YOUTH POSITION PAPER ON CONSTITUTIONAL / ELECTORAL REFORM IN NIGERIA

YOUTH MEMORANDUM ON ELECTORAL REFORM IN NIGERIA, SUBMITTED TO THE SENATE COMMITTEE ON CONSTITUTIONAL REVIEW AT A NORTH-WEST PUBLIC HEARING HELD ON THE 14^TH AND 15^TH DECEMBER, 2009 AT SANI ABACHA STADIUM (INDOOR HALL), KOFAR MATA, KANO

Protocols:

On behalf of the United Action for Democracy, UAD (North-West Zone) and Youth Coalition on Electoral Reform, North-West Wing, it is my pleasure to present the Youth Memorandum on the Constitutional & Electoral Reform to the Senate Committee on Constitutional Review. This paper is an attempt to capture and communicate the position of Nigerian youth on the Constitutional/Electoral Reform in

Nigeria

Nigerian youths celebrate the initiative taken by the President, His Excellency, Alhaji Umaru Musa Yar’adua to inaugurate the Electoral Reform Committee (ERC) and the bold step taken by the National Assembly to review the constitution at the instance of Executive bills being forwarded to it. We commend the Committee for requesting the general public to submit memoranda and for organizing hearings. Thus, this effort sets the ball rolling towards entrenching electoral justice in

Nigeria

. Participation by young people is crucial because if young people do not participate, both the process and the final document will be useless and irrelevant to democratic renewal that is so badly needed in the country. It is necessary that young people not only participate in the process but also should have easy access to the process and the final constitution; understand it and use it in the defence of their individual and collective rights

Overview:Bad elections have great consequences for this nation. At best it gives birth to a weak government which inflicts distress upon the people. Unfortunately, the people as whole pay the price, most especially young people, left on margins, neglected and forgotten in poverty and misery. Our civil life cannot be complete if the ideas and opinions of young people are missing from campaigns and grassroots effort to change policy. The process must take on board the involvement of young people at all levels in debating freely the content of the constitution and Electoral reform. Youths should be worked with and not worked for. Youths should be seen and heard at the same time

The youths of this generation stand on the threshold of remarkable history. With over 68% of

Nigeria

’s population as youth, we occupy the largest block. We are called the leaders of tomorrow but with the way the leaders of today are carrying on, tomorrow is already compromised and if nothing is done to ARREST the situation NOW, there will be no tomorrow for us to lead. And that has informed the formation of our coalition to push issues on political reforms to the front burner of national engagement.

While many governments and social institutions are struggling with the idea of youth participation and other even questioning its usefulness, some governments have evidently taken good initiatives to promote youth participation. Under the provisions of the National Youth Statute of 1993 and the Parliamentary Act of 1995, five young people between the ages of 18 – 30 are elected to the national government in

Uganda

. The law also states that one of the five should be a female representative, representing the interests of young women. This provides a powerful platform for the young to raise their concerns and influence policy at all levels. The government of

Germany

made a landmark provision which sits a young person in the National parliament to represent and protect the interest of young persons in the country. At the point of that landmark pronouncement, an 18 year old young female got the nomination.

As a coalition, having critically examined the state of affairs in the country, we consider credible electoral system as the only foundation upon which the pillars of good governance can be erected if we are to arrive at the beautiful edifice of sustainable development in the

Nigeria

of our dream. In support of a credible electoral reform and constitutional reform as the lynch-pin for participatory democracy, we the youths propose action on three broad spectrum, namely Independence and efficient electoral management body, increased youth participation in democratic processes, constitutional and legal framework.

About the Youth Memorandum on Electoral Reforms in Nigeria: This memorandum would address strategic issues as identified by young people at the different youth roundtables and dialogue forums organized at different zones across the country:

1. Mainstreaming Youth in electoral and political processes: On the average, youths represent a mere 5% of all elected legislators worldwide and we remain underrepresented in most national and international administrative structures. Yet youths constitute the largest block of our population. Section 40 of the 1999 Constitution confers upon all citizens the right to democratic governance and Section 77 (2) states that every citizen in Nigeria who has attained the age of 18 residing in

Nigeria

at the time of registration of voters for purposes of election shall be entitled to be registered as a voter for that election. By virtue of Section 77 (2) and Section 65 (1) (a) & (b) youths can only vote and not be voted until they attain they ages of 30 years for House of Representatives and 35 years for Senate. Young people have much to contribute to the democratic process. With their vital experience and activism, they can engage positively in constructive debate on development in the polity. Their personal knowledge of what it means to grow up and live in Nigeria – enduring practical everyday problems of which politicians with a steady income may have no experience – allows young people to make decision-makers aware of the implications that their decisions have on the lives of citizens: and specifically, the future of our democracy.

2. Addressing the issue of Partial Franchise: Franchise is the right to vote and be voted for. Unfortunately, franchise is only a right to vote in

Nigeria

as one is free to vote only when such is 18 and above. The complementary part of being qualified to be voted for is delayed till a certain age. In the spirit of social justice, this should be properly contextualized. Once you are eligible to vote, you should be eligible to be voted for.

We posit that franchise be protected from a constitutional point of view with a provision that allows the voter to be voted for. The intellect involved in making a choice of vote approves the right of being voted for. Besides, the scourge of HIV/AIDS, natural disasters, conflicts and other exigent situations has contributed an interesting perspective to the whole issue of democratic deepening and franchise. Youth (around age 18) have been forced in several circumstances to assume leadership and control of communities, owing to death or invalidity of seniors. These emergency leader-youths definitely deserve to be protected by law to seek leadership of their constituencies through elections.

3. Poverty eradication as an electoral reform component: The socio-economic environment within which elections are conducted cannot be divorced from the outcome of those elections. In

Nigeria

, poverty is a known socio-economic challenge plaguing the majority of the population. Poverty compromises the capacity of the electorate to pursue and promote credible, free and fair elections in the country. It is an absolute fact that

Nigeria

’s electoral demographic is mostly made up of young people. Within the framework of electoral reform, the Nigerian government at all levels must take adequate measures to alleviate poverty which has contributed extensively to compromising the credibility of elections and electoral outcomes in

Nigeria

. Since poverty affects the capacity of the electorate to promote, uphold and pursue credible elections and the electorate is largely youth, it is instructive to focus on poverty alleviation in a bid to enhance electorates’ capacity to ensure electoral credibility in

Nigeria

4. Affirmative action for increased youth policy participation in government: Given that 68% Nigeria’s population is made up of young people between the ages of 18 & 35 and coupled with the fact that young people deserve increased policy participation, we firmly posit that the Nigerian Constitution should guarantee the youth participations at all levels of government . The same goes for nomination as Ministers, Ambassadors, Special Assistants and Special Advisers where we recommend that, at least, 10% of these portfolios should be dedicated to young people.

5. Youth Electoral Support (YES) Fund: The Federal government through INEC should be mandated by a constitutional provision to set-up a Youth Electoral Support (YES) Fund. The YES Fund should be statutorily funded through a contribution of 5% of INECs statutory allocation from the Consolidated Revenue Fund at federal level and 5% of Special SIEC Fund at state levels. The YES Fund should serve as a financial resource pool for youth political aspirants to draw from to meet the costs of seeking elective offices in

Nigeria

. The Constitutional or Electoral Act provision should equally mandate the Political Parties to contribute 5% of their yearly income towards this YES Fund both at state and federal levels

Definition of youth: We submit that the Constitution should include a clause definition of youth. For the purpose of this submission, youth should be defined as anyone between the ages of 18 and 35.

Our Position and Recommendations:

1. Independent Candidacy: Section 65 (2) (b), S106, S131, and S177 of the 1999 Constitution should be amended to make provision for an individual to run as an independent candidate. One means by which the political space can be opened is to accommodate independent candidature. It is our opinion that qualified persons who do not wish to join any political party for ideological or personal reasons, should have the right to run for elections as independent candidates. This contributes to enhancing the deepening of our democracy.

2. Independence and Composition of Independent National Electoral Commission – INEC:The building block of any democracy is credible free and fair elections. The electorate must believe in the sanctity of their votes. Needless to say that

Nigeria

’s elections have always been marred with a lot of irregularities and electoral malpractices. This unappealing situation is attributed to the fact that Electoral Management Bodies have not been independent of the incumbent government. Electoral Management Bodies (EMB) such as INEC are constitutionally required to serve as unbiased umpires. There can’t be free and fair elections if institutions charged with the constitutional authority to organize elections are not impartial and independent. The institutional design and set up will determine whether the Electoral Management Bodies (EMB) will act independently or not during elections. We subscribe to the popular view as recommended by the electoral reform committee that the most proficient approach to secure impartiality and independence of INEC is to remove the INEC from direct executive control. In other words, the power to appoint the electoral commission chairman must be removed from the presidency. The President is adjudged to be the leader of a ruling party, therefore vesting him with powers to appoint the chairman of the commission does not conform to the doctrines of fairness and equity. It is argued that this does not guarantee non – partisanship of the commission and its independence.

3. Appointment Process: We strongly support the electoral reform committee’s on the appointment of the Chairman of the electoral commission that the National Judicial Council (Which is the only arm of government that is non-partisan and trained to be impartial) be responsible for receiving applications from the general public, shortlist candidates and forward same to the council of state and to the senate for confirmation.

4. Composition of INEC Board (Youths must have a slot on the board): The electoral reform committee recommendation and the executive bill failed to include youth representatives on the board of the electoral commission. It amounts to absolute neglect of the youths. The board should be constituted to reflect various interests in the society. Democracy is about numbers. Youths constitute a larger percentage of our population and so cannot be neglected. We have power in our numbers therefore our interest must be reflected on INEC board. In addition to the recommendations already made, we demand that there should be youth representatives on the board of the electoral commission.

5. The power to appoint the Chairman of INEC should be removed from the Presidency: The position of the Chairman of the Commission should be advertised. The National Judicial Institute shall consider the applications, shortlist candidates and forward same to the council of state and to the senate for confirmation. The commission is among the federal executive bodies established pursuant to Section 153 (1) of the 1999 Constitution. Therefore we propose that Section 153 of the constitution should be amended to remove INEC from direct executive control.

6. The composition of INEC board should include at least 1 youth representative between the ages of 18 to 35.

7. Section 155 of the 1999 Constitution should be amended to provide that the tenure of office of the Chairman and members of the board of INEC shall be five years from the date of appointment, renewable only once.

8. Section 84 of the 1999 Constitution should be amended to give the effect that the recurrent expenditure of INEC shall be a first line charge on a Consolidated Revenue Fund of the Federation. This includes salaries and allowances of the members of the commission.

9. There is a great need to reform the legal and constitutional framework governing elections in

Nigeria

. Because, electoral offenders are celebrated, occupy public offices and go ahead with their daily lives without fear of being prosecuted. The Electoral Act 2006 should be reviewed to contain provisions that provide severe punishment for electoral offenders. The law should criminalize most of the electoral malpractices that undermine the credibility of elections.

10. Language: Language is a veritable tool for communication. There is no gainsaying that the language of the 1999 Constitution is too technical for an average Nigerian to read and understand. The constitution as ground norm of any given society is meant to be understood by every citizen for effective implementation and enforcement of citizens’ rights. We posit that the Committee must take into consideration, the language and terminologies to be employed in drafting a new constitution. The market woman, the petty trader, the cobbler on the street, the security guard, the messenger, the road-side mechanic, undergraduate and the graduate should pick up the constitution, read and understand it.

11. Party registration: Section 222 of the constitution and the electoral act 2006 should be amended to remove from INEC the power to register and monitor political parties. The powers should be vested in a new body to be known as Political Parties Registration and Regulatory Commission.

12. Electoral offences: Section 174 (c) of the 1999 Constitution should be amended such that the constitutional power of nolle prosequi vested in the Attorney-General of the Federation or of a state does not apply to electoral offences.

13. The Electoral Act 2006 should be amended to establish the Electoral Offences Commission. The Commission shall coordinate, enforce and prosecute all electoral offences.

14. The composition of the Commission shall have members who are of unquestionable character and non-partisan.

15. There shall be a youth representative on the board and the chairman shall be appointed by the National Judicial Council subject to confirmation by the Senate.

16. Determination of electoral disputes: Section 285 of 1999 constitution should be amended to specify the period for considering petitions as follows: the determination of cases by tribunals should take four months and appeals should take a further 2 months, a total of 6 months.

17. Section 149 of the Electoral Act 2006 should be repealed. No elected person should assume office until the case against him/her in the tribunal or court is disposed of.

18. Sections 132 (2) and 178 (2) of the 1999 Constitution should be amended to appoint a single date for presidential and gubernatorial elections which should be held at least six months before the expiration of the term of the current holders of office. In that way, victories in earlier elections do not influence other elections.

19. Cross Carpeting: Section 68 (1) (g) 1999 constitution prohibits cross carpeting for members of the Senate and House of Representatives. There exists a lacuna in Sections 135 and S180 1999 Constitution the import of which does not prohibit cross carpeting for the President and Governor. S135 and S180 should be amended to make cross carpeting a ground for removal of office for the President and Governors.

20. Section 65 (1) (a) should be amended to reduce the age limit to 30 years for Senate. Section 65 (1) (b) and Section 106 (b) should be amended to reduce the age requirement to 25 years for House of Representatives and state houses of assembly.

21. Section 65 (2) (a), Section 106 (c), S131 (d) and S177 (d) should be substituted by elevating the education qualification to a university certificate or its equivalent.

22. Proportional Representation: Section 49 of 1999 Constitution should be amended to ensure that 30% of party lists under the proposed proportional representation system are reserved for women, 10% for youth and 5% for physically challenged persons without prejudice to their right to also compete for representation under the First – Past-The-Post-System.

23. Section 49 and Section 91 of the 1999 Constitution should be amended to make provision for a permanent seat for Youth.

24. Chapter 2 and Chapter 4 of the 1999 Constitution should be harmonized to make all the rights contained therein justiciable and enforceable. Chapter II of the constitution contains fundamental objectives and directive principles of state policy. This is to the effect that the violation of rights contained under Chapter II cannot give rise to a cause of action.

Conclusion:For us, the fundamental reason for electoral reform is to restore the electoral sovereignty back to the people – the voters reform should therefore be tailored to establish confidence of the masses in electoral processes of the country. Ordinary people like youths suffer the most from votes theft and mandate denial as they are being ‘robbed’ of their rights of selecting whom they want to lead them. It has to be stated here emphatically that the power of vote has to be restored to the people.

The votes must simply count! We think that other stakeholders will be interested to share power between and among them at the expense of the common man. We will be watching to see if the benchmarks to establish proper reforms would be accepted both by this committee and the government at the end of the hearing and the entire review process.

We will be looking forward to see if the youthful sovereignty will be realized through this reform process by having young people placed on the composition of INEC and by fully restoring the youth franchise.

Signed by: