By Yusuf Ishaku Goje
The legislature is supposed to be the closest arm of government to the people and the expression of the people’s aspirations and sovereignty. Therefore, one wonders why, aside from appropriation public hearings, the Kaduna State House of Assembly has continuously amended laws without a public hearing.
Also, it is unclear how many of the legislators hold constituency town hall meetings to educate, aggregate, and amplify the feedback of constituents during the law-making process. This should not be misconstrued as a criticism but an expression of curiosity and a wake-up call.
Nonetheless, the recent amendment of the Kaduna State Independent Electoral Commission Law No. 2, 2021, by the State Assembly is well received. As this is an indicator that the 2024 local government elections will be held, with the tenure of the current councils expected to end by November.
More so, in the light of the recent Supreme Court judgement mandating the Federal government to remit the share of statutory allocations only to democratically elected local government councils.
According to news reports, the amendment has jettisoned the use of electronic voting machines (EVMs). This was utilized in the 2018 local government election and upgraded and again deployed in 2021. Despite the shortcomings of the machines, it was then celebrated as a novel achievement in the electoral process, particularly in Nigeria.
The principal law had empowered the Commission to determine the method voters shall be verified and vote using an approved electronic device, smart card reader, and EVMs.
Feelers have it that the major justification given was that of the delineation and increase in polling units, shortage of time, and finances to procure more EVMs and recalibrate the available ones.
Out of curiosity, if there was a public hearing one is sure that several questions would be raised. Why wait a few months for an election to appoint a new Chairperson and members of the Commission as well as amend the law?
Why were the above justifications for jettisoning EVMs not envisaged and appropriately planned for, considering the known timeframe for the local government election? More so, when the increase in polling units and damage to some of the EVMs happened a few years back, sufficient time to address the justifications.
Similarly, was the EVM’s procurement and recalibration not part of the 2024 budget? After all, there is a budget provision of N4.5 billion, out of which N4.3 billion is for capital expenditure.
Many will further ask again, why wait only a few months for the elections before using time and finances as a justification for jettisoning the EVMs? Interestingly, there was zero capital budget release by the end of the first quarter, which shows there was no plan for early preparation.
More so, the law established and provides for the Kaduna State Independent Electoral Commission Fund into which such monies appropriated, among other funds, shall be paid and credited.
Even though not independently verified by this writer, it is out there in the public that the elections will be funded by deductions from the local government Councils’ coffers – with budget adjustments only recently said to have been done to accommodate it.
If this is true, then it should have been adequately captured in the budget and deductions done earlier into the Commission’s fund. However, one cannot rely on hearsay, nonetheless, there is a lesson learned, that funds for the Commission should be first line charge, especially in an election year.
Just like it is done with the periodic amendment of the electoral act at the national level, there is an urgent need for increased transparency and public engagement during the amendment of the Commission’s law. Similarly, the process of appointing the Commission’s chairperson and members should be open to public scrutiny and feedback.
This will surely enhance the credibility of the electoral process as well as gain the buy-in and ownership of stakeholders. Now that the law has been amended and awaiting the assent of the Governor, all hands need to be on deck to ensure free, fair, and credible local government elections.
Importantly, the State Assembly should endeavor to make it a practice to consistently hold public hearings and legislators will also do well by organizing constituency town hall meetings.
Goje is an active citizen, civil society member, OGP enthusiast, and Team Lead of the Kaduna Local Government Accountability Mechanism (KAD-LGAM)
