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AFRICAN UNION COMMISSION

AFRICAN UNION ELECTION OBSERVATION MISSION TO THE 2015 GENERAL

ELECTIONS IN THE FEDERAL REPUBLIC OF NIGERIA

FINAL REPORT

June 2015

African Union Election Observation Mission Report: Nigeria 2015

Table of Contents

I. INTRODUCTION ......................................................................................................... 12

II. OBJECTIVE AND METHODOLOGY ........................................................................... 14

(a) Objective ............................................................................................................. 14

(b) Methodology ......................................................................................................... 14

III. PRE-ELECTION FINDINGS ..................................................................................... 16

(a) Political Context of the 2015 Elections .................................................................. 16

(b) Constitutional and Legal Framework ..................................................................... 17

(c) Electoral System ................................................................................................... 18

(d) Election Management ........................................................................................... 19

(e) Voter Registration ................................................................................................. 20

(f) Political Party and Candidate Registration ................................................................ 21

Table 1: List of Registered Political Parties .................................................................. 21

Table 2: List of Presidential Candidates and Running Mates for the 2015 Elections .... 22

(g) Electoral Campaign and Campaign Finance ......................................................... 23

(h) Participation of Women and Youth ........................................................................ 25

(i) Civic and Voter Education ........................................................................................ 26

(j) Role of Civil Society Organisations ........................................................................... 26

(k) The Role of the Media ........................................................................................... 27

(l) Preparedness of INEC .............................................................................................. 28

IV. ELECTION DAY FINDINGS – PRESIDENTIAL AND NATIONAL ASSEMBLY

ELECTIONS ....................................................................................................................... 29

V. POST-ELECTION DEVELOMENTS AND FINDINGS OF THE PRESIDENTIAL AND

NATIONAL ASSEMBLY ELECTIONS ................................................................................. 31

(a) The Result Management and Tallying Process ..................................................... 31

Table 5: Results of the Presidential Election ................................................................ 31

(b) Complaints and Appeals ....................................................................................... 32

VII. CONCLUSION AND RECOMMENDATIONS ........................................................... 36

(a) Conclusion ............................................................................................................... 36

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(b) Recommendations ................................................................................................ 36

To the Government: ......................................................................................................... 36

To INEC: ......................................................................................................................... 36

To Parliament: ................................................................................................................. 37

To Political Parties: .......................................................................................................... 38

ANNEXURE 1: DEPLOYMENT PLAN ................................................................................ 39

ANNEX 2: OBSERVER ORIENTATION AND BRIEFING PROGRAMME ........................ 42


ACKNOWLEGEMENT

The AUEOM is grateful for the support it received from a number of individuals and

institutions that helped ensured its Mission in Nigeria was a success.

The Mission first and foremost expresses appreciation to the Government of the

Federal Republic of Nigeria and the Independent National Electoral Commission for

extending an invitation to the African Union (AU). This clearly demonstrated their

openness and willingness to subject the electoral process to international scrutiny.

The AUEOM wishes to express special gratitude to His Excellency Professor Amos

Sawyer, former Interim President of the Republic of Liberia, who, along with

Professor Ibrahima Fall, former Foreign Minister of the Republic of Senegal, and Her

Excellency Dr. Aisha Laraba Abdullahi, Commissioner for Political Affairs of the

African Union Commission (AUC), provided leadership for the Mission. Their wealth

of experience and insights strengthened the work of the Mission.

The AUEOM also acknowledges the contribution of all its observers, especially the

Long-Term Observers (LTOs), who travelled to multiple, difficult locations and

provided regular regional analysis that formed the basis of the Mission‟s public

statements and observations about the elections.

The Mission‟s work in Nigeria would not have been possible without the dedication

and commitment of its technical staff from the African Union Commission and the

Electoral Institute for Sustainable Democracy in Africa (EISA) who, collectively, were

the primary drafters of this report and other statements issued by the Mission.

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LIST OF ABBREVIATIONS/ACRONYMS

A Accord

AA Action Alliance

ACD Advance Congress for Democrats

ACDEG African Charter on Democracy, Elections and Governance

ACPN Allied Congress Party of Nigeria

AD Alliance for Democracy

ADC African Democratic Congress

APA African Peoples Alliance

APC All Progressive Congress

APGA All Progressives Grand Alliance

AUC African Union Commission

AUEOM African Union Election Observation Mission

CPP Citizens Popular Party

CSO Civil Society Organisation

DPP Democratic Peoples‟ Party

EISA Electoral Institute for Sustainable Democracy in Africa

EMB Election Management Body

FCT Federal Capital Territory

FRESH Fresh Democratic Party

HOPE Hope Democratic Party

ID Independent Democrats

INEC Independent National Electoral Commission

IPAC Inter-Party Advisory Council

KP Kowa Party

LP Labour Party

LTOs Long Term Observers

MPPP Mega Progressive People Party

NBC Nigeria Broadcasting Corporation

NCP National Conscience Party

NEDG Nigeria Election Debate Group

NNPP New Nigerian Peoples Party

NOA National Orientation Agency

NPC National Peace Committee


PAP Pan-African Parliament

PDC Peoples for Democratic Change

PDM Peoples for Democratic Movement

PDP Peoples Democratic Party

PPA Progressive Peoples Alliance

PPN Peoples Party of Nigeria

PVCs Permanent Voter Cards

RECs Resident Electoral Commissioners

SCRs Smart Card Readers

SDP Social Democratic Party

STOs Short Term Observers

UDP United Democratic Party

UPN Unity Party of Nigeria

UPP United Progressive Party

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EXECUTIVE SUMMARY

The African Union (AU) deployed an Election Observation Mission (EOM) to the

2015 General Elections in the Federal Republic of Nigeria from 2 February to 16

April 20151, following an invitation from the Federal Government and the

Independent National Electoral Commission in Nigeria. A total of 84 observers,

comprising 14 long-term observers (LTOs) and 70 short-term observers (STOs) were

deployed to cover 5 out of the 6 geopolitical regions, and 20 out of 36 States in

Nigeria.

The AU deployed long-term and short-term observers to Nigeria with the objective of

providing a critical and impartial assessment of the preparations and conduct of the

2015 elections and the extent to which they are compliant with regional, continental

and international principles for democratic elections to which Nigeria has committed

itself. To achieve this, AUEOM observers closely followed the electoral process and

held consultations with several stakeholders in Nigeria. The leadership of the

Mission also held consultations with key stakeholders in the country.

The AUEOM assessed the 2015 General Elections in Nigeria in conformity with

relevant regional, continental and international principles governing democratic

elections, as well as the national legal framework for elections in Nigeria2.

Based on observations and consultations held before, during and after the 28 March

2015 Presidential and National Assembly elections and the 11 April 2015

Gubernatorial and State Assembly elections, the AUEOM made the following

findings and conclusions:

The 2015 General elections in the Federal Republic of Nigeria constituted an

important opportunity for deepening democracy in the country. The elections

were the fifth consecutive in Nigeria‟s Fourth Republic and presented an

important step towards consolidation of democracy in the country since the

return to civilian rule in 1999. The emergence of a new opposition party – the

All Progressive Congress (APC) in 2013 reconfigured the contest for the 2015

elections.

The pre-election environment was characterised by heightened concerns

about security, particularly in the northeast part of the country. There were

also political uncertainties relating to the legal challenges made against the

1 . Actual deployment dates are: LTOs deployed from 2 to 23 February; and redeployed from 14

March to 16 April; STOs deployed from 20 to 31 March. 2 These include: the 2007 African Charter on Democracy, Elections and Governance; the 2002

OAU/AU Declaration on the Principles Governing Democratic Elections; the 2002 AU Guidelines for Electoral Observation and Monitoring Missions; the 2001 ECOWAS Protocol on Democracy and Governance; the 2005 Declaration of Principles for International Election Observation and its accompanying Code of Conduct which the AU endorsed in 2005; the XXX Constitution of Nigeria and the 2010 Electoral Act (as amended).


eligibility of the APC and PDP presidential candidates, the postponement of

the elections from 14 and 28 February to 28 March and 11 April, respectively,

and challenges associated with the introduction of biometric voter registration

and verification technologies – Permanent Voter Cards (PVCs) and Smart

Card Readers (SCR) – all of which contributed to the heightening of the

already tense political environment.

The introduction of biometric technologies during voter registration and voting

process greatly enhanced the integrity and credibility of the electoral process,

despite the challenges experienced. For instance, the introduction of biometric

registration and PVCs allowed the INEC to detect and remove duplications

and multiple registrations totalling 15,718,756 – being 14.8% of registered

voters before the commencement of the continuous voter registration. The

AUEOM commended efforts by the INEC to ensure that Nigeria has a credible

voter‟s register through the introduction and use of biometric registration

technologies.

The people of Nigeria largely demonstrated patience and resolve to have a

peaceful democratic process, in spite of the uncertainties and apparent delays

that characterised the elections. Although most of the polling units visited by

AU observers opened late, mainly due to late arrival of polling personnel and

election materials, there were long queues of voters waiting patiently to be

accredited, thus manifesting the resolve to exercise their franchise.

The two-stepped process of issuance of PVCs where voters were first issued

with temporary voter cards and then returned later to collect their PVCs posed

major operational challenge in the process, particularly in the distribution of

PVCs. However, the AUEOM noted the efforts made by INEC to step-up the

distribution of PVCs, by collaborating with local government authorities. The

AUEOM Noted that, out of a total of 68,833,476 registered voters, 81.98% of

voters had collected their PVCs on the eve of the polls.

The polling process was generally peaceful despite some isolated incidence

of violence reported in Bayelsa and Enugu states. The AUEOM commended

the security agencies for their professional conduct in ensuring a peaceful

atmosphere exists throughout the electoral process.

The polling process, which included accreditation, voting and counting, was

generally transparent and took place in the presence of international and

citizen observers, as well as political party agents. The location of polling units

in open spaces naturally subjected the process to open scrutiny by voters

throughout the day. The AUEOM, however, noted that not all political parties

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and citizen observers were represented in all polling units visited, thereby

diminishing their ability to effectively observe the polling process.

The two-step voting process, comprising accreditation and voting, was found

to be a challenge as voters had to wait for a long time after accreditation

before they were eventually allowed to cast their votes. The AUEOM noted

that this might have been a contributing factor to the generally low voter

turnout, as some voters might not have had the patience to wait that long,

especially if faced with other pressing things to do.

The polling personnel in most polling units observed managed the polling

operations in a professional manner amidst operational challenges such as

failure of the Smart Card Readers. However, the AUEOM noted some

instances where polling personnel did not follow the procedures. For instance,

in some polling units observed, the polling personnel recorded names on plain

papers rather than using the duly recognised incident forms for voters who

could not be authenticated by the Smart Card Readers.

There was commendable high participation of women in the polling process in

various capacities. In all polling units visited, 38.9% of polling personnel and

39.5% of citizen observers were women. However, the AUEOM noted that

only 18% of party agents at polling units visited were women, thus manifesting

limited consideration for their representation by political parties.

The INEC‟s preparation for the 2015 elections took place within a context of

uncertainties, including pending electoral reforms, security and logistic

challenges, which impacted on the operational preparedness for the polls.

The production and distribution of the PVCs was observed as one of the

major challenges faced by INEC in its preparations for the elections. For

instance, on 7 February 2015, the day on which the elections were

postponed, only 66.8% of PVCs had been distributed, yet this was only a

week before the initial date of the polls. Had the election been conducted as

scheduled, this would have disenfranchised a significant number of registered

voters, with its dire consequences for the country.

The 2015 elections were conducted within the framework of the 1999

Constitution (as amended) and the Electoral Act of 2010 (as amended). In line

with the OAU/AU Declaration on Principles Governing Democratic Elections in

Africa, the Constitution provides for fundamental political and civil rights for

citizens, thus guaranteeing the exercise of choice of leaders through the

ballot. The Constitution provides for the holding of regular elections through

direct universal adult suffrage. The AUEOM, however, noted that the right to

vote is only limited to resident citizens and excluded a large number of

Nigerians in the diaspora. However, the AUEOM noted that this did not


appear to be of a major concern to political stakeholders, as no one raised

any issue regarding this arrangement.

The post-electoral context leading to and after the announcement of 28 March

2015 elections was generally peaceful. The INEC officially announced the

presidential results on 1 April 2015, and the opposition APC candidate,

General Muhammadu Buhari, was declared winner of the presidential

elections, after garnering 15,424,921 votes against 12,853,162 of the

incumbent PDP candidate President Goodluck Jonathan.

The political environment leading up to the 11 April Gubernatorial and State

Assembly elections was also generally peaceful. Despite concerns about

post-election violence in some states – concerns based on historical

antecedents and the heated campaigns between the two leading parties –

both elections the 28 March and 11 April 2015 elections went on peacefully,

except for the isolated incidences of violence reported in few states.

In view of its observations and findings, the AUEOM concluded that the 28

March 2015 elections were conducted in a largely transparent and peaceful

manner and within a framework that satisfactorily meets continental and

regional principles of democratic elections. The AUEOM commended the

political leaders and people of Nigeria for their strong commitment to

upholding democratic principles in the face of notable security, political and

technical challenges. The AUEOM further commended the INEC for the

measures it took to enhance the integrity and credibility of the electoral

process. The AUEOM also appreciated the role played by the security

agencies for ensuring that the election environment remained generally

peaceful.

The AUEOM made the following recommendations for improvement of future

electoral processes in Nigeria:

The Government to sustain efforts to ensure that electoral security is

guaranteed at all times.

The Government to ensure that funds for electoral programmes and

operations are released in good time to INEC. It was observed that the main

challenge faced by INEC with the printing and distribution of the PVCs was

due to the late disbursement of funds from the Government.

The INEC to improve on the overall planning and implementation of electoral

operations, in particular, to consider reviewing the voter registration

Page | 11

methodology in order to enhance the issuance of PVCs as well as reviewing

election day procedures to make them less cumbersome in future.

INEC to allocate ample time for testing of biometric technology and ensure

adequate preparation for unforeseeable technical challenges during polling.

The National Assembly (Parliament) to look into the pending legal reforms in

order to improve the legal framework governing elections in Nigeria.

Political Parties to undertake measures to enhance participation of women in

the electoral process. Parties should also undertake measures to improve

monitoring of elections.


I. INTRODUCTION

1. At the invitation of the Independent National Electoral Commission (INEC) of

Nigeria and the Government of the Federal Republic of Nigeria, the Chairperson

of the African Union Commission, Her Excellency Dr. Nkosazana Dlamini-Zuma,

authorised the deployment of an African Union Long-Term and Short-Term

Election Observation Mission (AUEOM) to the 28 March 2015 Presidential and

National Assembly and 11 April 2015 Gubernatorial and State Assembly

elections in the Federal Republic of Nigeria.

2. His Excellency, Professor Amos, former Interim President of the Republic of

Liberia headed the AUEOM, and was deputised by Professor Ibrahima Fall,

former Foreign Minister of the Republic of Senegal. Her Excellency Dr. Aisha

Laraba Abdullahi, Commissioner for Political Affairs of the African Union

Commission, also supported the AUEOM.

3. The AUEOM comprised 84 long-term and short-term observers drawn from

various African countries representing the African Union Permanent

Representatives' Committee (PRC), the Pan-African Parliament (PAP), African

Election Management Bodies (EMB), Civil Society Organisations (CSOs) and

independent elections experts from several African countries3.

4. The AUEOM derives its mandate to observe the 2015 elections in Nigeria from

relevant provisions of African Union democracy and governance instruments,

including the African Charter on Democracy, Elections and Governance

(ACDEG) which came into force on 15 February 2012; the AU/OAU Declaration

on the Principles Governing Democratic Elections in Africa (AHG/Decl. 1

(XXXVIII); the African Union Guidelines for Election Observation and Monitoring

Missions - both adopted by the Assembly of the African Union Heads of State in

July 2002; and the African Peer Review Mechanism (APRM) Process. The

AUEOM‟s mandate is further strengthened by other relevant regional and

international benchmarks for election observation, such as the 2001 Economic

Community of West African States (ECOWAS) Protocol on Democracy and Good

Governance; the Declaration of Principles for International Election Observation

and its accompanying Code of Conduct which the AU endorsed in 2005; and the

national legal framework governing the conduct of elections in Nigeria.

5. This report presents the AUEOM‟s overall and final assessment of the 2015

electoral process in Nigeria, and comprises details of the Mission‟s observations,

findings and recommendations. The AUEOM‟s assessment of the elections is

3. Botswana, Chad, Congo Democratic Republic, Cote d‟Ivoire Cameroon, Egypt, Ethiopia, Gambia,

Guinea, Ghana, Kenya, Liberia, Malawi, Sierra Leone, South Africa, Saharawi Arab Democratic Republic,Uganda, Zambia, Zimbabwe.

Page | 13

based on the principles and standards for the conduct of democratic, credible and

transparent elections as enshrined in the aforementioned AU instruments.


II. OBJECTIVE AND METHODOLOGY

(a) Objective

6. The objectives of the AUEOM were:

to provide an accurate and impartial reporting or assessment of the quality

of the 28 March 2015 Presidential and National Assembly and 11 April

2015 Gubernatorial and State Assembly elections in Nigeria, including the

degree to which the conduct of the elections meets regional, continental

and international standards for democratic elections;

based on findings, offer recommendations for improvement of future

elections; and

to demonstrate AU‟s interest in and support for Nigeria‟s elections and

democratisation process to ensure that the conduct of genuine elections

contributes to the consolidation of democratic governance, peace and

stability in Nigeria in particular and the West African sub-region in general.

(b) Methodology

7. To achieve the above objectives, the AUEOM undertook the following activities:

I. Deployed a team of 14 Long-Term Observers (LTOs) from 30 January to

23 February and from 15 March to 15 April 2015, to cover the Federal

Capital Territory (Abuja and its environs) and five4 of the six geopolitical

regions in Nigeria. The LTO teams observed key pre-election activities and

processes, including election campaigns, training of election personnel,

training of citizen observers and distribution of Permanent Voter Cards and

polling materials. They also interacted with key stakeholders including

political parties, civil society organisations, security agencies, and INEC to

ascertain among others, the preparations and the political and security

context of the elections.

II. Deployed a team of 70 Short-Term Observers (STOs) from 22 March 2015

to 31 March 2015, to augment the work of the LTOs on Election Day and

immediate post-Election Day. The STOs underwent a 3-day training on AU

observation methodology and received briefings from several election

4 South East, South South, South West, North West and North Central regions. The North East region

was not covered due to the deteriorating security situation at the time (See Annexure 1 for deployment plan).

Page | 15

stakeholders in Nigeria5. Following the conclusion of the training and

briefing program, the STOs were deployed on 26 March 2015 to cover 20

states in the five regions and the Federal Capital Territory (FCT)6. To fast-

track data collection and analysis of Election Day findings by the Core

Team, the STOs were given hand-held computer tablets, which they used

to collect and transmit observation data in real-time. While in their areas of

deployment, observers also consulted with local stakeholders, including

INEC‟s Resident Elections Commissioners, National Peace Committee

(NPC), the Police and other relevant stakeholders to assess their

preparedness for the elections and the local political and security context

within which the elections would take place.

III. On Election Day, AU observer teams (composing LTOs and STOs) visited

319 polling units comprising 69% urban and 31% rural areas where they

observed the accreditation, voting and counting processes. They also

observed 2% of polling units for Internally Displaced Persons (IDPs),

which were located in camps.

IV. The STOs were withdrawn immediately after the 28 March 2015 polls. But

the LTO teams continued to observe the post-electoral developments,

including results collation and announcement and dispute resolution

process. The LTOs also observed the subsequent gubernatorial and state

assembly elections on 11 April 2015, although in few selected polling

stations in their areas of deployment, including in Lagos, Enugu, Ibadan

and Rivers states.

V. The leadership of the AUEOM held high-level consultations with key

election stakeholders, including the President of the Federal Republic of

Nigeria, main opposition presidential candidates, the Minister of Foreign

Affairs, the Chief Justice, the Inspector General of Police, the Independent

National Electoral Commission, leaders of political parties, civil society

organisations, representatives of regional and international organisations

and diplomatic corps present in Nigeria. The high-level consultations held

before, during and after Election Day, formed part of the preventive

diplomacy strategy of the Mission to reduce tensions and promote

transparent, credible and peaceful elections.

5 See Annexure 2 for STO orientation and briefing program.

6 These include Abuja and its environs, Enugu, Ebonyi, Anambra, Imo, Abia, Rivers, Delta, Lagos,

Oyo, Bayelsa, Cross River, Ogun, Kaduna, Kano, Katsina, Niger, Kwara, Nasawara, Plateau, and Jigawa


III. PRE-ELECTION FINDINGS

(a) Political Context of the 2015 Elections

8. The 2015 general elections were the fifth, consecutive democratic elections held

in Nigeria. The elections presented an important step towards consolidation of

democracy in the country since its return to civilian rule in 1999. It was also the

first elections that a civilian president was succeeded by a candidate from the

opposition. Since 1999, all presidents of Nigeria have come from the People‟s

Democratic Party (PDP).

9. While the PDP has ruled Nigeria since 1999, the succession dispute following

the death of President Umaru Yar‟Adua in 2010 seems to have contributed to the

party‟s loss in the 2015 presidential election. Following the death of President

Yar‟Adua, President Jonathan who was then the Vice President took over the

reins of power. He subsequently won the 2011 election on the ticket of the PDP.

However, his succession and subsequent contest of the 2011 and 2015

presidential elections was reported to have violated an unwritten agreement

within the PDP, which calls for rotation of the party leadership to the three

geopolitical regions of Nigeria – North, South and West/ South West. According

to this agreement, a Northerner was supposed to have succeeded President

Yar‟Adua in 2010. But because of a Federal Constitutional requirement that, in

the case of a vacancy in the office of the President, the Vice President will

automatically become President.

10. Having succeeded President Yar‟Adua in 2010, President Jonathan was reported

to have promised not to contest in the 2011 election. This promised seemed to

have had calming effect on the northern politicians in particular. However, his

decision to contest not only the 2011 but also the 2015 elections created

discontentment among key northern politicians and some PDP party leaders

,including former President Obasanjo, which resulted in the defection of many

party members to the opposition party, the All Progressive Congress (APC).

11. The emergence of the APC party in 2013 reconfigured the contest for the 2015

elections. In February 2013, and for the first time in Nigeria‟s electoral history,

four opposition parties came together in a merger to form the APC, which

became the main opposition party since its emergence. This merger and the

nomination of General Muhammadu Buhari, a northerner who had contested

previous elections made the 2015 elections to be perceived as the most

competitive in the electoral history of the country.

12. The pre-election environment was characterised by security concerns,

particularly in the northeast part of the country. There were uncertainties on the

Page | 17

legal challenges regarding the eligibility of some presidential candidates, in

particular, incumbent President Goodluck Jonathan of PDP and opposition

candidate General Muhammadu Buhari of the APC. Other challenges were

associated with the introduction and distribution of the Permanent Voter Cards

(PVCs) as well as the testing of Smart Card Readers (SCRs). All these

contributed to the heightening of the already tense political environment.

13. The elections were initially scheduled to take place on 14 and 28 February 2015

but were later postponed to 28 March and 11 April 2015, respectively. The

postponement was made on the grounds of inadequate security personnel to

guarantee, in particular, the protection of over 700,000 election officers, electoral

materials, polling units, as well as voters. An indirect positive effect of the

postponement was that it gave INEC some time to adequately prepare for the

polls, especially the printing and distribution of PVCs, which was at 66.8% on the

day the polls were officially postponed.

14. It is important to note that the postponement of the polls from the initial date did

not violate the constitutional time limits for holding the 2015 elections. Article 133

(2) of the Constitution states that “elections can be held at a date not earlier than

sixty days and not later than thirty days before the expiration of the term of office

of the last holder of that office”.

15. Whilst the political atmosphere preceding the initial dates of the elections was

characterised by tensions and incidence of violence in a number of States, the

AUEOM noted that the environment in the run-up to the 28 March polls was

relatively peaceful, despite the uneasiness surrounding the postponement of the

poll itself. The AUEOM appreciated the leadership demonstrated by the

candidates to commit themselves to a peaceful electoral process. This was

manifested through the signing of a Peace Accord on 14 January 2015 by all the

14 presidential candidates, and subsequently through a Joint Statement by

President Jonathan and General Buhari issued on 26 March 2015, re-

emphasising their commitment to peaceful elections.

16. While Nigeria has had a chequered history of disputed elections, the

management of the 2011 elections restored some confidence in electoral

processes. The 2015 elections were therefore approached with high expectations

by Nigerians. The AUEOM noted that the general context for the 2015 elections

was largely conducive as it allowed genuine political competition.

(b) Constitutional and Legal Framework

17. The 2015 elections in Nigeria were conducted within the framework of the 1999

Constitution (as amended) and the Electoral Act of 2010 (as amended). In line

with the OAU/AU Declaration on Principles Governing Democratic Elections in


Africa, the Constitution provides for fundamental political and civil rights and

freedom for citizens including freedom of assembly, association, and the right to

participation.7 The Constitution further provides for the holding of regular

elections through direct universal adult suffrage, hence adhering to the universal

principle that sovereignty belongs to the people who select their leaders and

representatives and hold them accountable through the ballot box.

18. According to the legal framework, INEC is the mandated institution to organise

and supervise Federal and States elections. The Constitution provides INEC with

guarantees of independence and requires that it maintains impartiality in the

discharge of its responsibilities.

19. The Constitution also provides for separation of powers of the three arms of

Government, namely: the Executive, Judiciary and the National Assembly. The

separation of powers principle in the Constitution provides for institutional checks

and balances, which is critical in ensuring undue leverage of the electoral

process in Nigeria.

20. Both the 1999 Constitution and the 2010 Electoral Act provide for an election

dispute management system, which is vested in the Judiciary. This is in line with

the OAU/AU principles of democratic elections.8

21. Based on its overall assessment of the legal framework for elections in Nigeria,

the AUEOM noted that it was largely adequate, as it embodies fundamental

elements that form good basis for the conduct of democratic elections. However,

a significant gap in the legal framework was its failure to give the right to vote to

the millions of Nigerians living in the diaspora. Given the size of its diaspora

population9, Nigeria‟s democratic credential would be further strengthened if

opportunity is given to this significant constituent.

(c) Electoral System

22. Nigeria uses the First-Past-The-Post electoral system for all elective positions,

except the election of president. The President is elected through a majoritarian,

two-round system and for a term of four years, renewable only once. For a

candidate to be declared winner in the first round, he or she must obtain a

majority vote of 50% +1 of valid votes cast, and at least 25% of the votes cast at

the election in two-thirds of all the 36 States in the Federation and the Federal

7 Chapter 4 of the Constitution.

8 In Article 3(c) of the OAU/AU Declaration on the Principles Governing Democratic Elections in Africa

Member States Governments committed to establish competent legal entities including effective constitutional courts to arbitrate in the event of disputes arising from the conduct of elections. 9 Although no accurate figure exists, Nigeria is known to have the largest African population living in

the diaspora.

Page | 19

Capital Territory (Abuja). Failure to attain this threshold, a run-off will be held

within seven days upon the final announcement of the election results by INEC.

The AUEOM noted that, in the event of a run-off, it would be operationally difficult

to conduct election within this timeframe10.

23. Nigeria operates a bicameral legislature, consisting of the Senate and the House

of Representatives. 3 senators represent each of the 36 States in the

Federation, and one represents the FCT, which brings the total number of

senators to 109. For purposes of allocating seats in the House of

Representatives, Nigeria is divided into 360 federal constituencies, each of which

is represented by one member in the House.

24. The AUEOM noted that, while Governors have a term limit of four years,

renewable only once, there is no term limit for members of the national and state

assemblies.

(d) Election Management

25. The INEC is constitutionally mandated to manage elections in Nigeria. Its

membership comprises a Chairperson, who is the Chief Electoral Commissioner,

and 12 Commissioners appointed by the President but subject to approval by the

Senate. As an institution, INEC is constitutionally independent in the discharge of

its functions. The Commission also enjoys financial independence as it is funded

through the Independent National Electoral Commission Fund. It also has the

power to exclusively determine the date of elections, thereby precluding undue

political influence in setting the date(s) for elections.

26. The 2015 elections were the first that the same members of the Commission

have managed two consecutive electoral processes11. The AUEOM noted that

this offered INEC the opportunity to engage in long-term planning and to improve

on the management of electoral process. Such continuity also permits the

nurturing of institutional memory, which is an important element for effective

management of elections.

27. INEC has a permanent Secretariat, which has structures at national and state

levels, and is primarily charge with the responsibility of managing all operational

and technical aspects of elections. At each State level and the FCT, there are

Resident Electoral Commissioners (RECs) appointed for a period of five years by

the President of the Republic. RECs may be removed due to misconduct or any

other reason, subject to two-thirds approval by the Senate.

10

The Chairman of the INEC in a public hearing organized by the House of Representatives, called for a number reforms including extending the period for run-run from 7 to at least 21 days. 11

2011 and 2015 electoral processes.


28. In order to fulfil its mandate of managing elections, INEC is also vested with the

following key functions and responsibilities, beside conducting elections at

national, state and local levels:

• Conduct referenda;

• Registration of political parties;

• Regulation and monitoring of party funding and campaign expenses;

• Conduct civic and voter education;

• Registration of voters and management of voters‟ roll; and

• Delimitation of constituency boundaries.

(e) Voter Registration

29. Nigeria administers a continuous voter registration process using biometric voter

registration system. The Electoral Act provides for registration of citizens at the

age of 18 years and above. In order to enhance the integrity of the voter register,

INEC introduced PVCs and SCRs for the 2015 electoral process, following broad-

based consultations with key electoral stakeholders including political parties. In

order to ensure that eligible voters are included in the voter register, INEC

updated the register used in the 2011 elections. The AUEOM noted that efforts

were also taken by the Commission to enfranchise Internally Displaced Persons

in camps located in various parts of the country.

30. The AUEOM also noted that the distribution of PVCs posed a major operational

challenge in the voter registration process, and in the run up to the elections. The

issuance of PVC is a two-stepped process where voters were issued with

temporary voter cards and returned later to collect their PVCs. Efforts were made

by INEC to step-up the distribution of PVCs, including collaborating with local

government authorities. Out of a total of 68,833,476 registered voters, at least

81.98 % of voters had collected their PVCs on the eve of the polls.

31. AUEOM commends efforts by INEC to ensure that Nigeria has a credible voters‟

register through the introduction and use of biometric registration technologies. A

critical review of the voters‟ register has shown that the introduction of the

biometric registration and PVCs allowed the INEC to detect and remove

duplications and multiple registrations totalling 15,718,756, being 14.8% of

registered voters before the commencement of the continuous voter registration

process. Furthermore, over 1.2 million voters were removed from the register,

being 11% of voter registered under the continuous voter registration. The

AUEOM noted that measures taken by INEC tangibly contributed to improving

the accuracy and overall quality of the voter register.

Page | 21

(f) Political Party and Candidate Registration

32. Both the Constitution and the Electoral Act mandate INEC to register and de-

register political parties and candidates based on the eligibility criteria. There are

28 registered political parties in Nigeria, all of which participated in the 2015

elections. For an individual to contest for any elective position, he or she must be

a member of a political party and sponsored by that party. The law does not

provide for independent candidatures. Both the Constitution and the Electoral Act

outline the qualification and eligibility criteria for the various elective positions

including the office of the president, governor, national and state assemblies.

Below is a list of registered political parties that contested the 2015 general

elections.

Table 1: List of Registered Political Parties

Name of Political Party ACRONYM

Accord A

Action Alliance AA

Advance Congress for Democrats ACD

Allied Congress Party of Nigeria ACPN

Alliance for Democracy AD

African Democratic Congress ADC

African Peoples Alliance APA

All Progressive Congress APC

All Progressives Grand Alliance APGA

Citizens Popular Party CPP

Democratic Peoples‟ Party DPP

Fresh Democratic Party FRESH

Hope Democratic Party HOPE

Independent Democrats ID

Kowa Party KP

Labour Party LP

Mega Progressive People Party MPPP

National Conscience Party NCP

New Nigerian Peoples Party NNPP

Peoples for Democratic Change PDC

Peoples for Democratic Movement PDM

Peoples Democratic Party PDP

Progressive Peoples Alliance PPA

Peoples Party of Nigeria PPN

Social Democratic Party SDP

United Democratic Party UDP

Unity Party of Nigeria UPN

United Progressive Party UPP

Source: INEC website: www.inecnigeria.org

http://www.inecnigeria.org/


33. In selecting candidates for presidential election, political parties are required to

conduct primaries across the 36 states of the federation and the FCT. The

aspirant with the most votes from the 36 states and the FCT becomes the

nominated candidate of the party. Candidates for gubernatorial elections are

nominated after a Special Congress in the local government areas of the state

and the aspirant with the highest votes is considered the winner. In the case of

Senatorial, National and State Assemblies, Special Congresses at the district

level elect candidates.

34. Political party primaries took place from 2 October to 11 November 2014. By law,

INEC was required to publish the final list of candidates by 13 January 2015 for

Presidential and National Assembly and 27 January 2015 for Gubernatorial and

State House of Assembly, being 30 days before an election12. There were a total

of 14 parties that contested for presidential elections.

35. The AUEOM noted that all political parties held congresses to elect candidates

for the various positions in line with the provisions of the Electoral Act. The

AUEOM also noted that whilst the provisions of the Act are generally satisfactory,

further reforms might be required in order to improve the framework for

management of elections. For instance, whilst the Electoral Act13 makes provision

for the INEC to monitor party primaries, the Commission lacks the authority to

reject nominations submitted by political parties14.

Table 2: List of Presidential Candidates and Running Mates for the 2015

Elections

Name of candidate Office Party Gender Age Qualification

1 Jci Sen. Tunde Anifowose-Kelani

President AA Male BED

Comrade Ishaka Paul Ofemile

Vice President AA Male HND

2 Rafiu Salau President AD Male 58 SSCE

Akuchie Clinton Cliff Vice President AD Male 64 B.SC

3 Alh. Ganiyu O. Galadima

President ACPN Male HND

Ojengbede Oluremi Farida

Vice President ACPN Female PGD

4 Dr. Mani Ibrahim Ahmad

President ADC Male PHD

Obianuju Murphy- Vice President ADC Male PHD

12

Section 34 of the Electoral Act 2010 (as amended). 13

Section 87 of the Electoral Act 2010 (as amended). 14

Section 31 of the Electoral Act 2010 (as amended).

Page | 23

Uzohue

5 Ayeni Musa Adebayo President APA Male B.SC (HONS)

Anthony Faith Ologbosere

Vice President APA Female 45 B.SC

6 Muhammadu Buhari President APC Male WASC

Yemi Osinbajo Vice President APC Male LLB, BL

7 Chief Sam Eke President CPP Male 44 PHD

Hassana Hassan Vice President CPP Female 46 NURSING CERT & MIDWIFERY

8 High Chief Ambrose N. Albert Owuru

President HOPE Male LLB, BL, PGD

Alhaji Haruna Yahaya Shaba

Vice President HOPE Male HND

9 Comfort Oluremi Sonaiya

President KOWA Female PH.D

Alh. Seidu Bobboi Vice President KOWA Male B.A

10 Chief Martin Onovo President NCP Male MSC

Ibrahim Mohammed Vice President NCP Male HND

11 Goodluck Ebele Jonathan

President PDP Male PHD (ZOOLOGY)

Arc. Mohammed Namadi Sambo

Vice President PDP Male M.SC (ARCH)

12 Allagoa Kelvin Chinedu

President PPN Male 46 B.SC

Arabamhen Mary Vice President PPN Female 35 SSCE

13 Godson Mgbodile Ohaenyem Okoye

President UDP Male LLB, BL

Haruna Adamu Vice President UDP Male NCE

14 Chief (Dr.) Chekwas Okorie

President UPP Male PHD

Barr. Bello Umar Vice President UPP Male BA

Source: INEC website: www.inecnigeria.org

(g) Electoral Campaign and Campaign Finance

36. An effective system of regulation of party and campaign finance requires a

process that includes disclosure, limits on expenditure, and monitoring of

campaign and party finance. The INEC is entrusted with the responsibility of

regulating campaign finance by political parties and candidates. Therefore, all

political parties are supposed to submit their detailed expenditure within six

months after an election.

37. While state funding for political parties‟ campaign activities does not exist,

regulation of private funding sources and ceiling of campaign expenditure is

provided for in the Electoral Act. For instance, the Act prohibits foreign funding of

http://www.inecnigeria.org/


political parties. The AUEOM noted that, whilst INEC issued parties with Political

Party Finance Tracking Forms to track campaign expenditure, it was difficult to

ascertain the accuracy of what the parties submit.

38. According to the Electoral Act, official campaign period must start 90 days before

and 24 hours to Election Day. The Act also includes specific provision that

governs political party campaign activities.15 The official commencement of

election campaign for the 2015 elections begun on 16 November 2014 and

ended on 26 March 2015 for the Presidential and National Assembly Elections,

instead of 12 and 26 February 2015, due to the postponement. For the

Gubernatorial and State Assembly Elections, campaign ends on 9 April. AUEOM

commended the parties and candidates for largely respecting the law and

desisting from any campaigns activities during the 24-hour period before the

polls. The AUEOM, however, noted that some media houses continued to publish

sponsored political messages of both the APC and the PDP even after the 24-

hour deadline.16

39. Out of the 14 Political Parties that contested the presidential elections, only two,

the APC and the PDP, were seen conducting active campaigns throughout the

country. The other parties were rarely known beyond television and radio

debates. Some of these parties and the other 14 parties that did not contest the

presidential elections were, however, active in a limited number of states.

40. The AUEOM noted that although the political environment leading up to the 28

March Presidential and National Assembly Elections was generally calm and

peaceful, there were isolated incidences of campaign-related violence in a

number of states, including Rivers State, where there was reported shooting

incident during an APC presidential rally.

41. The AUEOM also noted that the Political Parties Code of Conduct (2013)

regulates campaign activities of the political parties and candidates. All registered

political parties for the 2015 elections signed and agreed to abide by the

provisions of the Code of Conduct. While the Code of Conduct clearly prohibits

the use of violent and inflammatory language during political campaigns, the

AUEOM noted that, this notwithstanding, candidates and supporters of political

parties used inflammatory and violent language during campaign activities. The

AUEOM further noted that the Inter-Party Advisory Council (IPAC), which is

mandated by the Political Parties Code of Conduct to monitor and regulate

15

Sections 99 and 100 of the Electoral Act, 2010 (as amended). 16

Liberty TV, Liberty FM, Karama FM, Alheri FM, NTA, AIT, Rima Radio, STV Lagos, TVC Lagos, NTV, PRTV, NTA Jos, Vision FM, Nigeria Info, Gombe Media Corporation Radio FM, BECOS TV and Freedom TV Ilesha.

Page | 25

parties‟ conduct and to sanction offenders of the Code, did not seem to have the

capacity to deal with violations of the code.

(h) Participation of Women and Youth

42. Active and equal participation of women, youth and civil society organisations in

the electoral process is critical for the deepening of democracy and human rights.

Recognising this fact, the Nigerian Constitution provides for equality of men and

women17.

43. The AUEOM noted that, despite the existence of this constitutional provision in

support of gender equality, there is no other legal provision specifically mandating

political parties to ensure gender equality when nominating candidates for various

elective positions. Thus, out of 14 political parties contesting for the presidency,

only one – Kowa party – had a female presidential candidate. There were

however four female vice presidential candidates from the ACPN, the APA, the

CPP and the PPN parties, although these were considered minor parties with

little chance of winning a presidential election.

44. The Mission welcomed the development of a Gender Policy by INEC. The Policy

encourages parties to ensure gender equity and balance, especially in the

identification of candidates. It equally requires political party‟s constitutions to

have clear provisions that promote gender equality. The Mission is of the firm

belief that once operationalised, the policy will help facilitate women‟s

participation in electoral processes and accessing leadership in public

institutions.

45. The AUEOM also took cognisance of the initiatives taken by women in Nigeria to

actively participate in the electoral process. In particular, the Mission commends

the Women‟s Situation Room, which continuously assessed the electoral process

from a gender perspective.

46. The AUEOM also took cognisance of the formal role accorded to youth in the

electoral process through involvement of the National Youth Service Corps in

polling operations. Other youth organisations were also actively involved in

observing the electoral process as well as partnering with INEC in voter

education initiatives. This helped to bring a youth perspective into the

management of the electoral process.

17

Article 17 (2) of the Constitution provides that “every citizen shall have equality of rights, obligations and opportunities by the law”.


(i) Civic and Voter Education

47. According to the Electoral Act, INEC is mandated to conduct voter education.

The AUEOM noted the initiatives undertaken by INEC to ensure that voters were

well informed about the electoral process. For instance, through partnering with

various stakeholders in the implementation of civic and voter education, INEC

demonstrated it resolve to ensure that voters are continuously and adequately

educated about the electoral process. INEC‟s close collaboration with the

National Orientation Agency (NOA), CSOs and political parties ensured that

information about the electoral process was accessible to all citizens, including

IDPs. Also of noteworthy were measures taken to adapt materials and messages

to ensure that they are gender sensitive and user-friendly for people living with

disabilities, which included „sign‟ language translations in televised voter

information programmes.

(j) Role of Civil Society Organisations

48. The AUEOM noted the existence of a vibrant civil society that played various

roles in the electoral process, including voter education, election observation,

youth sensitisation, parallel vote tabulation, as well as support to electoral

security through training of police officers to provide effective security for the

elections.

49. The AUEOM commended the efforts of the civil society Situation Room in

providing political analysis updates throughout the election period, in particular,

the initiative of providing real-time communication and information on the polling

process on Election Day.

50. The Mission also applauded the effort of INEC in accrediting a large number of

citizen observer groups for the 2015 General Elections. A total of 82 citizen

observer groups were accredited. This enabled them to monitor the electoral

process throughout and contributed to its overall transparency.

51. The AUEOM further commended the efforts and role played by other

stakeholders, especially the National Peace Committee (NPC), in promoting and

ensuring peaceful elections. Led by General Abdulsalami Abubakar (Rtd), the

Committee was instrumental in facilitating the Abuja Peace Accord, which was

signed by the major political contenders. Among other things, the Accord

committed political parties and their supporters to avoid actions that could cause

violence during and after the elections.

Page | 27

(k) The Role of the Media

52. Media freedom is essential in the promotion and safeguard of political and civil

liberties of citizens. The Electoral Act, the Nigeria Broadcasting Code, and the

National Broadcasting Act regulate Media involvement in the electoral process in

Nigeria. The AUEOM noted that the media environment for the 2015 elections

was generally vibrant and characterised by intense debates on electoral and

governance issues in various platforms, including television, radio, print and

social media.

53. The AUEOM also noted the existence of extensive media coverage of the

election campaigns on electronic and print media by both public and private

media houses. It, however, noted the widespread use of various media outlets,

mainly by the APC and the PDP parties, compared to the other political parties.

54. Article 100 (2) of the Nigerian Election Law mandates public media, both

electronic and print, to allocate media time equally among the political parties and

candidates, at the same time. It also prohibits the misuse of state apparatuses,

including the media, by any political party or candidate. While the public media is

required to allocate equal airtime for campaign for parties and candidates,

however, the AUEOM noted that parties and candidates were required to pay for

airtime when using public media. This may have constrained the accessibility of

the public media to interested parties and candidates.

55. The AUEOM appreciated the active role played by the media during the election

period. In particular, the AUEOM commended the efforts by the Nigerian Election

Debate Group (NEDG) in organising the Presidential debate ahead of the

elections. The debate accorded citizens the opportunity to know and interrogate

the manifestos of the various political parties and candidates. The media also

played a commendable role in voter education through their various election

awareness programmes.

56. The AUEOM, however, noted the regulatory frameworks notwithstanding, the

media in the country sometimes exhibited bias in their coverage of political

campaigns. Whilst the public media houses gave more airtime to campaign

activities of the ruling PDP, the private media houses also gave access and more

airtime to Political parties and candidates depending on where they are

operating. Media houses in the Southern part of the country tend to concentrate

on the activities of the PDP, whilst those in the North gave more airtime to the

APC. The AUEOM notes that the NBC, after the 28 elections, published the list of

media houses that breached the media code of conduct regulating political


broadcast including broadcasting of political messages after the close of

campaigns 24 hours to election date.18

(l) Preparedness of INEC

57. The AUEOM notes that preparation for the 2015 elections took place within a

context of uncertainties, including pending electoral reforms, security and logistic

challenges, which impacted on the overall preparedness of INEC. For instance,

the production and distribution of the PVCs was among the key challenges faced

by INEC in its electoral preparations. The AUEOM noted that up to the day of

postponement of the elections on 7 February 2015, only 66.8% of PVCs had

been distributed. Thus, had the elections been conducted as originally planned, a

significant number of registered voters would have been disenfranchised. This

situation would have led to chaos and/or violence given the high stakes

surrounding the 2015 elections.

58. In order to ensure optimal performance of the SCRs on polling day, INEC

conducted a pilot testing on 7 March 2015 in two Local Government Areas in

each of the six geopolitical zones of Nigeria. The outcome showed that all of the

PVCs were authenticated. However, about 59% did not authenticate the

fingerprints.

59. The Commission also recruited and trained polling personnel and engaged in

distributing electoral materials. Stakeholders including political parties that

interacted with the AU observers generally expressed satisfaction on the

openness and transparency with which the INEC undertook its operations.

60. The AUEOM also noted that INEC established over 8,800 camping centres

across the country to ensure polling personnel are able to arrive at their

designated polling units on time for the polling operations. This was a corrective

measure undertaken following past experiences.

61. The Mission noted further the efforts made by INEC to improve its operational

effectiveness in the Gubernatorial and State Assembly election. This was based

on lesson learnt from logistical challenges experienced during the 28 March 2015

presidential and National Assembly elections.

18. A statement signed by the National Broadcasting Commission‟s Director/Head, Public

Affairs, Alhaji Awwalu Salihu - See more at: http://www.nbc.gov.ng/highlight.php?id=170

(Accessed April 2, 2015).

Page | 29

IV. ELECTION DAY FINDINGS – PRESIDENTIAL AND NATIONAL

ASSEMBLY ELECTIONS

62. The polling process commenced with the accreditation of voters, which began at

8am and ended at 1pm. The process entails authentication of PVCs and

fingerprints and verification in the voter register. In the polling units visited by AU

observers, 23% opened on time and 77% opened late. Out of those that opened

late, 57% opened beyond an hour, mainly due to the late arrival of polling

personnel and election materials. In most polling units visited by AU observers,

long queues of voters were observed waiting patiently to be accredited.

63. The process of authenticating voters was deemed challenging. In all polling units

witnessed by AU observers, only 42% did not report problems in authenticating

PVCs and finger prints of voters. However, in cases that experienced difficulties,

INEC provided backup measures that ensure voters were still accredited. In

polling stations where accreditation was not possible due to serious

malfunctioning of the SCRs, problems experienced, voting was extended to 29

March 201519.

64. The two-step polling process whereby voters had to be accredited first and then

waited to cast their ballots was cumbersome and, in some cases, made it difficult

for accredited voters to cast their ballots, especially those who got accredited in

the early period of the opening of polls. Some voters may have been discouraged

from voting because they had to wait for long hours after accreditation before

casting their votes. Indeed, the AUEOM findings show that over two million three

hundred and thirteen thousand four hundred and seven (2,313,407) voters who

had been accredited did not cast their votes, being an average of 7% per state.

The situation was further compounded by the banning of vehicular movement on

Election Day, which limited the movement of voters. Thus, the level of

participation in the polls was generally low; only 43.65% of voters turned out for

the polls.

65. While crowd control was a challenge in a number of polling units observed,

overall, the AUEOM notes that the polling process was generally peaceful, with

only a few, isolated incidences of violence reported in Bayelsa and Enugu States.

The Mission therefore commended the security agencies for ensuring a peaceful

atmosphere throughout Election Day.

66. The opening of the voting process took place at varying times depending on the

time of closure of the accreditation process, which ranged from 1.30pm to

2.30pm. The AUEOM noted that sufficient election materials were available

19

Voting was extended to 29 March in 350 polling units where the accreditation was not possible due to malfunctioning of the SCRs


during the opening in 88% of polling units witnessed by AU observers. The INEC

took measures to supply election materials where they were not available.

67. The voting process closed after the last accredited voter cast his or her ballot in

all polling units observed. Counting of ballots proceeded smoothly in most polling

units witnessed by AU observers. It was also observed that results were posted

at the polling units and copies given to party agents. The AUEOM, however,

noted that polling personnel in some polling units did not adhere to counting

procedures, which led to cancellation of results in some polling stations.

68. In most polling units observed by AU observers, polling personnel managed the

process in a professional manner, amidst operational challenges, such as failure

of the Smart Card Readers. Whilst polling personnel generally adhered to

election procedures, there were some instances where they did not follow the

procedures. For instance, in some polling units witnessed by AU observers,

polling personnel recorded names on plain papers rather than the duly

recognised incident reporting forms for voters who were not authenticated by the

Smart Card Readers.

69. The AUEOM noted the active participation of women in the polling process in

various capacities. In all polling units visited, 38.9% of polling personnel and

39.5% citizen observers were women. The AUEOM noted, however, that only

18% of party agents in polling units visited were women.

70. The accreditation, voting and counting processes were generally transparent and

took place in the presence of international and citizen observers as well as

political party agents. The location of polling units in open spaces naturally

opened the process to scrutiny by voters throughout the day. The AUEOM noted,

however, that some polling stations were not well represented by political parties

and citizen observers, thereby diminishing their ability to effectively monitor the

voting process.

Page | 31

V. POST-ELECTION DEVELOMENTS AND FINDINGS OF THE

PRESIDENTIAL AND NATIONAL ASSEMBLY ELECTIONS

(a) The Result Management and Tallying Process

71. The Election Act outlines the various stages for managing and transmitting the

results of the elections - from the Polling Unit to the Local Government Area

(LGA) to the State and Federal level for presidential election. The results

management follows a 19-step process outlined in the INEC procedures and

guidelines.20 AU Observers witnessed the results collation process at all levels

and noted that collation center staff generally adhered to the procedures set out

in INEC guidelines, except in few cases where results were cancelled due to

procedural violations. The AUEOM found the results collation process was

generally transparent.

72. INEC officially announced the presidential results on 1 April 2015 at the National

Collation Centre. According to the results announced, the opposition APC

candidate, General Muhammadu Buhari, who gained a total of 15,424,921 valid

votes cast, was declared the winner of the presidential elections. His PDP

opponent, the incumbent President Goodluck Jonathan gained 12,853,162 votes.

Tables 5 and 6 below show the results of the Presidential and National Assembly

elections as announced by INEC.

Table 5: Results of the Presidential Election

Results for 2015 Presidential General Elections

CANDIDATE GENDER PARTY VOTES REMARK

Muhammadu Buhari M APC 15,424,91 Elected

Goodluck Ebele Jonathan M PDP 12,853,12

Ayeni Musa Adebayo M APA 53,537

Alh. Ganiyu O. Galadima M ACPN 40,311

Chief Sam Eke M CPP 36,300

Rafiu Salau M AD 30,673

Dr. Mani Ibrahim Ahmad M ADC 29,666

Allagoa Kelvin Chinedu M PPN 24,475

Chief Martin Onovo M NCP 24,455

Jci Sen. Tunde Anifowose-Kelani

M AA 22,125

Chief (Dr.) Chekwas Okorie M UPP 18,220

Comfort Oluremi Sonaiya F KOWA 13,076

Godson Mgbodile Ohaenyem Okoye

M UDP 9,208

20

Section 73 of the Electoral Act 2010 (as amended); INEC Approved Guidelines for the Conduct of the 2015 General Elections (pg. 11)


High Chief Ambrose N. Albert Owuru

M HOPE 7,435

No. of Valid Votes 28,587,564

No. of Rejected Votes 844,519

No. of Votes Cast 29,432,083

No. of Accredited Voters 31,746,490

No. of Registered Voters 67,422,005

Table 6: Results of National Assembly

House of Representatives Results

Senate Results

Party Seats Party Seats

APC 214 APC 64

PDP 125

Others 10 PDP 45

TBD21 11 LP 1

Total 360 Total 109

(b) Complaints and Appeals

73. The Electoral Act makes provision for challenging elections once they are

officially announced only through the appropriate election tribunals set up for that

specific purpose.22 In the case of Presidential and Governorship elections, the

Court of Appeal and in any other election the election tribunals established under

the Constitution or by the Act. An election petition must be submitted within 21

days after the date of the official announcement of results of the elections. The

tribunal shall deliver its judgment within 180 days from the date of filing.

74. The AUEOM acknowledged that Election Tribunals were setup at the State High

Courts, and Tribunal Secretaries were designated to the states in accordance

with the provisions of the Electoral Act and the Constitution.

75. The AUEOM, however, noted that parties opted to seek redress for their

grievances through the INEC and the RECs. After the announcement of the 28

March and 11 April election results, Political Parties lodged a number of petitions

and complaints with INEC and the RECs. The petitions bordered on disputes

over election results as result of allegations of widespread rigging, ballot stuffing,

21

At the close of the mission these seats were yet to be determined. 22

Section 133 of the Electoral Act, 2010 (as amended).

Page | 33

ballot snatching and accusations that some staff of INEC colluded with parties

and candidates to rig the elections.

76. On 7 April 2015, leaders of 16 Political Parties submitted a petition to the INEC

demanding the suspension of some staff and RECs for misconduct during the 28

March presidential and national assembly elections. The AUEOM recognises

INEC‟s effort at investigating and dealing with staff who were found to have

breached the rules and regulation and professional code of conduct.


VI. FINDINGS OF THE GUBERNATORIAL AND STATE ASSEMBLY

ELECTIONS

77. The AUEOM noted that the political environment following the 28 March

Presidential and National Assembly Elections leading up to the 11 April

Gubernatorial and State Assembly Elections remained generally peaceful. The

AUEOM was informed about the concerns of the National Human Rights

Commission (NHRC) and other stakeholders on the possibility of post- election

violence in some states, notably Lagos, Rivers and Kaduna states. These

predictions were based on historical antecedents and the heated campaigns

between the two leading parties, the APC and the PDP, in such States. In 2011

over 1,000 people lost their lives after the general elections, with Kaduna State

having the highest casualties of at least 847 deaths. Other states such as Abia,

Ekiti, Niger, Nasarawa, Bauchi, Imo and Katsina were also identified as possible

flashpoints.

78. The period preceding the commencement of political campaigns all the political

parties came together and adopted a code of conduct to regulate the political

campaigns and the behaviour of political parties and candidates. Key among the

provisions of the code of conduct was the abhorrence of the use of hate speech

and inflammatory language on political platforms.23 The AUEOM, however, noted

that a number of political party functionaries, candidates and individuals engaged

in the use of violent and inflammatory language in the run-up to the state

assembly and gubernatorial elections.

Polling Day Findings

79. The AUEOM notes that on 11 April INEC staffs were generally on time for the

opening of the accreditation process in most Polling Units across the country. By

8:30am most polling units visited by the AUEOM LTOs had opened and

accreditation began. The AUEOM, however, notes that the SCRs in most Polling

Units faced the same challenges. In most polling units AUEOM LTOs visited, it

was observed that the Card Readers though performed well in reading the PVCs,

they failed in authenticating voters by reading the finger prints. In some Polling

Units, the AUEOM noted that the Card Readers malfunctioned and manual

verification had to be resorted to.

80. The AUEOM notes that voter turnout for the 11 April Gubernatorial and State

Assembly Elections was much lower than the Presidential and National Assembly

Elections. AUEOM observations indicated that voter fatigue was one of the

reasons for the low turnout. Most voters might have lost interest in the elections

23

Sections 2,6 and 3,7 of the Political Parties Code of Conduct 2013.

Page | 35

because their parties may not have performed well in the presidential and

national assembly elections.

81. The AUEOM also noted that the number of people who came for accreditation

and did not return to vote was quite high in all the elections observed – the

presidential, national assembly, gubernatorial and State assembly. It appeared

that voters could not wait around to cast their votes after the close of

accreditation.


VII. CONCLUSION AND RECOMMENDATIONS

(a) Conclusion

82. The 2015 elections constituted an important step in the consolidation of

democracy in Nigeria. The AUEOM commended the people of Nigeria for their

commitment to upholding democracy as demonstrated by their patience and civil

conduct despite the postponement of the elections. Amidst political and security

challenges, the AUEOM commended INEC for measures undertaken to enhance

the integrity and credibility of the electoral process. Despite operational

challenges, the transparency demonstrated by the INEC in the polling process as

well as the results management process was highly commendable. Equally

commendable were efforts by all candidates, who demonstrated leadership by

committing themselves to peaceful elections. The AUEOM also appreciated the

professionalism exhibited by the security agencies in providing unobtrusive

security measures for the elections throughout.

83. The AUEOM concluded that the 2015 elections were conducted in a generally

peaceful atmosphere within a framework that met continental and regional

principles of democratic elections.

(b) Recommendations

84. Based on the above findings, the AUEOM made the following recommendations

for the improvement of future electoral processes in Nigeria:

To the Government:

Sustain efforts to ensure that electoral security is guaranteed in future

processes. The election postponement from the initial date was notably

due to security concerns; and

Ensure that funds for electoral programmes and operations are released in

good time to INEC. One of the problems faced by INEC with the printing

and distribution of PVCs was the late release of funds from Government.

To INEC:

Consider reviewing Election Day procedures to render them less cumbersome

in future. Informed by a growing confidence on future electoral processes,

INEC may gradually consider merging the accreditation and voting processes

so that voters can proceed to cast their ballots immediately after they are

Page | 37

accredited or authenticated. This would ensure that voters spend less time at

polling units and it would also ensure that voters who are accredited would

cast their votes;

Allocate sufficient time for testing of technology to adequately prepare for

technical challenges that may emerge during polling process. The time used

for testing the Smart Card Readers was generally short, and was also done

too close to polling day. Future testing should be done several months in

advance, including in by-elections in order to adequately prepare for the

general elections. INEC should also take measures to ensure that staff are

adequately trained on the process and especially on the use of new

technologies before they are deployed to the field;

Consider reviewing the voter registration methodology in order to enhance the

issuance of PVCs. The two-step process of issuing PVCs should be merged

to a single process in which a voter is issued with PVC on the spot upon

registration. This will eliminate the operational challenge of distribution of

PVCs, as experienced in the 2015 elections;

Improve the overall planning, management and implementation of electoral

operations. INEC should improve on the logistical aspects of the planning and

operations as this was also noted as a problem in the 2011 electoral process.

The AUEOM also recommended that INEC sustained its initiatives in voter

education. This should include collaborative engagements with the youth,

women organisations and people living with disabilities and other

marginalised groups;

Assess factors that led to a generally low voter turnout in the elections and

explore remedial measures to enhance voter and civic education to increase

participation in future elections; and

Explore means to enhance the enfranchisement of electoral and security

personnel by putting in place mechanisms, such as special voting. This

facility may also be extended to party agents. During the polls, it was

observed that a number of electoral officers and security personnel who were

on various election duties on election day were disenfranchised.

To Parliament:

Give important consideration to legal reforms put before the National

Assembly in order to improve the legal framework governing elections in

Nigeria. A number of legal reforms contained in the draft electoral act


amendment bill 2014 should be pursued in order to improve the legal

framework of future elections. These include: increasing the lead-time for

conducting a run-off, and giving INEC more powers in determining the validity

of party nomination of candidates; and

Take important steps to address the disenfranchisement of Nigerians living

abroad through reform of the legal framework for elections. Noting the

operational implications this entails, the Parliament may consider gradual

application of this measure.

To Political Parties:

Enhance the participation of women in the electoral process. Political parties

should espouse the principle of equality based on gender as espoused by the

Constitution in order to guide the selection of candidates for various elective

posts, as well as in the leadership cadre of parties; and

Improve on monitoring of the electoral process. In order to increase the

transparency and openness of the electoral process at all levels, political

parties should invest in deployment of well trained and adequate personnel to

monitor election activities throughout the electoral cycle.

To Civil Society Organisations:

Continue to play their watchdog role in the democratic process in the country

and embark on sustained efforts aimed at further enhancing its roles in future

elections.

Page | 39

ANNEXURE 1: DEPLOYMENT PLAN

Team #

Name Nationality States City Transport

City of Arrival

1.

Mission Leadership Team Liberia

Abuja FCT

Abuja

N/A

- H.E. Amos Sawyer

- H.E. Ibrahim Fall Senegal

- HE Aisha Abdullahi AUC

- Ms. Shumbana Karume AUC

- Mr. Ibe Okechukwu AUC

- Mr. Ian Goredema (LTO) Zimbabwe

2. H.E M. P. J. Molefe Botswana Abuja FCT

Abuja Road N/A

H.E M.S. Jallow The Gambia

3. Mr. Andrews Atta-Asamoah Ghana

Abuja FCT

Abuja Road N/A

Dickson Zohn Gaye Liberia

4. Hon. Suilma Hay Enhamed Saleh

Saharawi Republic

Abuja FCT

Abuja Road N/A

Ms Vivian Ngoma Nalili Zambia

5. Raphael Asuliwonnu

Ghana

Abuja FCT

Abuja Road N/A

Hon Jacquiline Amongin Uganda

6. Nchimunya M. Silenga (LTO) Zambia Enugu

Enugu Flight Enugu

Mr. Utloile Silaigwana Zimbabwe

7. John Maphephe (LTO) Lesotho Ebonyi

Abakaliki Flight Enugu

Ms Nene Aissata Handa Diallo

Guinea

8. Ms. Vera Kwalar Muring Cameroon Anambra

Awka Flight Asaba

Hon. Mear Sirro Ethiopia

9. Mrs Thandi Nkovole Malawi Imo Owerri Flight Port Harcourt

Mr Joseph Muhumuza Uganda

10. Hon Peter Chingoma Malawi Abia Umuahia Flight Port Harcourt

Ms Rosemary Phiri Zambia

11. Mamadou Thiam (LTO) Guinea Rivers

Port Harcourt (Rivers)

Flight Port Harcourt

Mr Peter Murage Kenya

12. Dunstan Wafula Rudolf (LTO) Kenya

Bayelsa

Yenagua Flight Port Harcourt


Team #


City of Arrival

Mr. Fidelis Angachia Cameroon

13. Mr Amour Hafidh Zanzibar-Tanzania

Delta

Asaba Flight Asaba

Mrs Justine Mugabi Uganda

14. Mr Jack Zaba Zimbabwe Cross Rivers

Calaba Flight Uyo

Mrs Eisha Omar Mohamed Kenya

15. Moses Ndjarakana (LTO) Namibia Lagos

Lagos Flight Lagos

Mr Aleu Garang Aleu South Sudan

16. Dr Catherine Kamindo Kenya Lagos

Lagos Flight Lagos

Mr. Christian Mahillet Cote d‟Ivoire

17. Hon. Djidda Mahamat Chad Lagos Lagos Flight Lagos

Jaynet Kabila DR Congo

18. Karen Ogle (LTO) South Africa Ogun Abeokuta Flight Lagos

Mr Kemal Bedri Ethiopia

19. Hope-Mary Nsangi (LTO) Uganda Oyo Ibadan Flight Ibadan

Mr. Patson Chitopo Zimbabwe

20. Mr Daniel Yeboah Ghana Oyo Ibadan Flight Ibadan

Hon Abdou Sikieh Dirieh Djibouti

21. Leonard Lenna Sesa (LTO) Botswana Kaduna

Kaduna Road NIL

Dr. Ibrahim Abdullah Sierra Leone

22. Mr Ahmed Mohamed Farag Mohamed

Egypt

Kaduna

Kaduna Road NIL

Hon. Ahmed Nah Siniya Sarahawi Republic

23. Jespa Tichock Ajereboh (LTO)

Cameroon Kano

Kano Flight Kano

Mrs Gloria Angela Chingota Malawi

24. Ms Claudette Kalinda Rwanda Katsina

Katsina

Flight Kano

Mr Obby MiChibuluma Zambia

25. Dr Omer Ahmed Sudan Jigawa

Dutse

Flight Kano

Ms Victoria Abdula Ghana

26. Sulaiman Sesay(LTO) Sierra Leone

Niger

Minna (Niger)

Road NIL

Ms Angella Ngwalo Malawi

27. Elijah Rubvuta (LTO) Zambia Kwara Ilorin Road NIL

Page | 41

Team #


City of Arrival

Mrs Florence Kebbie Sierra Leone

28. Mr King Norman Malawi Nasawara Lafia Road NIL

Prof. Yves Paul Mandjem Cameroon

29. Mr Mosotho Moepya South Africa Plateau Jos Road NIL

Mr Ollen Mwalubunju Malawi

Coordination Team

Mr. Samuel Atuobi Mr. Adedayo Charles Mr. Idrissa Kamara Mr. Ebenezer Asiedu Ms. Kebebouch Tessema Mr. Robert Gerenge Ms Magdalena Kieti Mr. Kennedy Emeana Prof. Osy Nwebo

African Union Commission African Union Commission African Union Commission African Union Commission African Union Commission Electoral Institute for Sustainable Democracy in Africa (EISA) Electoral Institute for Sustainable Democracy in Africa (EISA) Pan-African Parliament Pan-African Parliament


ANNEX 2: OBSERVER ORIENTATION AND BRIEFING PROGRAMME

DAY ONE: 23 MARCH 2015

Time Activity Responsibility

9. 00-9.30 Welcome Remarks Mission Leader

9. 30-9.45 Overview of the Mission programme AUEOM Coordinator

9.45-10.30 Election observation rationale and methodology

Electoral cycle

Observation Vs Monitoring

AU election assessment methodology

EISA

10.30-10:45 Tea break

10:45- 11:30 International and continental benchmarks for credible elections

EISA

11.30-12.15 Review of Recent Security Developments AUC Early Warning Analyst

12.15 -1.pm Code of Conduct for AU observers EISA/AUEOM Coordinator

1-2pm Luck Break

2-3pm Briefing on the pre-election context: findings of AU LTOs •Overview of deployment and LTO activities Key findings of the LTOs (voter registration, candidate nomination, campaign and voter education etc)

LTO Coordinator

3:00- 4.30 pm

Perspectives of CSOs on the 2015 electoral process

Panel of CSOs (YIAGA, TMG, CLEEN FOUNDATION, WOMEN SITUATION ROOM)

DAY TWO – 24 MARCH 2015


9.00-10.00 Political context of the elections

Historical and Political context of elections in the host country

Key issues in the current electoral process (stakes, dynamics, players)

Academic/political analyst CDD-Nigeria

10.00 – 10.30 Tea break

10.30-11.30 Legal framework for elections

The Constitution

Electoral Act/Reforms

Electoral system

Party finance regulation

Legal analyst (Policy and Legal Advocacy Centre)/Nigeria Human Rights Commission

Page | 43

11.30-1.00

Briefing by the EMB

Overview of the EMB’s mandate

The EMB’s interaction with stakeholders and involvement of stakeholders in the electoral process (political parties and civil society)

Preparedness for the elections (procurement, voter educations, personnel recruitment and training, logistics)

Election day procedures EMB’s expectation from international observers

INEC

1-2pm Lunch Break

3-4pm Briefing on Electoral Security Security agencies

4.00-4.15 Tea Break

4.15-5pm Briefing on the media environment for the elections

Media

DAY THREE – 25 MARCH 2015


8.30-10:30 Observer reporting – use of checklists and election day observation

EISA

10:30-10:45 Tea break

10:45-1pm Observer reporting- Use of tablets EISA

1-2pm Lunch break

2.00-3.30pm Simulation- Use of tablets EISA

3.30-3.45 Tea break

3.45-6pm Deployment briefing Distribution of deployment kits

AUEOM Coordination team

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