ISMAEEL UTHMAN
Chairman of Osun State Electoral Commission, Hashim Abioye, speaks with ISMAEEL UTHMAN on the limitation of the Supreme Court judgment on local government autonomy and why the ruling parties always win LG elections in their respective states, among other issues
What are the implications of the Supreme Court judgment, which granted financial autonomy to local government councils to the State Electoral Commissions?
The Supreme Court is a court of policy. Therefore, we should all come to the reality that by the pronouncement of the apex court, financial autonomy to our local councils is ultimately guaranteed. Funds meant for each constitutionally established local council in Nigeria from the Federation Account go directly to it without first landing in any intermediary purse and without any collection agent.
We should also note that the era of indiscriminate, illegal, and unconstitutional dissolution of a democratically elected local council by a state governor has been effectively put to an end. However, it should be noted that a local council, despite the financial autonomy, is not shielded from the oversight functions of a state assembly. There is no structure in place at the local government level empowering any authority to approve budgetary provisions and appropriate funds in any financial year for any local council except the state legislature by virtue of Section 7 of the 1999 Constitution.
By that provision, the powers of a House of Assembly with regards to administrative and organisational structure of a local council is very much intact. Moreover, members of the staff of a local council are employees of the Local Government Service Commission, a state executive body. Recruitment, appointment, promotion, salaries, pensions, and all other matters connected to the staff of a local council are subject to the control of the Local Government Service Commission.
Chieftaincy affairs are of the local government, with the state government having some supervisory and administrative roles, which it does through the Ministry in charge of Chieftaincy Affairs. All these point to the fact that the financial autonomy to the local government as pronounced by the Supreme Court is not at large.
At any rate, the Supreme Court’s decision has set the ball rolling, and all relevant stakeholders must key into the new dawn in our grassroots democracy. Let me state emphatically that as it stands today, the Supreme Court decision has no negative impacts on the state electoral bodies.
The S’Court verdict has raised another agitation for LG elections to be conducted by INEC instead of state electoral body. Do you consider this achievable?
The Matter before the Supreme Court was not about the state electoral body. No dispute was submitted to the apex court for adjudication regarding state electoral bodies, and there was no relief to that effect. The misinformation from different quarters is borne out of the agitations for the scrapping of state electoral bodies. As it is today in Nigeria, the power to conduct LG elections is constitutionally vested in each state electoral commission.
Many of those calling for the abolition of state electoral bodies are not truthful to themselves and are unfaithful to the principle of federalism and devolution of powers. The calls have been for personal reasons; selfishness and, in some cases, vendetta. We have been calling for true federalism in the country; we have been making noises that the Federal Government is too overloaded with powers, yet some people want INEC to be conducting elections at the local government.
Transferring the responsibilities of state electoral bodies to INEC is an aberration and a disservice to the principle of true federalism. Majority of those making the calls were those who manipulated the SIEC of their respective states to their own advantage before now. I am not oblivious of the fact that some state governors treat their state electoral bodies as mere ad hoc structure.
Some states, as we speak, do not have in place a duly constituted electoral commission as enshrined in the constitution. Some states have not conducted LG elections in the last 16 years; some state governors will constitute the electoral body at the eve of the election and dissolve same immediately after the poll. These are some of the ills, but they are addressable.
Every state must have State Independent Electoral Commission in place at all times. It shouldn’t be something done in a hurry. It is not a “rush-rush” arrangement in Osun State, and it shouldn’t be anywhere. This is the kernel of being truly independent.
Transferring the responsibilities of state electoral bodies to INEC will only compound the woes bedeviling grassroots democracy, and we will all come back one day to realise that we have taken it too far by calling for the abolition of state electoral bodies.
It is against the spirit of federalism for INEC to conduct local government elections. I am saying this not because I am heading Osun electoral commission today, but posterity is there to judge if I should lend my voice to the scrapping of SIECs.
If INEC should not conduct LG elections, why do state electoral commissions use INEC’s voter register instead of creating their own register for LG election purpose?
Registration of voters is a grassroots thing; tell me which one is closer to the grassroots between INEC and state electoral bodies. By the constitutional mandate of state electoral commissions, they are to advise INEC with respect to voter registration. The fact that both INEC and state electoral bodies have a common front in the area of voter registration and voter register is a good one which we must build upon. Is it not a positive development that state electoral commissions do not manufacture their voter registers; rather, they are furnished with and make use of the voter registers produced by INEC?
Majority of people have lost trust in the state electoral commissions; they consider them as stooges of the sitting governors. How will you describe the people’s perception?
If the clamour for the scrapping of state electoral bodies is premised on the ground that it is a state governor who appoint members of an electoral commission, how about the appointment of members of the national electoral body, INEC? Is the appointment not by the President who is a member of a political party? If because you are angry at this moment, you throw your baby away for soldier ants to deal with, by the time your anger subsides, the soldier ants may not yet be through. Let us exercise a reasonable caution.
Will you say your appointment followed due process?
Appointment of the chairman and members of a state electoral commission is a constitutional point. It is definitely by the governor after due confirmation by the House of Assembly. This was done in my case. Our names were sent to the House of Assembly by the governor and after confirmation, we were sworn in.
Why is it that the ruling parties are always winning every LG election in their various states? Some people claim that the state electoral commissions usually write election results to favour the ruling parties. What can you say to this?
Selfishness on the part of politicians is a big issue in this regard. Instead of fighting for democracy and for the people, the major opposition parties shy away from the process on the insinuation of bias. Some even go as far as encouraging other opposition parties to boycott an election, believing that it will render the process null.
Boycotting local government elections for reason that it is always a ruling party that sweeps all the seats is untenable. You will realise in most cases that boycotting is the order of the day, with the opposition parties wielding wild and baseless allegations against the state electoral body, instead of going into the field to win.
Boycotting elections will not stop the election. It is like a football match already fixed, the spectators and the umpire are on the ground, but the team doesn’t show up deliberately. It is an automatic walkover, and you cannot blame the referee in such situation. There should be more orientation, education, and enlightenment for stakeholders to change their orientation in this regard.
Sixteen political parties under the Inter-Party Advisory Council announced their withdrawal from the scheduled LG elections in Osun State. Does that not cast aspersion on OSSIEC and questions the credibility of the election processes?
The Osun State leadership of IPAC misunderstood us. The IPAC chairman stated that they were being suspicious; it was mere speculation. Suspicion and speculation, however strong, can never take the place of verifiable facts. All the needed information regarding the process of the election from the date of publication of notice up till the date of the election is contained in the timetable/schedule of activities already issued by OSSIEC under my leadership. I have nothing to hide. I was confident and humble enough to move the entire commissioners and management staff of my commission to the IPAC state office for a resolution. Happily, IPAC saw our sincerity and transparency, and within 24 hours, we were able to resolve it, and the 16 political parties are now back in the Osun local council race.
Being a former caretaker member of PDP and now the state electoral umpire, how do you want to navigate between your political sentiment and fairness, justice, and transparency required of OSSIEC? How will you earn the trust of the major opposition party in the state APC and others?
I effectively resigned my membership of the PDP ever before my nomination. The partisanship regalia is absolutely off my body. I have always been a man of law and due process. I never lobbied for the appointment, but the Governor said he appointed me to bring sanity to the state electoral commission. OSSIEC, in the past, has been under the red pen and heavy harmer of the court twice. Osun resources went down the drain owing to deliberate illegality and avoidable unconstitutionality by the past OSSIEC leadership. Under the immediate past administration of Gboyega Oyetola, almost N2bn of Osun people’s resources was wasted on the LG election, which was a YES/NO poll that we clearly warned against. Instead of giving allegations of bias and partisanship, the integrity of the commission must be our utmost priority, as well as the credibility of the process. That should be the focus. I swore to an oath of office, and I have kept fidelity to that oath. I will be fair to all manners of people.
How independent is OSIEC and you under the current administration?
There has not been any interference from any quarters since our inauguration. We are not under any influence of anybody whether due or undue. We have our names to protect, and we owe the public a duty.
How many political parties have formally shown interest in participating in the LG election?
No fewer than 15 political parties have shown interest in the process, and we are carrying all of them along. The backtracking by IPAC is an attestation to our credibility and integrity.
All the LG elections conducted in Osun between 2007 and 2022 were invalidated by courts. Will the 2025 election not amount to waste of state resources as well?
There won’t be any reason for the court to invalidate the election. We are being meticulous, and our guide has been the amended 1999 constitution and the relevant electoral laws. We will not falter on the side of law. So far, nobody can point out any area where we have erred on the side of law. We will deliver a bouncing, beautiful, faultless, and healthy baby in the end.
There is always a low turnout of voters in every LG election across the country, what do you think is responsible for this, and how do you plan to prevent that in the 2025 LG election in Osun?
Lack of proper planning, inadequate preparations, inadequate voter education, and orientation are responsible for the low turnout in every election. The political parties especially have big roles to play in this regard. A situation whereby political parties discourage voters from participating in an election is not a good one for our democracy at the grassroots.
Osun State Independent Electoral Commission, under my leadership, is taking the lead in the area of sensitising and educating the people on the need to participate in the LG election process. We have launched a campaign to get the youth involved in the electoral process and dissuade them from social vices, that is, Campaign Against Election 2CD (Cultism, Cybercrime and Drug Abuse).
We are on the verge of approaching the House of Assembly for the establishment of Osun State Local Government Electoral and Democratic Institute. All this will help our society, and we will start seeing encouraging participation in the local government election process. I urge all other state electoral bodies to embark on such programs that will change the orientation of the people at the grassroots for more inclusive participation in the local government electoral process.
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