Local government elections: Strengthen SIECs instead of abrogating them

In Nigeria’s federal structure, the local government system is designed to operate closest to the grassroots, making it easier for citizens to participate in governance. This is intended to shape good governance and provide essential social amenities necessary for national development at the lowest level.

According to the Nigerian Constitution, in its Fourth Schedule, local governments have defined functions, including the provision and maintenance of primary, vocational and adult education; provision and maintenance of healthcare services; the development of agriculture; the naming of streets and numbering of houses; the establishment and maintenance of cemeteries, motor parks, markets, slaughterhouses, just to mention a few.

The Constitution also, by virtue of Section 7(1), has made elections into local government councils under the purview of state governments. The phrasing of that clause, “system of local government by democratically elected local government councils is under this Constitution guaranteed,” also makes it clear that local government councils are set up to be managed by democratically elected persons, and it was not the intention of the drafters that they should be managed by caretaker committees.

However, it is common to find local government councils run by caretaker committees rather than elected persons across the country. When local government elections are held, these elections often fall short of being free, fair, and credible. They are marred by barriers including weak and ineffectual electoral laws, lack of independence of state independent electoral commissions (SIECs), diminishing interest by political parties who often accuse the SIECs of bias and the elections as selections, and voter apathy. These factors negatively impact the quality of local government elections in Nigeria, diminish citizens’ rights to choose their representatives and affect the quality of governance they receive.

The quest for improved local government elections is a part of the agitation for local government autonomy, which, over the years, has generated much public discussion in the country. The autonomy of local governments is essential for effective governance, accountability, and service delivery at the local level.

One important way to achieve this is to conduct local elections without interference from the executive arm of government – where governors allow local governments to have their own democratically elected chairmen and stop imposing caretaker chairmen to manage local government affairs as part of dispensing political patronage.

Against this backdrop, there have been recent calls in some quarters for SIECs to be scrapped and the responsibility for local government elections transferred to the Independent National Electoral Commission (INEC). The thinking is that INEC will do a better job of organising these elections, as they are less prone to interference from the governors and will ensure that the elections are held regularly as spelt out in the law.

However, amending the Constitution to scrap SIECs will be counterproductive as it will not make local elections credible or improve outcomes. Rather, it will overstretch an already overburdened INEC, leading to poorly conducted local elections. It will also undermine the autonomy of states guaranteed in the Constitution, potentially leading to an overconcentration of power in the Federal Government and, most importantly, weaken local democracy and citizens’ participation as local communities will be stripped of the opportunity to participate in decision-making.

So, how can we improve local government elections in Nigeria?
We need to focus on improving the performance of SIECs by strengthening our laws to safeguard their operational, administrative and financial independence. There is also a need to address the ambiguity regarding the tenure of Local Government Chairmen and councilors through constitutional amendments to minimise arbitrary dissolutions of local governments by governors supported by state legislatures. This will also establish clear timelines for making appointments into SIECs.

Additionally, there needs to be legislative reforms that introduce mechanisms for equitable devolution of power to state and local government, including laws that empower local governments with greater administrative and fiscal autonomy. These reforms should also establish robust legal frameworks for SIEC activities, which should be harmonised with the Electoral Act 2022 for uniformity and legal coherence. Finally, SIECs should invest in capacity development to improve the quality of election administration at the state level. This includes training for electoral officers, acquiring modern electoral technologies, and improving administrative processes.

These ideas are not entirely new; some have been adopted to strengthen our electoral system at the federal level and of INEC as an institution, which has resulted in significant improvements in the credibility of our elections.

This approach is at the core of the CSO-Led Advocacy and Engagement Model for SIECs Project being implemented at Yiaga Africa to improve local government electoral systems and strengthen SIECs in Akwa Ibom, Kaduna and Lagos States. Through this initiative, Yiaga Africa is engaging election stakeholders in these states on how to enhance the legislative framework for local government elections in their states to make their local government elections models for other states to emulate.

This approach promises to improve the credibility of local government elections in Nigeria while strengthening SIECs and not undermining the autonomy of states as guaranteed by the Constitution.

However, abrogating SIECs and transferring their functions to INEC will not bode well for our democracy. Mkpume is a Communications Officer at Yiaga Africa with experience in election observation and political inclusion advocacy in Nigeria.