A joint report by the National Democratic Institute (NDI) and
International Republican Institute (IRI) has been released on the
just-concluded governorship and house of assembly elections.
Addressing a press conference in Abuja on Monday on the
preliminary report on the March 9 governorship election, the group
condemned the heavy military presence in some parts of the country
leading to disruption of the electoral processes.
The group also recommended the creation of appropriate
institutions to oversee political parties and prosecute electoral
offences.
BELOW READS THE FULL TEXT REPORT:
Preliminary Statement of the Joint NDI/IRI International
Observation Mission to Nigeria’s March 9 Gubernatorial and State
House of Assembly Elections
March 11, 2019, Abuja, Nigeria
I. OVERVIEW
This preliminary statement is offered by the international
observation mission of the International Republican Institute (IRI)
and the National Democratic Institute (NDI) to Nigeria’s March 9,
2019 gubernatorial and state House of Assembly elections. The
20-person mission, with members from 11 countries, was co-led by
Dr. Christopher Fomunyoh, Senior Associate and Regional Director
for Central and West Africa (NDI), and John Tomaszewski, Regional
Director for Africa (IRI). The mission visited Nigeria from March 4
– 11, 2019, and deployed 10 observer teams to 10 states covering
all six geo-political zones and the Federal Capital Territory
(FCT). The IRI/NDI deployment for the March 9 elections underscores
the significance of the state level polls for the consolidation of
democracy in Nigeria.
Through this statement, NDI and IRI seek to reflect the
international community’s interest in and support for democratic
electoral processes in Nigeria; provide an accurate and impartial
report on the electoral process to date; and offer recommendations
to consolidate democratic gains and improve future elections. The
mission builds on the findings of three joint IRI/NDI pre-election
assessments conducted in May, September and December 2018; an
observation mission deployed for the February 23 national
elections; reports submitted by members of the NDI/IRI mission
observing the March 9 state-level polls; and additional reports
prepared by thematic technical experts and in-country staff.
The mission conducted its activities in accordance with Nigerian
law and the Declaration of Principles for International Election
Observation. The mission collaborated closely with the European
Union (EU) observation mission and with Nigerian citizen observer
groups. The IRI/NDI mission is grateful for the hospitality and
cooperation it received from all Nigerians with whom it met,
especially voters, government officials, the Chairman and members
of the Independent National Election Commission (INEC) and polling
officials, party members and candidates, citizen election
observers, civic activists and members of the National Peace
Committee (NPC).
Summary of Findings
Many Nigerians continue to underscore the particular
significance of the March 9 state level
elections. Under Nigeria’s federal system, the 36 states and FCT
are the pillars of the country’s democratic architecture where the
decisions that impact citizens’ everyday lives are made. Moreover,
it is easier for citizens to hold to account elected leaders at the
state level than those at the federal level, because their actions
affect local services more directly. While a marked improvement was
seen in the administration of the March 9 state-level elections
compared to February 23, and the electoral environment was
generally calm in most parts of the country, the elections our
delegation observed were marred by irregularities, instances of
intimidation, vote-buying and violent acts during the voting,
counting, and collation processes in some places. Incidents of
violence and disruption to the balloting process were observed in
Lagos, Benue, Rivers, and Nasarawa states. The delegation was
informed of the loss of life as a result of election-day violence.
The mission deplores these losses and expresses its deepest
condolences to the bereaved and to the Nigerian people. These
actions and the impunity with which some electoral actors conducted
themselves, including some polling agents and members of the
military, undermine citizen confidence in elections and threaten
the legitimacy of Nigeria’s democracy.
In the days leading up to the March 9 elections, many states
still grappled with inconclusive candidate selection processes,
uncertainty about the parties to appear on the ballot and pending
litigation on these matters. The confusion generated by this
uncertainty hampered effective campaigning, and hence hindered
voters’ ability to make informed choices on election day. For the
most part, political parties were unable to resolve disputes
emanating from party primaries and candidate selection processes
through internal mechanisms. As a result, many aggrieved
individuals petitioned courts of law for redress, overtaxing INEC
and the country’s legal system.
Moreover, the intense focus on federal campaigns for the
presidency and National Assembly so close to the state-level polls
overshadowed local campaigns and may have also undermined the
mobilization of voters for the March 9 elections. There were very
few women in winning positions on the tickets fielded by major
political parties for the gubernatorial and state House of Assembly
polls. Despite being Africa’s largest democracy, Nigeria has the
lowest representation of women in national legislative office of
any country on the continent, and this representation will likely
fall below five percent following the February 23 National Assembly
vote. This is not a record to be proud of. Finally, many Nigerians
expressed deep concerns about the militarization of the election
process.
The NDI/IRI mission stresses that this statement is preliminary
in nature; the collation and announcement of final results has not
concluded, and IRI and NDI will continue to watch the remaining
phases of the electoral process. The mission recognizes that,
ultimately, it is the people of Nigeria who will determine the
credibility of these elections. As the 2019 electoral cycle comes
to a close, NDI and IRI call on all electoral stakeholders in the
immediate post-election period to take stock of and build consensus
on priority electoral reforms in order to rebuild popular
confidence in advance of future elections.
I. The Context Leading Up to State-Level
Elections
On March 9, gubernatorial races were held in 29 states and state
House of Assembly elections were held in all 36 states. Area
council elections occurred in FCT. In 19 states, incumbent
governors sought reelection. Heading into the March 9 polls, the
All Progressives Congress (APC) controlled the governorship and
state House of Assembly in 22 states, while the Peoples Democratic
Party (PDP) controlled 13 states, and the All Progressives Grand
Alliance (APGA) one. Supplementary elections were also organized on
March 9 for seven Senate and 25 House of Representatives seats in
14 states where polls were suspended on February 23 due to violence
or other disruptions.
The gubernatorial, state House of Assembly, and supplementary
elections were conducted in a context of lingering tensions in the
immediate aftermath of the February 23 national-level polls.
Moreover, numerous electoral disputes from last year’s party
primaries are still being litigated in the courts, creating
uncertainty about the status of individual candidates in certain
gubernatorial and state House of Assembly races.
Significance of state-level elections: Gubernatorial elections
are a better indicator of the strength of respective political
parties within each locality as opposed to elections for offices at
the federal level. Governors manage state budgets and play an
important role in mobilizing grassroots support. Similarly, state
Houses of Assembly exercise crucial oversight authority over state
executives and legislate on local concerns.
State-level elections are fiercely contested, as various groups
compete for access to public office and resources, and engage
patronage networks at the local level. Intra-state politics can
exacerbate pre-existing ethnic and religious tensions. The
delegation heard concerns that in states such as Lagos and Kaduna,
ethnic or religious divisions create fault lines that could become
drivers of election-related violence.
Inconclusive candidate selection processes: The absence of
internal party democracy and the lack of effective mechanisms for
resolving intra-party disputes contributed to highly contentious
party primaries in 2018 which resulted in more than 600 pending
court cases, some of them to resolve candidacies for state-level
offices. As one respected Nigerian commented, “parties and
candidates are relying on the court system to resolve problems
caused by their own opaque candidate selection processes.” In the
lead-up to the gubernatorial elections, court rulings on the
eligibility of parties and candidates in several states were issued
within days of the polls. Last-minute legal proceedings and
uncertainty about which parties would be on the ballot created
confusion among voters and may have hindered effective campaigning
by parties and candidates. These legal wrangling also posed
significant challenges in election planning for INEC and
overburdened the legal system.
INEC Communication: After the one-week postponement of the
presidential and National Assembly polls on February 16, INEC
increased public outreach and communications, including through
regular press briefings. However, while some information sharing
continued at the state-level through Resident Election
Commissioners (RECs), the frequency of communication from INEC
headquarters declined following the national elections. Only on
March 9 the day of the elections did INEC publicize the names of
the winners of the Senate and House of Representative elections and
the list of constituencies and polling units where supplementary
elections were to hold. Additionally, INEC has yet to release
detailed results from the national polls, has not responded
publicly to questions about the discrepancy in the number of
registered voters announced during the collation process, nor
explained the high number of cancelled votes in the February 23
polls.
Lack of Women’s Representation: The percentage of women
candidates running for governor and deputy governor increased
slightly this year from 6 and 17 percent respectively in 2015 to 8
and 26 percent. However, the two major parties did not field any
women candidates for governor. Additionally, of the 276 women
running for deputy governor, only five were candidates from APC or
PDP. Similarly, of the nearly 1,900 women running for state House
of Assembly seats, only 75 are from APC or PDP. As was the case for
the February 23 national elections, the vast majority of women
candidates for state-level elections ran on the tickets of newly
created parties, with little prospect of winning elected
office.
Thus far, the Nigerian government has not applied the 35 percent
affirmative action principle included in the 2006 National Gender
Policy, and the National Assembly has repeatedly missed
opportunities to adopt legislation that would support greater
participation of women in politics. A Gender and Equal
Opportunities Bill has been before the National Assembly since
2010.
Election-related Insecurity: In the lead-up to the March 9
polls, representatives of the two major parties accused each other
of planning to disrupt the electoral process in various states, and
the mission received reports of a spike in violent confrontations
between APC and PDP supporters. In Akwa Ibom, an alleged arson at
the INEC office in Ibesikpo Asutan LGA on March 8 destroyed smart
card readers, and INEC had to mobilize nearly 200 replacements from
other states within 24 hours. In this context, the INEC chairman
felt compelled to state publicly that the commission would not
declare any winners in cases of electoral malpractice, including
cases in which INEC officials may be forced under duress to declare
a winner, as happened in Benue and Imo states during the February
23 national polls. The killing of some INEC staff and citizens as a
result of the Feb. 23 and Mar. 9 elections, as well as incidents of
rape and other acts of sexual violence against women, are abhorrent
acts that merit serious investigation with the aim of ensuring that
perpetrators are brought to justice. The mission extends its
deepest condolences to the victims and families.
Positive initiatives in the lead up to the March 9 elections:
The mission noted several efforts by political leaders to decrease
tensions and foster the conduct of credible polls. Three days
before election day, President Buhari issued a statement stressing
the importance of peaceful state-level elections, and his main
challenger in the presidential race, former Vice President Atiku
Abubakar, used social media to call on PDP supporters to come out
in large numbers and vote peacefully on March 9. In a positive step
that defused tensions during a public demonstration staged by PDP
at INEC headquarters to voice concerns over the role played by some
security agencies during the national elections, INEC commissioners
invited PDP leaders into the building and immediately engaged in
discussions to address their concerns.
Gubernatorial candidates or their parties in 25 states signed
peace accords, committing candidates and their supporters to avoid
behavior that would endanger the peaceful conduct of the elections.
This innovation was an effort to replicate, at the state level, the
2019 Abuja Accord facilitated by the NPC and signed by all
presidential candidates at a public ceremony on February 13. Some
of the state level agreements were facilitated by the NPC, and
others by INEC and the Inter-Agency Consultative Committee on
Elections (ICCES).
Well-respected Nigerian civil society organizations such as
CLEEN Foundation, Situation Room, and YIAGA Africa, maintained
efforts at monitoring the elections to support a credible electoral
process. The Centre for Democracy and Development (CDD) supported
balanced and professional media reporting on the electoral process,
in an effort to curb disinformation and hate speech. Other groups,
such as the Youngstars Development Initiative (YDI), intensified
calls for peaceful citizen engagement in the elections. There were
also instances of grassroots groups, such as Imo Youth, calling for
violence-free polls and good governance.
III. ELECTION DAY OBSERVATIONS
Participation: Overall, voter participation in the polling units
observed by the NDI/IRI mission was low. Women and youth were
well-represented as polling officials, party agents and observers,
with a significant number of women serving as presiding officers in
polling units. In addition, observers found that voting rights for
internally displaced persons (IDPs) were generally respected, with
IDPs in Benue and Adamawa permitted to vote in their camps.
However, IRI/NDI observers noted significant impediments to voting
for persons with disabilities and the elderly, as many polling
units were not physically accessible to these voters.
Set-up and Opening: Most polling units that NDI/IRI observed
opened on time and received all essential materials prior to
opening. However, in parts of Lagos, Nasarawa and Kaduna states,
observers noted serious delays in the opening of some polling
units. Such delays were generally due to the late arrival of INEC
staff or party agents and the late distribution of materials from
the Registration Area Centers (RACs). In Ikeja LGA in Lagos, many
polling units opened late, some as late as 11:00 am, due to a
strike by polling officials demanding backpay for their services on
February 23. These delayed openings created tension and
disorder.
Voting: For the most part, voting was calm and polling officials
performed their duties according to procedure. Overall, observers
reported few instances of overcrowding; however, this may be due to
low voter turnout in many states. In general, accreditation and
voting procedures were followed according to INEC guidelines.
Polling officials verified permanent voter cards (PVCS) using the
smart card readers; where fingerprints could not be authenticated,
procedures for manual accreditation were generally followed and
voter details were checked against the register. Where IRI/NDI
observed, there was generally gender balance among INEC and ad hoc
election officials.
NDI/IRI observers reported that smart card readers were
functioning in most polling units. In the few instances where they
malfunctioned, the problem was immediately reported, and voting was
suspended until the smart card reader was replaced. In some polling
units in Lagos and Nasarawa states, the delay caused by
malfunctioning smart card readers raised tension among voters who
had been waiting in line for long periods.
As was also noted by IRI/NDI observers during the February 23
polls, the secrecy of the ballot was not uniformly protected in
polling units observed. Insufficient physical space within some
polling units meant citizens marked and cast their ballots in very
close proximity to party agents, polling and security officials,
and the general public. Some polling units in Lagos State did not
have voting cubicles and did not provide adequate space to protect
voter privacy. Moreover, much like the February 23 elections,
instances of assisted voting exceeded the mandate set out in INEC’s
regulations.
Closing: In the majority of polling units where NDI/IRI
observed, the atmosphere at closing and counting remained calm and
orderly with polling officials mostly following procedures outlined
in INEC guidelines. However, in some locations the atmosphere was
tense and procedures were not followed. In particular, observers in
Rivers reported party agents were not given an opportunity to sign
the results form; in Akwa Ibom, party loyalists attempted to
disrupt the counting process; in Imo, polling officials were
uninformed about the procedures to handle unused ballots; and in
Nasarawa, polling officials were not provided the means to
transport election materials to the collation center, hindering the
security of sensitive materials. Of most concern, IRI/NDI observers
witnessed a melee in a Benue polling unit when, during the count,
aggrieved voters looking to receive cash for their vote violently
confronted party agents. INEC officials in this polling unit were
forced to stop counting ballots and relocate to the collation
center to complete the process.
Collation: The delegation heard concerns expressed by reputable
citizen observer groups about serious irregularities and violence
at collation centers in many parts of the country. These groups
also reported that observers and party agents were chased away or
barred from the collation centers. IRI/NDI observers similarly
noted issues at collation centers in Adamawa, Benue, Lagos,
Nasarawa, and in Rivers state where observers saw INEC officials
flee a collation center due to a rumored threat of an attack.
Electoral Offences and Violence: Observers reported cases of
violence and intimidation in Imo, Adamawa, and Akwa Ibom states. In
this last state, frustrations rose between party agents and among
voters over overt campaigning in the polling unit. NDI/IRI
observers also reported in Benue that four polling officials were
kidnapped as they travelled to the collation center and that voting
had to be rescheduled in at least three locations where violence
occurred. The civil society coalition Situation Room reported a
total of seven deaths by midday, in addition to several kidnappings
in Rivers state. These incidents and the fire in Akwa Ibom that
destroyed smart card readers and voter registers for one LGA on
March 8 reinforce the impression of concerted attempts to disrupt
the election process in certain localities.
Overt vote buying in the form of distribution of cash and food
inside or near polling units was observed in Akwa Ibom, Benue, PCT,
and Imo. Notably, open voting in polling units in Akwa Ibom allowed
party agents to see marked ballots and to direct voters to a
location near the polling unit to receive payments. The REC for
Benue confirmed an incident whereby large bags of cash were
intercepted by the Economic and Financial Crimes Commission (EFCC).
The EFCC officials were subsequently attacked by party
representatives.
Security services and the military: Police and unarmed security
officials, for the most part, conducted themselves with restraint
and professionalism in polling units where NDI/IRI observed.
However, our observers reported a heavy military presence in some
areas, including near polling units, which heightened tensions and
raised fears of imminent military intervention in the election
process. Media and credible observer groups also reported that the
military disrupted the polls in some areas, including in Rivers
state where soldiers deployed heavily around INEC’s office.
Political party agents: As with the presidential and National
Assembly elections, the over-involvement of party agents was
widespread in polling units observed, including instances in
Nasarawa and Benue states where party agents accompanied voters to
the voting cubicles and helped them mark and cast their ballots, in
violation of procedure. Finally, the poor accreditation and
training of party agents remains a major hindrance to an orderly
and free voting process. ‘
IV. RECOMMENDATIONS
The delegation heard from many Nigerians that, in comparing the
conduct of the 2019 polls to those of 2015, they are disappointed
with the lack of progress in election administration and with the
performance of political parties in elections. Nigerian democrats
recognize that this election cycle coincides with the 20th
anniversary of the country’s transition to civilian democratic
rule. We therefore urge a national conversation on progress made
and vulnerabilities that must be overcome to further strengthen the
credibility of electoral processes and safeguard the country’s
democracy. In the spirit of international cooperation, the IRI/NDI
mission offers the following recommendations:
To the Executive Branch of Government: Expedite the adoption of
comprehensive electoral reforms in order to lay the groundwork for
an improved electoral framework. Implement fully and expeditiously
the recommendations of Nigerian-led reform initiatives such as the
reports from the Uwais Commission (2008) and the Nnamani Committee
(2017), and create appropriate institutions to oversee political
parties and prosecute electoral offences, responsibilities that
currently impede INEC’s focus on election administration.
Adopt and apply measures to achieve the 35 percent affirmative
action for women in both elective and appointive posts as
envisioned in the 2006 National Gender Policy. Investigate the
actions of the military and hold accountable those who violated the
electoral and other laws.
To the National Assembly:
Undertake and pass amendments to the election law that address
the challenges and lessons learned from the 2019 electoral cycle,
and do so early enough to allow these changes to be implemented
before the next round of state or national elections.
Prioritize legislation that would promote women’s leadership and
political participation, notably by the adoption of the Gender and
Equal Opportunities Bill.
To INEC:
Publish complete and detailed state level results as well as
national results in a timely manner.
Conduct a comprehensive review of the conduct of the 2019 polls
that involves a full spectrum of election stakeholders.
Review the recommendations from credible domestic and
international observer groups to improve the electoral framework
and conduct of elections.
Enhance communications and data management between the state and
national levels to ensure that information about election processes
and results are shared with the public in a timely and transparent
manner.
Reconsider the order and timing of general elections in Nigeria
to ensure sufficient time for election preparations and to promote
voter participation and engagement at both the grassroots and
national levels.
Fully empower presiding officers to exercise their authority to
act on election offenses when they occur.
To political parties and candidates:
As stated in NDI/IRI’s February 25 statement, there is an urgent
need to strengthen mechanisms for internal democracy, especially to
encourage leadership of women and youth.
Develop internal mechanisms for effective resolution of
intra-party disputes.
Work across party lines to identify common priorities and
support electoral reform. Abandon electoral practices such as voter
intimidation, vote buying, and other disruptions of the election
process that undermine citizen confidence in elections and
democratic governance.
Develop state-level platforms and policy positions that take
into consideration localized priority issues upon which voters can
base their choices.
Strengthen relationships between party structures and elected
representatives in the National Assembly and at the state level to
support parties’ reform agendas and ensure campaign promises are
met in ways that improve the well-being of citizens.
To civil society:
Convene national and state-level multi-stakeholder dialogues to
draw lessons from the 2019 election process and galvanize
broad-based public support for electoral reform.
Drawing upon lessons learned from the #NotTooYoungToRun campaign
and the passage of the Discrimination Against Persons with
Disabilities (Prohibition) Act, create a broad-based coalition and
aggressively champion coordinated advocacy efforts to increase the
political participation of women. Enhance efforts to channel
citizen priorities at the state and local level to elected
representatives and state-level party structures in an effort to
promote more responsive and accountable governance.
To security agencies:
Work with INEC to enforce the electoral law by investigating and
prosecuting perpetrators of election-related criminal acts.
Investigate and sanction security personnel who violate the
rules of engagement on election day.
Most importantly, we call on the Nigerian people to claim,
protect, and defend their democracy and respect the rights of
fellow citizens to participate peacefully in the political
process.
Meaningful democratic progress can only be achieved if Nigerians
continue to champion their civic duties and responsibilities.
V. About the Mission
Both IRI and NDI have deployed international election
observation missions to all general elections in Nigeria since the
1999 transition from military to civilian democratic rule. NDI and
IRI are nonpartisan, nongovernmental organizations that support and
strengthen democratic institutions and practices worldwide. The
Institutes have observed collectively more than 200 elections in
more than 50 countries over the last 30 years.
The joint IRI/NDI observation mission for the March 9 elections
built upon three NDI/IRI preelection assessment missions conducted
in July, September and December 2018, and an election day
observation mission deployed for the February 23 national polls.
The IRI/NDI mission conducted its activities in accordance with the
Declaration of Principles for International Election Observation,
which was launched in 2005 at the United Nations, and the laws of
Nigeria. It also considered international and regional electoral
standards, including the African Union (AU) African Charter on
Democracy, Elections and Governance, as well as the Economic
Community of West African States (ECOWAS) Protocol on Democracy and
Good Governance.
The delegation’s work was funded by the United States Agency for
International Development (USAID).
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