HB 129: Independent National Electoral Institute (Est. etc.) Bill, 2015

Bill Analysis:

SHORT TITLE

Independent National Electoral Institute (Establishment) Bill, 2015

OBJECTIVE OF THE BILL

The Bill seeks to establish an Institute to –

• Provide and promote research and policy insights for the Independent National Electoral Commission (INEC);
• Improve the technical capacities of staff and ad-hoc staff of INEC;
• Conduct training on election process and procedures for civil society and security agencies in Nigeria

NUMBER OF CLAUSES/PARTS

The Bill has 17 Clauses including interpretation and short title

IMPLICATIONS OF THE BILL

When this Bill is passed…

An independent entity – INEC Institute shall supersede the existing National Electoral Institute, which is currently a unit within the INEC. The Bill seeks to constitute this unit into an independent body. Though the functions appear to subsume the role and functions of the existing institute and constitute it into a separate entity, there is a question as to whether it can successfully complement and support INEC in the light of it being a separate organization outside INEC’s control.

SUMMARY OF THE PROVISIONS OF THE BILL

1.     Establishment of the Institute: -

        Clauses 1 – 4 provide for:

• The governance structure of the Institute:
  • Establishment of the Governing Council (“the Council);
  • Membership of the Council (6 persons from each geo-political zone with 2 of them women);
  • Functions of the Council, and
  • Powers of the Institute

2.     Funding of the Institute

       Clauses 5 – 6 provide for:

• Funding of the Institute:
  • Establishment and maintenance of the Fund; and
  • Application of the funds (cost of administration, salaries, allowances, fees, contracts, consultancies and purchases made for the benefit of the Institute)

3.        Staffing of the Institute: -

          Clauses 7 – 9 provide for the staffing of the institute -

• Appointment of the Director-General to Chief Executive and Academic Officer of the Institute by the President for a period of 4 years, renewable for another term of 4 years;
• Establishment of departments, each to be headed by a Director or such other officer on the recommendation of the management and approval of the Governing Council;
• Establishment of an Academic Board, with the Director-General as Chairman and heads of departments and other senior academic staff as members;
• Staff shall be employed according to procedure of employment as may be stipulated by the Council

4.         Regulations

            Clauses 10 – 11 provide for regulations guiding the conduct of staff of the Institute -

• The Council may, subject to the provision of this Bill (when it becomes law) make staff regulations relating to the conditions of service:
  • Appointment, promotion and disciplinary measures of employees of the Institute;
  • Appeals against dismissal or other disciplinary measures; any instrument relating to conditions of service
• The Bill provides that the Institute shall have the power to accept gifts and bequest upon such terms that do not compromise its capability to fulfill its objectives and sustain its non-partisan policy

5.            Accounts and Financial Reports: -

           Clauses 12 – 14 provide for the Institute’s accounts management –

• The Director-General shall present on or before August 31 of every year, an estimate of expenditure and incomes of the institute for the next fiscal year, to the Council
• The Chairman of the Council shall not later than September 30 or any other date stipulated by law submit to the National Assembly an estimate of the expenditure and income of the Institute approved by Council for the next fiscal year for incorporation into the budget of the federation.

SUMMARY

The Bill seeks to establish an Independent National Electoral Commission Institute (INEC Institute) to provide and promote research and policy insights for the implementation of the Independent National Electoral Commission (“the Commission”). While the Bill under Clause 4(c) provides for the conduct of periodic training on election process and procedures for civil societies and members of security agencies, the Electoral Act provides under Section 2 that INEC shall have the power to conduct voter and civic education, and promote knowledge of sound democratic election. The Bill needs to provide clarification of the “periodic training on electoral process” under Clause 4(c) in order to differentiate between it and the civic education, which INEC has powers to conduct under the Electoral Act.

The Bill provides for the establishment of a Fund for the Institute under Clause 5(1) to promote the general functions of the Institute. However, Section 3 of the Electoral Act provides for the establishment of INEC fund for the general administration of the Commission; raising the question as to why there should exist two funds for the Commission and the Institute respectively, instead of just one. Since the Institute shall be working hand-in-hand with INEC when the Bill is passed into law, there is no reason for the creation of a separate fund.

The idea of setting up an electoral institute will benefit the Commission in terms of capacity building of its staff members; however establishing the Institute as a body independent of the Commission would amount to adding another body to the heavily clad government that Nigeria is running. The Institute can be a subset or an arm of the Commission and be effective in providing support to relevant stakeholders, without assuming the status of an independent government agency. The Bill is currently at committee stage and requires a thorough review to reflect the recommendation of this analysis before its passage.

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