| INTERIM REPORT OF THE TRANSITION MONITORING GROUP |  |
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March 1, 1999 | |
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INTERIM REPORT OF THE TRANSITION MONITORING GROUP ON THE PRESIDENTIAL ELECTIONS HELD ON SATURDAY, 27th FEBRUARY 1999
1. INTRODUCTION: The Transition Monitoring Group (TMG), a coalition of 63 human rights and civil society organisations, monitored the Presidential Elections held throughout Nigeria on Saturday, February 27, 1999 by deploying 10,700 observers across the country. The elections were contested by Chief Olu Falae (joint candidate of the AD and APP) on the platform of the APP, and General Olusegun Obasanjo on the platform of the PDP. This report is based on the observations of the polls made by TMG monitors from the 36 states of Nigeria and the Federal Capital Territory, Abuja. 2. HIGHLIGHTS TMG observed that the trend of awarding high votes, or votes in excess of the number of accredited voters, which had been observed during the National Assembly elections assumed much greater proportions during the Presidential elections. This trend was observed across the country, although there were areas where the incidence of electoral fraud was great enough to completely distort the election result. Most disturbing was the extent to which electoral officers colluded across the country in the falsification of results. Reports submitted by TMG�s monitors make it clear that both parties were heavily involved in electoral malpractices, although it is difficult to say the extent to which the efforts of the two parties cancelled each other out. In view of the concerns raised by the TMG in its interim report on the National Assembly elections about the effect that the rise in election malpractices which were observed in that election on 20th February 1999 would have on the credibility of the electoral process, it is extremely disturbing to note that the Independent National Election Commission (INEC) appears to have taken no steps to sanction erring officials or to correct the anomalies observed then. Undoubtedly this removed much of the constraint that ought to have informed the actions of INEC polling officials, particularly against a background where perceptions about the relative strengths of the parties might have led each to feel that there was something to gain by �boosting� the votes cast in their favour. INEC�s major solution to the problem of election malpractices appeared to consist of urging a high voter turnout, and indeed, it was observed that voter turnout was generally higher than in previous elections a cross the country, particularly in the South-West. In some areas however, there remained a fairly high incidence of voter apathy, and the voter turnout was not sufficient to guarantee the integrity of the electoral process. There was a marked increase in political campaigns and civic education to sensitise and mobilise the voters to turn out for the election despite the fact that there was little time between the nomination and clearance of the candidates, particularly having regard to the size of the constituency (the whole country) to be covered. There were of course, only two candidates for the Presidential polls � presented by the PDP and by the alliance between the AD and the APP. INEC however, had made no effort to lessen any possible confusion which might be caused by refusing to remove the AD logo from the ballot papers on the excuse that the ballot papers had already been printed. Although questions might justifiably be raised about what INEC proposes to do if the need for a run-off election between only two parties arises (when presumably a ballot paper bearing only two parties will have to be used), it was observed that the AD-APP alliance had certainly done a great deal of work to explain the alliance to the voting public. Although there were some cases of votes cast for the AD, these were insignificant, and could not be said to have affected the overall result of the election. 3. PREPAREDNESS OF INEC The INEC again improved on its performance in this regard. Materials were made available, although time-keeping remained a problem in many areas. It may also be said that some of the logistical problems which were observed were due in many cases to the default of individual INEC officers. TMG�s observations in respect of specific logistical issues are as follows:
TMG observed that while available ballot papers were under-utilised at a number of the polling stations, they were rendered artificially scarce at other polling stations. The fraudulent behaviour of some electoral officials exacerbated the situation.
Apart from the area of the technical administration of the poll, a marked feature of this election was the extent to which many electoral officers actively colluded with party agents, to commit electoral malpractices, or allowed the voters themselves to subvert the electoral process. The improvement in the technical competence of INEC officials which has been consistent, was sustained. Electoral officials administration of the accreditation process, display of voters� registers, explanation of the fact that votes should only be cast for APP or PDP, and general assistance to voters were commendable. TMG regrets to note however, that many electoral officials across the country failed to live up to the high standards of integrity required of them. The picture was not uniform across the country. Election officials in Lagos State deserve commendation for their determination to frustrate the efforts of party agents to rig the elections, in which they were successful although a case where original figures of 87 votes for APP and 76 votes for PDP were altered to read 87 votes for APP and 176 for the PDP was recorded at Ward No. LA/08/085, Government College, Waziri Ibrahim Polling Station in Victoria Island was observed and INEC officials indicated that a report would be attached to that result. Elsewhere the officials were less resistant to the plague of electoral malpractices. For example, at Ekiadolor Village in Orhionwhon LGA of Edo State, the presiding officer connived with the PDP agent to open the ballot box during the election. In Osusu II Ward 4 of Pope John Paul Nursery/Primary School Unit 16, Aba North LGA of Abia State, the presiding officer conspired with the polling clerk whom she gave 100 ballot papers which he thumb-printed in favour of PDP. Fortunately, in this case, the presiding officer, who had already given the TMG observer false figures for accredited voters, was in the process of stuffing the ballot papers into the ballot box when she was arrested. At Sabon Gari Ward, Magami Station in Zamfara State, the presiding officer and party agents were given money to favour one of the parties. In this case, the election was cancelled by the Military Administrator of Zamfara State, although it is not clear by what authority he exercised this power.
TMG still received reports of late arrival of voting materials and this affected punctuality. However, although this did not appear to have seriously affected the conduct of the polls in most areas, it was observed that in some cases in Lagos State, the failure to adhere strictly to the times fixed by INEC allowed some voters to move from one station to another and cast votes at each. This was particularly the case at polling stations in the Lafiaji Area of Lagos Island where voters who had been seen voting at one station were observed cleaning their fingers of the allegedly �indelible� ink, and proceeding to vote at other stations. This was possible precisely because of the variation in the time at which voting commenced and finished in this area.
A disturbingly high number of polling stations remained without voting booths despite the fact that this was the fourth election being conducted by INEC. This affected the secrecy of voting. For example, at Fari polling station in Kano, there was no polling booth at all and voters had to cast their votes openly next to a meat seller, under the eyes of his customers. Again, the transparency of the ballot box exposed some voters to verbal harassment, as some voters in Lagos Island who were seen to have cast their votes for the PDP (in an area where most votes were being cast for the AD) were openly abused, and this led one voter to injure himself in his haste to escape.
The transportation arrangements for the elections remained inadequate in many states of the country. As a result, electoral officials had to rely on party agents or TMG observers for lifts, with attendant risks. In Rivers State presiding officials and police were observed begging party agents to assist them with either vehicles or even cash to enable them to return to their stations at the end of the elections.
TMG�s general observation was that the voters register was available in most places. However, there were still cases where registered voters were not permitted to vote. In Cross River State some voters were unable to vote because their names were missing from the register, even though they had voted in previous elections. In other areas, for example in Ovbiogie, Ekiadolor and Ugbogiobo in Ovia North-East LGA of Edo State, persons whose names were not contained in the voters� register were allowed to vote. It must also be noted that the initial failure to expose the voters� register at the end of the voters� registration exercise, even though it was clear that there were several cases of multiple registration and sale of voters� registration cards, has left the electoral process open to abuse. The failure to expose the voters� register for correction has also made it difficult (if not impossible) to establish with any certainty the true percentage of genuinely registered voters who may have turned out for any election.
Considering the expectations and the importance of the office at stake, the voter turn out was by no means as high as expected, although there was an appreciable improvement over the previous election. Across the country, the picture as regards voter turnout varied considerably. For example, in Cross River State, voter turn out was generally very poor, and TMG monitors observed that the results returned were based on falsified returns by presiding officers. At the other end of the country, at the Shehu Abdullahi voting precinct on Ogbomosho Road in Kaduna North LGA, the presiding officer claimed to have had only 100 ballot papers allotted to him. Over 400 voters who were waiting to cast their votes manhandled the presiding officer, and later sent a delegation to the INEC office where it was confirmed that 500 ballot papers had been supplied for the polling station. It was only when the presiding officer saw security officials were sent to investigate the matter approaching that he dashed to a nearby primary school and returned with two booklets of ballot papers. This underscored the sense in INEC�s advice that a large voter turnout would provide some protection against election rigging, but of course, took no account of the distortions which occurred at the commencement of INEC�s duties, when the voter registration was itself massively rigged, with no opportunity for it to be corrected. The efforts made by the AD-APP alliance to educate voters on the effect of their alliance and how those wishing to support it should cast their votes have been noted above. 4. GENDER PATTERN OF VOTING The turnout of women voters remained generally low, although in some areas of Kano and Lagos States, the turnout of women voters was as high as that of the men. In Kaduna State, the low turnout of women voters was ascribed to the fact that some women were in purdah. 5. SECURITY SITUATION On the whole, the elections were peaceful despite the absence of security personnel at many polling stations. However, there were still several incidents of violence observed by TMG. A disturbing feature was the manner in which some TMG officials were themselves assaulted when they were perceived to be a stumbling block to the attempts of some party agents and polling officials to commit election malpractices. At the Katuru Road 1 polling station in Ungwun Sarki ward of Kaduna North LGA, the TMG observer was beaten up when she observed preparations for election malpractices. At Oredo LGA in Benin City, TMG observers were threatened and driven away at gun point by a well-known PDP leader, while at Ekiadolor, the TMG observer was physically assaulted by PDP thugs. The appearance of firearms was not confined to Edo State. At Union Boys Secondary School at Awkunanaw in Enugu South LGA of Enugu State, INEC staff were held at gun point while a PDP agent and his followers marked hundreds of ballot papers, and after ordering the presiding officer to open the ballot box, stuffed them inside the box. Although in some areas, such as Zamfara State, security was beefed up by the use of prison and immigration officers, in others, the security was not as effective as it ought to have been, for example, at Olowora Primary School, Isheri Ward 152/026 in Kosofe LGA of Lagos State, the security agent went into a nearby restaurant and was drunk as early as 9.30 a.m.! 6. MALPRACTICES The election saw a marked increase in the number of election malpractices. Rivers State was a particular victim in this regard. So blatant was the incidence that even where a combination of local and international monitors was observing what was going on, along with a police officer, a presiding officer at Polling Unit No. 12, Ward 7B, Girls Secondary School, Rumueme in Obia/Akpor LGA stuffed 114 ballot papers for the PDP into the ballot box. She was arrested. At Ward 7C, Community Secondary School also in Rumueme, the presiding officers refused to record the votes cast at the polling point in the presence of party agents as required by the INEC procedure. This was despite the presence of an INEC supervising presiding officer, who refused to call the presiding officers to order. In fact, the aggregate of the report by the 406 election monitors deployed by the TMG in the state was that the presidential election witnessed the worst level of malpractice in the state since the commencement of the transition elections. This is particularly disappointing in view of the widespread publicity given to the malpractices which marred the immediately preceding election, as observed by both local and international monitors which ought to have resulted in increased vigilance on the part of INEC. In Kano malpractices were on all sides. While in Gaya LGA some voters were offering their votes for sale for as little as N10.00, in other areas, such as Madobi, INEC officials and party agents connived in bribery and rigging. The fallout of bribery at Sabon Gari ward, Magami polling station in Zamfara State has already been noted above. Attempts at underaged voting was also a feature at this state, for example at Danbawa 5B polling station in Tsafe ward, ten underaged boys were brought for voting, but were detected. Under aged voting remained a problem. At Queen Amina College polling station in Kakuri ward in Kaduna South LGA, over 50 underaged students were registered and led to be accredited for voting by their teachers while dressed in their school uniforms! Six of them had actually voted when international monitors were sighted. At this, the students were herded back into the school, and brought out as soon as the international monitors left, to continue their attempt at underaged voting. Abia State witnessed heavy rigging, for example, at AB/12/119/01/2 Umusoieke Civic Hall, Ward 1 of Ugwunagbo LGA, the presiding officer inflated the number of accredited voters from 20 to 426 in readiness for thumb-printing ballot papers. Bribery was also observed at Mainland College, Eziukwu Ward I, Aba North LGA. Election malpractices in Ekiti State were particularly marked in areas where governorship aspirants or candidates appeared to have been anxious to �make a good showing�. For example, at Ilejemeje, Ido Osi, Ekiti West, Irepodun/Ifelodun and Ijero TMG monitors observed that as many as 600 voters were recorded as having voted within a period of 30 � 60 minutes, although only a handful of people had been actually seen at relevant polling stations waiting to vote. As a result of this particular malpractice, voting was ended as early as 12.00 � 12.30 p.m. 7. CONCLUSION From the foregoing narrative, it is clear that the presidential election recorded a far higher incidence of electoral malpractices than previous elections, and this is a matter for grave concern as it calls the legitimacy of the process into question. Particularly worrying is the role of some INEC officials in perpetrating these malpractices. These kinds of malpractices have the potential to erode the confidence of the electorate in the whole transition to civil rule process. It will be recalled that the TMG has consistently stressed the importance of INEC�s attending to all the lapses and irregularities which had been observed, in order that all participants in the transition process would feel able to accept the outcome, as Nigeria has suffered greatly in the past from the inability of losing parties to accept that the integrity of the electoral process had been maintained. INEC carries a heavy responsibility in this regard. 8. RECOMMENDATIONS
In view of the doubts which will inevitably be raised about the outcome of the electoral process as a result of the malpractices noted above, it is important for the incoming civilian government to appreciate and understand that the emphasis in the current process has been on transition to civilian rule, rather than the establishment of full-blown democracy in Nigeria. Any triumphalist insistence on a �winner-take-all� stance on the basis of a supposed democratic mandate must be avoided. The incoming civilian government must therefore begin to make determined and sustained efforts to cultivate democratic norms and values amongst its members, as well as in the society at large.
Although, as observed, INEC maintained a steady improvement in its performance, at least as regards logistic arrangements, the manner in which many of its officials colluded in electoral malpractices shows that a great deal remains to be done. It is indeed unfortunate that erring officials have hardly been brought to book, thereby giving the impression that a culture of impunity has been entrenched in the INEC. These issues must be addressed. Despite a commendable level of independence, it is disturbing that INEC had no reaction to situations where functionaries of the outgoing military government cancelled elections at certain polling stations in their states, and in some cases, ordered fresh elections.
It is important for political parties to imbibe the principles of democracy at all levels, particularly as regards their internal processes. The part played by money in the whole transition process does not augur well for democracy in Nigeria. It is to be hoped that party members will learn to win votes by the persuasiveness of their programmes and policies, rather than by rigging, bribery and violence.
The entire transition process has now been conducted without any constitutional framework whatsoever. The TMG therefore wishes to caution the Federal Military Government against attempting to place the emerging Nigerian civilian democratic process into any straitjacket, by imposing a Constitution on the nation. The TMG is of the firm view that as the Provisional Ruling Council is unrepresentative and unelected, whatever constitutional arrangements it may resolve upon should at the most be strictly transitional. Constitution making should be left to the people of Nigeria.
Although the electorate is to be commended for its perseverance and determination to see the transition process through, many of the incidents observed by the TMG monitors make it clear that a great deal still remains to be done in the field of civic education, voter mobilisation and empowerment, particularly by women�s groups. For: Transition Monitoring Group
Clement Nwankwo
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