CHAPTER 1: Introduction
Election has become an
important component of democracy and democratization debates in Africa.
Some scholars believe that elections, has democratic self-reinforcing
powers (Lindberg, 2006; 2009), stimulating civic activism and actions
often better than free and fair elections (Bratton, 2013, p. 38). Others
contend that only high-quality election can lead to democratization
(Bogaaards, 2013; Lewinsky & way, Competitive Authoritarianism:
Hybrid Regimes after the Cold War, 2010; Bratton, 2013). While each of
these arguments holds and perhaps clarifies the extent of democratic
commitments, none examined the significance of institutional capacity
building of electoral management bodies (EMBs) 4 in improving the
credibility of election. Moreover, the most common problems of electoral
irregularities occurred in sub-Sahara Africa and are tied to
logistical, administrative, and political difficulties (Norris, 2014,
pp. 76-88).5 In the midst of these challenges, however, the Independent
National Electoral Commission (INEC) in
Nigeria conducted the
2015 presidential election which all domestic and international
electoral stakeholders accepted as credible, including the losing
incumbent. How does INEC achieve this monumental success?
1.1 Background of the Study
The conduct of free and fair elections
are the hallmark of truly democratic societies and the world has today
come to witness elections in all the countries that practice one form of
democracy or the other. In doing this, these countries have entrusted
the task of carrying out these elections to various bodies established
whether constitutionally or otherwise to conduct elections to various
elective positions in their countries. In the United States for
instance, the Electoral College indirectly conducts the presidential
elections. Britain has in place the Electoral Commission to help conduct
its parliamentary elections while in Australia, there is the Australian
Electoral Commission (AEC) a body charged with conducting federal
elections and referendums etc. Nigeria is not left out in this practice
as it has through its laws established a body tasked with the duty of
conducting free and fair elections into various elective positions in
the country.
The body charged with this task of
conducting free, fair and credible elections in Nigeria is the
Independent National Electoral Commission (INEC). INEC under Part 1 of
the Amended Electoral Act 2011 is recognized as established by section
153 (1) (f) of the 1999 Constitution of the Federal Republic of Nigeria
(as amended) and its composition and powers are seen under the Third
schedule, which provides thus:
The Commission shall have power to –
organize, undertake and supervise all
elections to the offices of the President and Vice-President, the
Governor and Deputy Governor of a State, and to the membership of the
Senate, the House of Representatives and the House of Assembly of each
State of the Federation; register political parties in accordance with
the provisions of this Constitution and an Act of the National Assembly;
monitor the organization and operation of the political parties,
including their finances; arrange for the annual examination and
auditing of the funds and accounts of political parties, and publish a
report on such examination and audit for public information; arrange and
conduct the registration of persons qualified to vote and prepare,
maintain and revise the register of voters for the purpose of any
election under this Constitution;
monitor political campaigns and provide
rules and regulations which shall govern the political parties; ensure
that all Electoral Commissioners, Electoral and Returning Officers take
and subscribe the Oath of Office prescribed by law; delegate any of its
powers to any Resident Electoral Commissioner; and
carry out such other functions as may be conferred upon it by an Act of the National Assembly.
In addition to its establishment by the
Nigerian Constitution, Nigeria’s Electoral law (The Electoral Act 2011)
under Part 1 went on to also make more clarifications on the status of
INEC as an establishment stating thus:
The Independent National Electoral
Commission as established by Section 153 of the 1999 Constitution of the
Federal Republic of Nigeria shall be a body corporate with perpetual
succession and may sue and be sued in its corporate name. In addition to
the functions conferred on it by the 1999 Constitution, the Commission
shall have power to: conduct voter and civic education;
promote knowledge of sound democratic
election processes; and conduct any referendum required to be conducted
pursuant to the provision of the 1999 Constitution or any other law or
Act of the National Assembly. The Electoral Act also provides for the
funding of INEC, as is seen under section 3 (1). It states that there
shall be established for the Commission a fund to be known as
Independent National Electoral Commission Fund.
Part 1 of the Act also provides in
Section 6. (1) that the Commission shall submit to the Ministry of
Finance not later than 31st August in each financial year an estimate of
its expenditure and income (including payments to the Independent
National Electoral Commission) during the next succeeding financial
year. The provisions in part 1 of this Act goes on to state under
section 7 (1) that there shall be established in each State of the
Federation and Federal Capital Territory, an office of the Commission
which shall perform such functions as may be assigned to it, from time
to time, by the Commission.
It should also be noted that Part 1 of
the Third Schedule of the 1999 Constitution provides that INEC shall
comprise of the following members: the research shall therefore appraise
the roll of INEC in presidential election with a case study of the 2015
1.2 Statement of the Problem
Election constitute an essential part of
democracy and its management a defining component of its integrity,
determining its impartiality cannot be overlooked (Birch, 2008 &
2011; Elklit & Reynolds, 2002 & 2005; Gazibo, 2006; Hartlyn,
McCoy, & Mustillo, 2008; IDEA, 2006; Mozaffar, 2002; Mozaffar &
Schedler, 2002). Defining an autonomous electoral commission remains
problematic in comparative politics, but some patterns are becoming
crystal clear. Thus, we operationalized an autonomous electoral
commission by way of looking at its institutional setup capability,
operational efficiency in terms of electoral and financial endowment.
This conception is not a total rejection of the existing efforts in
particular of Inec but a highlight of the relevance of electoral
governance in determining election’s quality. Other unavoidable
challenges the most serious had been slow manner with which the
Commission printed and distributed the PVCs. It is clear that some
states of the federation could not get their cards as and when due, just
as some did received cards that do not belong to the receiving state.
This is possible considering the challenges of logistics. With this and
other challenges facing presidential elections, the research intends to
investigate the role of INEC in presidential elections with a case study
of the 2015 election.
1.3 Objective of the Study
1 To determine the nature of the 2015 presidential election
2 To determine the nature and role of inec in the conduct of the 2015 election.
1.4 Research Questions
1 What if the nature of the 2015 presidential election
2 What is the nature and role of inec in the conduct of the 2015 election.
1.5 Significance of the Study
The study shall provide a framework of reference of the nature and roll of inec in the 2015 presidential election.
1.6 Statement of Hypothesis
1 Ho The 2015 presidential election was a failure
Hi The 2015 presidential election was a success
2 Ho The challenges of the 2015 presidential election was low
Hi The challenges of the 2015 presidential election was high
3 Ho The impact of the roll of Inec in the 2015 presidential election was low
Hi The impact of the roll of Inec in the 2015 presidential election was high
1.7 Scope of the Study
The study focuses on the role of inec in presidential election with a case appraisal of the 2015 election
1.8 Definition of Terms
Election defined
(Parliamentary Procedure) the selection
by vote of a person or persons from among candidates for a position,
esp. a political office, a public vote on an official proposition, the
act or an instance of choosing
PRESIDENTIAL ELECTION DEFINED
A presidential election is the election of any head of state whose official title is President.