The European Union Election Observation Mission (EU EOM) has called for legal and operational reforms in the Nigerian electoral process to enhance transparency, inclusiveness and accountability in the electoral system.
EU EOM specifically listed six areas it said, if implemented, could contribute to improvements in the conduct of elections in Nigeria.
The six priority recommendations were for the Nigerian government to remove ambiguities in the law, establish a publicly accountable selection process for the Independent National Electoral Commission (INEC) members, ensure real-time publication of, and access to election results, provide greater protection for media practitioners, address discrimination against women in political life, and impunity regarding electoral offences.
Presenting its final report on the 2023 elections in Abuja, EU EOM Chief Observer, Barry Andrews, said: “In the lead up to the 2023 general election, Nigerian citizens demonstrated a clear commitment to the democratic process.
“That said, the election exposed enduring systemic weaknesses and therefore, signaled a need for further legal and operational reforms to enhance transparency, inclusiveness, and accountability.”
EU EOM stated that shortcomings in the law and electoral administration hindered the conduct of well-run and inclusive elections and damaged trust in INEC. It further said with the aim of contributing to the improvement of future elections in the country, the EU EOM is offering 23 recommendations for consideration by the Nigerian authorities.
In the executive summary of the report, the EU EOM said the 2023 general election did not ensure a well-run transparent and inclusive democratic process as assured by INEC. It added that public confidence and trust in INEC were severely damaged during the presidential poll and were not restored in state-level elections, leading civil society to call for an independent audit of the entire process.
EU EOM said: “…Abuse of incumbency by various political office holders distorted the playing field and widespread vote-buying detracted from appropriate conduct of the elections. Incidents of organised violence shortly before and on election days in several states created an environment deterring voter participation. The media raised voters’ awareness, fact-checkers stood up against disinformation and civil society demanded INEC’s accountability.
“The overall outcome of the polls attests to the continued underrepresentation of marginalised groups in political life. Positively, candidates and parties disputing outcomes took their complaints to the courts, although the number of such cases was extensive.
“The electoral legal framework lays an adequate foundation for the conduct of democratic elections, with key regional and international standards being ratified. However, gaps and ambiguities in national law enable circumvention, and do not safeguard transparency, while also allowing undue restrictions to the rights to stand and to vote.
“Fundamental freedoms of assembly, association, and expression, while constitutionally guaranteed, were not always well protected. The widely welcomed Electoral Act 2022 (the 2022 Act) introduced measures aimed at building stakeholder trust.
“Leading political parties fielded only two female candidates for highly prized governor seats. This demonstrated a severe under-representation of women in political life and a lack of internal party policies to support inclusion, contrary to constitutional principles and international commitments.
“Excessive pre-election litigation exposed pervasive intra-party conflicts and, compounded by protracted legal deadlines for solving candidacy disputes, created uncertainty for voters, electoral contestants, and INEC alike.
“Among at least 1,200 court cases, some were perceived as politicised, others too technical while some overlapped with the polls. Some legal disputes negatively impacted candidates’ prospects to meaningfully campaign, while others risked undermining trust in the democratic process.
“The campaign, extended under the 2022 Act, took place in a shifting political landscape with ongoing realignments across party lines. It was competitive and presidential contestants conducted rallies nationwide, but naira cash and fuel scarcity and insecurity reduced activities and attendance.
“Canvassing was personality-centred, and many governors used their executive powers to tilt the playing field. Overall, divisive rhetoric with ethnic and religious undertones led to increased polarisation.
“The EU EOM recorded 101 violent incidents during the campaign, including at least 74 fatalities. Assassination attempts and killings increased closer to the polls, creating a particularly insecure environment in the southern states.
“In several northern states, systematic attacks by political thugs on rallies and political opponents were observed. The use of violence obstructed the campaign, disturbed the elections, and suppressed voter participation.
“Campaigning was also distorted by an influx of unrecorded money and despite campaign finance being comprehensively regulated the law appears largely ineffective.”
Reacting to the report, INEC National Commissioner and Chairman, Information and Voter Education, Festus Okoye, said the commission should not be judged based on the basis of a glitch in the result uploads for the presidential election.
