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Electoral Reforms And Political Stability In Africa

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In many third world democracies, electoral reforms with the hope of making elections open, free, fair and acceptable to all the key stakeholders remain on top of the public agenda.  This paper discusses the topic “Electoral Reforms and Political Stability in Africa”.  It uses Zambia as the main case study.

A combination of two reasons suffices as to why most African countries should undertake electoral reforms. The first is that most African States were under British colonial rule and upon independence, adopted the Westminster constitution and the political arrangements that went with it. The electoral systems they adopted were not a product of a broad-based internal debate in which citizens had a chance to make submissions on the kind of system they wanted to see in place in their country. The second reason is that where limited changes have been introduced in the electoral systems, they were hardly ever debated and, in most cases, were partial and cosmetic rather than comprehensive and substantive. The result of these two factors has been political instability in some cases.

It is increasingly becoming a trend in Africa, that, whilst elections are supposed to anchor and ensure sustainable growth in democracies, in some countries elections have become a liability. This, therefore, calls for an amendment in certain African countries, to current electoral processes in order to reflect the present realities in the region as well as to adhere to international best practice standards. A number of African countries have resolved to undertake electoral reforms. A good example is Lesotho. The country adopted the Mixed Member Proportional System (MMPs) after its controversial 1998 elections. The move to the MMP was considered appropriate as the FPTP tended to exclude significant players in Lesotho’s political life.

Broadly, stakeholders must pay particular attention to two key areas· to improve elections in the region, namely election administration and electoral system design.

As an area of reform, election administration has to do with how elections are organised and managed. Election administration is a process which is as critical as the electoral outcome itself. Certain questions need to be asked to determine specific areas of reform and how reforms should proceed. These include: how elections are organised; how they are managed; and what regulatory frameworks are in place to ensure the credibility of the electoral process and the legitimacy of its outcomes.

Another area of reform is electoral system design. Electoral systems are methods of translating votes into seats. There are two main electoral systems used in most parts of Africa; the Single Member Plurality System, or first-past-the-post (FPTP), and the proportional representation (PR) system. The FPTP system is one were electors vote for one candidate in single-member constituencies, and the candidate who wins the most votes is elected, whether or not he or she wins a majority of the votes cast. In the PR system, the commonly used variant is the party list. The party list of candidates is usually equivalent to the number of seats in the House. The winner is determined by a calculation of the total proportional seats of each party relative to the overall valid votes cast. In Southern Africa, Botswana, Malawi, Tanzania, Zambia and Zimbabwe practice the FPTP system whilst Mozambique, South Africa and Namibia have a PR system.

In order to help define the vision and objectives of the electoral reform process, Reynolds, Reilly and Ellis isolated 10 key criteria that could prove useful to guide the process, namely:

Ensuring a representative parliament and inclusive government;

Making elections accessible and meaningful;

Providing incentives for conciliation and constructive management of conflicts;

Facilitating stable, transparent and efficient government;

Holding the government accountable and responsive;

Holding the elected representatives accountable and responsive;

Encouraging “cross-cutting” political parties;

Promoting legislative opposition and oversight;

Making the election process cost-effective and sustainable; and

Taking into account international norms and standards (2005:9-14).

The above criterion is neither meant to be prescriptive nor suggestive. Granted, each African country has its own peculiar historical, socio-economic and political contexts and must decide for itself which of the above factors to include in its reform process.

The Zambian Situation before the era of  multipartyism in the 1990s, the election process in the country was managed by the department of elections under the Vice President’s office.

However, some people had a negative perception of the department of elections, viewing it as a compromised entity since it was under the charge -of- the Vice President’s office. In addition, the department was thought to be involved in rigging of elections with the sole purpose of keeping the ruling party in perpetual power.

In 1996, after multi-party politics had been in existence for some time, the Constitution was amended to provide for the creation of an independent electoral commission. Article 76(2) of the Constitution of Zambia, 1996, states that “An Act of Parliament shall provide for the composition and operations of the Electoral Commission appointed by the President under this Article.” This entails that the Parliament of Zambia is empowered by law to determine the operations of the Electoral Commission. According to the Constitution of Zambia, Article 76(1), the operations of the Electoral Commission include “ … to supervise the registration of voters, to conduct Presidential and Parliamentary elections and to review the boundaries of the constituencies into which Zambia is divided for the purposes of elections to the National Assembly.” As can be noted, the Constitution does not provide for the composition, powers and operations of the Commission; these provisions are found in the Electoral Commission Act, No. 24 of 1996 and the Electoral Act.

Section thirteen of the Electoral Act of 1991 provided that in the exercise of its functions under the Constitution, the ECZ shall not be subject to the direction or control of any other person or authority. In addition, the Act provided for the appointment of commissioners and officers as well as the functions of the Commission. The appointment of commissioners was to be scrutinised by a parliamentary Select Committee and ratified by the House. However, the performance of the Electoral Commission of Zambia under Justice Bobby Bwalya during the 2001 elections came under scrutiny as a result of the use of the Nikuv register which majority of Zambians claimed had been used to rig elections. The controversial Nikuv register and general concerns raised during the 2001 – elections Prompted the then president, the late Dr Levy Nwanawasa to make a decision to improve the functions of the Electoral Commission of Zambia in order to safeguard its legitimacy by appointing the Electoral Reforms and Technical Committee (ERTC) to make recommendations for electoral reforms.

In August, 2005, the ERTC submitted its final report containing recommendations which could revolutionise the electoral system and make it relevant to the multiparty political environment in Zambia. Some of the recommendations in the ERTC report include:

1. Electoral System – Zambia should adopt a Mixed Member Proportional System, which combines the FPTP and the PR systems. Under this system, it is proposed to have a 200 Member Parliament, excluding the Speaker. Out of the 200, 40 members should be nominated by various political parties, on the basis of the proportion of votes received in the FPTP Constituency. These seats should consist of women, differently abled persons and young persons;

2.The Electoral Commission of Zambia – the independence of the ECZ should be expressly provided for in the Act. The ECZ Commissioners should be appointed by the President upon the recommendation of the Judicial Service Commission and ratified by Parliament. The ECZ should conduct continuous voter education;

3. Electoral Law – All the laws pertaining to the electoral process be harmonised, rationalised and consolidated; and

4.Government funding of Political Parties and disclosure of source of Funding – political parties which have representation in Parliament or

Local Councils should be funded and that this political party financing should be subjected to efficient Government controls.

In response to the ERTC recommendations, the Government of Zambia introduced very limited legislative changes to electoral procedures in mid-2006, including an electoral code of conduct and limits on politically-motivated donations and handouts, all contained in the Electoral Act No. 12 of 2006 which replaced the Electoral Act of 1991. Majority of the recommendations are yet to be implemented.

Parliament made recommendations to the ERTC with the aim of enhancing Parliament’s representativeness. The following were some of the recommendations:  1.  The electoral system must provide for a two round ballot system or run­off, which is important in a presidential system such as exists in Zambia, whereby the top two or three candidates are subjected to a second round of votes to ensure that the eventual winner is elected by more than a 51 percent majority;

2.         the Electoral Act should provide for the Electoral Commission to be representative of the major non-governmental institutions in the country. The Act should provide for the President to request different institutions such as Trade Unions, Professional Associations and Church bodies to recommend three individuals from among them to sit on the Commission. The names should then be submitted to the President who should nominate one person from among each of the three recommended by their respective institutions. The nomination of these individuals would then be ratified by Parliament. The Electoral Act should also empower the Commission to hear Electoral petitions which, upon determination, by the Commission can be heard on appeal by the High Court;

Muntanga is a member of the Zambian National Assembly

 

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CSO Seeks Review Of Judgment Sacking Zamfara Rep For Joining APC

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A coalition of civil society organisations has called for a review of the judgment of the Federal High Court, Abuja, which sacked Hon. Abubakar Gummi, the lawmaker representing Gummi/Bukkuyum Federal Constituency of Zamfara State, for defecting from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC).

Operating under the umbrella of the Coalition of Civil Society Network, the group described the ruling delivered by Justice Obiora Egwuatu as unfair and contrary to the spirit of democracy, urging the judiciary to consider the will of the people in its final determination of the matter.

Justice Obiora Egwuatu of the Federal High Court, Abuja, had on Thursday, October 30, sacked Gummi for defecting from the PDP, which sponsored his election, to the APC.

In his ruling, Justice Egwuatu held that it was morally wrong for a politician to transfer votes from one political party to another, stating that “political prostitution must not be rewarded.”

He declared that voters elect candidates based on the manifestos and ideals of their political parties. Therefore, it was both legally and morally unacceptable for an elected official to abandon that platform without relinquishing the mandate.

The court also restrained the Speaker of the House of Representatives, Tajudeen Abbas, from recognising Hon. Gummi as a member of the House, and ordered him to refund all salaries and allowances received from October 30, 2024, to the date of judgment.

Justice Egwuatu further directed the Independent National Electoral Commission (INEC) to conduct a fresh election within 30 days to fill the vacant seat.

The suit, marked FHC/ABJ/CS/1803/2024, was filed by the PDP and its Zamfara State chairman, Jamilu Jibomagayaki, who argued that Hon. Gummi’s defection violated Section 68(1)(g) of the 1999 Constitution (as amended), as there was no division within the PDP to justify his action.

But convener of the coalition, Lukman Muhammad, who addressed journalists at a press conference in Abuja on Saturday, said Hon. Gummi’s defection was a direct result of the unresolved internal crisis within the PDP, which, according to him, crippled the lawmaker’s ability to effectively represent his constituents.

He said: “We believe the court’s decision was unjust and failed to consider the circumstances surrounding Hon. Gummi’s defection. Gummi’s decision to join the APC was necessitated by the unresolved internal crisis within the PDP, which hindered his ability to effectively represent his constituents.

“We affirm that Hon. Gummi’s right to choose his political affiliation is protected by the Constitution and should be respected. We stand for democracy and the rule of law, while also urging the judiciary to consider the will of the people and the greater good”.

He urged Justice Egwuatu to review the judgment, stressing that the ruling could set a dangerous precedent that undermines the principle of fair representation and the rights of elected officials.

The coalition further noted that the judgment has broader implications for Nigeria’s democratic process, as it raises questions about the extent to which lawmakers can exercise their constitutional freedom of association without fear of losing their mandate.

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PDP, NNPP, Others Blame Tinubu For Defections To APC 

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Opposition parties have accused President Bola Tinubu of using public resources and anti-graft agencies to pressure opposition members into joining the All Progressives Congress (APC).

The parties stated that the APC was on the verge of collapse following the recent wave of defections from opposition parties into its ranks.

In separate interviews with The Tide source, spokespersons for the Peoples Democratic Party (PDP), New Nigeria Peoples Party (NNPP), and the Coalition of United Political Parties (CUPP) —Debo Ologunagba, Oladipo Johnson, and Mark Adebayo – respectively, said an implosion was imminent in the APC.

But the APC Director of Publicity, Bala Ibrahim, stated that recent defections to the party were voluntary and inspired by the ruling party’s achievements, not through coercion. He added that the APC was well-structured, capable of managing its internal affairs effectively, and therefore would not experience any internal crisis.

In recent months, the ruling APC has continued to receive several high-profile politicians from opposition parties, particularly the PDP. Among those who have joined the APC are Akwa Ibom State Governor, Umo Eno, Delta State Governor, Sheriff Oborevwori, and the PDP’s 2023 vice-presidential candidate, Ifeanyi Okowa.

Most recently, members of the Enugu State Executive Council defected to the APC, a move followed by Governor Peter Mbah’s official declaration for the ruling party on October 14 in Enugu.

On October 15, Bayelsa State Governor, Douye Diri, announced his resignation from the PDP. Although he has yet to join another party, speculation is rife that he is on his way to the APC.

Similarly, Taraba State Governor, Agbu Kefas, confirmed last Wednesday that he would be joining the APC.

Numerous other politicians, including several lawmakers, have also abandoned their parties to align with the ruling APC.

In his reaction, Hon. Ologunagba predicted an imminent crisis within the APC, expressing confidence that those who defected would eventually return to the PDP.

He stated, “This is the major political party (PDP), and it is the only democratic party in the country. It has structures cutting across all the local governments, all the wards, and of course all the states. In every home, there are members of the PDP, and that is why the APC are jittery, and that is why they are coercing our members, using state resources and state agencies to force members of opposition parties to join the ruling party.

“But in all this, we are sure and confident that very soon, the APC will implode because it is a multipurpose political vehicle that is not going to last. It is going to implode.

“Many Nigerians will see through it and know that the party is not a political party that protects the interests of the citizens. So, they are going to leave the party and move to the major political party, which is the PDP. We are optimistic that before 2027, many Nigerians will join us because this is the truly democratic party and the only party that is out there to protect their interests.”

On his part, Mr Johnson of the NNPP lamented that the wave of defections posed a serious threat to the country’s democracy.

Mr Johnson said, “This is bad for democracy. For our type of democracy, it is important to have a proper and effective opposition. Already, we’ve seen a blurring of lines between the legislature and the executive; some would even say the judiciary. I hope not. I think many people are observing the trend and are unhappy. However, we need to be a bit more patient and see what happens soon.

“When the PDP was in power for 16 years, it was the party many people rushed into. Over time, it imploded, and many of those who joined it turned against it. So, I see that happening to the ruling APC. Definitely. This is because of the nature of Nigerian politicians; many are driven by personal interests. I always say that Nigeria can never truly be a one-party state. Even if only one party exists, it will become factionalised, with different interests and power blocs. Those pushing the country toward a one-party system may not have studied Nigeria’s political history carefully.”

In his remarks, CUPP’s Adebayo stated that the pattern of defections among politicians, particularly governors and lawmakers, was a deliberate strategy by the ruling party to transform the country into a one-party state.

Mr Adebayo said, “It is not accidental; it is a deliberate and strategic effort to entrench a one-party dictatorship. Whether these defections are forced or coerced, one thing is clear: it is an intentional action driven by the ruling party, particularly the President.

“This development is unhealthy for our democracy. It is shameful and stands against everything democratic principles represent. It is inimical to the growth and development of Nigeria as a democratic nation and poses a grave threat to our political stability.

“The implosion of the APC will come before or once it loses power. Most Nigerian politicians lack ideological grounding or principles; their loyalty lies only with the party in power. Political affiliation is tied to ideology and conviction, not convenience. However, the ideology of most politicians is simply the ruling party. If tomorrow the ADC, Labour Party, or SDP wins the presidency, many of these same politicians will abandon the APC overnight. They have no shame, no conviction, and no conscience. Their only motivation is proximity to power.”

In response, Mr Ibrahim of the APC maintained the APC would not face any internal crisis, asserting that it has the capacity to effectively manage its affairs, unlike the opposition.

He stated, “The fact that the opposition are not organised and they cannot organise primaries, neither can they manage their parties, does not mean we are on the same boat with them. Our party, the APC, has been conducting primaries successfully and rancor-free.

“So, the fact that they don’t know how to manage their party does not mean that is the way we run our own party. The APC does not coerce anyone to join. Those joining are doing so willingly because of President Bola Tinubu’s Renewed Hope achievements. Our party is fully prepared. It’s not going to implode; it’s not going to have any issues similar to the issues they have been having.”

 

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Ndume Blames FG, Senate For Nigeria’s ‘Country Of Particular Concern’ Designation By Trump

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Former Senate Chief Whip and current Senator representing Borno South, Ali Ndume, has blamed the President Bola Tinubu’s administration and the Senate for the tagging of Nigeria by the United States President, Donald Trump, as ‘Country of Particular Concern’.

Senator Ndume, in a statement on Saturday in Abuja, accused both the executive and legislative arms of complacency, saying their failure to proactively engage the United States government on the alleged persecution of Christians in Nigeria led to the development.

The senator recalled that he had earlier sponsored a motion in the Senate on “Christian genocide” in the country. The motion, he said, led to resolutions mandating the Nigerian government to engage the U.S. with verified facts and figures.

President Trump, last Friday, announced the designation of Nigeria as a ‘Country of Particular Concern’ over alleged persecution of Christians.

President Trump made the announcement via a post on his Truth Social platform, which was also shared on the official White House X handle.

“Thousands of Christians are being killed. Radical Islamists are responsible for this mass slaughter,” President Trump wrote.

But the Nigerian government swiftly rejected the claims, insisting that President Trump’s assessment did not reflect the true situation in the country.

However, Senator Ndume accused the President Tinubu’s administration and the Senate of treating the allegation raised by US lawmaker, Riley Moore, with complacency, prior to President Trump’s declaration, and urged the federal government to take urgent steps to engage the US government with facts and figures on the activities of terrorists organisations which, he noted, were blind to faith.

“I have alerted the government, I even moved a motion. Nigeria is a sovereign state, it isn’t about what the United States can do to us, but about the misconception and the ripple effects of classifying us as a country of concern.

“We should engage the American government by presenting facts and figures. By engaging the US government, we should demand that they hear the other side of the story from the Nigerian government and the Muslim community. Muslims have been killed too. The genocide isn’t against Christians but Nigerians generally,” he said.

 

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