By FEMI FALANA

Political Parties Registration and Regulatory Commission, PPRRC

The Political Parties Registration and Regulatory Commission, PPRRC, shall register political parties in accordance with the provisions of the 1999 Constitution and the Electoral Act, monitor the organisation and operation of the political parties, including their finances, arrange for the annual examination and auditing of the funds and accounts of political parties, monitor political campaigns and provide rules and regulations which shall govern the political parties, accredit domestic and international election observers and provide rules and regulations which shall govern their conduct and observation of elections.

Electoral Offences Commission

In order to stop the increasing wave of electoral impunity, the Uwais Panel had recommended the establishment of an autonomous and constitutionally recognised Electoral Offences Commission. The body is to be empowered to investigate and prosecute political violence, electoral fraud, political terrorism and other electoral offences and enforce the provision of the Electoral Act, the constitutions of registered political parties and any other Act or enactments.

The Senate passed the Electoral Offences Commission Bill on July 14, 2021 and forwarded same to the House of Representatives. But the Bill was ignored due to reasons best known to the members of the House of Representatives. Hence, section 145 of the Electoral Act 2022 has vested the Independent National Electoral Commission with the statutory duty to prosecute electoral offenders in the Federal Capital Territory and the 36 States of the Federation. The National Assembly should reintroduce the Bill and pass it without any further delay.

Proportional Representation

By virtue of section 14(1) and (2) of the Constitution, the Federal Republic of Nigeria shall be a country based on the principles of democracy and social justice. Accordingly, sovereignty belongs to the people from whom government, through the Constitution, shall derive all its powers and authority. It is also stated that the participation by the people in their government shall be ensured in accordance with the provisions of the Constitution. In addition, article 13(1) of the African Charter on Human and Peoples Rights provides that “every citizen shall have the right to participate in the government of their country, either directly or indirectly or through chosen representatives in accordance with the provisions of the law.”

But contrary to the Constitution and the African Charter which provide for popular democracy, the members of the political class have excluded the people from political participation through monetisation and manipulation of the democratic process.    In the recent past, INEC provided funds for the running of political parties. The mischief that the law wanted to cure was to prevent the control of political parties by money bags.    As soon as the practice was stopped, state governors and the President took over the funding and control of political parties. The country should restore the provision of the Electoral Act that permitted INEC to fund political parties.

The Uwais Report recommended a combination of proportional representation and the majoritarian rule of representation at federal, state and local levels. The mixed system requires the creation of additional 30 per cent of the existing legislative seats in the national, state and local government levels for the purposes of proportional representation. The Constitution and the Electoral Act should be amended to provide for proportional representation as it will promote democracy and enhance the growth and performance of genuine political parties in Nigeria.

In Women Empowerment and Legal Aid v. Attorney-General of the Federation, the Federal High Court upheld affirmative action and ruled that women are entitled to 35 representations in all public appointments. Accordingly, the Electoral Act should be amended to provide that not less than 35 per cent elective positions shall be reserved for women by every political party.    Section 147 of the Constitution amended last year has reserved not less than 10 per cent positions to women in appointments. The provision should be further amended to provide not less than 35 per cent.

Screening of Candidates

Under the 2006 Electoral Act, the Independent National Electoral Commission was exclusively saddled with the responsibility to screen candidates sponsored by political parties to contest elections. At the material time, candidates with questionable credentials were disqualified and barred from contesting elections by the INEC. But the political class amended the Electoral in 2010 and transferred the power to screen candidates to the political parties. As if that was not enough, the law was further amended in 2022 to bar non-members of political parties from challenging the qualification of candidates sponsored by political parties to contest elections.

In exercising the power to screen candidates, members of the screening committees set up by political parties allowed candidates who are not qualified to contest elections. In fact, many candidates who are not qualified to contest elections were imposed by party chieftains. In the past, in many pre-election cases, the nomination of candidates was challenged on the ground that they lack the requisite qualifications to participate in party primaries or general elections. The courts never hesitated to disqualify candidates who did not meet the constitutional requirements. But under the Electoral Act 2022 and section 285(14) of the Constitution, cases filed to challenge the nomination of unqualified candidates are dismissed by the courts based on the principle of forum domesticum.  

As political parties have abused the power to screen candidates by allowing unqualified candidates to contest elections, it is suggested that the screening of candidates should be the sole responsibility of the Political Parties Registration and Regulatory Commission.

 Furthermore, section 31 of the Electoral Act which empowered any member of the public to institute an action to challenge candidates who might have given false information in their nomination forms should be restored in the proposed amendment of the Electoral Act.

Involvement of judges in elections

In a paper entitled “The tribunalisation of democracy in Nigeria”, I argued against the increasing involvement of courts in the management of elections, as judges are not suited to determine the winners of elections. Because the courts had resorted to technicalities in a number of political cases in the recent past and thereby awarded victories to those who never won elections the judiciary is in the eye of the storm. In recognition of the dilemma in which the judiciary has found itself, the Chief Justice of Nigeria, the Honourable Justice Olukayode Ariwoola, has warned tribunal judges to shun money and technicalities in deciding election disputes. But the advice was apparently ignored to the detriment of the integrity of the judiciary.

To be concluded…  

Being the paper presented by Femi Falana SAN at the Retreat of the Joint Committee on Electoral Matters supported by Policy & Legal Advocacy Centre held at Lagos.