Address Delivered at the Briefing of Accredited Observers for the 2015 General Elections – By Professor Attahiru M. Jega, OFR Chairman, INEC

March 19, 2015

PROTOCOL

I would like to commence by thanking all of you for accepting to participate in this briefing of accredited election observers for the 2015 general elections. My gratitude is particularly founded considering that the elections had to be rescheduled when many of you, particularly the international observers, had started deployment in February. As a Commission, we deeply regret the  inconvenience that may have caused you. However, we believe that in the circumstances that decision was necessary. Still, I hope that in spite of the problems you may have encountered, the rescheduling afforded you the opportunity to better contextualize the elections, improve your understanding of the environment and properly study INEC’s level of preparedness.

I must say that as a Commission, we greatly value our partnership with election stakeholders, particularly election observers. Your participation in elections often provides us with dispassionate and rich assessments of the electoral process, which add value to our work as a Commission. In fact, Observers’ reports on the 2011 general elections, many of which were produced by some of you in this room, have been like guidebooks for our preparations for the 2015 general elections. Often, relations between the EMBs like INEC and election observers in a fledgling democracy like ours oscillates between cooperation and conflict. A number of factors shape whether these relations are conflictive or cooperative. The first factor is the history of relations between election observers and the specific EMB. If that history has been one of suspicion, pressure and misunderstanding, observation of elections is likely to be repeatedly conflictive. Usually, there is a defining moment in these relations that entrenches this conflict dynamic. This is most likely to be an event in which observers and the EMB disagree fundamentally, which is not subsequently resolved. Once this threshold of conflict is crossed, it is always difficult to reverse the conflict dynamic. The irony is that the specific event that creates this conflict dynamic may only be related to one observer group. Yet, it could define the manner in which observers and EMB perceive each other for a long time.

The second factor is the broad image of the country and perceptions about whether the country and the EMB are truly committed to the democratic and electoral processes. Where a country is perceived not to be committed to conducting free, fair and credible elections, election observers are likely to be more aggressive, assertive or inquisitive, while the EMB would tend to deny access and cooperation.

The third factor is the level of consolidation of the electoral process in a country. Observers are likely to adopt more aggressive attitudes to a country’s election and its managers in early post-authoritarian elections. Subsequently, especially if election management keeps improving, the relations are likely to improve and become more cordial. Finally, the specific individual attitudes of the leadership of both the EMB and observer groups are important in defining their relations. Leaders on both sides must be willing to talk to each other, not talk at each other. Openness is central in forging cordial relations.

Luckily, at INEC we have enjoyed very cordial relations with both domestic and international observers since the 2011 general elections. This has been partly shaped by three things. In the first place, we established a transparent procedure for selecting observer groups. Calls for applications and/or the selection criteria are usually published in newspapers and our websites. The criteria are strictly applied and groups are ranked before selection is made.

Secondly, we developed comprehensive guidelines for election observation. The INEC Guidelines For Election Observation, which is available in both print and on our website, is based on global norms, standards and sources. Among these are the ECOWAS Principles of Democratic Elections, which is established by the ECOWAS Supplementary Protocol on Democracy and Good Governance of 2001, the African Union Declaration on the Principles Governing Democratic Elections in Africa of 2002 and the Cotonou Agreement signed between the European Union and the Africa, Caribbean and Pacific (ACP) States in 2000.

The guidelines cover such things as processes of selection and accreditation of observers, code of conduct, responsibilities of both observers and INEC, as well as detailed description of the political and electoral processes in Nigeria. These guidelines are the normative basis for INEC’s engagement with foreign and local observers. The existence of these guidelines ensures that all parties recognize that election observation is a cooperative exercise in which all sides have rights and duties, which collectively ensure that the highest democratic standards apply.

Through its guidelines on election observation INEC seeks to frame three essential normative principles namely, rights, responsibilities and conduct of observers. Rights generally signify the entitlements of observers, responsibilities are the duties they bear, while conduct refers to behaviour and actions expected of them. Among the rights of observers are adequate security and protection, adequate information; free access to voting facilities, free movement and civil treatment. On the other hand, the responsibilities of observers include respecting the sovereignty and laws of Nigeria, abiding by guidelines and regulations of INEC, attendance at briefings, careful, dedicated observation and to issue honest report on the election. In their conduct, observers are also expected to declare any conflict of interest, be impartial and unobtrusive, ensure that their reports and conclusions are evidence-based, eschew prejudgment of the process, always carry proper identification, be careful about comments in the media, be prudent in receiving gifts and favours and avoid involvement in disputes. I implore you be conversant with the provisions of the Guidelines as you deploy to the field in the days that follow.

The third factor that has improved relations between observers and the Commission since 2011 is the establishment of the INEC Situation Room. This has made it possible for the Commission to respond rapidly to certain urgent observations made by observers. In other words, unlike in the past, the Commission does not have to wait for months after elections to receive reports, when it could intervene during elections to solve problems. The real-time report of events in the field to the Situation Room and the rapid intervention of the Commission when necessary have improved the quality of the electoral process and improved confidence between observers and the Commission.

I would like to draw your attention to one cardinal distinction that INEC makes through its guidelines for election observation. That is the distinction between election observation and election monitoring. According to the INEC Guidelines for Election Observation, there is a fundamental difference between the two. An election monitor is an integral part of the election management structure and has a role in the administration of the election. In Nigeria, only the Independent National Election Commission (INEC) and its duly authorized personnel are empowered to monitor elections. An Observer on the other hand does not have any role in the administration of the election nor any control or oversight functions.  To further simplify these points:

• An election monitor exercises some level of lawful authority over the conduct of elections as well as over officials involved; an Observer has no such powers.
• In Nigeria, a monitor must be a duly authorised personnel of the INEC; an Observer is independent and reports only to his or her organisation
• A monitor can issue instructions and take decisions on behalf of INEC and to that extent would ordinarily possess a greater technical knowledge of the election process than an Observer.
• To enable them fulfil their functions effectively, INEC is responsible for training election monitors on election administration. The training of election Observers is the responsibility of the organisations that deploy them.
• The roles, powers and functions of monitors are created and regulated and the authority so exercised is clearly spelt out.

It is important to clarify these because observers in the past sometimes overreach the limits of our conception of observation, which often results in tension and disagreements. Indeed, the Nigerian legal system expressly states that a cardinal function of INEC is to monitor the electoral process.

I would like to end this address by giving you a brief update on our preparedness for the elections in order to assure you that we are on course. I am aware that there are still lingering concerns on whether the elections would hold or not. Let me say that I do not see any indication from any quarters of any wish to further postpone the elections. After the rescheduling of the elections, the Commission met, reviewed the situation and decided on how best to utilize the six-week extension to add value to operational and logistical preparations for the elections. We believe that effective utilization of the period of extension would enable INEC to a vastly improved 2015 general elections. The highlights of the decisions, which are already being implemented, are as follows:

1. Field Evaluations: National Commissioners to visit all the State offices between February 11 and 19, 2015, they conducted evaluations and comprehensively determined levels of preparations in the field.
2. Headquarters Evaluations: Following the field visits, on February 20^th and 21^st, the Commission, together with heads of Departments, Directorates and Units, met and reviewed the field assessment and determined what specific additional things need to be done before March 28^th.
3. On February 24^th, a meeting of the Inter-agency Consultative Committee on Elections Security (ICCES), was held to discuss security arrangements for the rescheduled elections.
4. On March 7, field demonstration of the Card Reader were held in all Polling Units in sampled Wards in 12 states, 2 from each of the 6 geopolitical zones.
5. On March 11, a meeting of the Commission with Resident Electoral Commissioners (RECs) will hold to review progress of additional things done and to finalize arrangements for the March 28 and April 11 elections.

Prioritized areas of focus for the six-week period of extension are as follows:

22. Collection of PVCs: the period for the collection was first extended by 4 weeks to March 8, and subsequently further extended to March 22. We have been making every effort to ensure that the maximum numbers of voters possible collect their PVCs before the elections. We have also been providing regular updates to the public on various aspects of the collection, particularly the rate and distribution of collection. We are glad that these efforts have yielded fruits, with PVC collection increasing to a national average of over 81% in the last four weeks.

7. More public demonstration of the Card Readers in each geo-political zone was conducted on March 7. The demonstration entailed the full process of accreditation such as would take place during the elections proper. Twelve States, two from each of the six geopolitical zones, were used for the demonstration namely, Delta, Rivers, Nasarawa, Niger, Anambra, Ebonyi, Kebbi, Kano, Lagos, Ekiti, Bauchi and Taraba States. One Ward (Registration Area) was randomly selected in each State and all the Polling Units in the Ward were then used for the demonstration. For a mock demonstration, the turnout was satisfactory, with close 17,000 voters nationwide. The demonstration was also largely satisfactory with close to 100% verification and 60% authentication. The result of biometric authentication for Ebonyi was unusually low and we have not only been thoroughly investigating this, we also repeated the demonstration on March 14 with better results. Measures are being taken to address the challenges observed, which seem to be responsible for the observed low level of authentication.

1. Additional training for ad hoc staff, especially for those who are going to handle the Card Readers is currently going on. All SPOs have had one day additional refresher training while POs and APOs handling Card Readers are undergoing a 2-day additional hands-on training. Innovative training materials, including downloadable videos and phone apps have been developed to make for easier and effective learning.

1. Intensify voter education and public enlightenment on Election Day procedures. We acknowledge and appreciate the intervention of the EU through JDBF, DGD II Programme.

1. Arrangements for Election Day logistics to be intensified by RECs, especially transportation in consultation with the NURTW, in the context of the MOU already signed with the Union.

1. Wide consultations and interactions with stakeholders have also been held. Apart from the meeting with ICCES, the Commission has also held several interactions with civil society organizations, development partners and the diplomatic community. In addition, it has met with political parties and briefed the National Assembly on diverse aspects of the elections. Finally, the Commission has established a weekly press briefing by the National Commissioner in-charge of publicity. This provides an opportunity to share information and answer various concerns of members of the public. On Tuesday March 24, a National Stakeholders Summit is scheduled for ‘last minute’ Briefing preceding the elections.

In addition to the above areas, the Commission has made arrangements to enable IDPs to vote. This will apply to IDPs from areas that are worst hit by the insurgency, specifically in Adamawa, Borno and Yobe States. The plan is to create voting Centres in safe areas.

In conclusion, INEC deeply appreciates the positive roles of both domestic and foreign observers in Nigeria’s electoral process. We welcome you to freely observe the 2015 general elections in accordance with existing guidelines and the laws of the land. The Commission looks forward to your reports as it continues to work to improve the electoral process and democratic practice in Nigeria. I wish you the very best as you deploy across the country.

Thank you.