Modern elections in Nigeria began in 1999, after 29 years of the military holding sway out of the initial forty years of the country’s post-independence history before her return to civil rule. Since then, Nigeria has had six general elections and the seventh is ongoing.
Despite 24 years of post-military rule, Nigeria’s election has been marred with electoral violence and voting irregularities. The most recent of all, which is gradually becoming a norm is election postponement.
Since 2011, every election that has been held in the West African country has faced postponement, invariably meaning that out of six elections, three have been postponed.
Although reasons for postponement have been primarily surrounded by insecurity and logistic issues, the postponement of elections has become some sort of a norm that is more expected than not.
History of election postponement in Nigeria
In 2011, Attahiru Jega, Chairman of the Independent Electoral Commission (INEC), postponed the country’s general election twice stating logistic issues.
The general elections which had commenced on Saturday, April 2, 2011, could not continue due to the late arrival of materials. Thus, on Sunday, April 3, 2011, INEC announced that the elections had been moved to Monday, April 4, 2011. This announcement was not well received by the representatives of the political parties who threatened to boycott the elections if it was not postponed. This essentially led to the postponement to Monday, April 9, 2011.
In 2015, INEC still under the leadership of Jega postponed the general elections from February 14 and 28 to March 28 and April 11.
According to the electoral umpire, the postponement which was announced seven days prior to the initial date became necessary as a result of the advice of security agencies. As of 2015, Nigeria was facing a severe Boko Haram crisis, as the group just abducted female students.
Amongst the elections postponed, the most unforgettable and controversial remains the 2019 poll.
The election which was slated to hold Saturday, February 16, 2019, and Saturday, March 2, 2019, was abruptly postponed five hours before the commencement of the elections. The commission cited logistic-related issues as the reason for this action.
As expected, this action was widely condemned by both the ruling party and the opposition who accused each other of manipulation.
Position of the law
According to the Electoral Act of 2022, INEC can postpone an election in the case of an emergency, security threat, or natural disaster.
The act further states that in other not to disenfranchise any eligible voter, the commission has the power to fix another date for elections in areas where citizens where affected.
The Electoral Act reads, “In the event of an emergency affecting an election, the commission shall, as far as practicable, ensure that persons displaced as a result of the emergency are not disenfranchised.”
Subsection (2) reads, “Where a date has been appointed for the holding of an election, and there is reason to believe that a serious breach of the peace is likely to occur if the election is proceeded with on that date or it is impossible to conduct the elections as a result of natural disasters or other emergencies, the Commission may postpone the election and shall in respect of the area, or areas concerned, appoint another date for the holding of the postponed election, provided that such reason for the postponement is cogent and verifiable.”
Subsection (3) continues, “Where an election has commenced and there is reason to believe that there is or has been substantial disruption of election in a polling unit or constituency or it is impossible to continue with the election occasioned by threat to peace and security of electoral officials and materials, the Commission shall suspend the election and appoint another date for the continuation of the election or the process.”
Explaining the above, the Act states that, “Where the Commission appoints a substituted date in accordance with subsections (2) and (3), there shall be no return for the election until polling has taken place in the area or areas affected.
“Notwithstanding subsection (3), the Commission may, if satisfied that the result of the election will not be affected by voting in the area or areas in respect of which substituted dates have been appointed, direct that a return of the election be made.”
Having stated emergency as a cause, the Act did not give a clear definition of what an emergency entails, hence, that can only be defined by INEC.
INEC insists elections would not be postponed, then postpones
With the scarcity of petroleum products and new naira notes around the country, many had said the presidential election will not go ahead as scheduled.
The chairman of the commission, Mahmood Yakubu, assured Nigerians that the position of the commission on “no postponement” of the election still stands. According to INEC, logistics would no longer be a reason to postpone the election.
The Commission kept its word on that during the presidential election but failed to do the same for the guber poll. The governorship and state assembly elections, which were scheduled for March 11, 2023, have been postponed to March 18, 2023.
Since the return of democracy in 1999, Nigeria has postponed elections on four of seven occasions.