Election Observation in Africa – A Critical Review As Nigeria Prepares For Elections

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Onyekachi C. Okorie

University of Pretoria

Nigeria – the world’s most populous black nation is at a critical point in her history. In 2023, she is set to elect the fifth president of her fourth republic. The circumstances surrounding this moment for the country are critical for two reasons. Firstly, they shed light on the ongoing discourse regarding the practice of democracy and good governance in Africa. Secondly, they test the veracity of the modern hypothesis that elections are the primary means to alleviating the recent concerns of military takeovers across the continent. 

This piece investigates the role of “Election Observation” by the African Union on the continent. It explains the process and looks into the trend of electoral observation on the continent, whilst situating it within the peculiarities of the Nigerian socio-political environment. 

Election Observation

Election observation as a practice of the African Union derives its origin from numerous international and human rights instruments. Serving largely as benchmarks, these instruments inform the spirit of the practice. They include international instruments and agreements such as: Article 21 of The Universal Declaration of Human Rights (UDHR), Declaration of Principles for International Election Observation, African Union Declaration of Principles Governing Democratic Elections in Africa, Guidelines for African Union electoral observation and Monitoring Missions, African Charter on Democracy, Elections and Governance, among others. 

According to the European Centre for Development and Policy Management “the general logic of election observation missions is to deter fraud by their mere presence and to deter fraud and call it by its name when it does take place”. But in addition to its deterrence function, election observers should watch over an electoral process to ensure that it complies with national laws and international standards for elections. As a result, this process must commence before ballots are cast and be continued until the announcement of the election result. 

Election Observation in Africa

It is imperative to note from the outset that elections are generally nationally owned processes given to a country and its citizens by the constitution. Nonetheless, elections are by no means only a narrow domestic issue particularly as their ramifications have varying effect. And there are many views on the legitimacy of election observation in Africa. An important example is the 2017 presidential elections in Kenya – a country which had experienced significant electoral violence in 1963 and in the late 2007 and early 2008 election. 

Kenya’s 2017 elections were highly anticipated and featured numerous international observers from the European Union, Commonwealth, African Union and the United States of America. The general consensus from these observers was that the election had no major fraud. Commonwealth representative and former Ghanian President John Mahama and former US Secretary of State John Kerry praised and commended the election officers. In fact, Kerry described Kenya as “having made a remarkable statement to Africa and the world about its democracy and the character of that democracy”. 

On September 1, 2017, the Supreme Court of Kenya rendered a ruling annulling the election results that declared Uhuru Kenyatta winner. It concluded that the elections were null and void and not in accordance with the constitution citing illegalities and irregularities committed by the electoral commission including in the results transmission process, which affected the integrity of the election. A similar development occurred in Malawi after its Supreme Court annulled the 2020 election results. As one would expect, this sequence of events sparked questions as to the credibility and legitimacy of international election observation. 

2019 Nigerian Presidential Elections - Following up on the Recommendations of the African Union

The report of the African Union’s Observance Mission on the 2019 presidential elections in Nigeria was rather encouraging in its ultimate outcome but mixed as to specific aspects of the process. Indeed, the country received praise for an improved legal framework and political environment conducive to a fair vote. The crux of the recommendations made to the government were: (a) amending the electoral act to include compulsory use of a smart card reader and electronic transmission of results; (b) placing limitations on election campaign finance; and (c) reducing the cost of nomination for political candidates particularly women. 

On February 22, 2022, Nigeria made a monumental step in implementing some of these recommendations. The Electoral Act of 2022 which repealed the Electoral Act of 2010 introduced significant changes to elections in Nigeria such as: establishing the financial independence of the Independent National Electoral Commission (INEC), extending the time frame for the publication of the election notice, encouraging early party primaries, providing for central electronic voter database, and creating INEC’s power to review and exclude political nominees from acting as voting delegates or aspirants. The changes highlighted here are significant and illustrate Nigeria’s commitment to improving the state of its elections. 

However, the government has a great deal of work left to do, as the cost of financing electoral activities in the country remains of significant concern. The prime culprits of this problem are political parties who impose outrageous financial thresholds on their aspirants and political candidates as a prerequisite to their participation. The problem is further compounded when these political candidates meet these financial demands. According to section 88 of the Electoral Act of 2022, the maximum election expenses to be incurred by a candidate at a presidential election shall not exceed 5 Billion Naira (approximately USD 10.9 million)

Nonetheless, we see a blatant disregard of this provision in the activities of political party. The All-Progressive Party for instance, set a whopping sum of N100 million Naira (USD 219,000) as the form price for all presidential aspirants. The People’s Democratic Party also set its ticket at N40 million Naira (USD 87,000). While it should be noted that these prices are for aspirants and by nature do not fall within the ambit of the section 88, many have argued that it is utilized by political parties as a channel to expend and demand more money. 

If section 88 puts a lid on electoral expenses, and section 89(1) defines electoral expenses ‘as expenses incurred by a political party within the period from the date notice is given by the Commission to the conduct of election up to and including, the polling day’, then it implies in practice that individuals who progress from the status of aspirants to candidates might end up exceeding the N5 Billion Naira (USD 10.9 million) limit set by the Act. 

Looking Forward

As the 2023 general presidential election looms, the African Union has deployed a special pre-electoral political mission led by His Excellency Phumzile Mlambo-Ngcuka, former Deputy President of the Republic of South Africa and Member of the African Union Panel of the Wise, as part of its observation process. This mission also includes Honorable Chief Fortune Charumbira, President of the Pan-African Parliament, African Union staff and independent electoral experts. The main objective of this mission is to assess the country’s state of preparedness ahead of the elections. 

The Union is also expected to deploy a more fortified team when elections fully commence in February. 

The Kenyan experience highlights one particular lesson for the African Union - that electoral observation missions should be undertaken with a comprehensive understanding of the political context preceding the election itself. For this to be properly executed, observation missions cannot be undertaken in silos. The African Union must seek partnerships with local observers and civil society groups who have a deeper understanding of the country’s political context. In the Nigerian context, the Independent National Electoral Commission must be willing to involve civil society organizations and other stakeholders in its policy and strategy processes. 

Finally, although the Nigerian government can be commended for its efforts in updating its electoral legislation, financing of electoral activities by political parties remains an area that highlights the inequality of Nigerian society. As such, it is imperative that the country fills the holes left by sections 88 and 89(1) of the new Electoral Act of 2022 and ensure that the provisions are enforced and political parties are held accountable.

Onyekachi C. Okorie holds an LLM in Trade and Investment Law from The University of Pretoria

Suggested Citation: Onyekachi C. Okorie, ‘Election observation in Africa: A Critical Review as Nigeria Prepares for Elections’ IACL-AIDC Blog (23 February 2023) https://blog-iacl-aidc.org/2023-posts/2023/2/2/election-observation-in-africa-a-critical-review-as-nigeria-prepares-for-elections.