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

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

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).           

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.

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