ASSESSMENT OF THE ROLE OF THE NATIONAL ASSEMBLY IN ELECTORAL REFORMS IN NIGERIA BETWEEN 2009 TO 2021

CHAPTER ONE

INTRODUCTION

Background to the Study: Political power is sought or maintained through electoral processes. An election is essential to democratic transition and consolidation in a competitive political environment. As a result, if elections are not properly structured and managed, they can lead to conflict and violence (Ongoya & Willis, 2012). It is frequently managed through the enactment of enabling legislation. According to Ismai'al and Othman (2015), democratic governance is a process in which democratic principles like popular sovereignty, empowerment, political equality, majority rule, functional constitution, rule of law, independent judiciary, periodic free and fair elections, and human rights and freedom are enshrined in a polity.  

An election in a democracy is very important because it is a medium through which the expression of the people is shown via legitimacy and leadership succession. According to Gauja (2010), modern democracies rely on free, fair, and credible elections. Hence, Obiefuna-Oguejiofor (2018) alluded that the outcomes of elections can impact voters’ freedoms, taxes, and other aspects of daily life that they take for granted. Free, fair, and credible elections are therefore essential pathways to achieving sustainable development in any country (Sorensen, 2007). Thus, the International Peace Institute [IPI] (2011) concluded that elections have facilitated the emergence of democratic governments in Benin, Cape Verde, Ghana, Mali, Senegal, and South Africa, hence, following autocratic regimes and protracted civil wars, more stable societies have emerged in Guinea, Liberia, Niger, and Sierra Leone. Nevertheless, elections have been manipulated to legitimate autocratic regimes or to ensure dynastic successions on the African continent.

Nigeria practices a representative democracy with the sovereign power vested on elected representatives during periodic elections. These representatives are charged with the duty to make laws for the peace, order, and good governance of the Federation (Section 4 of the 2009 Constitution of the Federal Republic of Nigeria, as altered). The law-making function of parliament according to Van Gestel (2013) accords it the place of primacy in governance because all activities of governance begin with law-making. If indeed, governance sets out at the place of law-making, it is, therefore, safe to assert that electoral processes are derivable from laws enacted by the National Assembly. For instance, the major laws governing the electoral process in Nigeria are the Constitution of the Federal Republic of Nigeria 2009, the Electoral Act 2010; and the Independent National Electoral Commission [INEC] Regulations and Guidelines for the Conduct of Elections. In fact, while section 153 of the Constitution (a legislative creation) establishes INEC and grants her the powers to manage the electoral process through the enactment of the electoral act (e.g., 2010 electoral act), the aforesaid law further allows INEC to set suiting guidelines for the conduct of elections.

Given the above, a few conclusions can be drawn. First, elections are the hallmark of a democracy, that is, it represents the true essence of democracy. Second, electoral governance which ultimately births elections is a system driven by laws made by the legislature and in this case, Nigeria’s National Assembly. Third, parliament is a critical success factor to electoral reforms because of the centrality of laws in governance (Van Gestel, 2013). Juxtaposing these assertions with the propositions of the elite and decision theories, it is safe to assert that since governance is a function of laws made by parliaments, the parliaments represent the group that wields the legislative powers within the respective jurisdictions which underscores the dictate of the elite theory and also the timeliness of legislative proposals aimed at electoral reforms which would translate into better electoral governance is at the core of the decision-making theory. Overall, electoral reforms that would define electoral governance are subjected to complex legislative procedures (decisionmaking) by elected representatives that wield lawmaking powers (elites).           

1.2. Statement of Problem

Parliament is expected to play a dominant/prominent role in electoral reforms so that there can be stable democratic behaviour. Therefore, Parliament has a statutory responsibility to make contributions to electoral reforms in all political systems. As a result, it can be asserted that the National Assembly is central to electoral reforms in Nigeria following the legislative powers vested on it by section 4 of the 1999 constitution (as altered). Nevertheless, the National Assembly like most democratic parliaments is largely influenced by the behaviour of the executive, political stakeholders, and interest groups. In fact, the executive arm of government has supposedly usurped this all-important role in the improvement of the electoral laws, electoral process, and electoral activities. The back and forth with the recent amendment of the 2010 electoral law is a testament to this fact.

Apart from this, the political elites, economic elites, social elites, military elites, and traditional rulers have acted in ways suggestive of a possible subversion of the constitutional mandate of the parliament whose members ordinarily, should have the exclusive legislative preserve to propose electoral amendments so that the reforms can be organized to cope with the current change. In perspective, these elites and decision-makers have bureaucratized electoral reforms so that electoral institutions like the Independent National Electoral Commission (INEC) and other allied institutions seem to have taken over this statutory responsibility of elected representatives. This is profound with the 23-person Electoral Reform Committee (ERC) of 2007 (Omotola, 2010). While any meaningful effort geared towards electoral reform must be commended, the constitutional legislative role of the National Assembly cannot be dispensed with. Based on this, this study undertook to expose and strengthen the legislative efforts aimed at facilitating electoral reforms in Nigeria between 2009-2021. It is against this backdrop that the study is embarked upon to assess the role of the National Assembly in electoral reforms.  

1.3. Research Questions

The following questions guided the focus of this study:

1. Which roles have been played by the National Assembly in facilitating electoral reforms in Nigeria?

2. What are the specific electoral reforms facilitated by the National Assembly from 2009 to 2021?

3. What were the challenges encountered by the National Assembly in the course of facilitating electoral reform from 2009 to 2021?

1.4. Research Objectives

The broad objective of this study was to examine the electoral reforms in Nigeria focusing on the role of the National Assembly. Specifically, the study aims to:

1. Examine the role played by the National Assembly in facilitating electoral reforms in Nigeria;

2. Identify the specific electoral reforms facilitated by the National Assembly from 2009 to 2021; and    

3. Evaluate the challenges encountered by the National Assembly in the course of facilitating electoral reform from 2009 to 2021;  

1.5. Research Propositions

1. The National Assembly has not played any significant role in facilitating electoral reforms between 2009 to 2021.

2. Specific electoral reforms have been facilitated by the National Assembly between 2009 and 2021

3. There were challenges encountered by the National Assembly in the course of facilitating electoral reform from 2009 to 2021.

1.6. Scope/Limitations of the Study 

This study was delimited to the Nigerian National Assembly. The choice of the National Assembly is due to the inherent advantage of legislative competence over the subject being examined. Besides, the role of the National Assembly in governance viz-a-viz law-making (electoral reforms process) especially as the bearer of popular sovereignty further necessitated the delimitation to the National Assembly necessary. Unarguably, the place of the parliament in such reforms gravitates toward its relationship with the electorates who in fact, bestows it the sovereign power. Also, the subject of electoral reform falls within the National Assembly’s legislative competence given Nigeria’s Federal construct.

The time delimitation covers a period within the Fourth Republic i.e., 2009-2021. The time scope affords a historical insight into electoral reforms over a period. Although significant electoral reforms took place throughout Nigeria’s experiment to Nationhood up till her independence, the period 2009-2021 marked a difference in the country’s quest for democratic consolidation. Lastly, the analytical scope bothers on the various legislative interventions by the National Assembly in facilitating electoral reforms during the highlighted period.

On the limitations of the study, the study envisages an uncooperative attitude from respondents in obliging the interview request. Hence, causing an insufficiency of sample size for statistical measurement. Second, the short supply of prior studies on the roles of parliaments in electoral reforms which would provide the theoretical foundations for my research questions poses another challenge. Nonetheless, the resort to Key Informant Interview (KII) served as a complementary source of data.

1.7. Significance of the Study

There is a seeming gap in knowledge on the role of parliaments in the electoral reform process resulting in the dearth of literature on this area. Such studies even if they exist, rarely focused on making a comparison between jurisdictions. On this note, the findings from this study seek to bridge the knowledge gap. The study also serves as reference material and thus, a springboard for policymakers, researchers, students, etc., in this area of knowledge.  

Besides, parliamentary institutions such as the Inter-Parliamentary Union (IPU), Commonwealth Parliament Association (CPA), African Parliamentary Union (APU), etc., would find this useful in formulating policies aimed at evaluating the role of parliaments in the electoral reform process. Lastly, the Independent National Electoral Commission (INEC) would find this a helpful working guide especially in pursuing reform advocacies given that the National Assembly occupies the place of primacy in lawmaking.

1.8. Organization of the Study

This dissertation was organized into five chapters. Chapter one contains the general introduction which consists of the background to the study, statement of the research problem, research questions and objectives, significance of the study, scope, and limitation of the study, and the outline of the research. Chapter two is the review of literature bordering on the variables being studied and the theoretical framework. Also, Chapter three focuses on the research methodology. While Chapter four will provide the presentation of data and discussion of results. Finally, Chapter five provides a summary, recommendations and conclusion of the study.