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2007 Assessment

Nigeria: Integrity Indicators Scorecard

Nigeria: Integrity Scorecard Report > Sub-Category: Voting & Citizen Participation
Indicators		Score
14	Is there a legal framework guaranteeing the right to vote?	100
15	Can all citizens exercise their right to vote?	42
16	Are citizens able to participate equally in the political process?	75

Indicator and sub-Indicator Details

Is there a legal framework guaranteeing the right to vote?

14a: In law, universal and equal adult suffrage is guaranteed to all citizens.

Score:

YES

Comments: These sections basically set out conditions for qualifications for voter registration. They do not precisely give the right to vote, which is implied.

References: 1. Third Schedule, F, Section 2(e), 1999 Federal Constitution 2. Section 13, Electoral Act 1990

14b: In law, there is a legal framework requiring that elections be held at regular intervals.

Score:

YES

Comments:

References: 1. Third Schedule, F, Section 2(a), 1999 Federal Constitution 2. Section 26, Electoral Act 1990

Can all citizens exercise their right to vote?

15a: In practice, all adult citizens can vote.

Score:

100

Comments: Various monitors throughout the country noted and documented numerous lapses, massive irregularities and electoral malpractice that characterized the elections. This resulted in massive disenfranchisement of citizens in the April 2007 general elections, widely acknowledged as the worst in the country's history.

References: 1. Emma Ezeazu, executive secretary, Alliance for Credible Elections (ACE) ACE's Abuja Office, Aug. 19, 2007; 2. Statement of the National Democratic Institute (NDI) International Election Observer Delegation to Nigerias April 21 Presidential and National Assembly Elections Abuja, April 23, 2007 [ LINK ]

Peer Review Comments: In practice voting is open to all, though there are sometimes still be some problems when citizens exercise this right.

15b: In practice, ballots are secret or equivalently protected.

Score:

100

Comments: All observer reports in the just concluded little or no ballot secrecy across the nation.

Peer Review Comments: Ballots are secret, though there may be tampering during counting or as they are moved to collation centers, as happened during the last elections.

15c: In practice, elections are held according to a regular schedule.

Score:

100

Comments: INEC, which has the constitutional duty to fix election dates, adhered to this dates during the 2007 general elections, but it defaulted in timelines for the voter-registration and list-displaying.

References: 1. Emma Ezeazu, executive secretary, Alliance for Credible Elections (ACE) ACE's Abuja Office, Aug. 19, 2007; 2. Press Conference Statement by the Electoral Act Observatory Team of the Electoral Reform Network (ERN) on the level of Compliance with the 2006 Electoral Act and Proposals for Constitutional and Electoral Reforms, on May 2007

Are citizens able to participate equally in the political process?

16a: In law, all citizens have a right to form political parties.

Score:

YES

Comments: The constitution, while guaranteeing the freedom of association, exempts political parities by insisting that they must be registered by the National Electoral Body after fulfilling some conditions that are set out.

References: 1. Sections 40 and 222, 1999 Constitution of the Federal Republic of Nigeria 2. Section 78 of the Electoral Act 2006

Peer Review Comments: Citizens are free to form political parties if they go through due proces stipulated by the law.

Peer Review Comments: Legally, based on the sections referred to, citizens have the right to form political parties.

Peer Review Comments: The fulfillment of the statutory requirements cannot be taken as a derogation of the right of citizens to form political parties. Before now, the right was abridged by the government and the Independent National Electoral Commission, INEC, but following the supreme Court ruling in the case brought by the Coalition of parties led by Chief Gani Fawehinmi and the National Conscience Party, that right is now available to all Nigerians who fulfill the conditions for the registration of political parties. This has since given rise to an unprecedented increase in the number of political parties in Nigeria from just three in 1999 to more than 50 now.

16b: In law, all citizens have a right to run for political office.

Score:

YES

Comments: These sections state criteria for the qualification for running for office, with some exemptions on age and educational qualification.

References: 1. Sections 65, 106, 131,& 177 of the 1999 Federal Constitution

Peer Review Comments: Ex-convicts are excluded from seeking public office, as provided by law.

16c: In practice, all citizens are able to form political parties.

Score:

100

$Scoring Criteria :: 100 Score Criteria: While there is no guarantee of electoral success, political parties can form freely without opposition. <p>50 Score Criteria: Some barriers to formation are present, such as burdensome registration requirements that may not be fairly applied. Some parties\' political viewpoints may draw pressure from the government, such as surveillance or intimidation. Some political parties or organizations may have extra barriers to getting on a ballot. <p>0 Score Criteria: Some political parties are effectively barred from forming through some manner of official or unofficial pressure. This may include threats, arrest, or violence from competing parties or other groups.$

Comments: After a Supreme Court judgment, the National Electoral Body relaxed their very stringent rules for registration of political parties. Consequently, there are now 50 political parties in Nigeria.

16d: In practice, all citizens can run for political office.

Score:

100

Comments: The law allows citizens to run for elections, but the practices of political parties nomination process were deemed undemocratic. People called it selections and not nominations. The processes of the nominations and elections were heavily manipulated by the ruling party and the National Electoral Body. Some candidates were illegally barred from running. Many of these petitions are brought before the Elections Tribunals.

References: 1. United States Institute of Peace, Special Report "Nigeria's 2007 elections the fitful Path to Democratic Citizenship", page 4 Jibrin Ibrahim , January 2007 www.usip.org 2. Emma Ezeazu, executive secretary, Alliance for Credible Elections (ACE), ACE's Abuja Office, Aug. 19, 2007

Peer Review Comments: The fact that political parties prevent some of their members from being their flagbearers during elections should not be taken as a 'general' legal impediment to citizens ability to run for political offices. Many of those who were prevented from runing by their parties approached the courts and their rights were restored while others ran on the platform of different political parties

16e: In practice, an opposition party is represented in the legislature.

Score:

100

$Scoring Criteria :: 100 Score Criteria: The opposition party always has some influence on the proceedings of the legislature. The opposition party can introduce legislation or bring pending matters to a vote without the consent of the ruling party. <p>50 Score Criteria: The opposition party has influence on the proceeding of the legislature, but it is limited in scope. The opposition\'s ability to force votes or publicly debate certain topics may be limited. <p>0 Score Criteria: The opposition party has only token participation in the legislature\'s proceedings and cannot advance legislation or force a debate.$

Comments: Most of the legislature is composed of PDP members, so the level of impact of the opposition parties is quite minimal. For instance, the ruling party PDP got leadership of the just composed 6th National Assembly Committees.

References: 1. ThisDay Newspaper, June 14, 2007, page 5 2. Emma Ezeazu, executive secretary, Alliance for Credible Elections (ACE) ACE's Abuja Office, Aug. 19, 2007