Enhancing Credibility in Nigeria’s Electoral Process through the Unbundling of the Independent National Electoral Commission (INEC)

Abstract

Nigeria's electoral integrity has been questioned, with the Independent National Electoral Commission (INEC) taking the bulk of criticism for their dual role in conducting elections and regulation of political parties. While INEC is mainly responsible for the conduct of elections in the country, registration and regulation of political parties also remains one of its functions. However, there have been calls to unbundle INEC by separating the functions of party registration and regulation as well as the handling of electoral offences from conduct of elections. This is believed to enable INEC focus more on its core mandate of conducting not just elections but credible elections, while separate independent Bodies take the responsibility of party registration and regulation, as well as electoral offences cases. It is believed that the unbundling would drastically reduce INEC’s burden of having to do so much at the same time, and to also enable the proposed Bodies to diligently concentrate on other aspects of the electoral process such as registration and regulation of political parties, and the prosecution of electoral offenders. From this background, this brief assesses the impact of the unbundling of INEC on Nigeria's electoral process. Realising that the unbundling of INEC would create a more enhanced electoral management system, improved oversight on political party activities through effective regulatory framework and speedy prosecution of electoral offenders, as well as increase public confidence in the electoral system, this brief therefore recommends as follows: i. That the House of Representatives may give accelerated hearing and passage to the current Bills at the Committee Stage titled; “A Bill for an act to Provide for Establishment of an Independent Authority for the Registration, Regulation and Funding of Political Parties in Nigeria and for Related Matters” and the National Electoral Offences Commission Bill with the Senate giving concurrence to the Bills; ii. The Senate may wish to also give concurrence to the above Bills; iii. That the National Assembly may amend Sections 222 (a-f), 225 & 226 of the 1999 Constitution to provide for the establishment of an independent Authority charged with the responsibility of registering and regulating political parties as well as determining all intra and inter-party disputes in Nigeria; and The National Assembly may also amend Sections 75 through 86 of the 2022 Electoral Act to recognise the independent authority (established above) as the body responsible for registering and regulating political parties in Nigeria.