UWAI’S REPORT: ELECTORAL REFORMS- EXECUTIVE SUMMARY

We need credible elections in Nigeria....we should all do something about it, not just 'hope' and 'pray' it happens.......Start by reading this, a few politicians have started agitating that the report be adopted by NASS, we shouldd read the doc and make informed decisions on it. Here are some of the notable recommendations.
We must stop just talking & folding our arms, this the time to act.

1 Burden of proof shifts to INEC
2 10 yr ban for candidates whose elections are nullified by the court based of electoral malpractice
3 INEC should be unbundled: ie creation of new institutions that will make things better and reduce bureaucracy, (a) Electoral Offences Commission, (b) Political Parties Registration & Regulatory Commission
4 No foreign fund in our electoral processes
5 Room for independent candidate
6 Legislators cannot cross carpet
7 No of parties should be reduced
8 start e-voting system by 2011
9 Different gender for INEC chairman & deputy
10 Party funding should be based on performance
11 No party office holder should hold any position in govt.
Have a good day.

“Ensuring the conclusion of election disputes before swearing in of newly elected officials.

a) There is need to produce rules and procedures that enhance speedy disposal of election petitions.
b) The law should shift the burden of proof from the petitioners to INEC to show that disputed elections were indeed free and fair and complied with the provisions of the Electoral Act 2006.
c) Rules of evidence should be formulated to achieve substantive justice rather than mere observance of technicalities.
d) Elections to the office of President and Governors should be held at least six months before the expiration of their terms. A maximum of four months should be devoted to hearing petitions by the tribunals and another two months for hearing appeals by the Court of Appeal or Supreme Court. No executive should be sworn in before the conclusion of the cases against him/her. In the case of legislators, no one should be sworn in before the determination of the case against him/her.
e) INEC should have no right of appeal.

2.7 DEALING WITH POST-ELECTION TENSION.

2.7.1 Adjudication of Election Disputes and Reduction of Post-Election Conflict.

(a) The adjudication of presidential and gubernatorial election disputes should be concluded expeditiously, before swearing-in of winners of the elections. This will require the amendment of Section 132(2) and Section 178(2) of the 1999 Constitution and section 149 of the Electoral Act 2006.

(b) All offences committed within the electoral context should be prosecuted expeditiously. The prevailing atmosphere of impunity with regard to election offences should be ended by prosecuting and holding accountable those responsible for electoral offences, including those of a criminal nature. This would reduce the impunity which has marred Nigeria’s electoral process to date, and which threatens to undermine citizens’ confidence in the country’s political institutions.

(c) The Rules of Procedure in the First Schedule to the 1999 Constitutions and the Practice Directions 2007 are inadequate for quick and effective disposal of election petitions. A new exhaustive body of Rules is required to address shortcomings.
(d) The legal burden of proof to show that election was not mismanaged should always be on INEC. The petitioner only needs to introduce evidence of mismanagement to shift the burden.
(e) Corrupt practices should invalidate election per se once shown to be widespread.
(f) Aggrieved parties in electoral matters should be encouraged to continue to respect the rule of law and exercise their constitutional rights peacefully and where necessary, seek redress through constitutional means.

(g) Infringement of laws and regulations concerning the funding of political parties and electoral campaigns should be subject to effective sanctions. Greater efforts should be made by INEC and the relevant prosecuting authorities to initiate criminal proceedings for serious violations.
(h) I NEC should cooperate closely with security agencies to prosecute persons accused of committing such offences.
(i) A candidate shall be deemed to have committed a corrupt practice if it was committed with his knowledge and consent.
(j) A special prosecutorial body to be known as Electoral Offences Commission should be established to work independently in the arraignment and prosecution of electoral offenders. This will include offences arising from failings of INEC before, during and after voting day.
(k) When the Court of Appeal sits to hear appeals on election petitions, at least five judges should sit.

2.2.5.7 Enhancing Internal Democracy in the Political Parties.
(a) There should be reform of political parties with more insistence on intra-party democracy.
(b) Party conventions, congresses and meetings should be held regularly at all levels and should be free from undue interference. Such party conventions, congresses and meetings should adhere to the scope of their power and authority as entrenched in the party constitution.
(c) Party organs should play active roles in determining who is nominated to contest for positions in the party, appropriate to their levels.
(d) There should be no cross-carpeting under any circumstances.

(e)Given past internal problems concerning nomination of candidates, political parties should develop internal procedures for candidate nomination that are open, transparent, inclusive and democratic and require that those seeking nominations do not use intimidation, violence, bribery or similar unacceptable methods to gain nomination or office.

(f) Reports of Administrative Panels should not be used to disqualify candidates, Section 182(1)(i) of the 1999 Constitution should be amended to allow only Judicial Reports and Tribunals to be so used.

(g)A legal framework should be provided to support justiceability of party nomination. There is no need to expend time and resources on a primary election that will be discarded while courts stand helpless. Section 86 of the 1999 Constitution should be amended to allow a candidate who feels aggrieved in a primary election to go to court.

(h) The nomination process needs to be clarified and rationalised, ensuring that the procedures for nomination; appeals can be properly dealt with according the election, ensuring the timely identification printing of ballots. The law should be clarified to properly, fairly and definitively identify the qualifications for c respective responsibilities with regard to verify eligibility.

In this regard, INEC should not adjudicator in such cases, but rather as the decisions by a qualified court.

(i) Political parties should give more attention to the nomination of women and youths as candidates.
(j) Political parties should ensure that women have leadership opportunities within party organizations. To this end, political parties are encouraged to examine party structures and procedures to remove barriers that directly or indirectly discriminate against the participation of women in politics.

2.2.5.9 Guaranteeing the Survival of Multi-Party Democracy.

(a) There should be a forum of all political parties to assess and evaluate on a regular basis the political situation in the country including the prospect of the survival of the multi-party democracy.
(b) All political parties should respect the right of other parties to exist without being subverted or intimidated in any form.
(c) Political parties should accept the outcomes of free and fair elections.
(d) The Code of Conduct for political parties should not be limited to the party leadership but should be used as a civic education tool to help reduce tensions and prevent or mitigate violence throughout the country.

Concerted efforts should be made within each electoral constituency to bring together electoral authorities, political parties, security forces, civil society, religious leaders and traditional leaders to implement the letter and spirit of the code. Women and youth should be actively involved in this effort.
(e) In order to enhance commitments that political parties have made in the Code of Conduct against violence and intimidation and to promote the active participation of women in the electoral processes, the Code of Conduct should include meaningful sanctions in cases of non compliance.

(f) Parties should refrain from all acts of violence and inflammatory rhetoric and should discipline those candidates, representatives or members who encourage or participate in such activities.
(g) All participants in the electoral process (Political Parties, Candidates, and Security Agencies) should obey all the laws governing elections.

2.2.6 THE ROLE OF SECURITY AGENCIES

2.2.6.1 Nigeria Police Force.
a) The roles of each of the various security agencies during elections should be clearly defined.
b) There should also be an effective coordination of the work of the various security agencies during elections.
c)The curricula for the training of the police at all levels (basic/entry, intermediate and command courses) should include modules on democracy, elections, political parties and constitutional/statutory provisions on elections.
d) The independence of the Police Force should be guaranteed by strengthening its autonomy from the control of the government of the day. The security of tenure of top police officers and the prevention of harassment of Police officers on account of professional discharge of their duties should also be guaranteed.
e) The Police Force should be strengthened in the areas of communication, weaponry and transportation for effective mobilization, deployment and enhanced performance.
f) Adequate provisions should be made for the safety, transportation and feeding of all security and law enforcement officials on electoral duties. This will reduce the likelihood of the officials succumbing to temptations from the politicians.
g) The police force should organize training, lectures and workshops for its personnel prior to major elections.

h) Provisions of the Police Act which vest operational control of the Police in the President of the Federal Republic of Nigeria are in contravention of the 1999 Constitution. The former should therefore be amended.
i) A Code of Conduct should be issued to police officers involved in election duties. Compliance should be monitored by a team set up by the Police Service Commission consisting of police officers, members of civil society organizations (NBA, human rights NGOs, observers, etc.). Violation of the code should be sanctioned.
j) Considering that there are no less than 120,000 polling stations throughout the country, the size of the Nigeria Police Force should i be significantly increased from the presence total strength of 371,000 to enable the Police maintain presents at each polling station during elections,
k) The law enforcement agencies should be properly oriented to appreciate the need for neutrality during elections. The Police in particular should be adequately funded and equipped to maintain law and order during elections.
I) The Inspector-General of Police, the Chairman of INEC and other appropriate officials should establish comprehensive and effective measures for providing public security during each stage of the electoral process, from candidate selection, to voter registration, election campaigning, election day and the immediate post election day periods. The public should be informed of the existence of adequate security arrangements.

m) The Nigerian Police Force and other security agencies should give adequate protection to electoral officials and materials as well as voters during elections to prevent criminal gangs from hijacking or tampering with the process.
n) Contact telephone numbers of all supervising police officers in each division should be made public by INEC to enable observers and citizens place calls for assistance and/or re-enforcement as the need arises.

o) The police should not carry weapons when they are on duty at polling stations.
p) The role of security agencies especially the Police who must be posted to the Polling Units and Collation Centres should be limited to keeping law and order. Within the Polling Units and Collation Centres, the Police and personal security of politicians or any person, should not be allowed within the radius of 20 metres of Polling Units and Collation Centres. Security agencies must not be seen to tamper with or have anything to do with election results i or materials.

2.2.6.2 Armed Forces.
a)The armed forces should provide assistance to the electoral body in conveying electoral officials, registration and voting materials, when necessary.
b)The leadership of the armed forces should not make statements that may be seen as intimidation of opposition political parties and the electorate.
c) The armed forces personnel should not be deployed to polling , centres or stations.
d) The armed forces should discontinue acts of psychological 1 warfare, including show of force through patrols in convoys of 1 armoured personnel carriers and lorries, days prior to or on the eve or day of election, which may be construed as intimidation of opposition parties.
e) The air force may provide assistance in the form of aerial surveillance to assist the police to detect sites of disorder during elections.
f) The Navy may assist in conveying electoral and voter registration materials and officials in difficult or dangerous areas.
g) The Armed Forces may offer assistance to the electoral body and the police force. However, they should be professional and impartial in doing so.
h) Other than exercising their individual rights to vote, members of the Armed Forces should not be involved in the conduct of elections.
i) As Commander-in-Chief of Nigeria’s Armed Forces, the President should take concrete steps to ensure the neutrality of security forces during the election period.

2.2.6.3 The Role of Other Security Agencies.
c) Enact law strengthening proper oversight of security agencies by the National Assembly.
d) Armed orderlies should not go to polling areas in uniform on election days.
e) Civic education should be intensified so that the personnel of security agencies can also imbibe democratic culture.
f) The security personnel to be mobilised for elections must be selected or screened through a rigorous process to determine their suitability in terms of value, knowledge, orientation, discipline, competence and integrity. Selected officers should be adequately trained well in advance.
g) An effective coordination of personnel from the different agencies must be ensured in order to enhance efficiency, accountability and discourage impunity.

f) During elections, dignitaries should be restrained from moving about with armed security details, g) In the discharge of their duties, security services should:
(i) Not interfere in the balloting procedures on election day, but should ensure that voters feel safe and are unhindered to exercise their rights and civic responsibility through the ballot box.
(ii) Take al! appropriate measures to curb electoral violence, including ensuring timely deployment of adequately equipped and briefed personnel, and cooperate with other security agencies including the Nigerian Security and Civil Defence Corps.
i) Work cooperatively with other stakeholders to provide proactive, and impartial policing and to ensure that existing laws are enforced without fear or favour.
j) During elections, security agencies should not be placed under the direction of INEC.

2.2.5.5 Public Funding of Political Parties,
(a) Political parties for purposes of transparency and accountability -shall publicly disclose to INEC all sources of funding including donations.

(b) Government should continue to fund political parties either directly or through the Electoral Bodies. The political parties should be encouraged to raise funds of their own through sale of forms to candidates, fund-raising exercises, individual or corporate donations as well as undertaking commercial activities. On donation by individuals for purposes of supporting elections the following ceilings should apply:
(i)President = N20 million
(ii)Governor = N15 million
(iii)Senate = N10 million
(iv)House of Reps = N5 million
(v)State Houses = N2.5
(vi)Chairmanship of local government = N3 million
(vii) Councillorship = N500,000.00
(c) The funding of political parties should t performance in general elections. After the parties that score a minimum of 2.5 per cent be eligible to receive grants from public funds.
(d) The Political Parties Etc Registration and Reg (PPRRC) should ensure that legal provision party financing and expenditure are fully enl findings published in an open and transparent manner to ensure accountability.

(e) Financing regulations established by the Electoral Act 2006 should be fully enforced by PPRRC. After the submission of annual financial returns by political parties, PPRRC should produce an audit report on the returns which should be made public. The requirement to submit a financial report on campaign expenditures should be enforced.

2.3.3 System of Voting.
There are practices associated with the current voting system that are worthy of retention. These are accordingly recommended as follows:
(a) Open Secret Ballot System: This allows a voter to go into a polling booth to mark his ballot in secrecy and drop it in the ballot box in the open.
(b) Provision of fixed polling booths: The use of institutional buildings such as schools, community centres etc which are centrally located, where available, or permanent polling locations should be encouraged.

(c) Accreditation of registered voters prior to the commencement of voting for the purpose of tracking how many people cast their ballot in a polling station.
(d) Display of voter’s register prior to the elections to enable registered voters, political parties, and the electorate generally make claims and objection.

The electoral system
Applying a combination of First-Past-The-Post and Modified Proportional Representation for Legislative Elections at the Federal, State and Local Government Levels.
(a) Nigeria should retain the First-Past-The-Post electoral system but should also inject a dose of Proportional Representation based on closed party lists, thus evolving a mixed system.
(b) The First-Past-The-Post system shall continue to be used for all elections in the country, but for elections to the House of Representatives, State Houses of Assembly and Local Government Councils, the mixed system shall be used.

(c) For elections to the House of Representatives, the existing 360 seats would be retained and filled by the First-Past-The-Post system. In addition, 108 additional seats (i.e. 30% of the existing 360 seats in the House of Representatives) will be created and filled through the Proportional Representation system.

(d) The arrangement in (c) above will be replicated in State Assemblies and Local Government Councils throughout the Federation. This implies that in each of these legislatures, additional seats representing 30% of existing ones shall be created and filled through the Proportional Representation system.

(e) Performance of political parties in an election conducted under the mixed system shall be the basis for allocating the Proportional Representation seats. The threshold to be met by parties for sharing the Proportional Representation seats shall be the total number of valid votes cast in the entire First-Past-The-Post election divided by the number of available Proportional Representation seats for that election. This threshold will represent the minimum number of votes a party must win to be allocated a Proportional Representation seat.

(f) Political parties shall nominate for the Proportional Representation election at least 30% female candidates and 2% physically challenged candidates for legislative elections.

(g) If a political party wins up to 70% of the seats in an election conducted under the First-Past-The-Post it should be excluded from benefiting from the Proportional Representation.

(h) The Electoral Act 2006 should be amended to establish criteria for the production of party lists for the allocation of Proportional Representation seats in a manner that will ensure the inclusion of women and disadvantaged groups.”