INEC TO DEREGISTER SOME POLITICAL PARTIES

Date:

On behalf of the Chairman of the Independent National Electoral Commission, Professor Mahmood Yakubu, I welcome you to this State Level Review of the 2019 general elections. This review is taking place in all the States of the Federation and involves in house review and external review of the performance of the Commission before, during and after the 2019 general elections. The review targets all interest groups in the country and will be honest, robust, purposeful and goal oriented.

The Justification for Review

The Commission is resolved to correct some of the mistakes made during the 2019 elections and apply the lessons learned from some of the successes recorded in improving the regime of the electoral process. In evaluating and reviewing its performance in the election the Commission is demonstrating its commitment to humane, credible and democratic conduct of elections in Nigeria.

The Electoral Legal Framework

The Electoral Legal Framework for the management and conduct of elections in Nigeria must be aligned and realigned to accord with the lessons and realities of the 2019 general elections. The lessons intersperse every aspect of the electoral process. Part of the lessons revolves around the management and conduct of political parties and political party primaries.

Political Parties in Nigeria

The Chairman of the Independent National Electoral Commission has flagged off conversation relating to the number and quality of Political Parties in Nigeria. Presently, there are 91 registered Political Parties in Nigeria and 73 of the said Political Parties fielded candidates for the 2019 Presidential elections. As at the time the commission suspended registrationof new Political Parties before the 2019 general elections, 11 associations have paid the one-million-naira administrativefeefor registration. Out of the 11, one (Boot Party) was formally advised that its application failedbut later the Commission was informed by the Legal Department that the said Party has been registered through the instrumentality of the Court. Another 3 of the 11 were making corrections to their applications. Another 3 of the 11 were awaiting verification visit from the commission. 4 of the 11 were yet to return their application Form PA.Additionally, since the conclusion of the 2019 Elections , 3 new associations have appliedto be registered as Political Parties, thus joining the 79 associations that failed initial assessment of the suitability of their proposed names and or logos.

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Nigerians must engage in root and branch review of the number of registered parties in Nigeria. The present framework for the registration of political parties is inadequate to guarantee the registration of qualitative, membership driven and ideologically propelled political parties. Some of the Political Parties are mere platforms and have no concrete and visible presence in most States of the Federation. The presence of too many political parties on our ballot papers has in some instances confused some of out compatriots that are not well endowed in literacy. It has bloated the ballot papers and result sheets and trucking them to the polling units has become a logistics nightmare.

The Commission will present alternatives to the Nigerian people including alteration of the constitutional regime that ties registration of Political Parties to visible, verifiable and concrete presence and structures in at least half of the States of the federation. The Commission will also propose a rational and democratic threshold for getting on the ballot and save the Nigerian people the phenomena of “also ran”.

The Commission will also propose further alteration of the conditions for the deregistration of Political Parties as the 4thAlteration to the Constitution is inadequate to weed out dormant and commercial platforms with little or no visible structures and presence in any of the States of the Federation. The Nigerian people need Political Parties that can bid for political power and not mere commercial platforms for hire.

Management and Conduct of Party Primaries

The Commission believes that the conduct of opaque and flawed party primaries is at the root of the plethora of pre-election matters pending in the various Courts. The Commission has issued Certificates of Return in some cases based on Court Orders, withdrawn Certificates of Return based on Court Orders , restored withdrawn Certificates of Return based on Court Orders and withdrew the said Certificates again based on Court Orders.

The Commission believes that this is not healthy for the electoral process. The Commission will propose constitutional alteration that aligns the resolution of pre-election issues and the activation of the issuance of Certificates of Return to the 21day rule in the Electoral Act, 2010(as amended). In other words, lodging an appeal within 21days of obtaining an unfavorable judgment at the Court of first instance automatically stays the execution of the judgement and the issuance of a Certificate of Return pending the determination by the Court of Appeal and possibly the Supreme Court of the appeal. The 60day timeline for the determination of appeals arising from pre-election matters is reasonable and rational and will prevent the present challenge of issuing and withdrawing and re-issuing Certificates of Return to candidates.

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The Commission will also propose constitutional and legal alteration to the legal framework that makes for the disposal or determination of all pre-election matters before the conduct of elections. The 180 days allowed the Courts of first instance to determine pre-election matters dovetails into the conduct of elections. A 60-day time frame for the Court of first instance is adequate to accommodate some of the issues arising from party primaries and the management of political parties.

The Commission will engage the leadership of the judiciary relating to the territorial jurisdiction of the Federal High Court relating to the handling of pre-election matters. A situation where primaries are conducted in one state and all the suits relating to same are trucked to another state for determination is not healthy for our electoral process. The Commission will also engage the leadership of the Commission relating to multiplicity of court orders on the same issues and by the same parties and from courts of coordinate jurisdiction.

The Commission will design, and test run a new framework for the monitoring of the primaries of political parties. The Commission will henceforth tie the acceptance of the list of candidates of political parties emanating from party primaries to the authentication of the results of the outcome of the said primaries. In other words, the Commission will not accept the list of nominated candidates that are at variance with the clear intendment of section 87 of the Electoral Act.

The Commission therefore supports the proposition that any political party intending to conduct party primaries shall publish the in two national newspapers the date, the venue and the time for the conduct of the said primaries. “Gorilla approach” to the conduct of party primaries has no bearing and no foundation in section 87 of the Electoral Act 2010(as amended).

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The Logistics Challenge and the Need for a New Approach

We as a Commission must realize that strict adherence to timelines is fundamental to the conduct of good elections. Late procurement, late delivery and late deployment of election logistics leads to bad elections and creates security challenges for the electoral management body and the Nigerian people. The Commission is a place for patriotism and selfless service. It is a place for national service. The moment the managers of election respond to the stimuli of mercantilist disposition, the electoral process is brought to grief.

Electoral Officers, Collation Officers, Supervisory Presiding Officers and other managers of election must strive to have elementary knowledge of the electoral legal framework for the conduct of elections. Electoral Officers with little or no knowledge of the electoral legal framework for the conduct of elections are a danger to the electoral process.

Movement of materials to the various centers must be scientifically and logically done. Being time sensitive and security sensitive, any misstep in the movement of personnel and materials has far reaching implications for the electoral process.

We must evolve a new regime of hiring vehicles for the movement and reversal of personnel and materials. We cannot afford to make the same mistakes repeatedly. This review affords us the opportunity to celebrate our successes. It affords us the opportunity to learn from our challenges. It affords us the opportunity to understand our mistakes and failings and take remedial action in reversing them. To do this, we must be creative, innovative and communicate effectively.

On the Issue of Violence

The votes of the people legitimately cast in an atmosphere devoid of violence and intimidation is the true expression of their sovereign right and preferences. Violence and other unwholesome practices undermine the electoral process and casts a huge shadow on the democratic credentials of the Nigerian people. The political elite must strive to imbibe the democratic spirit and have faith in the electoral process.

Conclusion

On behalf of the Commission, I thank you all for your services to the Nigerian people and to the Commission and I wish you well.

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