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STAR STAR FINAL REPORT: Of the EU Election Observation Mission to Nigeria 2007 [April 14, April 21 Elections]
http://ec.europa.eu/external Press Release- 23 August 2007 European UnionElection Observation MissionNigeria 2007
http://ec.europa.eu/external FINAL REPORT GUBERNATORIAL AND STATE HOUSESOF ASSEMBLY ELECTIONS14 April 2007 AND PRESIDENTIAL AND NATIONALASSEMBLY ELECTIONS21 April 2007 EUROPEAN UNIONELECTION OBSERVATION MISSION EU Election Observation Mission, Nigeria 2007 1
Final Report: Presidential, National Assembly, Gubernatorial and State House of Assembly Elections I. EXECUTIVE SUMMARY Elections for State Governors and 990 Legislators in the 36 State Houses of Assembly were held on 14 April 2007 and elections for the Federal President, 109 Members of the Senate and 360 Members of the House of Representatives took place on 21 April 2007. Following an invitation from the Independent National Electoral Commission (INEC), the European Union (EU) established an Election Observation Mission (EOM) with a mandate to conduct a comprehensive assessment of the electoral process in accordance with international standards for democratic elections. The EU EOM was led by Chief Observer Mr. Max van den Berg (Netherlands), Member of the European Parliament, and consisted of 11 Core Team experts, 66 Long Term Observers and 60 Short Term Observers from 21 EU Member States as well as Norway and Switzerland. Based in Abuja it was deployed on 14 March 2007 and undertook observation in 33 of the 36 States plus the Federal Capital Territory (FCT). The 2007 State and Federal elections fell far short of basic international and regional standards for democratic elections.1 They were marred by very poor organisation, lack of essential transparency, widespread procedural irregularities, substantial evidence of fraud, widespread voter disenfranchisement at different stages of the process, lack of equal conditions for political parties and candidates and numerous incidents of violence. As a result, the process cannot be considered to have been credible. Given the lack of transparency and evidence of fraud, particularly in the result collation process, there can be no confidence in the results of these elections. This is all the more regrettable since they were held in an improved atmosphere in which freedoms of expression and assembly were broadly respected during campaigning, the judiciary played a generally positive and independent role and the people showed remarkable commitment to democracy, eagerly engaging in the electoral process and waiting patiently to vote in often very difficult circumstances. The Electoral Act 2006 contains some improvement in comparison to the Electoral Act 2002. However, independence of INEC from the executive was not established due to the fact that presidential involvement in the appointment of INEC Commissions was retained. Significantly, fundamental transparency requirements, in particular for the collation and publication of results, requiring polling station results to be publicly displayed at all levels of the counting and collation processes were not included, leaving the electoral process wide open to fraud. INEC, which was financially dependent on the executive, was responsible for administrative failure on a nationwide scale. It did not prepare well for the elections and experienced widespread lack of confidence among election stakeholders in relation to its capacity and impartiality. Deadlines were missed throughout the pre-election period and it lacked transparency in its decisions and conduct. INEC was selective and inconsistent in the application and enforcement of electoral legislation. Training of polling staff started late, was of poor quality and in some areas did not take place at all. Engagement with political parties and civil society was poor. Overall, civic and voter education was very limited and ineffective. The voter registration exercise conducted by INEC was marred by delays due to a lack of available direct data capturing machines, technical break downs and establishment of illegal voter registration centres. The quality of the final voter register was poor and included under age voters, double entries, missing and blurred pictures of voters. The voter register was not displayed at local level as required by the law and was only partly posted prior to election day for orientation purposes only. Permanent voter registration cards were not issued due to the late publication of the final voter register. The pre-election period saw a vigorous campaigning throughout the country, particularly in states where there was the prospect of a change in power. However, a lack of transparency and accountability in campaign spending, together with the misuse of state resources gave advantage to incumbent parties at the state and federal level, and meant there was an uneven playing field for candidates and parties. Payment to potential voters was both witnessed by, and reported to, EU observers. Violence was a major issue of concern and incidents increased as the election days drew nearer. Credible reports indicated that at least 200 people, including candidates and police were killed in election related incidents. This is unacceptable not only with respect to right to life but also to the democratic process. The continuing and widespread use of thugs by a number of political parties created a significant degree of fear and intimidation. Despite welcomed and repeated messages from security agencies showing a tolerance zero policy towards political violence, the security agencies, INEC and political parties did not appear to take decisive steps to address the situation and hold perpetrators to account. There is a vibrant and expanding media environment. Presidential contestants and their parties were given equal access to discussion programmes, aired on state as well as private broadcast media, facilitating informed choices of voters. However, there was a failure to adhere to the legal requirements to provide balanced coverage by state-owned media which showed bias in favour of the incumbent party, and more generally by broadcast media, which focused on a small number of parties only. Generally, journalists were able to operate in an environment of relative freedom, given the systematic weaknesses that characterise the media sector. On election day for the state elections, polling started late throughout the country due to the late arrival of polling officials and materials, which were often incomplete. In several areas, polling did not take place at all. Polling stations were generally under-staffed with officials who were under-trained. Procedures were often poorly followed and the secrecy of the ballot was not guaranteed in the majority of polling stations visited by EU observers. However party agents were seen in almost all polling stations visited with domestic observers present in close to half. Incidents of hijacking of ballot boxes were witnessed by EU observers, who reported widespread irregularities, including under-age voting, and significant evidence of fraud, particularly during the result collation process, which completely lacked transparency due to the fact that polling station results were not publicly displayed at any level of the election administration throughout the country. Following INEC's decision to order a complete re-run of the gubernatorial election in Imo State, it should have initiated investigations in a number of other states and given serious consideration to ordering complete election re-runs where serious concerns were raised by political parties, civil society and the media about the conduct of elections. On election day for the federal elections, polling materials, including ballot papers, again arrived late and incomplete at many of the polling stations observed, resulting in significant delays in opening. Several National Assembly elections had to be postponed due to the incorrect printing of ballot papers, and at times there were insufficient numbers of presidential ballot papers. Party agents were again seen in almost all polling stations visited with domestic observers present in around half. A heavier security presence helped contribute to a reduction in violent incidents. Again, polling procedures were often poorly followed and the secrecy of the vote was not guaranteed in the majority of polling stations observed. EU observers witnessed many examples of fraud, including ballot box stuffing, multiple voting, intimidation of voters, alteration of official result forms, stealing of sensitive polling materials, vote buying and under-age voting. Despite assurances by INEC, polling station result forms were not displayed at polling stations or superior levels of the election administration. In a development that cast further doubt on the integrity of the results, at the time of the announcement of the result of the presidential election, some state presidential results had not been compiled or transferred to the INEC headquarters in Abuja. Several disputes relating, in particular, to (i) the powers and functions of INEC, and (ii) the nomination, substitution and disqualification of candidates brought the judiciary into centre stage in the electoral process. Overall, the Judiciary, in generally acting impartially, were considered to have made a positive contribution to the election process. However, the lack of adequate procedures and time limits for initiation and adjudications of complaints and appeals prior to election day resulted in a number of disputes being dealt with by the courts just a few days before the elections. Some remained pending until after the election. In a positive development the Court of Appeal established mechanisms to simplify and ensure timely determination of post-election petitions. However, the mechanisms have not proved as effective as hoped and at the time this report was issued,2 most election petitions remained pending before the election tribunals. Civil society organisations mounted a comprehensive observation exercise. However, INEC unnecessarily delayed the accreditation of both domestic and international election observers which restricted the oversight role they could play. Most domestic observer groups only received accreditation cards on the day before the state elections, and then in insufficient numbers. Screening of domestic observer organisations was undertaken by the State Security Services. Despite strong commitments from INEC during the pre electoral period, significant efforts by civil society and measures by some political parties to wave nomination fees for female candidates, women remain underrepresented as candidates and within the electoral administration. The high levels of poverty, illiteracy and lack of access to basic needs, including education has an impact on the conduct of elections. Reaching the Millennium Development Goals should therefore be a key aspect of the consolidation of democracy as well as contributing towards improving social justice and economic development. In addition, increased international support should be directed towards good governance and democratisation, particularly through civil society organisations. In order for the citizens of Nigeria to have trust and confidence in the political and electoral process, a comprehensive and transparent investigation should be undertaken into the conduct of the elections to ensure that those responsible for the chaos and irregularities are held to account. INEC should publish detailed results of the 2007 elections broken down to polling station level on its website and publicly display these results at INEC offices so that an independent audit can be undertaken from the polling station level through to final aggregated results. Urgent remedial action by the relevant authorities and stakeholders is necessary to restore conditions for the holding of credible and transparent elections. In this context, detailed recommendations are included at the end of this report by way of assistance to the process of improving the framework for elections. Some of the key recommendations include: • Concrete steps should be taken to establish a truly independent and capable election administration. This should include the introduction of a transparent, inclusive and accountable system for the nomination and appointment of INEC Commissioners and Resident Electoral Commissioners (RECs) which ensures the confidence of election stakeholders. • INEC should immediately start work to improve the voter register, removing double registration, under age entries, entries without pictures and other shortcomings. This should be undertaken with a view to ensuring public and political confidence at all stages of the process • Voting booths should be used in all polling stations and procedures to ensure the secrecy of the vote should be implemented effectively. • Impunity for electoral violations should cease and political parties should end the practice of hiring thugs to perpetrate electoral violence. • Transparency should be enhanced and ensured, particularly with regard to INEC meetings and decisions and swift publication of detailed polling station results at all levels of the election administration. • An effective framework should be established to ensure that the mass media provides equitable access and coverage to political parties and candidates during the campaign period. • Complaints, appeals and petitions procedures should be enhanced to ensure clear, effective, transparent and timely processes for election stakeholders. The EU EOM urges the authorities, political parties and civil society of Nigeria to swiftly start to take these and other required steps in order to improve the framework and conduct of future elections in accordance with international standards for democratic elections. [1 In particular those contained in the International Covenant on Civil and Political Rights (ICCPR), which Nigeria ratified in 1993, and the Economic Community of West African States' (ECOWAS) Protocol on Democracy and Good Governance, adopted in 2001. Standards that were breached include Article 25 of the ICCPR, and Articles 3, 5, 6, 7 of the ECOWAS Protocol on Democracy and Good Governance, relating to secrecy of the vote, universal franchise, independence and neutrality of the election administration, transparency and the disposal of petitions.] [2 This final report was issued on 21 August 2007.] II. INTRODUCTION Elections for the 36 State Governors and 990 Legislators in the 36 State Houses of Assembly were held on 14 April 2007 and elections for the President of Nigeria, 109 Members of the Senate and 360 Members of the House of Representatives took place on 21 April 2007. Following an invitation from the Independent National Electoral Commission (INEC), the European Union (EU) established an Election Observation Mission (EOM) in Nigeria with a mandate was to conduct a comprehensive assessment of the electoral process in accordance with international principles for genuine democratic elections.3 The Chief Observer was Mr. Max van den Berg (Netherlands), Member of the European Parliament. The EU EOM adhered to the Declaration of Principles for International Election Observation, commemorated at the United Nations in October 2005. The EU EOM was deployed on 14 March 2007. Based in Abuja, the Mission undertook observation in 33 of the 36 States of Nigeria plus the Federal Capital Territory (FCT). The EU EOM consisted of 11 core team experts, 66 long-term observers and 60 short-term observers, coming from 21 EU Member States as well as Norway and Switzerland. The EU EOM issued its statement of preliminary findings and conclusions on 23 April 2007.4 The EU EOM closed its operations on 7 May 2007 but retained one local staff member until the end of August 2007 to continue monitoring the election petition and tribunal processes and other legal challenges related to the elections. --- materials deleted ---- XVII. RECOMMENDATIONS The following recommendations to improve the framework and conduct of elections process as well as related areas are offered for consideration and action by the Nigerian authorities, other election stakeholders and international community: Implement clear and effective guidelines for voting, counting, collation and the publication of results 1. The Electoral Act should be amended to provide more detailed provisions for voting, counting and collation procedures. These should include: (i) a requirement for results to be publicly displayed at polling stations immediately after counting has been completed; (ii) a requirement for copies of official result forms to be distributed to all involved stakeholders. including political parties, candidates and observers. (iii) a requirement for detailed results broken down to polling station level to be publicly displayed at all superior levels of the election administration; (iv) a requirement for INEC to swiftly publicly display, including on its website, detailed results of the elections, including all polling station results as well as collated information on the number of voters, votes cast, invalid votes etc. (v) a requirement for results to be officially announced within a time limit of three days; (vi) a requirement for voters, political parties and observers to be able to request a recount of ballots at polling station level when irregularities have been identified; (vii) a requirement for INEC to be able to order a recount of ballots at polling station level if it is established that the law was violated; and (viii) provision of clear grounds and authority to INEC to annul election results. --- materials deleted To read the full report, visit: http://ec.europa.eu/external
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