The Case for Early Elections in Nigeria
Samson Itodo, a Nigerian lawyer and founder of Yiaga Africa, an organization dedicated to promoting democracy in Africa, discusses the importance of adjusting the electoral calendar. He supports the proposal to hold elections earlier than scheduled, arguing that it will enhance the integrity and efficiency of the electoral process.
Why Adjust the Electoral Calendar?
The proposal under consideration involves amending the Electoral Act 2027 to ensure that the next general elections are conducted in 2026 rather than 2027. This adjustment is driven by two main reasons: first, to resolve electoral disputes before the swearing-in of the new administration on May 29, and second, to avoid potential constitutional crises.
The Constitution stipulates that elections must not be held earlier than 150 days or later than 30 days before the end of the current administration’s term. This means that if elections are delayed, they could conflict with the timeline of the current leadership’s tenure. Additionally, there have been instances where elections require runoffs, which further complicates the schedule.
The Legal Process and Time Constraints
Resolving electoral disputes can take up to nine to ten months, considering the time required for litigation at various levels, including tribunals, courts of appeal, and the Supreme Court. If elections are scheduled for February 2026, this timeline would mean that disputes would not be resolved until after the swearing-in date, leading to uncertainty and potential conflicts.
To address this, the proposal suggests shortening the litigation period or limiting the jurisdiction of certain courts. This would allow for a more efficient resolution of disputes before the new administration takes office.
Institutional Preparedness and Challenges
One concern raised is whether institutions such as the Independent National Electoral Commission (INEC), political parties, and security agencies will have enough time to prepare for early elections. According to Itodo, the answer is no. The amendment process needs to conclude quickly to avoid overwhelming these entities.
Political parties, for instance, would need to organize primaries earlier than expected, which could create logistical challenges. Similarly, INEC would face immense pressure to deliver a smooth election process. Itodo emphasizes that the earlier the National Assembly concludes the amendment, the better it will be for all stakeholders.
Impact on Governance
Another fear is that holding elections earlier could negatively impact governance. However, Itodo argues that governance has already been affected by the early start of campaigns. Political actors have been actively campaigning for months, creating a climate where government operations are increasingly focused on the election cycle.
This situation raises concerns about the effectiveness of governance. Itodo calls on civil society organizations to continue advocating for stricter regulations on campaign activities. He also highlights the need for the law to be strengthened to criminalize unauthorized campaign activities by third parties.
Benefits of the Proposal
Beyond legal compliance, the proposal offers several advantages. It provides clarity for INEC and other institutions, allowing them to focus on their responsibilities without distractions. It also gives the judiciary time to resolve post-election disputes without political interference.
Additionally, the proposal ensures that all stakeholders, including security agencies, have time to plan and prepare before the swearing-in ceremony. This creates a “clean slate” for the new administration to begin its term.
Implications for Political Parties
If the bill passes, Itodo advises INEC to carefully review the timelines for registering new political parties and mergers. The law currently requires political parties to register 12 months before an election, and mergers to be finalized nine months in advance. Any changes to the electoral calendar could disrupt these timelines, requiring careful coordination.
He also urges politicians to study the law thoroughly and seek legal advice if necessary. They should engage with the National Assembly to voice any concerns and ensure that their interests are represented.
Final Thoughts
Itodo emphasizes the importance of strategic engagement with the National Assembly. He encourages politicians to make their case and ensure that the law is implemented effectively. With proper attention to detail, the proposal could lead to a more transparent and efficient electoral process in Nigeria.
