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.
ELECTORAL COLLEGE
The Electoral
College is the formal body that elects the President and Vice
President of the United States. The Founding
Fathers established it in the Constitution as a compromise of sorts between
having the President be elected by Congress or by a popular vote of the people