The Socio-Economic Rights and Accountability Project (SERAP) has called on Nigeria’s 36 state governors to promptly disclose details of chairmen and members of their State Independent Electoral Commissions (SIECs), including their qualifications and political affiliations, if any, and the mechanisms of their appointment.
It said if they failed to do this in seven days it shall consider appropriate legal actions to compel them to comply in the public interest.
SERAP also urged the governors to disclose the details of the results of local government elections conducted in their states since 1999, and the voters’ register for any such elections.
The organisation has also asked the governors to clarify and explain how their states have complied with the requirements of the Nigerian constitution 1999 [as amended] and international standards on the conduct of periodic local government elections, including the details of any law regulating such elections in their states.
SERAP call came following the allegations by the Chairman of the Independent National Electoral Commission (INEC), Prof. Mahmood Yakubu, last week, that the conduct of local government elections in virtually all states has become mere coronation of candidates of the ruling parties.
In a Freedom of Information request dated June 1, 2024 and signed by SERAP deputy director, Kolawole Oluwadare, the organisation said: “State governors have the constitutional responsibility to establish and allow independent electoral commissions to conduct local government elections fairly and impartially.” SERAP said: “The reported interference by state governors in the operations of SIECs and apparent manipulation of local government elections are clearly incompatible with Nigerians’ right to effectively participate in their own government.”
According to SERAP, “Governors’ reported interference in the operations of SIECs and manipulation of local government elections have seriously undermined the sanctity and integrity of the electoral process and public trust and confidence in the process, as well as the integrity of the country’s democracy.
“Local government elections in several states are susceptible to manipulation by governors. The appointment process of chairmen and members of SIECs and the operations of these commissions are shrouded in secrecy.
“We would be grateful if the recommended measures are taken within seven days of the receipt and/or publication of this letter. If we have not heard from you by then, SERAP shall consider appropriate legal actions to compel you, your states and SIECs to comply with our requests in the public interest.
“State governors have also reportedly continued to undermine the enjoyment of people’s right to participate in their own government.
“The combined effect of the Nigerian constitution 1999 [as amended], the Electoral Act, and the country’s international obligations is the requirement that local government elections must be organised by a truly independent and impartial electoral body.
“Human rights treaties also require states parties including Nigeria to ensure the independence and impartiality of national electoral bodies responsible for the management of elections, as well as to promote the establishment of the necessary conditions to foster citizen participation.
“The Nigerian constitution, Freedom of Information Act, and the country’s human rights obligations rest on the principle that citizens should have access to information regarding their public institutions’ activities.
“The crisis confronting Nigerian elections and lack of public trust and confidence in local government elections can be addressed only if the elections are conducted by independent and impartial state electoral commissions and in accordance with the Nigerian constitution and international standards.
“Confidence in the country’s electoral process is increasingly on the decline. Many Nigerians are expressing concerns about the credibility and integrity of local government elections in your states.
“The major problem facing the country’s democracy is the lack of respect for Nigerians’ right to participation and the concomitant lack of trust in election results. If citizens do not believe in the election process, then the entire system of democratic government becomes a questionable enterprise.
“As its name suggests, SIEC is expected to maintain independence or absolute neutrality.
SIECs must not only be independent and impartial, but must also be seen to be independent and impartial.
“However, the mere fact that SIEC has ‘independent’ in its name does not in itself make it independent.
What makes an institution truly independent and impartial are its attributes and characteristics, and the credibility and transparency of the appointment process.
“Your states have a legal responsibility to promote and guarantee the integrity, credibility, and independence of SIECs, and to ensure that the electoral commissions are free from political and other interferences.”
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