The Socio-Economic Rights and Accountability Project (SERAP) has called on Nigeria’s 36 state governors to reveal comprehensive information regarding the chairmen and members of the State Independent Electoral Commissions (SIECs).
This includes their qualifications, any political affiliations, and the mechanisms behind their appointments.
SERAP also pressed the governors to disclose the results of local government elections conducted in their states since 1999 and provide access to the voters’ register used in these elections.
Additionally, the organization urged the governors to clarify how their states have adhered to the Nigerian Constitution of 1999 (as amended) and international standards concerning the conduct of periodic local government elections. This includes providing details on any laws regulating such elections within their states.
This appeal follows comments made by the Chairman of the Independent National Electoral Commission (INEC), Prof. Mahmood Yakubu, who recently claimed that local government elections in nearly all states have become mere coronations of ruling party candidates.
In a Freedom of Information request dated June 1, 2024, signed by SERAP’s deputy director Kolawole Oluwadare, the organization emphasized that state governors have a constitutional duty to establish and permit independent electoral commissions to conduct local government elections in a fair and impartial manner.
“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.”
The letter reads in part: “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 7 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 organized 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 organisation lamented that “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,” it said.
“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.”
It said, “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.
“The credibility and legitimacy of elections depend in part on the integrity and competence of the body conducting the process, and the transparency of the appointment process for SIECs.
“You have constitutional and international obligations to ensure the independence of SIEC and build the confidence of the electorate and political parties in local government elections, and to promote public confidence in the appointment of SIECs’ chairmen and members.
“According to our information, the Chairman of the Independent National Electoral Commission (INEC), Prof. Mahmood Yakubu recently stated that “the conduct of Local Government elections in virtually all the states has become mere coronation of candidates of the ruling parties.
“The 36 SIECs in the country are responsible for the election of 768 local government chairmen and 8,747 councillors totalling 9, 515 constituencies.
“SERAP is concerned that SIECs lack the capacity and independence to effectively and efficiently perform their constitutional and statutory functions.”
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