nigeria: civil society group reserves 'free and fair' assessment

Preliminary Report on the Gubernatorial and Presidential Elections
Held on Saturday, April 19, 2003

Introduction

As with the National Assembly Elections held on Saturday, April 12, 2003, the Transition Monitoring Group (TMG), a coalition of 170 human rights and civil society organizations, monitored the Gubernatorial and Presidential Elections held on Saturday, April 19, 2003 by deploying 10,000 trained observers throughout the country.

This preliminary report is issued based on the observations made by TMG monitors from the 36 states and the Federal Capital Territory, Abuja. A more detailed report will be issued by TMG at the end of all the elections.

Pre-Election Day Observations

The integrity of the electoral process was undermined by factors such as the shoddy conduct of the voter registration exercise which resulted in many prospective voters being disenfranchised, and the primaries of many of the political parties, especially the older ones, where “kingmakers” within many of the parties foisted their preferred candidates on the parties through undemocratic processes.

Voter Registration
It is the view of the Transition Monitoring Group that the voters’ registration exercise organized by INEC in September 2002 and in the “make up” exercise held in January 2003 was not successful as they still left a substantial number of prospective voters disenfranchised. The voters’ registration and the display of the voters register were characterized by inefficiency, confusion and corruption. Thousands of prospective voters could not register for a number of reasons; including the fact that many INEC officials at voter registration centers claimed that they did not have enough registration materials.

For many months after the conclusion of the voter registration exercise, the Commission was unable to produce and display the voters’ register for inspection, as it is required to do by Section 10 of the Electoral Act 2002. When it finally produced the voters’ register, it did not display it in some states and in other states, the exercise was not accompanied by adequate publicity with the result that many people were unaware of it and did not verify their names. This lapse was responsible for the problems which arose on election days when many prospective voters across the country could not find their names on the voters’ register and were not allowed to vote in several polling centers.

In January 2003, the TMG published a 57-page report on its monitoring of the voter registration exercise. In the report entitled, “Registration of Voters 2002: Report of the Transition Monitoring Group”, the TMG observed that the exercise was flawed given the numerous complaints from various parts of the country and well-meaning individuals. It recommended that INEC should give effect to the provisions of the Electoral Act by immediately commencing the continuous registration of voters.

It is regrettable that INEC ignored this recommendation and did not take adequate steps to ensure that all those qualified to register and desirous of doing so were given the opportunity to register and subsequently vote in the elections.

In addition to this, the Commission only began replacing tear-off slips issued to prospective voters during the voter registration exercise with the voters’ card less than a week to the elections which left little or no time to complete the exercise. The process of replacing these tear-off slips with voters’ cards has been so inefficient that a day before the elections began; millions of prospective voters had not been able to get their voters’ cards. Conflicting and contradictory statements from different categories of INEC officials over whether those who were unable to get the voters’ card would be allowed to vote with their tear-off slips also created uncertainty and confusion in the system which undoubtedly affected the ability of people to vote. The replacement of the tear off slips with voters’ cards in so many polling stations during the National Assembly and Presidential elections created congestion, confusion and violent reactions in so many polling centers. The resultant disenfranchisement of thousands of prospective voters has a significant effect on the credibility of the elections.

Political Party Primaries
The conventions and primaries of many of the parties for the selection of their candidates, especially for the presidential elections, were characterized by manipulation, intimidation and other undemocratic practices. As the President and all incumbent governors of the 36 states schemed to remain in office for a second term, they sought to use their incumbency to intimidate any opposition and deployed state resources to further their desires.

The accreditation of delegates for the conventions of many of the political parties, especially that of the ruling Peoples Democratic Party (PDP), and the All Nigeria Peoples Party (ANPP) smacked of a hide and seek game with the result that the delegates were mentally and psychologically exhausted, harassed, intimidated and effectively worn-out before the elections were conducted. The state of confusion and disinformation that pervaded the conventions of many of the parties was carefully orchestrated as part of an overall strategy aimed at preventing some of the delegates from voting during the conventions.

There was widespread bribery of delegates with sacks stuffed with money to influence their vote in some of the conventions. Delegates were pressured by government agents using subtle threats and intimidation to compel them to vote for preferred aspirants.

The intimidation of delegates was aided, in the case of the PDP, by the use of serially numbered ballot papers, which undermined the secrecy of the ballot. It was therefore possible to determine how each delegate voted and subsequent to the convention, there were numerous reports by some delegates that they had come under attack from various government agencies for not voting as directed.

The PDP’s guidelines for the selection of its presidential candidate were structured to ensure that the incumbent President won the party’s ticket. There was no respect for the democratic principle of equal opportunities and a level playing field for all the aspirants. It adopted the use of special automatic delegates, including ministers, ambassadors, presidential aides and other appointees of the president, in a process carefully designed to ensure that they outnumbered other delegates and unduly tilted the contest in favour of the incumbent.

The ANPP placed too much emphasis on the emergence of a consensus presidential candidate with the result that its candidate that emerged from the convention was imposed on the members by those who viewed themselves as the “kingmakers” despite vehement protests by other aspirants. Five of the presidential aspirants walked out of the convention when the plan to impose a presidential candidate on the party became clear.

With the constitutions of many of the political parties prohibiting any resort to the judicial process and most courts viewing any judicial intervention in the nomination process as interference in the internal affairs of the political parties, the result was that there was no avenue for redress open to aggrieved aspirants.

On the other hand, the nomination process adopted by the National Democratic Party (NDP), the United Nigeria Peoples’ Party (UNPP) and some of the younger parties substantially respected democratic principles in the selection of their presidential candidates. The accreditation procedures adopted by the NDP and the UNPP were a marked departure from those of the PDP and ANPP.

The TMG notes that the foisting of unpopular candidates on the party by the party leadership amounted to a denial of the right of the people to a candidate of their choice as in many cases, the selection of a particular candidate by the party may in fact be more important than the general election.

Observations on Election Day

Preparation by INEC

The Independent National Electoral Commission appears to have overcome many of the logistics difficulties which attended the National Assembly Elections in most of the polling centers in the country. In most of the polling centers monitored, election materials, polling officials and security personnel arrived the polling centers before 8 a.m. Polling actually started in most of the centers at about 8 a.m. In Adamawa and Nasarawa States, for instance, INEC distributed election materials on Thursday and Friday.

It appeared that INEC did not make adequate arrangements for the transportation of election materials, polling officials and security personnel from the polling stations to the collation centers as officials in many polling stations in Kogi State could not report any concrete arrangements made for this purpose.

At unit 025 Abuja Road in Rigasa area in the Igabi Local Government Area of Kaduna State, the counting of votes ended at about 10pm and candles had to be used for vote counting and in filling the relevant INEC forms. It would appear therefore that despite similar experiences during the National Assembly elections, INEC again did not make adequate provisions for lighting up the polling stations which created an unwholesome atmosphere during this stage of counting and tabulation of the votes.

Voter turnout
Voter turnout was far higher than the turnout recorded during the National Assembly elections held on April 12. In many states, voters started arriving at the polling stations as early as 4.00am. But voter turnout was generally low in Enugu State and in one centre at the St. Peters Primary School, Ogbette, TMG observers recorded only 68 persons as having voted until 2.30pm when INEC officials took the ballot boxes away to an unknown place. Voter turnout in Benue and Edo States was also reported to be poorer than in the National Assembly Elections.

Although voter turnout in Kaduna State was generally impressive, the merging of some polling centers created confusion. At unit 025 Abuja Road in Rigasa area in the Igabi Local Government Area of Kaduna, as at 3.00pm over 500 people had not cast their votes and this created tension because INEC merged three polling units into one. Voting and counting ended at this polling unit at 10pm with candles used for vote counting.

No elections
Elections did not take place in Ughelli North, Ughelli South, Okpe, Patani, some parts of Bomadi and Burutu local government areas of Delta State. In Bayelsa State, there were also no elections in many centers in Ogbia Local Government Area, Sagbama Local Government Area, Nembe Local Government Area, Kolokuma/Opokuma Local Government Area, Southern Ijaw Local Government Area, Yenagoa Local Government Area, Ekeremor Local Government Area, and Brass Local Government Area.

Availability of Electoral Materials
Voting materials were generally available during the elections as INEC appeared to have plugged the loopholes that were noticed in the National Assembly elections. However, in two of the centers monitored in Adamawa State, there were no voters’ registers. It is unclear why INEC did not take steps to rectify this problem since it had been discovered since the National Assembly elections held on April 12. Prospective voters were determined on the basis of production of voter’s card or tear-off slip. In Taraba State, there were several instances of shortage of election materials.

In Puje Ward, Kofar Inuwa Babaji Polling Unit (Code 001) in Taraba State, prospective voters held polling officers hostage and refused to vote because they did not have enough ballot papers to correspond with the number of names on the voters register at the centre. Ballot papers also ran out in some polling stations in Nasarawa State such as Angwan Yansanda Polling Unit in Lafia. About 80 people were therefore not able to vote in this station.

Shortage of election materials were also reported in Egor Local Government Area of Edo State.

In Ogun State, a few centers had insufficient ballot papers, although the situation was corrected. For example, the Odo Oyo, Ago Oba Igbore polling station was a merger of two polling stations (011 and 019) which resulted in its having 1,000 names on the register while it received a total of only 300 ballot papers.

Some polling stations had one ballot box while others had two boxes. In the stations where only one ballot box was provided, the same box was used for ballot papers for the gubernatorial and presidential elections which created delays in the sorting of votes before counting. In some polling units in Benue State, only one ballot box was provided and when this was filled up, polling officials improvised by using baskets.

Conduct of Electoral Officials
Election officials in many of the polling stations monitored made attempts to educate voters before they cast their votes. For instance, Aishatu Abubakar, a presiding officer at Ungwan Sarki Busa 1 Polling Center, Minna, in Niger State diligently explained to the voters in Hausa and English languages the voting procedures and how to differentiate the two ballots. But there were still a few cases where election officials did not quite know what to do and had to seek the assistance of the observers to clarify some issues such as in Borno State.

Punctuality
Voting started between 8.00am and 9.00am in most of the polling stations visited. However, in Delta State, voting did not start earlier than 9.00am in any of the polling stations monitored and in a few polling centers in the state, election materials did not arrive until after 12.00 noon. This was mostly noticeable in the hinterlands. At the Ganaja Primary School Polling Station (Code 009) in Lokoja, Kogi State, voting started at 11.15 am due to the late arrival of voting materials occasioned by transportation difficulties.

Efficiency of Voting Procedures
The voting procedures were generally efficient as most of the election officials seemed to have mastered the voting procedures, although in cases where prospective voters or election officials insisted on tear-off slips being exchanged for the voters’ card before voting, the procedure resulted in delays. The accreditation process was much faster and better conducted than in the National Assembly elections.

Secrecy of the Ballot
INEC took commendable steps to ensure the confidentiality of voting in most of the polling centers resulting in a substantial improvement over the situation during the National Assembly elections. All the polling stations monitored made adjustments to the voting procedure to guarantee the secrecy of voting. In centers where schools were used, arrangements were made for a classroom to be used for thumb printing while the ballot papers were subsequently put in the ballot boxes in public view. In some polling stations, especially those where open spaces were used for the elections, election officials erected small compartments which enabled voters to thumb print their ballot papers away from the prying eyes of party agents, other voters and security personnel. This was a marked departure from the arrangement during the National Assembly Elections when the secrecy of voting was compromised in most polling stations due to the activities of party agents and the security personnel.

However, in Enugu State, lack of confidentiality in the voting process remained a major concern as polling officials in many polling stations did not make adequate arrangements to guarantee the secrecy of the ballot. Also in Nasarawa State, there were many polling stations that did not make adequate provisions to guarantee the secrecy of the ballot, while party agents exploited the illiteracy of some voters to influence their choice of candidates under the pretext of assisting them to cast their vote. In many centers in Kogi State, there were no adequate arrangements to guarantee the secrecy of the ballot.

Similarly, in Kaduna State, there were reports of voting in the full glare of security agents and party officials in some centers. These were noticed in places like Ungwan Rimi, Tudun Wada, Challawa Crescent and parts of Television Village.

Electoral Fraud
There were scores of cases of alleged electoral fraud in many states across the country, often with the collusion of election officials and security personnel. For instance, in Enugu State, TMG observers noted that polling officials in many centers stamped and gave bundles of ballot papers to agents of a political party which they then proceeded to thumb print in the full view of security personnel before stuffing them into the ballot boxes. This was the case in Nigerclose Primary School, Bigard Seminary and Achara Layout Primary School.

In Imo State, some election officials colluded with agents of one of the political parties and took ballot boxes to the Owerri Plaza Hotel where they were stuffed with already thumb printed ballot papers. TMG observers in Taraba State also observed stuffing of ballot boxes in polling centers in the state.

At Eziama Autonomous Community in Ngor Okpala Local Government Area of Imo State, the INEC supervisor carted away the materials for the elections and took them to somebody’s house with the result that elections did not take place in this community. At Emekuku, in the same Imo State, some party thugs brought in ballot papers already thumb printed and mixed them up with genuine ballots during the counting process thereby creating confusion and pandemonium. At Assumpta Cathedral in Owerri, armed thugs stormed the polling centre in a bus, carted away the ballot box and made to escape. Voters gave a hot chase upon which the thugs abandoned the bus which was burnt by the voters, but the thugs managed to escape with the ballot box. At Nkwo Ogwu in Mbaise, vigilant voters intercepted and destroyed a bus carrying already thumb printed ballot papers.

In many centers in Taraba State, thugs armed with knives, daggers, guns, and cutlasses attacked polling centers and snatched ballot boxes. In one case in Kachalla Sembe Polling Station (Code 007) in Jalingo Local Government Area, following reports lodged at the police headquarters by observers, about 30 armed policemen were deployed to restore law and order.

In Bayelsa State, groups of youths seized electoral materials and ballot boxes in Fanwa Ekunum Square (Code 012) polling station because they demanded to share in the financial largesse allegedly given out by a politician. Also in Ekpen-Ama (Code 103) Kolga, youths intimidated electoral and security personnel and carried away the electoral material.

A mini-bus belonging to one of the political parties but carrying election materials was intercepted by supporters of a rival party around 4.30am and handed over to the police. The vehicle and its driver were however released by the police on the ground that they were on election duty.

TMG Observers noted massive under aged voting in some polling stations such as Ejiho/Ohono Polling Station (Code 08) in the Lokoja Local Government Area of Kogi State. The Presiding Officer and the two unarmed security personnel at the station declined to take action because they were not armed and were afraid that they could be overwhelmed by the sheer number of persons voting and remaining within the precincts of the polling station. They also claimed that the underage voters had their voters’ cards and their names were on the register of voters. At the Auje Kofar Ajikudu Polling station (Code 007) in Taraba State, a TMG observer witnessed a lot of underage voting and was chased away from the centre by the voters. TMG observers also recorded massive underage voting in unit 023 in Rigasa, Igabi Local Government Area of Kaduna State.

The symbols of the PDP and the ANPP were very prominent at the precincts of many polling stations. For instance, at Cinema/Ungwan Tivi Polling Station (Code 018), Ungwan Hamza (Code 004) and Kpatan Koto North (Code 001), all in the Lokoja Local Government Area of Kogi State, party posters littered the premises and precincts of the polling station. This was also observed in polling stations in Taraba State. Similarly, in Kaduna State, there was open display of party symbols in most parts of the polling units. PDP agents were holding umbrellas with PDP emblem while ANPP agents shared corn at the polling stations and also canvassed for votes. In Kano State, TMG observers noted multiple voting with some people voting up to five times.

Conduct of Security Agents

The conduct of security agents was largely civil and commendable in many states during the elections. There was also a visible improvement on the part of the police authorities in addressing the issue of lopsidedness in the distribution of their personnel to polling centres, which was noted in the preliminary report of the TMG on the National Assembly elections. This shows that police authorities owned up to their short-comings in the last elections and took positive steps to remedy them.

However, despite improvements in security arrangements which resulted in greater coverage and better distribution of security personnel at the polling stations, some polling stations still retained an unreasonable proportion of security personnel. For instance, the Galiliee Polling Station (Code 005) in Lokoja, Kogi State had a total of 13 security officers made up of the Police, Customs, Prisons, Immigration, Road Safety and National Defense and Security officials, while other polling stations in Kogi State had an average of three security personnel.

There were also troubling reports of police complicity in electoral malpractices in some states, reluctance to intervene in glaring cases of electoral misconduct on the part of some party agents, inability to maintain law and order in some centres, which gave room to some hoodlums to unleash mayhem. Furthermore, some polling centres did not witness security presence and in spite of the fact that steps were taken by the police to improve on the distribution of their personnel, the numbers still favored upper class/low density residential neighborhoods against lower class/high density areas, which created tense and rowdy situations in densely populated areas. Instances of the foregoing abound:

In polling units 57, 23, 21, Abduloma ward in Port Harcourt Local Government Area in Rivers State, police personnel posted to the units were reportedly involved with INEC and PDP officials in stuffing ballot boxes.

In Ahmadu Mekoto Primary School Polling Unit, under Yara Ward in Keffi LGA, Nasarrawa State, Party agents interfered in the voting process by openly telling voters which party to vote for. Both the INEC officials and Security agents at the unit were helpless and unable to either control the situation or restore law and order.

In polling centres in Ogbete, Enugu, TMG observers reported that INEC officials gave ballot papers to party agents and allowed them to thumb-print same in the clear view of security agents after which they were pushed into the ballot boxes.

There were reports of electoral violence resulting in some deaths in Bayelsa State. The reports say six persons suspected to be ANPP supporters may have died when soldiers opened fire in Oporoma. The bodies of two of those killed, Abraham Young and Ndukari Salvation, were reportedly taken to Yenagoa and deposited at Okolobiri Mortuary.

Activities of Party Agents
There was overwhelming presence of party agents in some states of the Federation. Some conducted themselves irresponsibly through unhealthy interference in the electoral process. In Ungwan Rimi opposite market polling unit in Kaduna State, each political party had over 4 agents. They called some of them supervisors. The PDP and the ANPP had an average of two polling agents in all the polling stations monitored in Kogi State. This was a marked departure from the situation during the National Assembly elections when the parties posted as many as five party agents to one polling station. Furthermore, the party agents did not interfere with the process of voting and left the security personnel to assist non-literate voters.

In Ahmadu Mekoto Primary School Polling Unit, under Yara Ward in Keffi LGA, Nasarrawa State, party agents interfered in the voting process by openly telling voters which party to vote for. Both the INEC officials and Security agents at the unit were helpless and unable to either control the situation or restore law and order.

Conclusion and recommendations

There were substantial flaws in some of the critical stages leading up to the elections which tended to undermine the credibility of the process. Preliminary election-day reports received from TMG monitors all over the country indicate a large voter turnout in most of the states and substantial improvements in the arrangements made by the Independent National Electoral Commission for conduct of the elections. The TMG observes that there were cases of electoral violence and numerous reports of electoral fraud in some parts of the country. Since this report is being issued ahead of the final release of all the results from the elections and the receipt and final analysis of all the data from TMG monitors in the field, the TMG will refrain at this stage from making a final determination as to whether the elections were free and fair.

The TMG, however, observes and recommends as follows:

1. The Nigerian Voting Population: The will and consent of the people must form and remain the basis of the legitimacy of any government. The Nigerian electorate has demonstrated beyond reasonable doubt their preference for democracy and democratic processes. They trooped out in the rain, in the sun and in very difficult circumstances to exercise their civic responsibilities as demanded of them by the Constitution and the Electoral Law. They performed this task with dignity and sophistication despite the climate of fear and uncertainty created by the political class in their desperation to grab or retain power at all cost. This duty they performed on the understanding that their votes will count and form the basis for the legitimacy and credibility of government. The performance of the Nigerian people during the National Assembly and Presidential Elections confirms beyond any shadow of doubt that the Nigerian people are more advanced and attuned to democracy, democratic values and processes than the Nigerian political class. The political class in Nigeria must learn lessons in patriotism and democracy from the Nigerian electorates.

2. The Results Already Declared by the Independent National Electoral Commission: The TMG observes that the results already declared by the Independent National Electoral Commission from some states, such as Rivers, Bayelsa, and Enugu, are far from being credible.

3. TMG monitors deployed during the Presidential/Gubernatorial elections have reported credible allegations of electoral irregularities and malpractices in some states of the Federation. The TMG strongly takes the position that all allegations of irregularities should be properly investigated by the responsible agencies of law enforcement. Political parties and candidates have a legal and political responsibility to take any complaints of irregularities that they may have to Electoral Tribunals established under the Electoral Act 2002.

4. Electoral Tribunals are created by law, comprised by senior judges, and vested with the power to hear and determine complaints related to or arising from the elections. Electoral Tribunals are empowered to hear petitions, receive evidence and arguments in support of or against alleged malpractices and decide on the petitions and complaints presented to them on the basis of evidence. They are empowered to provide adequate remedies in cases of established complaints. Such remedies may include invalidating the results of an election, ordering new elections, excluding any votes shown to have been unlawfully obtained or recorded, or, as the case may be, affirming the outcome of a vote as being in substantial compliance with the applicable laws. Election tribunals are essential in guaranteeing the integrity of both the electoral process and its outcomes. They are an essential institution of every elective democracy.

6. The judges who sit on Electoral Tribunals exercise a unique and weighty responsibility. In deciding on the petitions to be presented to them, these judges will be required to be manifestly independent, fair and impartial. TMG calls on all parties to co-operate with the Tribunals, respect their independence, respect the verdicts of the Tribunals when these are handed down and address any complaints involving the Tribunals to the National Judicial Council, chaired by the Chief Justice of Nigeria.

7. Only confidence in democratic institutions and fidelity to law can strengthen democracy and democratic processes in Nigeria. Parties and their candidates should therefore take advantage of the due process of law. TMG cautions all parties to refrain from the use of extra-judicial or extra-constitutional avenues that may threaten the future of elected government in Nigeria.

8. Law enforcement organizations and institutions have a duty and power under law to bring the full weight of the law on all individuals, organizations or parties shown to have sought to corrupt or participated in corrupting the electoral process. The electoral process will only have integrity when those that conduct themselves in unacceptable manner are punished in accordance with the laws of the land.

APPENDIX

Table 1: A Comparison of Electoral Administration: National Assembly and Presidential/Gubernatorial
Issues National Assembly% YES Presidential &Gubernatorial % YES
Necessary election materials (e.g. voter register, indelible ink, ink pad, ballot papers and boxes) provided during the set up of polling centre? 38.7 71.3
Voting materials ran out? 7.1 7.3
Polling officials were non-partisan? 72.2 79.1
Polling officials knew the voting procedures? 86.0 89.0
Secrecy of voting 79.3 87.3
Campaign materials near polling station? 23.9 21.8
Procedures for set-up properly followed? 12.3 51.8
Voting stopped or suspended? 13.6 9.2
Ballot box shown to be empty and sealed closed? 90.5 95.4
Voters asked to show proper identification? 91.8 90.7
Voters name checked in voters register? 92.1 94.6
Underage/multiple voting or voter impersonation? 5.4 8.2
All voters in queue at 3 p.m. allowed to vote? 62.2 73.2
Were the voting procedures followed? 81.4 87.9
People with identification and names in register denied the right to vote? 5.6 3.3
Campaign materials near the polling station? 23.9 21.8
Campaign near or in the polling station? 8.6 8.0
Violence/disruption in or near the polling station 7.4 4.8
Intimidation of voters or polling officials 6.5 5.4
Ballot box stuffing or stealing of the ballot box? 6.2 3.7
Voting commenced between 8.00 a.m. and 9.00 a.m. 41.2 80.5

Areas of significant improvement
· Punctual commencement of voting
· Allowing voters in queue at 3.00pm to vote
· Observance of procedures for set up of the polling centres
· Secrecy of voting
· Availability of necessary voting materials

Problem: Under-age voting increased slightly.

POLICE SERVICE COMMISSION (PSC)

Preliminary Report on the Conduct of the Police in the Gubernatorial and Presidential Elections Held on Saturday, April 19, 2003

Introduction
The Police Service Commission (PSC), in continuation of its programme of monitoring police conduct in the on going general elections in Nigeria, which started with the National Assembly Elections of April 12, 2003, monitored police conduct in the gubernatorial and presidential elections held on April 19, 2003.

As with the National Assembly Elections, the PSC deployed a total of 185 roving monitors to the 36 states of the Federation and Abuja, at an average of 5 monitors per state. This preliminary report is issued based on the observations of the roving monitors. The final report of the Commission would be published at the end of all the elections.

Background
While the Commission expressed satisfaction with the overall performance of police officers on election duty during the national assembly elections, certain areas of short comings were identified for improvement at the subsequent elections. This included the perceived lopsidedness in the distribution of police personnel resources in some states and the absence of the police in 14 percent of the polling centres observed by PSC roving monitors. The extent to which these identified areas were addressed by police authorities during the gubernatorial and presidential elections forms part of this preliminary report, in addition to police adherence to the Commission’s guidelines for the conduct of the police on elections duty. The Guidelines among other things, oblige police personnel on elections duty to be alert, courteous, approachable, professional, impartial and proportionate in the use of force when strictly necessary.

As a constitutional body, the Police Service Commission is empowered to carry out this function by both section 215 of the Constitution of the Federal Republic of Nigeria and the Police Service Commission (Establishment) Act, No. 15 of 2001. Under Section 6 of this Act, the PSC is responsible for:
1. appointing and promoting all officials of the NPF (other than the Inspector-General of Police , IGP);
2. dismissing and exercising disciplinary control over the same persons;
3. formulating policies and guidelines for the appointment, promotion, discipline and dismissal of officers of the NPF;
4. identifying factors inhibiting and undermining discipline in the NPF;
5. formulating and implementing policies aimed at efficiency and discipline within the NPF;
6. performing such other functions as, in the opinion of the Commission are required to ensure optimal efficiency in the NPF; and
7. Carrying out such other functions as the President may from time to time direct.
What follows are the preliminary observation of the PSC on police conduct during the gubernatorial and presidential elections of April 19, 2003.
Performance of the Police
The Commission has received reports from the monitors on police conduct during the gubernatorial and presidential elections conducted on the April 19, 2003. In general, most police officers on electoral duty performed very well. Most of them were commended for being courteous, professional and firm in the discharge of their electoral duties. We received fewer complaints of unlawful use of police orderlies by senior government officials. Several reports were also received about conscientious police officers who foiled attempts by politicians, thugs and political agents at the polling centres to disrupt voting or steal and stuffed ballot boxes. Reports from different parts of the country showed that police acted more professionally than they did during the National Assembly elections. Most (96%) were courteous and also (93%) maintained security at the polling centres. More than 80% oft the monitors rated the performance of the police as either very good or good. In one centre in Ogun State, the police prevented electoral fraud by disallowing some false INEC officer from taking ballot papers. Similarly in Chachaga in Niger State, police prevented party agents from exercising overbearing influence in the voting process.

Police Presence at the Polling Centres
One of the observed lapses during the last National Assembly elections was the lopsided deployment of police such that at some polling centres there were many police officers while in most centres, police presence was inadequate. The Commission in its preliminary report on that election indicated that the appropriate authority will ensure better deployment of the police so as to maintain adequate security at the polling centres during the presidential and gubernatorial elections. Monitors reported better deployment of police officers leading to greater coverage of polling centres. In addition, the police were assisted by members of other paramilitary organizations like the Customs, Immigration, Prisons, Traffic Warden, Road Safety Corps as well as volunteer groups such as the WAI Brigade and Civil Defence Corps. Also, patrol by the police and the army was introduced in some parts of the country. As a result of these measures, the security environment for the presidential and gubernatorial elections was enhanced.

However, reports by several monitors indicated that police were still absent at several polling centres in Lagos, Borno, Kaduna, Imo and other states. A Monitor reported an instance where a police officer was assigned to cover four polling centres Nos. 009-012 in Ehime Mbano LGA of Imo State. The exhausted officer was reported to be left alone to contend with shooting and snatching of ballot boxes by thugs in two of the centres. A similar situation was also reported in Lagos state where a single officer was allocated to cover Centre 013 Ward 7 Centre 012 Sogunle E1 Ward in Oshodi/Isolo LGA of Lagos state.

Use of Force
The gubernatorial and presidential elections witnessed heavy presence of armed security personnel in some parts of the Federation. This was to prevent breakdown of law and order, especially in the light of incidences of violence experienced in some sections of the country during the National Assembly elections. However, only in few cases were armed police observed at the polling centres.

Allegations of Improper Police Conduct
Notwithstanding an overall satisfactory performance and conduct of the police during the presidential and elections, the Commission is aware of allegations of improper conduct by some police officers. Among such conduct were:
1. Collusion with politicians to scare opponents from polling centres, for example in states like Rivers, Akwa Ibom, Kogi, Enugu, Anambra, Imo, etc.
2. Collusion with political party agents and thugs to stuff ballot boxes
3. Receiving bribes from politicians so that they can stuff ballot boxes
A good example of these cases was in Akwa Ibom at Ikot Udoro Oku village Hall centre with code 001, where the police failed to act in the face of violence and rigging. Similarly, at Udi Enugu, there were reports of police collusion with politicians to undermine the credibility of the electoral process. These behaviours are unacceptable and any officer discovered to be involved in such conducts will be severely dealt with. The Commission is determined to investigate these cases and bring the full weight of the law on police officers determined to have been involved. However, most people who allege these misconducts fail to provide the Commission with the identity of the culprits. Members of the public are urged to assist the Commission with necessary information on such officers. Internal administrative mechanisms are being employed to identify those on whom some information is available so that appropriate disciplinary measures may be taken.

Conclusion
The State Assemblies elections will be conducted on the 3rd of May 2003. The Commission assures the public that the police will further improve on their performance based on the experiences gained during the past elections. We seek your cooperation in ensuring that the elections are held under a free and fair atmosphere.

There is need for continuing vigilance in the days ahead. In any election, there will be winners and losers. Aggrieved parties are entitled to seek redress. But they must do so in accordance with the rule of law. They must not resort to violence. Victors must also be sober given the history of elections in our country. This is not the time for arrogant insensitive or provocative utterances and celebrations. We must all join hands together to build the culture of democracy, rule of law, justice and tolerance in our country.

Thank you all and God bless.

Chief Simon Okeke, FNIVS, FRICS
Chairman of the Police Service Commission

Abuja, 22nd April 2003

POLICE SERVICE COMMISSION (PSC)

Preliminary Report on the Conduct of the Police in the National Assembly Elections, Held on Saturday, April 12, 2003

Introduction
The Police Service Commission (PSC) monitored the conduct of police officials in the National Assembly elections held on Saturday, April 12, 2003. The Commission deployed a total of 185 roving monitors to the 36 states of the Federation and Abuja, at an average of 5 monitors per state. This preliminary report is issued based on the observations of the roving monitors. The final report of the Commission would be published at the end of all the elections.

A review of the conduct of the police in the National Assembly elections may not be appreciated without an understanding of police performance in previous elections; safety and security concerns of the public in the ongoing elections; the powers of the Police Service Commission to monitor police conduct and issues covered in the guidelines on police conduct during elections, which were published by the Commission prior to the commencement of the elections. These are discussed below under the section dealing with the background to the monitoring exercise, before the presentation of the Commissions observations and conclusions on police conduct during the National Assembly elections.

Background to the Monitoring Exercise
Past elections in Nigeria have been characterized by varying degrees of violence, intimidation and fraud. As a result there is widespread cynicism towards the electoral processes in the country. The Police have been accused in the past of being used by politicians to intimidate opponents and to rig elections. The loss of confidence in the Police had been so high that a number of politicians have had to engage private security forces to serve as a counterpoise to the official Police Force.

The protection of human life, voters, electoral materials and officials, and the preservation of lawful and orderly electoral processes are necessary for free and fair elections. Police have a crucial responsibility to ensure security so that citizens can elect their leaders under a peaceful atmosphere devoid of corruption, fraud, fear, coercion, intimidation and violence. It is the belief of the Commission that the Police in a democratic society are never called upon to perform any role more important or honorable than this.

However, events in the build up to the ongoing elections raised public fear about the safety and security of those participating in the process as voters, election officials, party candidates or polling agents. This anxiety is further heightened by the fact that transition from one civilian government to another has been a turbulent process in the history of Nigeria. It is, therefore, essential that Police Officers on election duty display the highest level of professionalism and sense of duty in order to reassure the voters that their safety and security are guaranteed, hence the decision of the Commission to issue the guidelines on police conduct during elections and to deploy roving monitors to observe police adherence to the guidelines.

Powers of the Police Service Commission
Questions may be asked about the powers of the Police Service Commission to embark on this exercise. The PSC is a constitutional Commission established under section 215 of the Constitution of the Federal Republic of Nigeria of 1999. Its functions and powers are regulated by the Police Service Commission (Establishment) Act, No. 15 of 2001. Under Section 6 of this Act, the PSC is responsible for:
(a) appointing and promoting all officials of the NPF (other than the Inspector-General of Police , IGP);
(b) dismissing and exercising disciplinary control over the same persons;
(c) formulating policies and guidelines for the appointment, promotion, discipline and dismissal of officers of the NPF;
(d) identifying factors inhibiting and undermining discipline in the NPF;
(e) formulating and implementing policies aimed at efficiency and discipline within the NPF;
(f) performing such other functions as, in the opinion of the Commission are required to ensure optimal efficiency in the NPF; and
(g) Carrying out such other functions as the President may from time to time direct.
Issues Covered in the Guidelines
The guidelines for the conduct of police officers on electoral duty covered ten important issues, which the police were obliged to observe during elections. These include:
· Alertness
The police should be alert in carrying out their electoral duties and preventing incidents that could lead to disruption of voting or other election related activities.
· Approachability
The police must be courteous, approachable and accessible to the voters who might need their assistance.
· Professionalism
Professional conduct and appearance must be maintained by the police on election duty.
· Maintenance of Impartiality
The police are obliged to be fair and if necessary, firm to all persons within his or her vicinity of deployment without discrimination on the basis of ethnicity, gender, religion, language, political opinion, national origin, property, birth or other status.

· Use of force
Force should be used by police officers only when strictly necessary and such use of force should always be proportional to lawful objectives.
· Wearing of Identification Tags
The police should wear identification tags in bold print, for easy identification by the voters, monitors and observers.
What follows is the Commission’s assessment of the police conduct during the National Assembly elections and adherence to the foregoing guidelines.

Performance of the Police
The Commission has received the report of its monitors on police conduct during the last National Assembly elections across the country and is satisfied that most police officers on election duty discharged their responsibilities satisfactorily and in accordance with the law. Most of them reported at duty promptly in spite of transport difficulties. Reports of the monitors showed that on the average, police arrived at the polling stations at 8.00 a.m. In many cases, it was reported that they were the first official(s) to arrive at the polling centre.

The Commission is also satisfied with the performance of the police officers. The preliminary analysis of the reports submitted by the monitors showed that 92% of the officers were courteous; 90% of them maintained order, while 82% ensured security at the polling stations. Report also showed that 84% of the police officers on election duty remained at their duty post throughout the election period.

Police Presence at the Polling Centres
The Nigeria Police Force tried to deploy the available personnel as wide as possible. In the deployment of officers, priority was given to places where threat to security of life and property was most likely. Reports by several groups of monitors indicated that police were absent at several polling stations. Monitors deployed by the Police Service Council reported that police were absent in 14% of the centres monitored. This problem must be understood in the light of the strength of the Nigeria Police Force which is about 220,000 personnel. There were 120,000 polling centres for the elections. If all the officers were deployed, there would have been less than two police to a centre. However, it is practically impossible to deploy all officers to election duty because normal security and other essential functions must be maintained. The implication is that the strength of the police force must be strengthened in the future. Notwithstanding, it was observed that there was disproportionate distribution of police officers at polling centres such that many police were posted to some, one or two to most centres and none in some. The deployment of the police will be addressed in the next elections in order to ensure better spread.

Use of Force
The use of force is a serious concern in police work, especially where and when violence is anticipated. There are national and international principles relating to the use of force by the police. Monitors reported that 20% of the police attached to polling centres were armed. However, there was no report of any instance in which the use of weapon by the police resulted in the death of a person, in spite of provocation and assault against police and electoral officers at many centres across the nation. Observers reported the use of force in 4% of the centres observed. However, the monitors reported that the use of force was necessary in 58% of the situation and proportionate to the threat in 53% of the cases in which force was used. The overall picture was that the armed police did not conduct themselves in any way that may be interpreted as an attempt to intimidate voters from casting their ballot or casting it in favour of any particular candidate. The Commission nonetheless observed that a few public officials gave improper orders to their police orderly. This is unacceptable and will not be condoned by the police authority.

Conclusion
Although the Commission is satisfied with the performance of the police during the National Assembly elections, it recognizes that there is room for improvement. The challenge of security will be greater during the gubernatorial and presidential elections. Therefore, the police authorities must adequately prepare for the elections and ensure better spread of personnel and more effective security arrangement during the elections.

The Commission wishes to commend the Inspector-General of the Police, the Officers and the rank and file of the Nigeria Police Force for their performance during the National Assembly elections. The Commission also commends the personnel of other security agents and groups which complemented the efforts of the police as well the electoral officers and members of the public which extended their cooperation to members of the police in order to ensure that violence and breaches of security were minimized during the elections. It is the hope of the Commission that the police will enjoy the cooperation of all during the remaining elections.

Chief Simon Okeke, FNIVS, FRICS
Chairman of the Police Service Commission