A former National Commissioner and Chairman of the Information and Voter Education Committee (IVEC) at the Independent National Electoral Commission (INEC), Barrister Festus Okoye, has shared his opinion on the necessity of amending Nigeria’s Constitution to empower the national electoral body to oversee all elections in the country.
Okoye, in a recent discussion with journalists, noted that there are currently 37 electoral management bodies operating in Nigeria.
He listed the electoral management bodies to include the Independent National Electoral Commission (INEC) and the 36 State Independent Electoral Commissions (SIECs).
Okoye clarified that both the INEC and the SIECs were established under Sections 153 and 197 of the Constitution of the Federal Republic of Nigeria 1999 (as amended).
“Their respective authorities are outlined in Parts I & II of the Third Schedule of the Constitution,” he noted.
The former electoral officer highlighted that the Nigerian Constitution grants INEC the authority to organize, conduct, and oversee all elections for the offices of the president and vice-president, governors and deputy governors of states, as well as for the Senate, House of Representatives, and the House of Assembly in each state.
Additionally, he noted that INEC is responsible for registering political parties in accordance with constitutional provisions and relevant National Assembly legislation, monitoring the activities and finances of these parties, conducting annual audits of their funds and accounts, and publishing reports on these audits for public awareness.
The Commission is also tasked with conducting Area Council elections in the Federal Capital Territory.
Conversely, Okoye referenced the Constitution, which clearly states that the SIECs are empowered to organize, conduct, and supervise all elections for local government councils within their respective states.
“They are also authorized to provide necessary advice to INEC regarding the compilation of the voter register as it pertains to local government elections within the state,” Okoye told Daily Trust when asked about his thoughts about INEC’s claims that it can conduct elections at all levels.
He added: “It is important to strengthen Nigeria’s democracy and guarantee the continued existence of the local governments. The federal and state governments must avoid policies, programmes and practices that endanger the continued existence of the local governments. I agree with the Supreme Court of Nigeria that it is unconstitutional and illegal to control the existence and finances of the local governments in a manner that renders them useless.
“At present, it is better to integrate the functions of the SIECs into those of the INEC to form one central election management body for the country. The Commission (INEC) can handle the additional burden of conducting elections in 10,000 new constituencies. It is advisable to create an Electoral Offences Commission and divest the Commission of the burden of prosecuting electoral offenders.”
Should SIECs Be Scrapped?
When asked to speak on whether the SIECs should be scrapped, Okoye said: “The advocacy for the scrapping of the SIECs has a history. The Electoral Reform Committee (ERC) (2008) (otherwise known as the Justice Uwais Committee) recommended that at the state level, the State Independence Electoral Commission (SIEC) should be re-organised and incorporated within the structure of the INEC to form a single election management body for the country. The state-level secretariat of INEC should consist of 37 Directors of Elections, one for each state, and the FCT, appointed by INEC, trained and posted to states other than their states of origin. These directors should be career officers and non-partisan persons of integrity.
The Constitution and Electoral Reform Committee (CERC) (April 2017) was set up by the federal government to, among other things, recommend measures required to improve the electoral process and deepen democracy in Nigeria. It recommended the scrapping of SIECs and the transfer of their functions to INEC. The committee also recommended an amendment of the Constitution to include a provision that INEC shall not be subject to the directive or control of any other authority or person in performing its functions.”
The former INEC official expressed that maintaining 37 electoral management bodies in Nigeria is an inefficient use of resources.
Okoye emphasized that consolidating the State Independent Electoral Commissions (SIECs) into a single, centralized election management authority would be a logical, efficient, and prudent approach.
This integration, according to Okoye, would reduce redundancy in staffing, streamline election technology, and optimize the use of electoral materials.
Furthermore, he said this would enhance and uphold standards, instilling confidence in those seeking elective positions within local government.
Okoye reflected on his experience as a member of the Electoral Reform Committee, also known as the Justice Uwais Committee, during which he travelled across the nation to gather insights from a diverse range of Nigerians, including politicians, civil society representatives, traditional and religious leaders, and other key stakeholders.
According to him, the concerns raised during that period continue to resonate, fueling ongoing calls for the dissolution of the State Independent Electoral Commissions.
He also noted his role as a Civil Society delegate at the 2014 National Conference.
The same topics, he said, emerged during the National Conference discussions. He argued that merging the SIECs with INEC would not undermine the principles of federalism; rather, it would bolster democracy at the grassroots level and provide hope to the Nigerian populace.
He asserted that each nation must tailor its governance structures to suit its unique context, cautioning against the rigid application of federalist principles that may not be appropriate for Nigeria.
