Media
52. Media freedom is essential in the promotion and safeguard of political and civil liberties of citizens. The Electoral Act, the Nigeria Broadcasting Code, and the National Broadcasting Act regulate Media involvement in the electoral process in Nigeria. The AUEOM noted that the media environment for the 2015 elections was generally vibrant and characterised by intense debates on electoral and governance issues in various platforms, including television, radio, print and social media.
53. The AUEOM also noted the existence of extensive media coverage of the election campaigns on electronic and print media by both public and private media houses. It, however, noted the widespread use of various media outlets, mainly by the APC and the PDP parties, compared to the other political parties.
54. Article 100 (2) of the Nigerian Election Law mandates public media, both electronic and print, to allocate media time equally among the political parties and candidates, at the same time. It also prohibits the misuse of state apparatuses, including the media, by any political party or candidate. While the public media is required to allocate equal airtime for campaign for parties and candidates, however, the AUEOM noted that parties and candidates were required to pay for airtime when using public media. This may have constrained the accessibility of the public media to interested parties and candidates.
55. The AUEOM appreciated the active role played by the media during the election period. In particular, the AUEOM commended the efforts by the Nigerian Election Debate Group (NEDG) in organising the Presidential debate ahead of the elections. The debate accorded citizens the opportunity to know and interrogate the manifestos of the various political parties and candidates. The media also played a commendable role in voter education through their various election awareness programmes.
56. The AUEOM, however, noted the regulatory frameworks notwithstanding, the media in the country sometimes exhibited bias in their coverage of political campaigns. Whilst the public media houses gave more airtime to campaign activities of the ruling PDP, the private media houses also gave access and more airtime to Political parties and candidates depending on where they are operating. Media houses in the Southern part of the country tend to concentrate on the activities of the PDP, whilst those in the North gave more airtime to the APC. The AUEOM notes that the NBC, after the 28 elections, published the list of media houses that breached the media code of conduct regulating political
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broadcast including broadcasting of political messages after the close of campaigns 24 hours to election date.18
(l) Preparedness of INEC
57. The AUEOM notes that preparation for the 2015 elections took place within a context of uncertainties, including pending electoral reforms, security and logistic challenges, which impacted on the overall preparedness of INEC. For instance, the production and distribution of the PVCs was among the key challenges faced by INEC in its electoral preparations. The AUEOM noted that up to the day of postponement of the elections on 7 February 2015, only 66.8% of PVCs had been distributed. Thus, had the elections been conducted as originally planned, a significant number of registered voters would have been disenfranchised. This situation would have led to chaos and/or violence given the high stakes surrounding the 2015 elections.
58. In order to ensure optimal performance of the SCRs on polling day, INEC conducted a pilot testing on 7 March 2015 in two Local Government Areas in each of the six geopolitical zones of Nigeria. The outcome showed that all of the PVCs were authenticated. However, about 59% did not authenticate the fingerprints.
59. The Commission also recruited and trained polling personnel and engaged in distributing electoral materials. Stakeholders including political parties that interacted with the AU observers generally expressed satisfaction on the openness and transparency with which the INEC undertook its operations.
60. The AUEOM also noted that INEC established over 8,800 camping centres across the country to ensure polling personnel are able to arrive at their designated polling units on time for the polling operations. This was a corrective measure undertaken following past experiences.
61. The Mission noted further the efforts made by INEC to improve its operational effectiveness in the Gubernatorial and State Assembly election. This was based on lesson learnt from logistical challenges experienced during the 28 March 2015 presidential and National Assembly elections.
18. A statement signed by the National Broadcasting Commission‟s Director/Head, Public Affairs, Alhaji Awwalu Salihu - See more at: http://www.nbc.gov.ng/highlight.php?id=170 (Accessed April 2, 2015).
IV. ELECTION DAY FINDINGS – PRESIDENTIAL AND NATIONAL ASSEMBLY ELECTIONS
62. The polling process commenced with the accreditation of voters, which began at 8am and ended at 1pm. The process entails authentication of PVCs and fingerprints and verification in the voter register. In the polling units visited by AU observers, 23% opened on time and 77% opened late. Out of those that opened late, 57% opened beyond an hour, mainly due to the late arrival of polling personnel and election materials. In most polling units visited by AU observers, long queues of voters were observed waiting patiently to be accredited.
63. The process of authenticating voters was deemed challenging. In all polling units witnessed by AU observers, only 42% did not report problems in authenticating PVCs and finger prints of voters. However, in cases that experienced difficulties, INEC provided backup measures that ensure voters were still accredited. In polling stations where accreditation was not possible due to serious malfunctioning of the SCRs, problems experienced, voting was extended to 29 March 201519.
64. The two-step polling process whereby voters had to be accredited first and then waited to cast their ballots was cumbersome and, in some cases, made it difficult for accredited voters to cast their ballots, especially those who got accredited in the early period of the opening of polls. Some voters may have been discouraged from voting because they had to wait for long hours after accreditation before casting their votes. Indeed, the AUEOM findings show that over two million three hundred and thirteen thousand four hundred and seven (2,313,407) voters who had been accredited did not cast their votes, being an average of 7% per state. The situation was further compounded by the banning of vehicular movement on Election Day, which limited the movement of voters. Thus, the level of participation in the polls was generally low; only 43.65% of voters turned out for the polls.
65. While crowd control was a challenge in a number of polling units observed, overall, the AUEOM notes that the polling process was generally peaceful, with only a few, isolated incidences of violence reported in Bayelsa and Enugu States. The Mission therefore commended the security agencies for ensuring a peaceful atmosphere throughout Election Day.
66. The opening of the voting process took place at varying times depending on the time of closure of the accreditation process, which ranged from 1.30pm to 2.30pm. The AUEOM noted that sufficient election materials were available
19 Voting was extended to 29 March in 350 polling units where the accreditation was not possible due to malfunctioning of the SCRs
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during the opening in 88% of polling units witnessed by AU observers. The INEC took measures to supply election materials where they were not available.
67. The voting process closed after the last accredited voter cast his or her ballot in all polling units observed. Counting of ballots proceeded smoothly in most polling units witnessed by AU observers. It was also observed that results were posted at the polling units and copies given to party agents. The AUEOM, however, noted that polling personnel in some polling units did not adhere to counting procedures, which led to cancellation of results in some polling stations.
68. In most polling units observed by AU observers, polling personnel managed the process in a professional manner, amidst operational challenges, such as failure of the Smart Card Readers. Whilst polling personnel generally adhered to election procedures, there were some instances where they did not follow the procedures. For instance, in some polling units witnessed by AU observers, polling personnel recorded names on plain papers rather than the duly recognised incident reporting forms for voters who were not authenticated by the Smart Card Readers.
69. The AUEOM noted the active participation of women in the polling process in various capacities. In all polling units visited, 38.9% of polling personnel and 39.5% citizen observers were women. The AUEOM noted, however, that only 18% of party agents in polling units visited were women.
70. The accreditation, voting and counting processes were generally transparent and took place in the presence of international and citizen observers as well as political party agents. The location of polling units in open spaces naturally opened the process to scrutiny by voters throughout the day. The AUEOM noted, however, that some polling stations were not well represented by political parties and citizen observers, thereby diminishing their ability to effectively monitor the voting process.
V. POST-ELECTION DEVELOMENTS AND FINDINGS OF THE PRESIDENTIAL AND NATIONAL ASSEMBLY ELECTIONS
(a) The Result Management and Tallying Process
71. The Election Act outlines the various stages for managing and transmitting the results of the elections - from the Polling Unit to the Local Government Area (LGA) to the State and Federal level for presidential election. The results management follows a 19-step process outlined in the INEC procedures and guidelines.20 AU Observers witnessed the results collation process at all levels and noted that collation center staff generally adhered to the procedures set out in INEC guidelines, except in few cases where results were cancelled due to procedural violations. The AUEOM found the results collation process was generally transparent.
72. INEC officially announced the presidential results on 1 April 2015 at the National Collation Centre. According to the results announced, the opposition APC candidate, General Muhammadu Buhari, who gained a total of 15,424,921 valid votes cast, was declared the winner of the presidential elections. His PDP opponent, the incumbent President Goodluck Jonathan gained 12,853,162 votes. Tables 5 and 6 below show the results of the Presidential and National Assembly elections as announced by INEC.
Table 5: Results of the Presidential Election
Results for 2015 Presidential General Elections CANDIDATE GENDER PARTY VOTES REMARK Muhammadu Buhari M APC 15,424,91 Elected Goodluck Ebele Jonathan M PDP 12,853,12 Ayeni Musa Adebayo M APA 53,537 Alh. Ganiyu O. Galadima M ACPN 40,311 Chief Sam Eke M CPP 36,300 Rafiu Salau M AD 30,673 Dr. Mani Ibrahim Ahmad M ADC 29,666 Allagoa Kelvin Chinedu M PPN 24,475 Chief Martin Onovo M NCP 24,455 Jci Sen. Tunde Anifowose- M AA 22,125 Kelani Chief (Dr.) Chekwas Okorie M UPP 18,220 Comfort Oluremi Sonaiya F KOWA 13,076 Godson Mgbodile M UDP 9,208 Ohaenyem Okoye
20 Section 73 of the Electoral Act 2010 (as amended); INEC Approved Guidelines for the Conduct of the 2015 General Elections (pg. 11)
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High Chief Ambrose N. M HOPE 7,435 Albert Owuru
No. of Valid Votes 28,587,564 No. of Rejected Votes 844,519 No. of Votes Cast 29,432,083 No. of Accredited Voters 31,746,490 No. of Registered Voters 67,422,005
Table 6: Results of National Assembly
House of Representatives Senate Results Results Party Seats Party Seats APC 214 APC 64 PDP 125 Others 10 PDP 45 TBD21 11 LP 1 Total 360 Total 109
(b) Complaints and Appeals
73. The Electoral Act makes provision for challenging elections once they are officially announced only through the appropriate election tribunals set up for that specific purpose.22 In the case of Presidential and Governorship elections, the Court of Appeal and in any other election the election tribunals established under the Constitution or by the Act. An election petition must be submitted within 21 days after the date of the official announcement of results of the elections. The tribunal shall deliver its judgment within 180 days from the date of filing.
74. The AUEOM acknowledged that Election Tribunals were setup at the State High Courts, and Tribunal Secretaries were designated to the states in accordance with the provisions of the Electoral Act and the Constitution.
75. The AUEOM, however, noted that parties opted to seek redress for their grievances through the INEC and the RECs. After the announcement of the 28 March and 11 April election results, Political Parties lodged a number of petitions and complaints with INEC and the RECs. The petitions bordered on disputes over election results as result of allegations of widespread rigging, ballot stuffing,
21 At the close of the mission these seats were yet to be determined. 22 Section 133 of the Electoral Act, 2010 (as amended). ballot snatching and accusations that some staff of INEC colluded with parties and candidates to rig the elections.
76. On 7 April 2015, leaders of 16 Political Parties submitted a petition to the INEC demanding the suspension of some staff and RECs for misconduct during the 28 March presidential and national assembly elections. The AUEOM recognises INEC‟s effort at investigating and dealing with staff who were found to have breached the rules and regulation and professional code of conduct.
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VI. FINDINGS OF THE GUBERNATORIAL AND STATE ASSEMBLY ELECTIONS
77. The AUEOM noted that the political environment following the 28 March Presidential and National Assembly Elections leading up to the 11 April Gubernatorial and State Assembly Elections remained generally peaceful. The AUEOM was informed about the concerns of the National Human Rights Commission (NHRC) and other stakeholders on the possibility of post- election violence in some states, notably Lagos, Rivers and Kaduna states. These predictions were based on historical antecedents and the heated campaigns between the two leading parties, the APC and the PDP, in such States. In 2011 over 1,000 people lost their lives after the general elections, with Kaduna State having the highest casualties of at least 847 deaths. Other states such as Abia, Ekiti, Niger, Nasarawa, Bauchi, Imo and Katsina were also identified as possible flashpoints.
78. The period preceding the commencement of political campaigns all the political parties came together and adopted a code of conduct to regulate the political campaigns and the behaviour of political parties and candidates. Key among the provisions of the code of conduct was the abhorrence of the use of hate speech and inflammatory language on political platforms.23 The AUEOM, however, noted that a number of political party functionaries, candidates and individuals engaged in the use of violent and inflammatory language in the run-up to the state assembly and gubernatorial elections.
Polling Day Findings
79. The AUEOM notes that on 11 April INEC staffs were generally on time for the opening of the accreditation process in most Polling Units across the country. By 8:30am most polling units visited by the AUEOM LTOs had opened and accreditation began. The AUEOM, however, notes that the SCRs in most Polling Units faced the same challenges. In most polling units AUEOM LTOs visited, it was observed that the Card Readers though performed well in reading the PVCs, they failed in authenticating voters by reading the finger prints. In some Polling Units, the AUEOM noted that the Card Readers malfunctioned and manual verification had to be resorted to.
80. The AUEOM notes that voter turnout for the 11 April Gubernatorial and State Assembly Elections was much lower than the Presidential and National Assembly Elections. AUEOM observations indicated that voter fatigue was one of the reasons for the low turnout. Most voters might have lost interest in the elections
23 Sections 2,6 and 3,7 of the Political Parties Code of Conduct 2013. because their parties may not have performed well in the presidential and national assembly elections.
81. The AUEOM also noted that the number of people who came for accreditation and did not return to vote was quite high in all the elections observed – the presidential, national assembly, gubernatorial and State assembly. It appeared that voters could not wait around to cast their votes after the close of accreditation.
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VII. CONCLUSION AND RECOMMENDATIONS
(a) Conclusion
82. The 2015 elections constituted an important step in the consolidation of democracy in Nigeria. The AUEOM commended the people of Nigeria for their commitment to upholding democracy as demonstrated by their patience and civil conduct despite the postponement of the elections. Amidst political and security challenges, the AUEOM commended INEC for measures undertaken to enhance the integrity and credibility of the electoral process. Despite operational challenges, the transparency demonstrated by the INEC in the polling process as well as the results management process was highly commendable. Equally commendable were efforts by all candidates, who demonstrated leadership by committing themselves to peaceful elections. The AUEOM also appreciated the professionalism exhibited by the security agencies in providing unobtrusive security measures for the elections throughout.
83. The AUEOM concluded that the 2015 elections were conducted in a generally peaceful atmosphere within a framework that met continental and regional principles of democratic elections.
(b) Recommendations
84. Based on the above findings, the AUEOM made the following recommendations for the improvement of future electoral processes in Nigeria:
To the Government:
Sustain efforts to ensure that electoral security is guaranteed in future processes. The election postponement from the initial date was notably due to security concerns; and
Ensure that funds for electoral programmes and operations are released in good time to INEC. One of the problems faced by INEC with the printing and distribution of PVCs was the late release of funds from Government.
To INEC:
Consider reviewing Election Day procedures to render them less cumbersome in future. Informed by a growing confidence on future electoral processes, INEC may gradually consider merging the accreditation and voting processes so that voters can proceed to cast their ballots immediately after they are accredited or authenticated. This would ensure that voters spend less time at polling units and it would also ensure that voters who are accredited would cast their votes;
Allocate sufficient time for testing of technology to adequately prepare for technical challenges that may emerge during polling process. The time used for testing the Smart Card Readers was generally short, and was also done too close to polling day. Future testing should be done several months in advance, including in by-elections in order to adequately prepare for the general elections. INEC should also take measures to ensure that staff are adequately trained on the process and especially on the use of new technologies before they are deployed to the field;
Consider reviewing the voter registration methodology in order to enhance the issuance of PVCs. The two-step process of issuing PVCs should be merged to a single process in which a voter is issued with PVC on the spot upon registration. This will eliminate the operational challenge of distribution of PVCs, as experienced in the 2015 elections;
Improve the overall planning, management and implementation of electoral operations. INEC should improve on the logistical aspects of the planning and operations as this was also noted as a problem in the 2011 electoral process.
The AUEOM also recommended that INEC sustained its initiatives in voter education. This should include collaborative engagements with the youth, women organisations and people living with disabilities and other marginalised groups;
Assess factors that led to a generally low voter turnout in the elections and explore remedial measures to enhance voter and civic education to increase participation in future elections; and
Explore means to enhance the enfranchisement of electoral and security personnel by putting in place mechanisms, such as special voting. This facility may also be extended to party agents. During the polls, it was observed that a number of electoral officers and security personnel who were on various election duties on election day were disenfranchised.
To Parliament:
Give important consideration to legal reforms put before the National Assembly in order to improve the legal framework governing elections in Nigeria. A number of legal reforms contained in the draft electoral act
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amendment bill 2014 should be pursued in order to improve the legal framework of future elections. These include: increasing the lead-time for conducting a run-off, and giving INEC more powers in determining the validity of party nomination of candidates; and
Take important steps to address the disenfranchisement of Nigerians living abroad through reform of the legal framework for elections. Noting the operational implications this entails, the Parliament may consider gradual application of this measure.
To Political Parties:
Enhance the participation of women in the electoral process. Political parties should espouse the principle of equality based on gender as espoused by the Constitution in order to guide the selection of candidates for various elective posts, as well as in the leadership cadre of parties; and
Improve on monitoring of the electoral process. In order to increase the transparency and openness of the electoral process at all levels, political parties should invest in deployment of well trained and adequate personnel to monitor election activities throughout the electoral cycle.
To Civil Society Organisations:
Continue to play their watchdog role in the democratic process in the country and embark on sustained efforts aimed at further enhancing its roles in future elections.
ANNEXURE 1: DEPLOYMENT PLAN
Team Name Nationality States City Tran City of # sport Arrival 1. Mission Leadership Team Abuja Abuja - H.E. Amos Sawyer Liberia FCT - H.E. Ibrahim Fall Senegal N/A - HE Aisha Abdullahi AUC
- Ms. Shumbana Karume AUC - Mr. Ibe Okechukwu AUC - Mr. Ian Goredema (LTO) Zimbabwe 2. H.E M. P. J. Molefe Botswana Abuja Abuja Road N/A H.E M.S. Jallow The Gambia FCT 3. Mr. Andrews Atta-Asamoah Ghana Abuja Abuja Road N/A FCT Dickson Zohn Gaye Liberia 4. Hon. Suilma Hay Enhamed Saharawi Abuja Abuja Road N/A Saleh Republic FCT Ms Vivian Ngoma Nalili Zambia
5. Raphael Asuliwonnu Ghana Abuja Abuja Road N/A FCT Hon Jacquiline Amongin Uganda
6. Nchimunya M. Silenga (LTO) Zambia Enugu Enugu Flight Enugu Mr. Utloile Silaigwana Zimbabwe 7. John Maphephe (LTO) Lesotho Ebonyi Abakaliki Flight Enugu Ms Nene Aissata Handa Guinea Diallo 8. Ms. Vera Kwalar Muring Cameroon Anambra Awka Flight Asaba
Hon. Mear Sirro Ethiopia 9. Mrs Thandi Nkovole Malawi Imo Owerri Flight Port Harcourt Mr Joseph Muhumuza Uganda 10. Hon Peter Chingoma Malawi Abia Umuahia Flight Port Harcourt Ms Rosemary Phiri Zambia 11. Mamadou Thiam (LTO) Guinea Rivers Port Flight Port Harcourt Harcourt Mr Peter Murage Kenya (Rivers) 12. Dunstan Wafula Rudolf (LTO) Kenya Bayelsa Yenagua Flight Port Harcourt
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Team Name Nationality States City Tran City of # sport Arrival Mr. Fidelis Angachia Cameroon 13. Mr Amour Hafidh Zanzibar- Delta Asaba Flight Asaba Tanzania Mrs Justine Mugabi Uganda 14. Mr Jack Zaba Zimbabwe Cross Calaba Flight Uyo Mrs Eisha Omar Mohamed Kenya Rivers 15. Moses Ndjarakana (LTO) Namibia Lagos Lagos Flight Lagos Mr Aleu Garang Aleu South Sudan 16. Dr Catherine Kamindo Kenya Lagos Lagos Flight Lagos
Mr. Christian Mahillet Cote d‟Ivoire 17. Hon. Djidda Mahamat Chad Lagos Lagos Flight Lagos Jaynet Kabila DR Congo 18. Karen Ogle (LTO) South Africa Ogun Abeokuta Flight Lagos Mr Kemal Bedri Ethiopia
19. Hope-Mary Nsangi (LTO) Uganda Oyo Ibadan Flight Ibadan Mr. Patson Chitopo Zimbabwe 20. Mr Daniel Yeboah Ghana Oyo Ibadan Flight Ibadan Hon Abdou Sikieh Dirieh Djibouti 21. Leonard Lenna Sesa (LTO) Botswana Kaduna Kaduna Road NIL Dr. Ibrahim Abdullah Sierra Leone 22. Mr Ahmed Mohamed Farag Egypt Kaduna Kaduna Road NIL Mohamed Hon. Ahmed Nah Siniya Sarahawi Republic 23. Jespa Tichock Ajereboh Cameroon Kano Kano Flight Kano (LTO) Mrs Gloria Angela Chingota Malawi 24. Ms Claudette Kalinda Rwanda Flight Kano Katsina Katsina Mr Obby MiChibuluma Zambia
25. Dr Omer Ahmed Sudan Flight Kano Ms Victoria Abdula Ghana Jigawa Dutse 26. Sulaiman Sesay(LTO) Sierra Niger Minna Road NIL Leone (Niger) Ms Angella Ngwalo Malawi 27. Elijah Rubvuta (LTO) Zambia Kwara Ilorin Road NIL Team Name Nationality States City Tran City of # sport Arrival Mrs Florence Kebbie Sierra Leone 28. Mr King Norman Malawi Nasawara Lafia Road NIL Prof. Yves Paul Mandjem Cameroon
29. Mr Mosotho Moepya South Africa Plateau Jos Road NIL Mr Ollen Mwalubunju Malawi Coordination Team Mr. Samuel Atuobi African Union Commission Mr. Adedayo Charles African Union Commission African Union Mr. Idrissa Kamara Commission Mr. Ebenezer Asiedu African Union Commission Ms. Kebebouch Tessema African Union Commission Mr. Robert Gerenge Electoral Institute for Sustainable Ms Magdalena Kieti Democracy in Africa (EISA) Mr. Kennedy Emeana Electoral Institute for Sustainable Prof. Osy Nwebo Democracy in Africa (EISA) Pan-African Parliament Pan-African Parliament
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African Union Election Observation Mission Report: Nigeria 2015
ANNEX 2: OBSERVER ORIENTATION AND BRIEFING PROGRAMME DAY ONE: 23 MARCH 2015 Time Activity Responsibility 9. 00-9.30 Welcome Remarks Mission Leader 9. 30-9.45 Overview of the Mission programme AUEOM Coordinator 9.45-10.30 Election observation rationale and EISA methodology Electoral cycle Observation Vs Monitoring AU election assessment methodology
10.30-10:45 Tea break 10:45- 11:30 International and continental benchmarks for EISA credible elections 11.30-12.15 Review of Recent Security Developments AUC Early Warning Analyst 12.15 -1.pm Code of Conduct for AU observers EISA/AUEOM Coordinator 1-2pm Luck Break 2-3pm Briefing on the pre-election context: findings of LTO Coordinator AU LTOs •Overview of deployment and LTO activities Key findings of the LTOs (voter registration, candidate nomination, campaign and voter education etc) 3:00- 4.30 Perspectives of CSOs on the 2015 electoral Panel of CSOs pm process (YIAGA, TMG, CLEEN FOUNDATION, WOMEN SITUATION ROOM) DAY TWO – 24 MARCH 2015 Time Activity Responsibility 9.00-10.00 Political context of the elections Academic/political Historical and Political context of analyst elections in the host country CDD-Nigeria Key issues in the current electoral process (stakes, dynamics, players) 10.00 – 10.30 Tea break 10.30-11.30 Legal framework for elections The Constitution Legal analyst (Policy Electoral Act/Reforms and Legal Advocacy Electoral system Centre)/Nigeria Party finance regulation Human Rights Commission 11.30-1.00 Briefing by the EMB INEC Overview of the EMB’s mandate The EMB’s interaction with stakeholders and involvement of stakeholders in the electoral process (political parties and civil society) Preparedness for the elections (procurement, voter educations, personnel recruitment and training, logistics) Election day procedures EMB’s expectation from international observers 1-2pm Lunch Break
3-4pm Briefing on Electoral Security Security agencies
4.00-4.15 Tea Break 4.15-5pm Briefing on the media environment for the Media elections DAY THREE – 25 MARCH 2015
Time Activity Responsibility 8.30-10:30 Observer reporting – use of checklists and EISA election day observation 10:30-10:45 Tea break 10:45-1pm Observer reporting- Use of tablets EISA 1-2pm Lunch break 2.00-3.30pm Simulation- Use of tablets EISA 3.30-3.45 Tea break 3.45-6pm Deployment briefing Distribution of AUEOM deployment kits Coordination team
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