The United Nations and foreign observer missions as part of their appraisal of the 2019 general elections suggested to the Independent National Electoral Commission (INEC) the need to reduce the number of political parties. PATRICK ANDREW writes.
5 parties on call
Since 1979 when no more than five political parties were registered and contested the general elections, Nigeria has increasingly witnessed steady harvest of political parties. In that Second Republic, only the National Party of Nigeria (NPN), Unity Party of Nigeria (UPN), Great Nigeria Peoples Party (GNPP), Nigeria Peoples Party (NPP), Peoples Redemption Party (PRP).
Subsequently attempts at pruning the number of political parties had been toyed with. Retired General Ibrahim Gbadamosi Babangida- Maradona- sought to limit the parties by imposing two militarised parties: Social Democratic Party (SDP) and National Republican Convention (NRC) which threw up Chief MKO Abiola and Bashir Tofa. Sadly, the 1993 presidential election has remained officially inconclusive, despite the recent proclamation sanctifying June 12 and making it legally Democracy Day.
In the Fourth Republic which debuted in 1999, three major political parties traversed the polity, namely Peoples Democratic Party (PDP), Alliance for Democracy (AD), All Peoples Party (APP) and later the likes of Action Congress of Nigeria (ACN), All Nigeria Peoples Party (ANPP), and Congress for Progressive Change (CPC) came on the scene.
Enter Gani Fawehimnmi
However, following progressive awareness and seemingly stable democracy in the country and political consciousness, many associations sought to transmute into political parties, a move that was seriously resisted by the electoral umpire which considered the logistics implications should the numbers of parties vying for elective positions be legally upped.
Some though began to argue over the increasing numbers of associations angling for main stream political activities as platforms for contesting elective offices. Many were given licences to operate as such. Many failed to establish their presence by way of winning councillorship seats. The failure provoked the INEC to take action to curb the existence of mushroom parties.
Professor Attahiru Jega wielded the big axe and cut down the parties to size. The INEC chairman insisted that since political parties were legal instruments based on stipulated rules, they must be seen to consistent with the law registering them meet basic requirements not only for registration but the purpose for which they were set up- win elections at whatever level.
He insisted that where these guidelines, and where those provisions spelt out in the relevant statutes are not met, such parties do not live up to the billing of being regarded as political parties.
Accordingly, he de-registered six political parties for having failed to participate in the April 2011 elections, in August 2011.
Those axed were: the Democratic Alternative (DA), National Action Council (NAC); National Democratic Liberty Party (NDLP), Masses Movement of Nigeria (MMN), Nigeria Elements Progressive Party (NEPP), and National Unity Party (NUP). Besides, failing to secure any elective seat, the parties did not field even a candidate!
INEC relied on Section 78(7) of the Electoral Act 2010 to effect the axe. Interestingly, there were no fewer than 63 political parties in 2011.
Expectedly, there were legal contestations as regards INEC’s authority to not just to register but de-register a legally established political party in as much as the law allows freedom of association. Legal luminary Chief Gani Fawehinmi sought the position of the law in this regard.
Of course, the legal implications was well established and legal teeth given to these associations when late Fawehinmi proceeded to the court to seek INEC authority for registering and de-registering political parties. The fourth chapter of the 1999 constitution was the basis of the argument. The case went to the Supreme Court and Fawehinmi won thus ensuring that parties can’t be de-registered based on the whims and caprice of the INEC.
This has provided those that often argue that the more political parties there are, the better for the nation’s democracy and in fact growth of the political parties and system often rely on the Supreme Court 2002 judgment in Gani Fawehinmi vs INEC where the court held that the right of association is a fundamental human right. The apex court had dismissed 12 of the 13 guidelines used by INEC for party registration as “unconstitutional.”
UN reservation on large parties
The United Nations while commending the Independent National Electoral Commission for conducting elections of such magnitude in spite the expected challenges associated with the 2019 general elections, however made some pressing observations, key among which was the need to consider limiting the numbers of political parties participating in subsequent exercise.
Special Representative to the Secretary General to the UN for West Africa and the Sahel, Dr Mohamed Ibn Chambas, conveyed the UN team’s impression by first stating that the UN wished to strengthen its relationship with INEC and to be part of the post 2019 election review.
“Many of us watched with satisfaction the deliberations involving the senate and the House of Representatives and the serenity and indeed one can say that the atmosphere in the processes were further steps towards consolidating democracy in Nigeria.
“We are interested in the work of the INEC during the election season and also off election seasons. In that regard, we once again commend the leadership, the chair, the Commissioners, the federal Commissioners and the state level, leaders of INEC for the yeoman’s job they have done during the recent elections, in spite of all the challenges which expected in an exercise of this magnitude.
Admitting that Nigeria is not the only country large number of political parties, Chambas said:”In the last election in this country, many of you will recall that there were 73 presidential candidates, I am not talking about registered political parties but presidential candidates. With the usual Nigerian people some people even referred to the ballot paper as table cloth on account of its length and breadth.
“Of course that also has its only challenges and for countries in our sub-region where majority of our fathers, uncles and relations are still presenting them with such long list of candidates, sometimes distract from the quality of the process and talking about informed decisions by the electorate.
But he also gave a regional perspective on the matter: “The number of political parties in certain elections in our West Africa and Sahel sub-region poses a challenge recently and it is not only here in Nigeria that we need to look at the issue of number of political parties, their mode of registration etc.”
He, however, stated that Senegal, when faced with the same challenge later found a manner of dealing with it., While the Republic of Benin, when confronted with as many as 249 registered political parties, also tried to find their way to handle this issue.”
Consequently, he stated that the UN would be interested in assisting Nigeria to address the issues. “So these are legitimate issues that we want to be part of this conversation that has being initiated by INEC chairman. We would also be interested in the issue of inclusivity involving the participation of youth, women and persons living with disabilities in elective offices in particular and in the electoral process in general,” the UN envoy said.
INEC response
Responding, INEC chairman Prof Mahmood Yakubu pledged the commission would soon engage the leadership of the 9th National Assembly with a view to strengthening the legal framework of the nation’s electoral system. Nigeria’s
He expressed optimism that the review would be concluded in the next two months, so as to arm it with useful lessons that would guide relevant stakeholders working to improve on the legal framework.
“In particular, we need to focus attention on the electoral legal framework among several areas of reform.
“Indeed, long before the 2019 general elections, the commission submitted detailed proposals for the amendment of our electoral laws in the light of our experience from the 2015 general elections and numerous off-season elections. We had a useful interaction with the 8th National Assembly.
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The number of political parties in certain elections in our West Africa and Sahel sub-region poses a challenge recently and it is not only here in Nigeria that we need to look at the issue of number of political parties, their mode of registration etc.
