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Original: English FORUM ON REFORM OF LAWS, REGULATIONS, INFRASTRUCTURES AND ADMINISTRATIVE PROCEDURES RELATING TO ELECTIONS: Topic: Strategies to be adopted to prevent electoral crises (Pre-, During and Post) in Africa “Legal and institutional arrangements for the conduct of free and fair elections in Africa A critical examination” By Mr. Mbanaso Stanley Udozie Sopolu (Nigeria) 13 15 October 2014 Tangier (Morocco) African Training and Research Centre in Administration for Development (CAFRAD) African Capacity Building Foundation (ACBF)

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Original: English

FORUM ON REFORM OF LAWS, REGULATIONS, INFRASTRUCTURES

AND ADMINISTRATIVE PROCEDURES RELATING TO ELECTIONS:

Topic: Strategies to be adopted to prevent electoral crises (Pre-, During and

Post) in Africa

“Legal and institutional arrangements for the conduct of free and fair elections in Africa – A critical examination”

By

Mr. Mbanaso Stanley Udozie Sopolu

(Nigeria)

13 – 15 October 2014

Tangier (Morocco)

African Training and Research Centre in

Administration for Development (CAFRAD)

African Capacity Building Foundation

(ACBF)

PAPER PRESENTED BY BARR. (CHIEF) S.U.S MBANASO JP; pnm. AT THE PAN-AFRICAN FORUM FOR CHAIRMEN OF NATIONAL

ELECTORAL COMMISSIONS, MEMBERS OF ELECTORAL TRIBUNALS, ETC

AT TANGIER, MOROCCO ON 13TH OCTOBER 2014

INTRODUCTION First, I thank the organizers of this Conference for choosing the theme: “Reform of Laws, regulations, infrastructures and administrative procedures relating to elections: Strategies to be adopted to prevent electoral crises (pre-, during, and post) in Africa”. Obviously, the theme is apt and timely. I appreciate the assignment given to me to speak on the topic: “Legal and institutional arrangements for the conduct of free and fair elections in Africa – A critical examination”. For justice to be done to this topic, it is necessary to define the key words “Legal”, “Institutional Arrangements” and “Elections” therein.

“Legal” is defined by Black’s Law Dictionary, 7th Edition at page 902 as:- “Of or relating to law; falling within the province of law. Established, required or permitted by law; Of or relating to law as opposed to equity”.

“Institutional ” is defined by Collins English Dictionary (2.17.0) Version as:- “Of, relating to or characteristics of institutions. Relating to principles or institutes, especially of law”. While Institution is simply defined by the same dictionary as “the act of instituting an organization or establishment founded for a specific purpose. An established custom, law or relationship in a society or community”.

“Legal and Institutional arrangement”, therefore, simply means laws and legal framework including institutions established for a specific purpose, in this case, elections.

“Election” is defined by the same Collins English Dictionary as:-

“The selection by vote of a person or persons from among candidates for a position especially a political office. A public vote on an official proposition. The act or an instance of choosing”.

Thus, elections have the potential to confer legitimacy, moderate dissent, engender compliance, heighten citizen efficacy and participation, and deepen the course of democratization. The dominant argument in liberal political science scholarship on electoral democracies is that elections promote the steady liberalization of politics (democratization), becoming better each time they are held. In other words, it is assumed that democracy gets strengthened after a sequence of three electoral cycles (Cilliers, 2008:94; Lindberg 2006:3), and tend to become better each time and afterwards. To achieve genuine and credible free and fair elections in Africa, capable of deepening, conferring legitimacy to and strengthening Africa’s fragile democracies, certain and or adequate measures must be put in place. This work therefore critically examines the legal and institutional arrangements for the conduct of free and fair elections in Africa.

Elections in Africa are a time of despairs for contesting candidates, but more so for the general citizenry whose efforts to seek new leadership for their respective countries have been proved worthless in recent years. It is rather a time of anxiety for a number of stakeholders. (Vorobyer, 2010:41) In most cases, it is a time when the opposition parties display strength, showcase manifestoes and a period of mudslinging when the opposition will need to prove during campaign that they can do better than the ruling party. Further to this, it is also a time for the opposition to endure all that comes with an uneven political playing field such as harassment of opposition, political leaders and their members as well as the abuse of state machinery to further intimidate (and in some cases) maim and even murder supporters of opposition political parties. It is, however, imperative to note that elections are Key pillars to democracies and have become the commonly accepted means of legitimizing Government

institutions in Africa and the world over. However, while elections are key pillars to democracy the world over, they are also key triggers to violence and insecurity in Africa. For example, the aftermath of 2011 Nigeria elections in Bauchi, the Northern part of Nigeria. The post-election violence claimed the lives of over 1,000 people including an unspecified number of National Youth Service Corps (NYSC) members, whom the Independent National Electoral Commission (INEC) had recruited as ad-hoc staff to help in the conduct of the elections. The Nigeria Police stated that about 75 civilians were injured, 165 churches and 53 mosques, 444 vehicles and 1,442 houses were either burnt or destroyed. Similarly, 45 Police properties, 16 Government properties were burnt and 787 shops were looted and burnt in the Northern States, namely Adamawa, Bauchi, Nassarawa, Niger, Gombe, Kaduna, Kano, Katsina and Zamfara states. The Nigerian Red Cross estimated that about 74,000 people were displaced. The above is just a summary of the loss of lives and property experienced in Nigeria just after the 2011 election. Presidential election, especially in the Northern Nigeria as a result of the perceived short-changing of their candidate, General Muhammed Buhari, who they had thought would win with a landslide victory given the groundswell of opposition of the North to Jonathan’s candidature after the untimely demise of the erstwhile late President Umaru Musa Yar’Adua (CF. ORJI & UZODI 2012).

LAWS AND RULES REGULATING THE CONDUCT OF ELECTIONS AND THEIR LAPSES Over the years, several legal frameworks have been put in place by virtually all the different African countries towards achieving credible, free and fair polls. However, all these laws and rules established over the years by different African countries are nothing but efforts in futility as most African countries are still very far away from achieving sustainable, credible, genuine, free and fair polls while the very few that have been able to attain some level of fairness, still fall short of internationally accepted standards. Be that as it may, the African Union (AU) in January 2007 adopted the African Charter on Democracy, Elections and Governance otherwise called the Charter during the 8th Ordinary Session of the Assembly of the African Union but because it required a minimum of its countries to ratify it to become operational, it did not come into force until February, 2012. It aims at reinforcing the commitment of the states parties of the African Union towards the protection of democracy and the rule of law, as well as human rights.

In adopting the African Charter on Democracy, Elections and Governance, the African Union sought to consolidate all past commitments made within the ambits of the declarations and decisions relating to democracy and governance. A careful reading of the Charter reflects that it firmly and unequivocally seeks to establish a political culture of change, based on the holding of regular, free, fair and transparent elections conducted by competent and impartial national electoral bodies. Some 39 countries have signed the Charter as a roadmap to encourage better governance across the continent. It sets out international standards of good governance and democracy in such areas as rule of law, free and fair elections and condemning unconstitutional changes of Government. Some countries are now using the Charter as a guide during difficult transitions. For instance, Mauritania relied on its principles to negotiate a return to constitutional order after a 2008 coup. But other countries have had difficulty following it. West Africa, which represent more than half of the 20 countries whose legislatures have formally adopted or ratified the Charter, has been the venue for 10 out of 14 attempts to disrupt constitutional and democratic governments, such as in Mali and Guinea Bissau, since the Charter was created. The Charter emphasizes that it is foremost the states themselves with the duty to apply its stated objectives by making efforts to guarantee the conformity of their legislation with the Charter, by translating the Charter’s relevant clauses into domestic law, by ensuring the dissemination of the Charter at the national level, and by integrating the objectives and principles stated in the Charter into national policies and strategies. In the Nigerian context, for instance, several laws and rules have been put in place over the years for the smooth conduct of free and fair elections in the country. Some of the extant laws governing the conduct of elections in Nigeria include; The Constitution of the Federal Republic of Nigeria, 1999 ( as amended);

Electoral Act, 2010 (as amended);

African Charter on Democracy, Elections and Governance; and

African Charter on Human and People’s Rights (Ratification and Enforcement) Act, Cap 10 Laws of the Federation of Nigeria, 2004.

Unfortunately, all these laws are however not without lapses and this has contributed a great deal to the failure and inability of the electoral institutions to conduct free, fair and credible elections in Nigeria. Noticeable among theses lapses include:

Failure to provide stiff penalties for election offences;

Partial independence of the electoral management body (EMB) as the president

still reserves the power to appoint INEC Chairman;

Lack of financial autonomy for the INEC, etc.;

On its own, the African Charter on Democracy, Elections and Governance still needs to be ratified by states parties before its provisions can apply and become

binding on a state party; and Failure to inculcate culture of political debates in our electoral system and in the

rules regulating elections. In other words, the Charter has no binding force on any member state unless and until the legislature of such member state ratifies and domesticates its provisions. To this extent, it constitutes a clog in the wheel of binding-ness of the Charter on state parties. In Nigeria, for instance, the lapses in the extant laws and regulations gave rise to the recommendation made by a Panel headed by one of Nigerians most revered jurists, Hon. Justice Muhammadu Uwais GCON. The Uwais Panel, set up to devise the government on electoral reforms, suggested the establishment of the Electoral Offences Commission for the investigation and prosecution of the election related offences. Honestly, the rationale cannot be faulted. Its formation would have stemmed the tide of impunity associated with the willful and frequent commission of election-related crimes such as thuggery, purchase of voters’ cards in opponents’ strongholds, snatching of ballot boxes, stuffing of ballot boxes electoral violence, possession of firearms during elections, homicide associated with elections, etc.

INSTITUTIONS AND AGENCIES RESPONSIBLE FOR THE CONDUCT OF ELECTIONS For any country or Government to organize credible, free and fair elections, certain institutional mechanisms and agencies should be in place (Duodu, 2010). Political architecture and institutional support ensure that citizens are free to elect and be elected under rules and regulations that are clear to all contesting parties, that political parties are not only aware of these rules, but willing to abide by them in the spirit of democratic elections and fair play (Hammar; 2009:52). For me, political debates should also form part of Electoral Laws as it is a veritable tool and part of election process whereby the electorates listen, assess, consider and make informed decisions on the credibility, suitability and capability or

otherwise of the candidates standing for a particular election or seeking their

votes.

Several institutions, bodies, commissions, agencies and non-governmental organizations as well as international organizations all work together towards achieving a credible, free and fair election at any given time in any democratic set up. This is because no single body or institution can achieve this feet all alone. The implication, therefore, is that all hands must be on deck and this must not be left solely in the hands of the Independent Electoral Bodies or Commissions. INDEPENDENT ELECTORAL BODIES/COMMISSIONS Free, fair and credible elections, it must be noted are not just about events that take place on the Election Day alone. They relate to the totality of the electoral cycle and consist of important issues as the provision of credible and updated voter’s register, a functioning party system, nomination of candidates, conduct of a violent-free party campaigns, organization of credible political debates for candidates of political parties, adequate and timely provision of voting materials, the actual conduct of the voting, speedy counting and declaration of results and post-election activities including election petitions and the fair and speedy resolution of all disputes/litigations emerging from the conduct of the election (INEC 2006:49). These important issues that make up the electoral cycle are expected to be overseen by an independent electoral institution or body. These requirements place the electoral institution at a strategic position in a nation’s democratization process, as it remains the principal body constitutionally charged with the responsibility of managing the electoral process. Consequently, the success of any election and the electoral process is directly linked to the competency of the electoral institution. A strong and stable electoral institution manned by credible and in-corruptive personnel is, no doubt, a panacea to problems militating against free and fair elections in any democratic polity. In Nigeria for instance, the history of democratization process has indeed shown the strong correlation that exists between electoral process and the managing institution. In the last five (5) years, INEC, headed by Professor Attahiru Jega is gradually and steadily restoring hope to Nigerians that free and fair elections are possible in that world’s largest black Nation. However, history has shown that a non-competent, partisan, bias and resource starved institution cannot midwife successfully an important, highly, delicate and complex issue like elections and electoral process. The role of independent Electoral Management Bodies (EMBs) or Electoral Commissions is crucial to the outcome of an election as these electoral bodies derive their powers and mandate from the National Constitution (Makumbe, 2009:156). Electoral Commissions should actively advocate the open participation by all political parties and the public; and provide voter information and civil

education to raise awareness of electoral laws and governance; issues to help the populace to make an informed choice. But, however, most importantly, its role is to ensure that elections are conducted in conformity with the laws of the country. In Africa, overwhelming evidence points to the fact that elections run by independent electoral bodies are more successful and the results respected. In countries where election results have been respected, the state has ceded greater responsibility to the EMBs such as the Electoral Commission in Ghana and recently in Nigeria. In the same vein, in the absence of administrative clarity and the political will on the part of the Electoral Commission to enforce the rules, election results will always be viewed with suspicion by the populace. In such an atmosphere, groups who feel swindled and abandoned by the electoral process will resort to non-democratic forms of protests, and this often times degenerate to uncontrollable violence, breakdown of law and order and or civil war. We contend that the Judiciary as an arm of the Government in any Democratic polity should be involved in interpreting the laws, rules and regulations made for Institutions or Commissions saddled with the responsibility of conducting elections in Africa. In Nigeria for instance, the land-mark decisions of the highest Court of the land – the Supreme Court of Nigeria in locus classicus cases of PETER OBI VS INEC & ORS [2007] ALL FWLR (PT. 378) @ PG 1116; ROTIMI AMAECHI Vs INEC & ORS [2008] ALL FWLR (pt 407) pg1; ACTION CONGRESS & ANOR VS INEC [2007] ALL FWLR (pt. 378) @pg 1012 have to a great extent brought to fore the intendment of the legislature as it relates to the statutory role of INEC in the country.

CIVIL SOCIETY AND CIVIC EDUCATION IN ELECTORAL PROCESSES The role of Civil Society Organizations or Civil Societies in promoting the conduct of free and fair elections cannot be downplayed. Democracy requires informed participation of the electorates, but before this can happen, and to lessen conflict and confusion about the democratic process, citizens must remain adequately informed and engaged. The electorates in any given situation need knowledge, information and understanding of the competing political forces to make informed decisions about policy choices and avenues to voice their concerns. Civic education is, therefore, the process by which the public is made aware of their social and political rights and responsibilities, as well as the principles and practices of action. Civic education creates awareness of the various issues posed by politicians and candidates during an election, but more than that, it empowers voters and community actors with the tools, information mobilization skills and understanding of the political dynamics necessary to influence change during the electoral process. This role in some countries e.g. Ghana, is reserved for

Government approved institutions with the mandate to provide impartial civic education and awareness to the general public while in other countries e.g. Kenya, this role is reserved for the Interim Independent Electoral Commission (IIEC). In the National Orientation Agency (NOA) and the Public Relation Department of the INEC play the role in Nigeria. Civil Society Organizations also provide civic education to large segments of the population using various creative methodologies. Civic education enables various interest groups – both state and non-state actors - to engage in a non-partisan education of voters using various methodologies ranging from seminars and discussions to plays, poetry and drama. Elections remain the key avenues for change of the guard. But this requires an institutional framework within the context of the country in question. Sometimes, “Global norms” are not enough and can overlook local realities. The important consideration for the state, the media, civil society and political parties is to work within an African framework and for international supporters and interlopers to recognize the local reality and not impose conditions based on geographical and economic interests (Pamabuzuka News 2010). There is, in addition to institutional mechanisms for managing elections, civil society organizations – here defined to include non-governmental and faith organizations, trade unions – play a very significant role in promoting free and fair elections. For example, in the pre-election period they provide civic education, create awareness to the democratic and electoral processes and sometimes in reassuring a restive public. For example, in recent elections in Kenya, civil society has led the advocacy for electoral reform arguing for more effective mechanisms to ensure free and fair elections. Kenya Civil Society continues to engage with democratic institutions to advocate for mechanisms for free and fair elections. Moreso, during an election, Civil Society Organizations continue to play this role as elections observers and/or monitors, ensuring that rules laid down by the EMBs are strictly followed, and that the election meets local and international standards of objectivity and fairness. In most countries, including Nigeria, Civil Society Organizations are active in pre-election periods, when they undertake civic education, promote debates amongst candidates – government and opposition. In this connection, in Nigeria, the Nigerian Bar Association (NBA) (i.e. Association of Lawyers in Nigeria) has Ad-hoc Committees for election activities called – Election Monitoring Committee (EMC), and Election Observation

Committee (EOC). The role of the civil societies and civic education in promoting free and fair elections cannot therefore be overemphasised.

SECURITY AGENCIES Because of the crucial role which elections play in every democratic set up and because elections must be conducted in conformity with the laws of the country, it therefore becomes imperative that security agencies must be fully integrated into the electoral process. Security agencies play very vital roles before, during and after elections. It must be noted that credible, free and fair elections cannot be guaranteed except there is adequate and formidable security structure on ground, fully mobilized and well-equipped to handle issue relating to electoral violence before, during and after elections are conducted. Provision of adequate security also affects the turnout of voter during registration of voters, political campaigns as well as during voting proper. In some parts of Africa, we still experience pre-election violence involving supporters of the different political parties and/or candidates. Also, during the elections proper, we still experience issues such as thuggery, snatching of ballot papers and boxes which in some cases result in loss of lives and properties and ultimately illegitimates the resultant government because the process which produced it was marred by violence and in most cases not a true reflection of the popular opinion which in some cases breed rebellious movements against such governments (Ezeanodo, 2014). Elections do not end with voting. In fact, it goes beyond that which actually transpired on the Election Day. Post elections events cannot be ignored. A case in point is the violence which was the aftermath of the general elections in Nigeria, 2011 wherein over 1,000 lives were lost; leaving many others injured with properties worth millions of Dollars destroyed in the northern part of the country. At the moment, Nigerian Government provides adequate security as one of the measures to ensure peaceful and violent-free elections prior to, during and post elections. This worked in the Governorship elections conducted recently in the Nigerian States of Anambra, Ekiti and Osun, all in Southern Nigeria. Security agencies must, therefore, be well trained, equipped and fully mobilized to tackle security challenges before, during and after elections in order to ensure credible, free and fair polls where staff on election duty can discharge their duties effectively without fear or favour and the electorates freely and without fear discharge their civic responsibilities. Therefore, unless and until Africans countries address the issue of insecurity at elections, free and fair elections cannot be guaranteed.

NEED FOR STRICT ADHERENCE TO ELECTORAL LAWS AND PROCEDURES SO AS TO GUARANTEE THE PEACE AND SECURITY OF PEOPLE AND ENTHRONE PEACEFUL COEXISTENCE AMONGST LEADERS AND FOLLOWERS Electoral laws and procedures are the laws guiding the electoral processes and the laid down rules and procedures which must be followed in conducting free and fair elections. Strict compliance or adherence to these laws, rules and procedures will guarantee peace and security in a country as well as enthrone peaceful coexistence amongst the leaders and followers which strengthens the legitimacy of government. The need to strictly adhere to electoral laws and procedures cannot be over-emphasized. This is because the legitimacy and popularity or otherwise of every government is down to the process which led to the emergence of such government. If for instance, it is the view of the populace that the system or process that produced a government or regime is corrupt, the only reasonable inference is that the resultant government or regime is also corrupt and such a government or regime will not readily be acceptable to the citizenry. First, strict adherence to electoral laws and procedures provides confidence to the electorates. When laws and procedures are strictly applied and obeyed by everyone involved in the process of election, the electorates have confidence in the electoral body, electoral process and this will serve as a precursor to future elections as it will boost the delight and enthusiasm of the electorates to participate in the conduct of future elections in the country. Again, when laws are applied and procedures and guidelines followed, this tends to accord legitimacy to the government which is the end product of the electoral process as such government is nothing short of the true reflection of popular opinion. Not only that, it gives the electorates the impression that they are a part of the process that has led to the emergence of the regime. Additionally, many Africans would have been alive today and lots of properties not have been destroyed if elections were conducted in conformity with laid down rules and regulations. A very current example is the post election violence experienced in Kenya and in the northern part of Nigeria few years back. It is not in doubt that some rebellious movements across the world are as a result of non-acceptability of the day’s government to the people. It is therefore, imperative to comply with or adhere strictly to the laid down electoral laws and procedures as it fosters peaceful coexistence and legitimizes the government. It

also imbues the government with the confidence that it assumed power through the influence of the ballot box.

OPPORTUNITIES AND CHALLENGES While the circumstances in Africa today are dire, they are not hopeless. In fact, they offer more grounds for hope than at any time in the past three decades. Against the greed, suspicion, fragmentation, exploitation, violence and decay that have characterized African politics since independence, counter-trends are now taking shape. There is among many African elites a growing, if still grudging and partial, acceptance of market mechanisms and democratic principle. There is a widespread popular weariness with civil war and greater readiness for accommodation, purchased, to be sure, at dear price. Public cynicism with government and politics remains dangerously high in many countries, but it is accompanied by growing intolerance of corruption and greater recognition of its costs to society. Most important, perhaps, is the emergence of a new type of social and political actor in the form of civic organizations (and mass media) that seek better, more liberal, responsible and humane governance for the society rather than immediate, material rewards for themselves. In their dedication to the wider political community and the rule of law, and in their greater transcendence of the ethnic identities that cleave party politics, their new organizations represent the seed of a new African phenomenon; a civic community built on honesty, trust, tolerance, cooperation, political equality, law abidingness and public spiritedness. Africa is very far away from the predominance of cross-cutting cleavages and civic virtue that characterize such a civic community at the national level. This would entail a transformation of political culture and an enormous accumulation of social capital (in the form of these cross-cutting, civically engaged organizations). Nevertheless, a potentially historic and profound process of change is underway. If this trend is nurtured, through the types of institutional reforms and international assistance, it could put a number of African countries firmly on the path to true democracy, development, and political stability. And those success stories would become models for neighboring countries, as the case is in Asia and Latin America. From this perspective, the prevailing mood of Afro-pessimism in the West is both unwarranted and self-defeating. Much of Africa is ready for a new departure. But it remains to be seen whether the major international actors have the vision, discipline and commitment to foster it.

CHALLENGES

Democracy is said to be a very expensive business and nowhere is this reflected more than at election time. Elections are expensive both at the level of maintaining democratic electoral management institutions and supporting political parties. In situations of abject poverty and deprivation, as witnessed in Africa, individuals also become susceptible to manipulation and fall prey to financial inducements by politicians. In other words, poverty makes the electorate susceptible to monetary influences and therefore remains a severe impediment to organizing free and fair elections in Africa. This is also related to the high cost of electioneering on the continent and elsewhere. Both the cost of maintaining the electoral administration and high cost of electioneering are impediments to free and fair elections. Related to the above factor is illiteracy, which posses its own problems. For instance, how are the electoral regulations or the use of ballot papers explained to illiterate voters? Electoral debates should be made part and parcel of the Electoral Laws, rules and regulations guiding any democratic setting. In short, the limitations, imperfections of electoral administration must be realistically set against the problem of under-development and the economic crisis of the African states. In general, however, geopolitical considerations can also influence the perceptions of an election as being free and fair. For instance, the 2008 elections in Ghana were organized within the shadows of monumental flaws. Complaints were made in Elections conducted in Nigeria, Zimbabwe and Kenya, and elections gave rise to political upheavals in Guinea and Mauritania. The Zimbabwean case became most outstanding, given the length of time it took to release the election results, the violence that ensued prior to and on the aftermath of the election, and most importantly, a thinly – veiled coup that saw the defeated’s refusal to relinquish power, opting to arm-twist the victors – the Movement for Democratic Change (MDC) - into a Government of National Unity (GNU). What has even been more disappointing in the latter case is the continued perpetration of politically motivated violence against the civilian population for having shown sympathy with the MDC and disregard and “disrespect” for ZANU-PF, a liberation movement that liberated the country from colonization in 1980. The need for an African success story means that similar flaws in any African country should be curtailed. Consequently, what Africa need is a system where regional and international communities are mandated to supervise national elections, whether the country’s leaders approve such arrangement or not, with the UN having the authority to enforce such provisions.

It has always been common practice that international observers and monitors are called upon by countries holding elections to help legitimizing the electoral

process and the subsequent winners, provided the ruling elites approve such involvement of these international organizations.

RECOMMENDATIONS For any country or Government to organize credible, free and fair

elections, certain institutional mechanisms and agencies should be in

place.

Ensure that citizens are free to elect and be elected under rules and

regulations that are clear to all contesting parties.

That political parties are not only aware of these rules, but willing to

abide by them in the spirit of democratic elections and fair play

Several institutions, bodies, commissions, agencies and non-governmental

organizations as well as international organizations all work together

towards achieving a credible, free and fair election at any given time in

any democratic set up.

It should therefore be made mandatory by the international community

that international and non-aligned organizations observe elections, if

there is to be a semblance of being free and fair

That all hands must be on deck and this must not be left solely in the

hands of the Independent Electoral Bodies or Commission.

CONCLUSION In conclusion, the conduct of free and fair elections on the African continent continue to present numerous challenges. But the most victims in the ensuing scenario are the electorates who are not only presented with electoral environments not conducive to the conduct of free and fair elections, but either end up being targeted as voters bent on regime change. Electoral observers, powerless as they are, have not helped the situation either, except to make recommendations which are in most cases not binding and are ignored by political class. Unless and until recommendations of Election Monitoring Groups (EMG) or Observers are taken seriously, electoral processes on the African continent will continue to be manipulated and trampled upon by powerful politicians. However, the circumstances in Africa today are not hopeless, because they offer more grounds for hope than at any time in the past as a potentially historic and profound process of change is underway.

Ladies and gentlemen, what do I say for giving me this opportunity. - Deeje! Merci!, Danke!, Shukram!, Gratias!.

Thank you for your audience and God bless you all. Barr. (Chief) S.U.S. Mbanaso JP Awka, Anambra State Nigeria.

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ALL FWLR - ALL FEDERATION WEEKLY LAW REPORT