The document discusses improving relationships between INEC and election observers in Nigeria. It provides background on the importance of election observation, INEC's perspective, and the legal framework and criteria for accrediting observers. Challenges are outlined such as unaccredited groups and non-submission of reports. Achievements include INEC-organized training and engagement meetings. Recommendations include INEC receiving election plans and observer lists in advance and only supporting accredited missions. INEC is committed to international observation standards with support and cooperation.

1. IMPROVING INEC/ ELECTION OBSERVERS
RELATIONSHIP EVALUATION OF ACHIEVEMENT,
OPPORTUNITES AND OBSTACLES
BY MRS. IKWUNMA HALLIDAY
HOD, ELECTION MONITORING AND OBSERVATION
BEING A PAPER PRESENTED AT A CIVIL SOCIETY /
INEC DIALOGUE ON ANAMBRA STATE
GOVERNORSHIP ELECTION (MONDAY 9TH
SEPTEMBER, 2013) ORGANISED BY PLAC

2. BACKGROUND
• Importance of Election Observation in contemporary
democracies
• Democracy as a system of government has come to be
accepted globally as the most viable system of government
that among other things, provides not only for the welfare of
citizens and guarantees their rights to participate in deciding
who governs them, but also confers legitimacy on those who
govern.

3. • There are many reasons attributed to the importance of
elections observation and some of them include the
following:
• Determining its impartiality in terms of organization and
administration
• The observation and monitoring of elections by
international and domestic observers also boost
confidence in the integrity and fairness of the electoral
process
• When election observers evaluate and attest that the
elections were free and fair, this not only boost
confidence in the electoral process, but it also enhances
participation in the electoral process by the electorates.
• Election observation takes on the role of “a popular seal
of quality” to legitimize new governments

4. Pre 2011 Election Observation
• Election observation is not new in Africa, since colonial
times
• Newly emerging opposition parties are often suspicious
vis a vis the government or the ruling party, and the
population insecure. Therefore, the presence of election
observers helps to deter or at the very least, discourage
electoral fraud.
• In Nigeria, election observation by international
organisations took root in the 1993 elections when the
then military government invited international observers
to witness the presidential elections
• In February 1999, more than 10,000 observers witnessed
the election

5. • In February 1999, more than 10,000 observers
witnessed the election
• The elections of 2003, like the previous ones
were also witnessed by both domestic and
international observers. The pre-election
conditions in 2007 were an improvement in
some aspects on the tense and violent buildup to the 2003 elections.

6. Legal Framework
• The existence of a legal framework is a requirement for all
democratic electoral processes.
• Nigeria being our case study, the 1999 constitution remains the
supreme legal framework; the Electoral Act being the primary and
subsidiary laws.
• Other legal instruments integrated into the scheme are the
international protocols, conventions and treaties to which Nigeria is
a party. These are at the level of ECOWAS Region, A.U at the
continental level and United Nations Charter.

7. Criteria for Accreditation of Election
Observers
• Domestic and International Observers shall
declare the names, addresses, occupation,
nationality of all the members of their group
as specified in the Accreditation form.
• If the Observers represent an organization, his
or her organization’s application shall provide
the following information a copy of its
constitution:

8. • affirmation that it has the capacity to carry out the intended
observation as regards finance and logistics;
• affirmation that the organization, its officials and proposed
election observers are impartial and non-partisan as regards
the whole election process;
• affirmation that the organization as well as its observers
nominated by it, shall comply with lawful instructions issued by
the Commission.

9. • Obligation that the organization will furnish the
Commission, upon application or shortly after, with
names, national ID numbers, addresses and other
details of the proposed election observers in soft and
hard copies.
• The aforementioned provision shall also apply, as the
case may be, to foreign observers representing their
country.
• Observers shall affirm their commitment to
professionalism, independence, non-partisanship,
objectivity and respect for code of conduct
throughout the electoral process.

10. Code of conduct for accredited
observers
• Respect sovereignty and international human
rights.
• Respect the Laws of the Country and the
Authority of Electoral Bodies
• Respects the Integrity of the International
Election Observation Mission
• Maintain Strict Political Impartiality at All Times
• Do not Obstruct Election Processes
• Provide Appropriate Identification

11. Code of conduct for accredited
observers cont’d
• Maintain Accuracy of Observations and
Professionalism in Drawing Conclusions
• Refrain From Making Comments to the Public
or the Media before the Mission Speaks
• Cooperate with Other Election Observers
• Maintain Proper Personal Behaviour
• Violation of this Code of Conduct
• Pledge to Follow This Code of Conduct

12. INEC’S PERSPECTIVE OF ELECTION
OBSERVATION
• Section 153 of the 1999 constitution of the
Federal Republic of Nigeria, states that it is
only the Electoral Management Body – INEC
that can administer the conduct of elections,
which involves instructing pool officials and
directing the election process on Election Day

13. • The process of participation in Election
Observation goes through the following
stages:
• Application and Accreditation;
• Briefing and Kitting;
• Subscription to code of conduct;
• Deployment listing and plan; and
• Post Deployment De-briefing.
• These five conditions must be met by all
participating Observers of Election.

14. Compliance with guidelines
• Election observation is very critical and
sensitive, and as such, observers must be
willing at all times to conform to all provisions
of the existing legal frameworks and extant
rules and regulations.
• INEC has always and will always continue to
make available the relevant documents for
election observation for both domestic and
foreign observers.

15. Reporting and Information Sharing
• The purpose of the report remains democratic
sustenance, national interest, security and
patriotism.
• INEC has continued to develop and put in place
proactive measures to guarantee that we have
access to the reports of Observer missions as part
of the way and manner for securing the required
input for improving service delivery and facilitate
those electoral reforms that can be achieved
administratively.

16. Challenges
• Non- submission of Reports by observer groups.
• Activities of unaccredited observer groups.
• Corruption and compromise by some accredited
observers.
• Seeking extra support from INEC
• Impersonation
• Use of Election day stickers
• Non-attendance to INEC’s briefings which seeks
to clarify a lot of issues on stakeholders
• There are rivals between observers and monitors.

17. Achievements
• Training
• The current INEC has witnessed mutual engagement
and cooperation
• INEC organised stakeholders engagement meetings in
the States.
• The Commission introduced plastic photo identity
cards and aprons for both domestic and foreign
observers
• INEC provided contact details of their staff on duty and
area maps during the elections
• INEC has provided materials
• The appointment of desk officers in all the 36 States
and FCT

18. Policy direction and recommendation
• Looking towards the future of Election Observation Mechanism in
Nigeria, we intend to bring our discussion to a conclusion by
offering directional roadmap which shall include the following:
• INEC should demand and receive from all prospective Observer
missions, Election Observation and deployment plan as part of the
application for accreditation.
• On successful accreditation Observer mission shall furnish INEC
with list of the Observers intended for deployment along with
details of their person.
• Development partners and donors would be encouraged to support
only missions that INEC as the responsible Government Agency has
accredited.
• Election Observers should be made to function in no other way
other than as designated by lNEC.

19. Conclusion
• INEC has shown every resolve and you can be
assured that through concerted efforts
international standards and best practices of
Election Observation will be guaranteed.
Already, modalities to ensure those standards
are kept are in place. We hope we can count
on your support and cooperation.

20. THANK YOU