Change Nigeria Project

Electoral and Constitutional Reform in Nigeria: The Challenges and the Possibilities

                                                Barrister Festus Okoye

                                                Executive Director

Human Rights Monitor

Nigeria

Introduction

Designing a credible, acceptable and workable electoral and constitutional framework for Nigeria has been a big challenge. Getting the political elite to clean up their acts, embrace the concept of free, fair and transparent elections anchored on the rule of law and due process has been a bigger challenge. It is on account of this twin failure that Nigeria has travelled the road of constitutional and electoral reform since 1999 and returned virtually empty handed. This also accounts for the cosmetic changes that have been made to the Electoral Act of Nigeria since 1999.

The present effort at constitutional and electoral reform offers the Nigerian people, the political elite and other stakeholders another redeeming opportunity to reform the electoral framework and set Nigeria firmly on the path of free, fair and transparent elections. If the political elite through acts of opportunism and self interest bungle the constitutional and electoral reform process, the battle for the 2011 elections will be fierce and the consequences may threaten the very foundation of the stability of the country.

It is therefore in the collective interest of the Nigerian people to design a constitutional and electoral framework that meets acceptable national and international standards. In carrying out this design, Nigerians 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 behaviour and deeds.

 

The Constitutional Reform Process

On October 19, 1999 the Nigerian Government set up the Presidential Technical Committee on the Review of the 1999 Constitution which received memoranda from the public, organized public hearings and submitted its report to the government in February 2001.

The government processed the report into A Bill for An Act to provide for the Amendment of the Constitution of the Federal Republic of Nigeria; 1999 and for Purposes Connected Thereto.” This Bill expired with the life of the National Assembly in 2003 as the harmonization Committee of both Houses of the National Assembly did not conclude work on it before dissolution. The Federal Government and the National Assembly spent millions of Naira of Nigerian people’s money, wasted time and energy, wasted a total period of four years and did not succeed in amending even a section of the 1999 Constitution.

The National Assembly again on the 30th day of October 2003 set up its own Joint Committee on the Review of the 1999 Constitution. The National Assembly felt, and to some extent justifiably too that the task of Constitutional Amendment is the preserve of the National and State Assemblies and did not like the Executive arm of  Government trying to usurp its functions. Unfortunately, the joint committee could not fly as the Federal Government thwarted its efforts using its awesome financial muscle. The efforts already made ended up in the archives.

On the 21st day of February 2005 the Federal Government set up the National Political Reform Conference. The question of revenue allocation, sincerity of the government and attempts to smuggle in a third term in office for the President bogged down the proceedings of the Conference. In September 2005, the National Assembly retreated to harmonize its report and at the end presented for first reading The Constitution of the Federal Republic of Nigeria 1999(Amendment) Bill, 2006. Nigerians and the National Assembly buried this Bill. Hence the National Assembly did not amend any section of the Constitution until the life of the Assembly expired in 2007.

We must therefore ask the critical and pertinent questions as to why previous efforts at altering the 1999 Constitution failed. We must also find out whether there anything the National and State Assemblies can do differently for the efforts at constitutional reform to come to fruition.

The 2007 Elections and the Clamour for Reform

Nigeria conducted the 2007 elections within the framework and ambit of the 1999 Constitution and the Electoral Act, 2006. The outcome of the election, its disputation and condemnation by domestic and international election monitors and observers as not meeting national and international standards of fairness and credibility led to the setting up of the Electoral Reform Committee.

On the 28th day of August 2007, the President of the Federal Republic of Nigeria charged the Electoral Reform Committee to “examine the entire electoral process with a view to ensuring that we raise the quality and standard of our general elections and thereby deepen our democracy”.

After the setting up of the Electoral Reform Committee, some sections of the political class agitated for a commensurate committee made up of politicians on grounds that the Electoral Reform Committee was made up of non-politicians. In response to this, the President set up the Inter-Party Consultative Committee on Electoral Reform (2008).

In Volume 1 of the Main Report of the Inter-Party Consultative Committee on Electoral Reform(2008) chaired by the Vice-President of the Federal Republic of Nigeria, they  identified the following as the key factors that militate against the conduct of free and acceptable elections in Nigeria:

The use of the power of incumbency to the detriment of other political parties and interests;

 

Lack of real independence by electoral management bodies;

 

Imposition of candidates by political parties;

 

Plurality of bodies that can disqualify candidates;

 

Electoral Violence and recruitment of criminal gangs to terrorize the voters

 

Influence of money in politics, and selfish interests of the politicians;

 

The partiality of security agencies;

 

The phenomenon and practice of god-fatherism;

 

Conflict of laws guiding the conduct of elections;

 

The Electoral Reform Committee received and considered the report of the Inter Party Consultative Committee. The Electoral Reform Committee also “consulted widely with individuals, institutions and governments. The Committee sought for and received a total of 1466 memoranda from the general public. The Committee also held public hearings in two capital cities in each of the six geo-political zones and the Federal Capital Territory during which a total of 907 presentations were made.

 

Although the Committee shunned overseas travel as a matter of principle, it benefitted from foreign expertise by inviting for interaction, experts from Botswana, Cameroun, Canada, Cote D’Ivoire, France, Ghana, India, Lesotho, Mexico, Niger Republic and South Africa.

 

The Committee interacted with former Heads of State and Presidents to benefit from their wealth of experience in election matters. The Committee also consulted other stakeholders including State Governments, Political Parties, Independent National Electoral Commission, State Independent Electoral Commissions, Security Agencies, Civil Society Groups, Women Organisations, the Media and the General Public’. The Committee eventually submitted its report to the President in December 2008.

 

In the report, the Committee examined the strengths and weaknesses of our present electoral process in relation to electoral best practices in countries similarly placed as Nigeria, and made appropriate recommendations aimed at promoting greater inclusiveness and minimizing both pre- and post-election tension.

 

The Committee stated that some of the recommendations in its Report require changes in existing electoral procedures, reallocation of electoral functions or creation of new institutions. Where such changes require new legislation or amendments to existing laws the Committee prepared appropriate drafts of the required legislation, in order to facilitate and speed-up the implementation process.

 

The draft legislations which were annexed to the Main Report are:

 

• Draft of a Bill for an Act to Amend the Constitution of the Federal Republic of Nigeria, 1999;
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• Draft of a Bill for an Act to Amend the Electoral Act, 2006; and
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• Draft of a Bill for an Act to Establish the Electoral Offences Commission.

 

The Committee structured its report into the following six volumes:

 

Volume I: Main Report

 

Volume II: Memoranda (22 Parts)

 

Volume III: Analysis of Public Hearings

 

Volume IV: Verbatim Report of Public Hearings (13 Parts)

 

Volume V: Reports of Retreats (2 Parts)

 

Volume VI: Appendices (2 Parts)

 

The Committee was firmly of the view and convinced that the acceptance and implementation of the recommendations contained in the Report will significantly restore credibility in the electoral process and usher in an era of free, fair and credible elections in the country.

 

The Core Recommendations of the Electoral Reform Committee

 

• That the Independent National Electoral Commission should be unbundled and some of its functions transferred to a Political Parties Registration and Regulatory Commission; an Electoral Offences Commission and a Constituency Delimitation Commission.
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• That the Board of the Electoral Management Body should be appointed by the Council of State on the recommendations of the National Judicial Council and subject to confirmation by the Senate.
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• That the Electoral Management Body should be delisted from the list of Federal Executive Bodies.
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• That election to the House of Representatives and State Houses of Assembly should be on the basis of mixed member proportional representation.
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• That election to the Senate, House of Representatives and State Houses of Assembly should be staggered.
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• That an individual that meets prescribed requirements can run for election as independent candidate.
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• That elections to each House of the National Assembly and the State Houses of Assembly should take place within the second week of the month of November of the year preceding the year prescribed in the Constitution for the dissolution of each House while Presidential and Gubernatorial elections should hold within the first week of the month of November of the year preceding the year prescribed in section 135 of the 1999 Constitution provided that such date shall not fall on Friday, Saturday or Sunday.
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• That the funds of the Electoral Management Body should be charged on the Consolidated Revenue Fund of the Federation and paid directly to the Commission while the recurrent expenditure shall also be so charged to the Consolidated Revenue Fund.
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• That the States Independent Electoral Commission should be re-organised and incorporation into the structure of the Independent National Electoral Commission to form one single election management body for the country.
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• That political parties seeking registration should establish offices in two thirds of all the States of the Federation.
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• That political office holder will not be allowed to cross carpet to any other party under any circumstance.
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• That no political party will be permitted to receive funds from any source abroad.
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• That the power vested in the Federal Attorney General or of a State to exercise the power of nolle prosequi will not apply to electoral offences.
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• That the Inspector-General of Police should be appointed by the President on the recommendation of the Police Service Commission to the National Police Council, which in turn, shall forward its nomination to the Senate for confirmation. His/her removal from office should also be by two-thirds vote of the Senate after an investigation establishing his/her misconduct.
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• That section 9 (4) of the Police Act which provides that the President shall be charged with the operational control of the Nigeria Police Force is in conflict with Section 215 (2) of the 1999 Constitution and should be  amended.
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• That the burden of proof in relation to the fact that an election was conducted substantially in accordance with the principles of the Electoral Act shall lie on the Independent National Electoral Commission.
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• That if an Election Petitions Tribunal or Court makes a determination that the election of a candidate who was returned as elected was invalid by reason of the use of State resources it shall nullify the election and, in addition, such candidate shall be disqualified from standing in any election conducted under the Act for a period of ten years from the date of such determination.
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• That persons caught and convicted of selling and buying of voters card shall pay a fine of N200, 000 or go to prison for a period not exceeding two years or both and shall, in addition be disqualified from participating, as a candidate, in any election conducted under the act for a period of ten years from the date of his conviction.
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• That every result form completed at the ward, Local Government, State and National levels shall be stamped, signed and counter signed by the relevant officer, police officer, State Security and, where available, polling agent at any such level and copies shall be given to the concerned police officer, State Security Service Officer and polling agent while another copy shall be posted at the relevant polling station.
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• That any person who commits offences relating to registration as provided in section 124 of the Electoral Act, 2006 shall be liable on conviction to a maximum fine of N100, 000 or to 12 months imprisonment or to both and shall, in addition be disqualified from participating in any election conducted under this Act, as a candidate, for a period of ten years from the date of his conviction.
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• That an election may also be questioned on grounds that the election was invalid by reason of the use of State resources.
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• That an Election Tribunal should deliver its judgment in writing within one hundred and twenty days from the date of the election.
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• That an appeal from a decision of an Election Tribunal should be heard and disposed of within sixty days after the judgment of the election tribunal.
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• That Section 149 of the Electoral Act 2006 should be repealed and that no elected person should assume office until the case against him/her in the Tribunal or Court is disposed of.

 

 

 

The White Paper on the REC Report

 

The President of the Federal Republic of Nigeria presented the Report of the Electoral Reform Committee to the Federal Executive Council which set up a White Paper Committee to examine the recommendations.

 

The Draft White Paper Committee studied and analysed the findings and recommendations contained in the Report of the Electoral Reform Committee and presented its views to the government in February 2009.  

The Draft White Paper Committee posited that the acceptance and implementation of the views contained in the Draft White Paper will squarely address the current problems confronting the country’s electoral process and usher in an era of free, fair and credible elections.[1] The Draft White Paper Committee agreed with the core recommendations of the Electoral Reform Committee and did not tamper with the heart and soul of the report.

The Draft White Paper Committee rejected a few of the recommendations of the Electoral Reform Committee that are peripheral to the Core recommendations. In other areas where the Committee tampered with the recommendations, their amendments were progressive and reflected the intendments of the reform process.

The Draft White Paper Committee added a representative of the National Youth Council of Nigeria to the composition of the Governing Board of the Independent National Electoral Commission. They were more specific on where the nominees of various organisations that would be represented in the INEC Governing Board should come from. For the Nigerian Bar Association, they recommended that the nominee should come from the Bar Association. Nominations for Women Organisations should come from the National Council of Women Societies. Nominations for labour should come from the Nigerian Labour Congress and nominations for the media should come from the Nigeria Union of Journalists.

The Electoral Reform Committee set the age bar for the Chair and Deputy Chair of INEC at 50 years and members of INEC Board at 40. The Draft White Paper Committee lowered the age bracket to 40 for the Chair and Deputy Chair and 35 for the members of the Board of INEC.

The Draft White Paper Committee rejected additional conditions for the registration of political parties but notes the concerns expressed by members of the public regarding the number and operations of political parties. They noted the need to achieve a balance between the imperatives of allowing for the creation, growth and development of Political Parties as vital agencies for sustaining democracy and the abuses which has been observed through the Practice of Political Parties being registered merely to collect public funds. They suggested that the Political Parties Registration and Regulatory Commission should be established as soon as possible so that the concerns and guidelines can be put in place.[2]

The Draft White Paper Committee rejected the Recommendations of the Electoral Reform Committee which recommended the amendment of the provisions of the Police Act which vests operational control of the Police in the President of the Federal Republic of Nigeria as such is in contravention of the 1999 Constitution. The Draft White Paper Committee claimed that there is no inconsistency between the provisions of the Police Act and those of the 1999 Constitution. [3]

The Draft White Paper Committee rejected the recommendation of the Electoral Reform Committee that the Inspector General of Police should be appointed by the President on the recommendations of the Police Service Commission to the National Police Council, which in turn, shall forward its nomination to the Senate for confirmation. His/her removal from office should also be by two-thirds vote of the Senate after an investigation establishing his/her misconduct.

The Draft White Paper Committee felt that the existing constitutional provisions for the appointment of the Inspector General of Police are more appropriate and should be retained.[4]

The Draft White Paper Committee presented its report to the Federal Executive Council which rejected the Core recommendations of the Electoral Reform Committee and the Draft White Paper Committee. The Federal Executive Council rejected:

The Issue of Proportional Representation.

The conclusion of all electoral disputes before swearing in.

The re-composition of the Independent National Electoral Commission.

The mode of appointment of the Board of the Independent Electoral Commission.

The creation of a Constituency Delimitation Commission.

The shifting of the period for the holding of elections in Nigeria.

The President presented the decisions of the Federal Executive Council to the Council of State which further rejected the re-organisation and integration of the States Independent Electoral Commission into the structure of INEC. 

The Executive Bills and the Reform Effort.

On the 29th day of April 2009, the President of the Federal Republic of Nigeria forwarded six bills to the National Assembly for promulgation into law.

In the letter forwarding the bills which the Speaker of the House of Representatives, Rt. Hon. Dimeji Bankole read on the floor of the House on Wednesday, the 6th day of May 2009, the President stated that the Bills are critical to the actualization of electoral reform and the consolidation of our democratic process. In the light of their vital importance and in the larger national interest the President requested that they be treated distinctly from the more holistic on-going constitutional review process as this would enable us effect critical elements of the electoral reform process in the shortest possible time.

The Executive presented the following Bills to the National Assembly:

A Bill for an Act to Alter the Provisions of the Constitution of the Federal Republic of Nigeria 1999 and for Other Matters Connected thereto (To be cited as the Constitution (Second Amendment) Act 2009) and A Bill for an Act to Alter the Provisions of the Constitution of the Federal Republic of Nigeria 1999 and for Other Matters Connected thereto (To be cited as the Constitution (Third Amendment) Act 2009).

 

A Bill for an Act to Establish the Political Parties Registration and Regulatory Commission and for Other Matters Connected Thereto.

 

A Bill for An Act to Amend the Independent National Electoral Commission Act CAP 15 LFN 2004 and for Other Matters Connected Thereto.

 

A Bill for An Act to Further Amend the Police Act 1967 CAP P 19 2004 LFN and for Other Matters Connected Therewith.

 

A Bill for An Act to Establish the Centre for Democratic Studies  and Other Related Matters

 

A Bill for an Act to Establish the Electoral Offences Commission and for Other Matters Connected Therewith.

 

Actions Taken By the Senate and the House of Representatives

Both Houses of the National Assembly have started deliberations on the Bills presented to them by the Executive.

The Senate has already rejected and thrown out the Bill for an Act to Establish the Political Parties Registration and Regulatory Commission and for Other Matters Connected Thereto and a Bill for An Act to Amend the Independent National Electoral Commission Act CAP 15 LFN 2004 and for Other Matters Connected Thereto.

The dominant opinion in the Senate is that Nigeria does not need a Political Parties Registration and Regulatory Commission while the Bill for An Act to Amend the Independent National Electoral Commission Act was thrown out on the basis that it is unconstitutional. The Senate has also taken out adverts calling on Nigerians to submit memoranda for constitutional review in the areas it has listed.

The House of Representatives on the other hand constituted a Committee on the review of the 1999 Constitution with various sub-committees. These include:

The Sub-Committee on Independent National Electoral Commission(Amendment)Bill, 2009

The Sub-Committee on a Bill for An Act to alter the Provisions of the Constitution of the Federal Republic of Nigeria 1999 and Other Matters Connected Thereto, 1999

Sub-Committee on a Bill for an Act to amend the Police Act 1967 CAP.P19 2004 LFN and for Matters Connected therewith, 2009.

Sub-Committee on a Bill for an Act to Establish the Political Parties Registration and Regulatory Commission and for Other Matters Connected Thereto, 2009.

 

Sub-Committee on the Land Use Act(Amendment) Bill, 2009

 

Sub-Committee on Electoral Offences Commission and for Other Matters Connected Therewith.

 

These Sub-Committees held public hearings between the 11th and 14th of August 2009 in the House of Representatives.

The Issues around the Review Process

From the debates and discussions in the Senate and the Houses of Representatives and the public hearings, the following issues and questions are germane for consideration.

• Is there an urgent need to review the Constitution of the Federal Republic of Nigeria to achieve credible elections?
• Can both Houses of the National Assembly amend the Constitution and pass the relevant electoral bills before the commencement of the bulk of the elections in 2011.
• What are the issues that are slated for review/amendment and are these issues realizable given the dynamics and variables in the National Assembly and the various States.
• Can the methodology adopted by both Houses of the National Assembly produce a credible and acceptable Constitution and Electoral Act for Nigeria?
• Is it possible to review the Electoral Act and pass the accompanying Bills without a concomitant process of amending the Constitution or will the Constitutional process hold down the entire electoral reform process?
• Did the Executive Bills capture the true intent and spirit of the reforms process the Nigerian people are yearning for or are the Bills charitable options presented to satisfy those clamouring for electoral reform?
• Is it possible to scale the hurdle posed by section 9 of the Constitution without the consensus of the Governors and their Houses of Assembly and are there controversial issues that have the capacity to derail the entire constitutional process if considered?
• What are the Implications for democracy and the electoral process if the review process is not concluded before the 2011 general elections
• What can civil society groups do in the circumstances to guarantee that the relevant legislations are passed before the 2011 elections?

 

 

The Challenge of Constitutional and Electoral Reform

Two of the Executive Bills pending in the National Assembly has serious constitutional, legal and credibility challenges. The Independent National Electoral Commission Act CAP 15 LFN 2004 is no longer good law as the Principal Act has been repealed by the National Assembly. The Bill for an Act to Establish the Political Parties Registration and Regulatory Commission and for Other Matters Connected Thereto as well as the Independent National Electoral Commission Act is unconstitutional as they seek to amend the Constitution of the Federal Republic of Nigeria outside the purview of section 9 of the same Constitution.

 

The reality of the Nigerian situation is that there are forces that are uncomfortable with constitutional and electoral reform. Some of these forces believe that any form of amendment may open a Pandora box that will destabilise entrenched positions and interests. Some others believe that unless they build in some of the contentious issues into the constitutional and electoral reform effort, it will be difficult to achieve their objective of having their pet issues in the Constitution. Some of these issues include the question State creation and the creation of additional Local Governments; fiscal federalism, a new revenue allocation formula, constitutional role for traditional rulers, empowering of a State Police Force and further devolution of power to the constituent States and Local Governments.  

Furthermore, domestic and international pressure has waned and the incumbent regime in Nigeria no longer feels the pressure to act on constitutional and electoral reform. The ruling party is also no longer enthusiastic about reform and is only tagging along because the Nigerian people are solidly behind electoral and constitutional reform efforts. The commitment of the President to electoral and constitutional reform has also waned as the 2011 election approaches. The Governors of the various States speak feebly about electoral and constitutional reform and believe that the reforms are targeted at them and they have nothing to lose by not supporting the reform effort. 

There is also the challenge of the cumbersome process of constitutional amendment. Section 9 of the Constitution is full of mine fields and it is almost next to impossibility getting resolution of two thirds of all the State Assemblies on constitutional reform unless the Governors, the ruling Political Party and the Nigerian people make a concerted push towards their passage.

Both Houses of the National Assembly must also in accordance with section 9 of the 1999 Constitution meet to harmonise their views on the Constitution. So, despite the fact that both Houses seem to adopt different approaches to the issues, all the issues must one day crystallize. The Senate has tabled before the Nigerian people issues it wants people to send memorandum on. They have also stated that they are going to conduct public hearing. The House on the other hand has conducted its own public hearings with the possibility of additional public hearings to accommodate some interest groups like the Bar Association.

Unfortunately, the Executive Bills if passed in their present form will not stop agitation for constitutional and electoral reform. This is because, they do not in the main capture the true intent and spirit behind the clamour for constitutional and electoral reform. The National and State Assemblies therefore have a responsibility as the organ vested with law making functions to capture the true spirit, character and intent of the reform process. So doing is not an object of charity. The Nigerian people have adopted the report of the Electoral Reform Committee as theirs and consequently claimed ownership. They expect the National Assembly to improve on what has been done and clarify some loose concepts and issues that will improve the electoral process. The Nigerian people will therefore not accept a programmed constitutional and electoral deception packaged and sold as genuine reform.

If the National and State Assemblies, the ruling Political Party and the Executive bungle the constitutional and electoral reform process, it means that no lessons have been learnt and no remedial measures can be taken to address issues already identified with the electoral process. If we are serious with the issues, the amendments proposed in the Constitution, the new legislations, the amended legislations and the new institutions proposed would be in place by now.

It does not make sense to pretend that a process is going on and all agencies are kept waiting on that basis not knowing the constitutional and electoral framework that will guide them. It should be clear to all that the moment Nigeria gets through with the elections in Anambra State on the 6th of February 2010, it will be politics all the way and law making will be put in abeyance.

The reality staring everybody in the face is that the Bills before the National Assembly if eventually passed may become operational after the 2011 elections. We must therefore have the courage to brace up to the reality of the fact that elections in 2011 may take place under the existing constitutional and electoral framework. It also means that the political elite will use the same tactics and subterfuge they used to corrupt the electoral process. It also means that the crisis of electoral legitimacy will continue.

Civil society groups and organisations must remain engaged with the constitutional and electoral process. Civil society groups must see the entire exercise as a process and continue to demand genuine, comprehensive and credible constitutional and electoral reform. Civil society groups must adopt a flexible and multi pronged strategy in research, strategy and advocacy. This means that civil society groups must study the report of the Electoral Reform Committee and the rationale for some of the recommendations. Civil society groups must also study the Executive Bills and make a comparative analysis of the Executive Bills and the ERC Bills. Civil society groups must also organise zonal sensitization programs on the Bills to acquaint grassroots based groups on the main intendment of the Bills. These sensitisation programs must also target the media, the religious groups and organisations, professional groups and organisations and the labour movement. The international community must also assist in putting pressure on the government to engage in genuine electoral reform.

If governance is about the people, this is one area the Nigerian people are passionate about and the interest of the nation demands that they should have their way. The National Assembly as the tribune of the people is duty bound to listen to the voices of the people and part of this can be deduced from public hearings and interactions with civil society groups. The National Assembly must therefore consider the Executive Bills side by side with the report of the Electoral Reform Committee.

If we desire genuine electoral reforms based on the will of the people and based on our experiences with elections, it is desirable to amend aspects of the Constitution dealing with the electoral process. This is because; there are aspects of the Electoral Act that can only be amended after constitutional amendment. Furthermore, we can only achieve cosmetic amendment of other laws without amending the Constitution.

However, Nigeria can still achieve a semblance of free, fair and transparent elections if the political elite decide to play by the rules and if the electoral management body is insulated from political pressure and manipulation. Today, it may be feasible to amend the Electoral Act when presented. It may be feasible to pass the Bill to amend the Police Act. It may be feasible to pass the Bill to create an Electoral Crimes Commission. It may also be feasible to create the Centre for Democratic Studies.  The ideal thing would be to have comprehensive constitutional and electoral reform that addresses the main concerns of the Nigerian people relating to elections.

Conclusion

While we vigorously canvass and campaign for electoral and constitutional reform, we must avoid over dependence and worship of small gods of constitutional and electoral design. Nigeria and Nigerians seem trapped in the fatalistic web of morbid attachment to system designs. We run away from building, empowering and making institutions work and resort to system designs as an escapist route.

My submission is that electoral and constitutional designs will fail if the appropriate frameworks for the implementation of the designs are not in place. We must therefore pay serious attention to the weaknesses of our democratic institutions. We must as a people and as a nation insist that those that rig elections and come to power through unconstitutional means are not allowed to govern. We must insist that the political elite plays by the rules of the political game, show fidelity to the rule of law and due process and imbibe the norms and lessons of democracy.

Our biggest challenge is that while the ordinary people of Nigeria have embraced democracy and the concept of elections as a less painful means of regime change, the political elite, mostly weaned under military dictatorship is still not convinced that the ideals of democracy anchored on elections is the best for the country.  

The Nigerian people must not and will not permit the political elite to bungle the constitutional and electoral reform process and invariably the 2011 elections. The stakes are high and the eyes of the world are on Nigeria. We must approach the issue of constitutional and electoral reform and ordered electoral succession with single mindedness. If we bungle the 2011 elections, the outcomes and issues that will be thrown up may be difficult to handle. Democracy is our choice and we must make it work.

 

 

[1] Draft White Paper on the Report of the Electoral Reform Committee, February, 2009.

[2] Draft White Paper on the Report of the Electoral Reform Committee, February, 2009 at 23.

[3] Draft White Paper on the Report of the Electoral Reform Committee, February, 2009 at 35

[4] Draft White Paper on the Report of the Electoral Reform Committee, February, 2009 at 76