ELECTORAL REFORMS IN NIGERIA-LESSONS FOR ZIMBABWE. Festus Okoye Esq. Executive Director, Human Rights Monitor 08033038001 1

BACKGROUND INFORMATION ON NIGERIA Nigeria has approximately a population of 160million Nigeria is divided into 36 States and a Federal Capital Territory, Abuja. Nigeria has a total of 774 Local Governments Nigeria has a total of 8, 809 Registration Areas which are equivalent to wards in some jurisdictions Nigeria has a total of 119, 973 Polling Units that are sometimes subdivided into additional voting points. There are 109 Senatorial Districts in Nigeria and 360 Federal Constituencies and 999 State constituencies.

BACKGROUND INFORMATION ON THE ELECTORAL COMMISSION Nigeria has what is called an “Independent National Electoral Commission”. It used to be National Electoral Commission; NECON, FEDECO etc. The Commission is made up of a Chairman and 12 other members nominated by the President and confirmed by the Senate. Each State and the Federal Capital Territory, Abuja has a Resident Electoral Commissioner appointed by the President and confirmed by the Senate. Each State has a State Independent Electoral Commission that conducts Local Government Elections

INTRODUCTION TO ELECTORAL REFORM PROCESSES IN NIGERIA The process of electoral reforms in Nigeria is still ongoing. The process of electoral reforms can be exciting, painful and frustrating. Critical stakeholders must see the process of electoral reforms within the broad context of challenges of reforming the electoral process and grounding democracy. Civil society groups must resist the temptation of being trapped in electoral designs and abandon substantive issues of deepening democracy.

MAJOR ATTEMPTS AT ELECTORAL REFORMS IN NIGERIA Since 1975 there have been eight major attempts to reform the electoral process in Nigeria. The Constitution Drafting Committee(1975); The Judicial Commission of Inquiry into the Affairs of the Federal Electoral Commission (FEDECO), 1979-1983(1984); The Political Bureau(1987); The Constitution Review Committee(1987); The Constitutional Conference(1995); The Electoral Reform Committee(2007); The 2014 National Conference(2014); and The Ministerial Committee on Electoral Reforms(2016)

ELECTORAL REFORMS IN NIGERIA(1999-2016 The Nigeria military used military decrees in conducting the 1999 general elections. The Electoral Act, 2001(Amended by Parliament) The Electoral Act, 2002(Amended by Parliament) The Electoral Act, 2006(Amended by Parliament) The Electoral Reform Committee(2007-2008) The Electoral Act, 2010(August 2010) The Electoral Act, 2010(January 2011) The 2014 National Conference The Electoral (Amendment)Act, 2015 The Ministerial Committee on Electoral Reforms Pending Electoral Reform Bills in the Parliament.

THE ELECTORAL ROLL IN NIGERIA The Electoral Roll is the foundation of the electoral process The credibility of the voter roll depends on the level of openness and transparency that attended the process. Determinants of transparency includes impartial behavior of registration officers, the involvement of political parties in the registration process, and the involvement of domestic and international observers. The constitutional and legal foundation of the voters register

THE HISTORY OF VOTERS REGISTRATION IN NIGERIA Registration of Voters(1959-1978). The Electoral Management Body used the manual register in the conduct of the elections. The Voters Registration-2002-2003(Used Optical Mark Recognition Forms and manual Registers. The Voters registration in 2006-2007. Used the Optical Mark Registration(OMR) and photo images. The registration of Voters-2010-2011. Used the Direct Data Capture Machines(DDC) The Permanent Voters Cards and Smart Card Readers used in the conduct of the 2015 elections.

THE CHALLENGE OF ELECTORAL REFORMS IN NIGERIA(ONE) Dealing with electoral matters with constitutional flavor Faith in Committees “The Use and Dump Mentality” Opaque voters registration exercises. During the 2015 elections, the Electoral Management Body registered a total of 67, 422,005. Out of this number the Commission accredited 31, 746,490 for the elections. The total valid votes cast stood at 28, 587,564 while rejected votes stood at 844,519 and the total valid votes stood at 29, 432,083 The Panic relating to the use of Technology.

CIVIL SOCIETY APPROACH TO ELECTORAL REFORMS IN NIGERIA Multiplicity of voices or speaking with one voice Puritanical approach to Electoral Reforms Articulating Reform Issues Understanding Parliamentary Practices and Procedures Keeping tab of Public hearings on Electoral Bills Contentious and Non Contentious Issues Use of Technology in Elections Observing all stages of the process.

LESSONS FOR ZIMBABWE ON ELECTORAL REFORM ISSUES(CSO PERSPECTIVE) Explore the segregated approach to electoral reforms Avoid the puritanical approach to electoral reforms Introduction of new technologies should be backed by law. Remain Vigilant on Bills Pending Before the Parliament “Buy in” through Public Hearings Articulating Issues for Reform in simple language. Reforms are painful and frustrating Observe all aspects of the electoral process.

KEY ISSUES FOR ELECTORAL REFORM(ONE) The registration of voters, the mode of registration and the process of registration of voters. The Introduction of technology and backing it up with the law. Reforming Party Primary Election Processes. The Appointment of an Independent Electoral Commission and making the Commission truly independent The issue of Independent candidature The Process of Electoral Dispute Resolution Mechanism

KEY ISSUES FOR ELECTORAL REFORM(TWO) Reforming issues around election security Electoral Offences and the cycle of impunity. Protecting Election Observers and Mandate Protection Access to the media for all political parties Re-engaging the People with the electoral process Declaration of Results and Electronic Transmission of Votes

CONCLUSION It is in the collective interest of the people of Zimbabwe to design an electoral framework that meets acceptable national, regional as and international standards. In carrying out this design, civil society groups must be careful not to be trapped in the morbid embrace of design at the expense of real political work to get institutions of democracy off the ground and hold persons in public office accountable for their behavior and deeds.