31 Dec 2007 |
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Dear Reader:
Some pages of INEC's Official Report of the 2007 General Elections (Updated Version) as distributed by INEC's Maurice Iwu and Company at the Washington, DC briefing of December 18, 2007 are hereby scanned and provided as a "public service." The hard copy of the full report is appreciated, but INEC would do well to make it also available on its website too. That would fulfil all righteousness. As to how INEC could have organized free and fair elections under the very environment that it described, only Iwu's INEC and INEC's Iwu can tell the world. May we hope for a better 2008 in Nigeria ! [Amen.]
Bolaji Aluko December 31, 2007
INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC 2007 Updated Version)
Excerpts:
- PREFACE (Page 3 ff of Report) - AN ABNORMAL POLITICAL SETTING (Page10 ff) - CRISES IN POLITICAL PARTIES (Page 11 ff)
Page 3 following
PREFACE
The annals of Nigeria’s political development in its 47 years as a sovereign nation are replete with trials and triumphs. The challenges of evolution for the dynamic and heterogeneous nation have been varied and enormous, but its capacity to overcome odds remains unparalleled.
It will surely take a while before the culture and institutions of democracy become firmly entrenched within the Nigerian state. The reason for this is simple; prolonged military rule. Against the backdrop of this recent history of prolonged military rule, with its attendant corrosive impact on democratic values, Nigeria has done extremely well as an emerging democracy. Not many countries have survived prolonged reign of dictatorship and remained remarkably cohesive as a democratic state.
Even for the most advanced of democratic systems today, managing elections remains a very critical challenge. For an emerging democracy in a dynamic, heterogeneous society where a crop of deep pockets nurtured under the ancien regime is yet to come to terms with the limitations of impunity inherent in a democratic order, and where the electorate is yet to appreciate its powers, the difficulty in managing elections is bound to be more acute. That is really the greatest challenge of elections in Nigeria. As the saying goes, “When people are so wrong for so long in the same subject and in the same direction, the failure is not of intelligence but of will. For such people, ignorance is a strategy; their problems lie not in finding the truth but of facing it.”
Although democratic governance was ushered back into Nigeria in 1999 and the country had thrived for almost eight unbroken years under that order by the time the 2007 election was due - a record by the past standard of the country - a certain historical reality added weight to the challenge of the 2007 General Elections. As of the time of the election, Nigeria had not managed to transit from one democratically elected government to another. The point of transition always became the point of rupture.The Independent National Electoral Commission was mindful of the historical challenge of the 2007 election and was determined to propel the nation, to break the jinx. Preparations for the elections were comprehensive and thorough. Considerable effort and resources were expended in addressing critical issues that would enhance the environment of election.
A new electoral law that derived from component elements of the draft, which the Commission sent to the National Assembly in 2004, was eventually passed into law in 2006, albeit with significant limitations. The political space was opened up through the registration of more political parties, a policy designed to accommodate more tendencies and political interests in the system. A new regime of voter registration was introduced based on an electronic platform that not only captured the photographs and biometric data of registered voters, but has the dynamic feature to curtail such grievous loopholes as multiple registrations. Permanent voters’ cards that incorporate vital biometric data from the Electronic Voters Register was introduced not only to simplify voter registration in the future but to also serve as a voter identification card. The use of customized ballot papers for each electoral constituency was introduced for the first time in Nigeria’s electoral history in order minimize ballot-box stuffing. Intensive voter education and enlightenment campaigns were carried out by the Commission while series stakeholders’ consultations and conference were organized regularly.
The establishment of the Electoral Institute in collaboration with three Nigerian universities, will further institutionalize the innovations an reforms introduced for the 2007 elections. The Institute will make electoral system reform an adaptive management programme, which will constantly seek to optimize electoral democracy in Nigeria.
With every sense of humility and service to my country, I unequivocally state that in all, the Commission went the extra mile in ensuring not only that the elections were held, but that they were successful, free and fair.
Even for this comprehensive preparation, the Commission had little control over the tendencies and actions of the political class, as well as the political environment that prevailed before and during the elections. Although the Commission had taken steps to improve on the quality of political party administration through organizing relevant workshops, reining in the politicians on the field was a completely different flatter. As the polls drew nearer, it became progressively clearer that the unwholesome habits of the past would still prove problematic in the process. The negative mindset of the political class and their supporters regarding lections and fair competition was underscored by reported cases of inappropriate behaviour in some cases at some of the polling centres.
Without any power of enforcement of its rules, the Commission relied mainly on peoples’ ability to do the right thing and the willingness of the relevant authorities to enforce the rules. Even where there were cases of imperfections in the conduct of the elections, the Commission lacked the legal authority to intervene with the results as declared by any returning officer.
A major and unprecedented political crisis, in which a ruling party split, with an incumbent vice president contesting for the presidency under another party platform, threw up not only a heavy political dust but also serious constitutional questions. The legal tussle that emanated from this unprecedented development was not resolved till five days to the presidential election. The Commission was compelled to print a new set of ballot papers for the presidential election, which arrived in Nigeria only hours to the commencement of polls and had to be distributed to the more than 120,000 polling units located in 8,800 wards of the country, some of them located in extremely difficult terrains.
The elections were also framed by widespread skepticism about the government’s commitment to the process - a disposition largely informed by the two failed attempts to amend the Nigerian Constitution; first, at the Political Reform Conference and more divisibly at the National Assembly debate on constitutional amendment. The effort by the legislators to amend the Constitution was heavily politicized by the allegation that the executive branch of government had planned to extend the tenure of office of the president and some of the governors. The political intrigues and maneuvers generated by what came to be known as ‘The Third Term Agenda” further contributed to the pollution of the political environment before the elections.
If the charged political environment in which the elections were held was unprecedented, the enormous effort and resources committed by some interest groups to distract and discredit the Commission before the election were unimaginable. No electoral body any where in the world had conducted an election under the prevalent atmosphere leading to the 2007 elections. The assault on the Commission was total. Hitherto neutral bodies such as civil society organizations, international election observers, sundry NGOs and sections of the media were infiltrated and then mobilized to undermine the credibility of the Commission and the election even before it was conducted. Foreigners may never fully understand the excessively adverse influence of money on the Nigerian polity. For the uninformed, it is important to stress that some of the forces that sponsored the attempts to destroy the Commission and individuals associated with it, were not only active politicians but extensively wealthy entities with very sophisticated political machineries that carelessly incited mayhem and then retreated into the anonymity of their wealth.
The successful conduct of the 2007 Elections remains an abiding tribute not only to the personnel of the Commission, but to the resilience of the Nigerian society which proves itself very discerning at crucial junctures. With the 2007 election, Nigeria finally succeeded in breaking the jinx of not transiting from one democratically elected government to another.
As the comprehensive report of the conduct of the 2007 General Election shows in the subsequent pages, there were logistics problems, sundry operational difficulties and lapses here and there in the conduct of the elections across the states. Most of these were beyond the control of the Commission. Nonetheless, the elections were successful by any sober analysis and the outcome reflected the intent of the Nigerian electorate.
The official report of the 2007 General Election provides the authentic insight into the election that Nigerians and all those with interest in the progress and democratization of Nigeria will surely find useful. The results summarized in the report are as presented by the Resident Electoral Commissioners and their field staff. For the presidential election, field results were also independently transmitted directly to INEC’s headquarters in Abuja through the Commission’s secure and dedicated electronic network.
Even for the comprehensiveness of this official report, it does not and cannot contain details of numerous difficulties or better still, nightmares - many of them man-made which the Commission had to contend with in the process of conducting the 2007 General Elections. This Report does not contain the detail of a distracting and strange challenge to a tug of war presented to the Commission by the department a the Finance Ministry charged with the straight forward task of ensuring that the Commission’s major electoral expenditure meets due process standards.
Nor does the Report contain the nightmare experienced in the registration of voters’ exercise where three international companies in three different continents awarded the contract to supply Direct Data Capture equipment for the registration failed as one to deliver the needed items on the date the registration exercise was billed to commence. The situation saw the Commission commencing the registration exercise with only 1000 DDC equipment as against the 34,000 it ought to have taken possession of.
There is also the story of how the Commission printed fresh 65 million ballot papers for the presidential election within three days following the ruling of the Supreme Court. This Report cannot contain full details of the drama experienced in solving that logistics nightmare. There was, for instance, the story of the aircraft that was chartered in Nigeria to convey the ballot papers back from the printers in South Africa. The aircraft dutifully traveled to South Africa and having landed there simply parked at the airport and refused to convey back its prized cargo. The reason for the strange conduct of the airline pilot may not be far from the all- engrossing politics of the 2007 elections.
But there were also uplifting cases, such as the heroic role played by the various services of the Nigerian Armed Forces in distributing the ballot papers across the country the night preceding the election and in the early morning of the Election Day. Had the Armed Forces not helped to fly ballot papers across the country on that fateful night, it is doubtful that the presidential election of April 21, 2007 would have held successfully.
Such other incidents as the determined efforts by some politicians and their groups to secure judicial orders at every juncture in the electoral process to halt the process abound, but may not be fully recounted in this Report. Up till the morning the result of the presidential election was announced there were still some elements searching for judicial means and any other means to halt the transition to a new government. the determination in some quarters to undermine the transition process was that high. Fortunately, the Commission was more determined and God was on the side of the nation.
Conducting election does not tantamount to going to war. It is not supposed to be so. But the Commission had some of its personnel shot dead and some others seriously wounded in the course of conducting the 2007 elections. Under such a setting, the distinction between being in a war front and conducting an election becomes blurred. It is of utmost importance that in analyzing the 2007 elections, the environment of the elections and the prevalent mindset of the political class as critical factors in the character and outcome of elections be properly focused on.
It would be remiss if I fail to acknowledge and commend the dedication of majority of Nigerians to the democratic development of their fatherland. I owe immense gratitude to the members of the Commission, staff and volunteers for their hard work, dedication and the discipline to remain focused under extremely tasking circumstances.
Democratization is undoubtedly a process. Democracy, as some experts have argued remains ‘an essentially contested concept’, which we can never all agree to define in the same way because every definition is crafted within a specific cultural matrix with inherent social, moral, or political agenda. In practice, however, there exists some congruence between democracy, perceived as a set of societal values and democracy perceived as a set of institutional arrangements. One cannot advance the cause of democracy without the essential attributes of both institutional capacity and a healthy social order.
Nigeria’s journey towards a smooth electoral process and stable democratic society of our aspiration may still have some distance to cover, but the 2007 General Elections constitute a push forward. For one, the jinx of transition has been broken for good in Nigeria’s political evolution. For another, invaluable lessons and experiences have been garnered from the extra- ordinary circumstances of the 2007 elections and these can only lead to improved conduct of elections in the future, all of which will be to the interest of the nation and the glory of God.
[Signed]
Prof. Maurice M. Iwu Hon. Chairman, INEC Abuja September2007.
Page 11 Following…….
AN ABNORMAL POLITICAL SETTING
Since the re-establishment of democratic governance in Nigeria in 1999, the Peoples Democratic Party (PDP) has held a firm con- trol of both the executive branch and the leg- islature at the centre. Gradually, however, es- pecially after the 2003 general elections, the PDP began to experience telling internal dis- content and quarrels which pitched its promi- nent leaders against themselves.
Differences and quarrels within a political party under a democratic order are not en- tirely strange occurrences. Steadily ,however, the quarrels within the ruling party degener- ated into a crisis. It was but a matter of time before what ordinarily was an intra-party af- fair became a national burden. The Indepen- dent National Electoral Commission and other agencies involved in the preparation for the 2007 elections soon found themselves con- fronted with a new set of problems which had their roots in the crisis within the ruling party. The more the Commission tried to distance itself from the problems within the ruling party, the more efforts were made by some groups to link the Commission with what was the headache of a political party.
In 2006, an Administrative Panel of Inquiry set up by the Government to investigate the ap- propriateness or otherwise of the manage- ment and use of public funds by senior gov- ernment officials in some sensitive public enterprises indicted the Vice President, Alhaji Atiku Abubakar, for acts of impropriety. The Government accepted the Inquiry’s report and proceeded to issue a White Paper on the in- dictment. Thereafter the indictment was gazetted as public record.
The indictment of the Vice-President had a definite and serious implication, especially for someone with political aspiration. Section 137-(1) of the extant 1999 Constitution of the Federal Republic of Nigeria which outlines the condition which renders a person ineli- gible to contest for the office of President clearly states one of such disqualifying grounds to include if the person “has been indicted for embezzlement or fraud by a Judicial Commission of Inquiry or an Ad- ministrative Panel of Inquiry or a Tribu- nal set up under the Tribunals of Inquiry Act,a Tribunals of Inquiry Law or any other law by the Federal or State Govern- ment which indictment has been accepted by the Federal or State Government re- spectively”.
The office of the Attorney General of the Fed- eration subsequently informed the Commis- sion of this legal development. Thus the Com- mission was confronted with a provision of the law of the land which it had no choice but to comply with. The Vice-President and his supporters would wish, however, that the commission turned a blind eye to his indict- ment and its place under the law. The inability of the Commission to bend led to its being subjected to such a massive and unrelenting assault as no Electoral Commission has borne before, whether in Nigeria or else- where.
As the differences within the Presidency turned into a confrontation and further ex- ploded into full blown political war of attrition between the Vice-President and the rest of the Presidency, preparations for the 2007 elections were confronted with a new and grave problem. In due course, the Vice Presi- dent left the ruling party and joined one of the new political parties where he easily picked up the ticket for the presidential election. He remained in office as Vice President though, further highlighting the complexity and awk- ward political circumstance in the nation in the days and weeks leading up to the general elections.
The split within the ruling party and the Presi- dency was not all the problem that confronted preparations for the 2007 elections from the ruling party. The party and especially the Presidency inexplicably found themselves in the thick of what came to be known as the ‘Third Term” plot — a highly volatile controversy triggered off by wide suspicion and cel- ebrated allegations that the Presidency was seeking ways to amend the Constitution to pave way for elected officials of the Federal and State governments whose second and last term in office was to expire with the 2007 elections to gain a new tenure.
The strong suspicion of the “Third Term” agenda led to the unfortunate total rejection at the National Assembly of a wholesome ini- tiative to amend the Constitution. The failure of the initiative to amend the Constitution also killed very important draft recommendations on reform in the Commission and the elec- toral process which were part and parcel of the proposed amendment. Once more, the Commission found itself a victim of political intrigues and maneuvers it had no control of or were privy to. The controversy and finger- pointing over the “Third Term” issue further polarized the already divided sides within the PDP and created a huge, albeit unnecessary air of public doubt over preparation for the elections.
The process of preparing for the conduct of the election suffered tremendous distraction and bruises from this split at the Presidency and the high political temperature it engen- dered. With this development, the Commis- sion was infiltrated and some of its members became thinly veiled moles for the political belligerents in the very charged political arena. It became extremely difficult for deci- sions and strategic plans of the Commission towards the elections to be secured. Indeed, every effort was made to drag the Commis- sion into the political fray.
CRISES IN POLITICAL PARTIES
The crisis within the PDP was symptomatic of the problems and dissonance in most of the political parties in the crucial period lead- ing to the crucial election. There was very little in the bearing and internal order within the political parties to show that they were seri- ously organizing to contest and win elections.
All there seemed to be in large dose were ego play and selfish maneuvers by the lead- em of the parties who defined the interest and goal of their respective parties simply in terms of personal interests.
With the ruling PDP already encumbered by its bitter internal crisis, the other big parties were not in any better condition. The linger- ing dispute that had bedeviled the All Nigeria Peoples Party (ANPP) over the years got more malignant, leading to the leadership of the party splitting into two. One part indeed proceeded to form a new political party.
The All Progressive Grand Alliance (APGA) was bogged down by leadership disputes too, a situation which made it extremely difficult for the party to get focused, select candidates properly and meaningfully prepare for the elections.
Many other Parties experienced similar inter- nal problems. The Alliance for Democracy (AD) for insténce, had been in turmoil since a the 2003 election. The two leadership factions that emerged in the party were determined not to reconcile again. The situation was not any better in the newly formed and registered parties.
This setting did not in any way enhance the climate and preparations for the elections. While so much bad blood, tension and confu- sion were thrown up in the system, very little positive light was shone by the parties in terms of elevating ideas and meaningful manifes- toes for development. As a matter of fact, there were not much of real election pitches and enlightenment campaign by the parties. In- deed, not until the eleventh hour did virtually all the political parties pick their candidates. Aspirants who lost out in the flawed party pu- manes continued to scout the terrain looking for other parties that will give them ticket.
As key stakeholders in the electoral process, the political parties were found seriously want- ing in the preparations for the elections.
In the larger society, professional associa- tions, civil society organizations, non-govern- mental organizations, labour unions, media organizations and even religious groups were compromised and mobilized by some of the feuding political gladiators to weigh in on the political warfare. It became difficult to have neutral and objective views on the elections and national politics.
Perhaps one of the most unfortunate aspects of this development was the infiltration of the folds of civil society organizations and the transformation of some of the vocal groups therein into political action committees, spon- sored and promoting partisan political agenda even as they still pretended to be civil society organizations.
In this setting, comments and assessments of aspects of the elections were suspect. Few, if any, of the comments were objective. Unfortunately, various international organiza- tions and groups who did not realise the ex- tent of the corrosive nature of the political con- flagration in the country, and how partisan seemingly neutral groups had become, found themselves led into assuming partisan posi- tions on the election. The main channels through which much of the distortion and coloured perception of the electoral process and the system were fed to the external bod- ies were the compromised civil society groups and a section of the media. These were still perceived abroad as unbiased, but in reality they were no longer the neutral conscience of the society. They had become participants in a highly charged partisan contest.
END EXCERPTS
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