Chairman of the Independent National Electoral Commission (INEC), Professor Yakubu Mahmood has formally protested against misinformation making the rounds that the Commission has been the one responsible for the shabby elections being conducted in local governments across the country.
He complained that many Nigerians mistake the SIECs for INEC.
“Indeed, even some of the stakeholders, including candidates for Local Government elections, call them State INEC.”
Professor Mahmood, who spoke when the executive members of the Forum of State Independent Electoral Commissions (FOSIECOM) paid him a visit in his office today, May 22, said that both INEC and State Independent Electoral Commissions (SIECs) are separate entities created by the Constitution of the Federal Republic of Nigeria 1999 (as amended).
“The conduct of Local Government elections is fundamental to the proper functioning of our democracy. In fact, Sections 153 and 197 of the Constitution establish INEC and SIECs as two distinct and independent bodies with powers under the Third Schedule Part I (F)(14-15) and Part II (B)[3-4] to organise, undertake and supervise elections.
“While SIECs are responsible for the conduct of Local Government elections for Chairmen and Councillors, INEC conducts all other executive and legislative polls from presidential and governorship to national and State legislative elections.
“Our mandates are therefore clearly defined by the Constitution. “However, INEC is also empowered by Section 98 of the Electoral Act 2022 to conduct Local Government or Area Council elections in the Federal Capital Territory (FCT).
INEC boss regretted that the conduct of Local Government elections in virtually all the States of the Federation, by SIECs has become mere coronation of candidates of the ruling parties.
“It is time to stop the coronation and conduct proper elections. State Governors should allow the SIECs to have greater capacity for independent action.
“Many of the SIECs have no functional offices in the Local Government Areas in their States and cannot recruit their own permanent staff.
“In some States, the SIECs are either not properly constituted, have no security of tenure or their critical functions have been taken over by government officials. “Some SIECs are only constituted on the eve of elections and dissolved thereafter.
“They are also severely under-resourced to the extent that some of them rely on INEC even for basic facilities such as ballot boxes and voting cubicles.”
He said that the situation has forced INEC to reconsider some aspects of its relationship with the SIECs.
“Our support is now largely restricted to the voters’ register as provided by the Constitution.
“INEC cannot shoulder its own extensive responsibilities and at the same time extend almost limitless support to other independent electoral commissions for elections outside our mandate across the country from our lean Federal budget.
“INEC is not unaware of the ongoing discussions about the future of elections for the 774 Local Government Chairmen as well as Councillors representing the 8,809 electoral wards in Nigeria.
“However, under the extant law, the 36 SIECs are responsible for the election of 768 Local Government Chairmen and 8,747 Councillors, making a total of 9,515 constituencies. INEC conducts elections for the 68 constituencies in the FCT made up of 6 Area Council Chairmen and 62 Councillors, including bye-elections as they arise.
“It has been our earnest hope that the elections conducted by INEC in the FCT will provide a model for Local Government elections across the country.
“In spite of the challenges encountered, there has been a progressive improvement in the conduct of the Area Council Elections in the FCT.
“There is security of tenure for Chairmen and Councillors which is now four years.
“There are no caretaker committees as elections are held regularly. There is plurality in electoral outcomes as no single party has ever won elections in all the constituencies in the Area Councils.
“Happily, the Electoral Act 2022 that now governs the conduct of national and Area Council elections also applies to Local Government elections nationwide.
“This has been made possible by the efforts of INEC arising from earlier discussions with FOSIECOM on the imperative of a model law to govern the conduct of Local Government elections across the country.”
Professor Mahmood appealed to FOSIECOM to take the bull by the horns, saying that while there are legal and financial constraints to their operations, they should know that their independence does not draw from statutory or financial provisions alone.
“The courage with which you discharge your obligation to protect the integrity and credibility of elections is the most important determinant of success.
“There are no shortcuts to the discharge of this enormous responsibility.”
He reassured the State electoral bodies that INEC will continue to work with them to push the boundaries of electoral reform.
“Working together, we should continue to explore all avenues under the law to improve the conduct of Local Government Elections in Nigeria.
“However, you should always bear in mind that INEC and other stakeholders can only help you, but there must be a determination on your part to do the needful.”
The Chairman of FOSIECOM, Chief Barrister Jossy Chibundu Eze who is also the Chairman of the Ebonyi State Independent Electoral Commission, led other Executive Members of the Forum on the visit to the INEC.
