Identifier
Created
Classification
Origin
06ABUJA1370
2006-06-07 06:51:00
CONFIDENTIAL
Embassy Abuja
Cable title:  

ELECTORAL BILL PASSED, ELECTION DATES ANNOUNCED

Tags:  PGOV KDEM PHUM NI ELECTIONS 
pdf how-to read a cable
VZCZCXRO0301
PP RUEHPA
DE RUEHUJA #1370/01 1580651
ZNY CCCCC ZZH
P 070651Z JUN 06
FM AMEMBASSY ABUJA
TO RUEHC/SECSTATE WASHDC PRIORITY 5935
INFO RUEHZK/ECOWAS COLLECTIVE
RUEHOS/AMCONSUL LAGOS 4261
C O N F I D E N T I A L SECTION 01 OF 02 ABUJA 001370 

SIPDIS

SIPDIS

E.O. 12958: DECL: 06/05/2016
TAGS: PGOV KDEM PHUM NI ELECTIONS
SUBJECT: ELECTORAL BILL PASSED, ELECTION DATES ANNOUNCED

REF: ABUJA 1243 AND PREVIOUS

C O N F I D E N T I A L SECTION 01 OF 02 ABUJA 001370

SIPDIS

SIPDIS

E.O. 12958: DECL: 06/05/2016
TAGS: PGOV KDEM PHUM NI ELECTIONS
SUBJECT: ELECTORAL BILL PASSED, ELECTION DATES ANNOUNCED

REF: ABUJA 1243 AND PREVIOUS


1. (U) Summary: The National Assembly passed the Electoral
Act (2006) on May 31, finally clarifying the rules of the
game for Nigeria's 2007 general election. The long-awaited
law sets new limits on campaign finance, regulates
registration of parties and nomination of candidates, and
determines the manner of voting. The Electoral Act allows
Nigeria's Independent National Election Commission (INEC) to
determine the date for elections within the parameters set by
Nigeria's constitution. INEC announced last week that the
general elections will be held between April 7 and April 28,

2007. End Summary.

--------------
Rules of the Game Finally Announced
--------------


2. (U) After the defeat May 16 of the controversial third
term constitutional amendment, the National Assembly turned
its attention to other pressing business, including
consideration of the Electoral Bill. The slate of
modifications to the election rules had been pending before
the Assembly since 2004 and public hearings on the draft bill
were held in 2005. Implementing partners and civil society
contacts told political officers last year that the draft
bill was an improvement over the 2002 Electoral Act, though
most indicated that political will to enforce the rules
(whether modified or not) would be key. There were slight
differences between House and Senate versions of the bill,
which were resolved by the conference committee in late May.
The final, "harmonized" version of the bill was passed by
both chambers on May 31 and passed to President Obasanjo for
his assent. He is expected to sign off on the new law soon.
The 2006 Act bans electronic voting, which had been favored
by INEC. It sets new limits on campaign finance and changes
the deadlines for registration of parties and nomination of
candidates.

--------------
Campaign Spending
--------------


3. (U) Under the 2006 Act, each presidential campaign may
only spend 500 million naira, while aspiring governors may
spend N100 million. Senatorial campaigns are limited to N20
million, and House races to N10 million. The maximum

allowable donation to any candidate from any single person or
entity is N1 million. Penalties for exceeding campaign
finance limits include fines of up to N1 million and
imprisonment of up to one year. Six months after an
election, all parties and candidates must submit audited
reports of their expenditures to INEC.

--------------
Parties and Candidates
--------------


4. (U) Under the new rules, all political parties that wish
to contest an election must be registered with INEC at least
six months prior to the election date (i.e. by October 2006
for the April 2007 general elections). Any mergers of
parties must also be completed six months before the
election. Parties must submit their list of candidates to
INEC at least 120 days before a general election. Any
changes in the party,s slate of candidates must be made in
writing to INEC at least 60 days before the vote.
(Previously, such changes could be made only 30 days prior to
the poll.) INEC must publish the list of candidates 30 days
in advance of election.

--------------
Manner of Voting
--------------


5. (U) The 2006 Electoral Act expressly prohibits the
controversial e-voting, which INEC had been pushing for. The
law states that "the use of Electronic Voting Machine for the
time being is prohibited." Some senators disagreed with the
inclusion of the phrase "for the time being," arguing that it
was too vague. However, their opposition to the phrase was
not strong enough to derail the bill. Rather than electronic
voting, the "open-secret" ballot system was adopted. Under
this system, voters are given paper ballots which they mark
in the open, rather than inside a booth or behind a curtain,
and they then drop the completed ballot publicly into the
urn. This modification on the more common "secret ballot"
method is supposed to help prevent fraud, such as ballot
stuffing. The new law also specifies that vote tallies will
be announced at each polling station before the count is
aggregated at the regional and national level. Party agents
will be allowed to observe at the polling station and

ABUJA 00001370 002 OF 002


regional/national centers to verify that the vote count is
not tampered with as it is transmitted up the line.


--------------
INEC Press Conference
--------------


6. (U) At a May 29 press conference, INEC Chairman Maurice
Iwu announced that the 2007 general elections will be held
April 7 - 28, 2007. Elections for President, National
Assembly, and Governors and state Houses of Assembly will be
held over three consecutive weekends within that timeframe,
though the exact sequence of the elections is not yet fixed.
According to the Electoral Act, INEC must confirm the
election timetable at least 150 days before the general
election (by approximately November 2006). Iwu also said
that there will be 120,000 polling places which will be
mapped out in advance using the Geographic Information System
(GIS) to prevent last minute changes to poll locations. He
also revealed that 37 political parties have been registered
as of May 2006. Iwu stated that international observers would
be welcome in 2007, provided that they abide by Nigeria's
laws and do not interfere with the election process.


7. (C) Though currently illegal, the concept of electronic
voting is still not dead. Iwu said that the bill for the
pilot use of Electronic Voting Machines (EVM) had been passed
in 2005 and that contracts had already been awarded for the
purchase of software and equipment. (Note: We have heard
that as much as $100 million has already been spent by INEC
on the EVM project.) Therefore, INEC continues with plans to
conduct a pilot run of e-voting this cycle.


8. (C) Press reports claim that many State electoral
commissioners have been removed already and speculate on
further shake-ups at INEC to come soon. One of the issues is
the management style of INEC Chairman Maurice Iwu, who is
said by his critics to demand control over every aspect of
elections preparation. Many politicians claim that the
problems within INEC are designed to render it
"non-functional or incompetent" as a pretext to delay the
2007 polls.

--------------
Comment
--------------


9. (C) With the passage of the Electoral Act, the rules of
the game for Nigeria,s 2007 general election are finally in
place. This will enable INEC and civil society to begin the
process of voter education and will allow parties to begin
planning in earnest for the 2007 polls. However, as the
"proof of pudding is in the eating," the utility of these
rules will only be proven through implementation. The new
rules will only be an improvement if they are effectively
enforced. One example, the ruling PDP has still not produced
its audited accounts for the last election cycle, although
all other major parties have complied. Meanwhile, rumors
continue circulating about Obsanjo's desire for term
extension with most politicians unwilling to accept victory
so easily. Passage of the 2006 Electoral Act was a necessary
condition for a reasonably free and fair election in 2007 but
is by no means a panacaea. Political will to enforce the
Act's provisions is the next component.

FUREY