By Obike Ukoh.
(C) Shutterstock.
The election that ushered in democratically elected chairmen and councilors into the 774 local government councils across the country in 1999 was conducted by the National Independent Electoral Commission (INEC).
That was the last nationwide council election to be conducted by INEC. Why?
The reason INEC conducted the election in the first place, was obvious, even though the 1999 Constitution did not empower the Commission to conduct local government elections.
Under the 1999 Constitution, it is the sole responsibility of State Independent Electoral Commissions (SIECs) to conduct local government election in their respective states.
It was understandable that INEC conducted the election across the country as SIECs were not yet in place.
Section 7 of the 1999 Constitution provides inter alia: “ The system of local government by democratically elected council is under this constitution guaranteed and accordingly, the government of every state shall, subject to this section of the Constitution, ensure their existence under a law which provides for the establishment, structure, composition, finance and function of such councils.’’
That local government council election conducted by INEC in 1999 was not like a football match, in which everybody already knows the winner.
There was no SIEC yet, in which a state governor would exert power of incumbency.
In Ebonyi State for example, that produced a People’s Democratic Party (PDP) governor, Dr Sam Egwu; the All People’s Party (APP), won four out of the 13 chairmanship seats in the state.
The scenario in Ebonyi, was definitely the same across the country.
But with SIECs, given legal force by the various state house of assemblies, the music changed, and has remained the same till today. Council elections across the country are just formality, as all the seats must be won by the party in power.
This is a known fact, but who would correct this anomaly? To strengthen the local government system, stakeholders have stressed the need to completely overhaul SIECs, while others suggest complete scrapping.
They say that SIECs have indeed become the marching carpets of state governors.
After the July 2025 Lagos State Local Government Councils election in which 15 political parties participated, but the ruling All Progressive Congress (APC),won all the seats, the Accord Party, reiterated calls for the scrapping of the SIECs.
The state’s party Chairman, Mr Dele Oladeji, said that the SIECs were not in any way independent, stressing that scrapping them would ensure the will of the people prevail at the grassroots.
He suggested transferring their functions to INEC to enhance democracy and ensure healthy political participation and competition at the grassroots.
Oladeji said: “Nigerians are ready, Nigerian are prepared for better elections, but when the umpire is biased, there is nothing they can do, and a lack of confidence in the process is the root cause of apathy.
“ SIECs are not in any way independent. LASIEC is an example. They are not in any way independent.
“So, if we want true democracy at the grassroots, there is a need for INEC to take over the conduct of state elections.’’
According to him, the argument that INEC will be over burdened, is an excuse not to make progress.
“INEC won`t be overburdened. It is a lie. INEC has been around for some time, fine-turning its operations.
“INEC can effectively and efficiently conduct local government elections, just as they do for state and national elections,’’ Oladeji noted.
Even before Oladeji’s outburst after the Lagos State local government council election, a bill was before the National Assembly seeking the scrapping of SIECs.
The bill seeks to alter Section 197, 201 and 202 of the Constitution to give INEC powers to conduct local
government area council elections.
The main argument was because of issues raised about the transparency of elections conducted by SIECs, which are often perceived as being vulnerable to political influence from state governors and ruling parties.
Critics allege that this influence results in partisanship and undermines electoral standards.
Proponents of the bill believe that transferring control to INEC, generally viewed as a more trusted body, could enhance the legitimacy of local elections.
Advocates also argue that having a single body to manage elections at all tiers, would promote greater uniformity in electoral processes across the country.
All in all, the bill aims to address perceived weaknesses in the local government electoral framework by transferring oversight to a more trusted institution.
In the same vein, Dr Ben Igwenyi, a constitutional lawyer and an Abakaliki based legal practitioner, affirmed that the electoral system at the local government level will remain uncompetitive if the conduct is carried out by SIECs.
Igwenyi, who is also a lecturer, Faculty of Law, Ebonyi State University, Abakaliki, like others, suggested that the Constitution should be amended to remove SIECs from conducting local government polls and transfer same to INEC.
He noted that the present constitution did not recognize the local governments as federating units.
Igwenyi said that there is no magic that will make SIECs under the present arrangement to conduct credible polls.
“ As evidenced in all the elections they conducted, the parties in charge of the states, won all the chairmanship and councillorship seats.’’
The way out, the legal practitioner and constitutional lawyer stressed, is to transfer conduct of council polls to INEC.
As expected, managers of SIECs are opposed to the scrapping of the states’ electoral body.
But they agreed that SIECs should be strengthened to enable the electoral bodies deliver on their mandate.
The Forum of State Independent Electoral Commissions of Nigeria (FOSIECON), at its 13th National Delegates Conference, held in Jos from May 20-25, 2025, rejected calls for the abolition of SIECs.
They labelled such proposals as “mischievous and anti-federalist,” and reaffirmed that SIECs remain constitutionally protected and vital to Nigeria’s democratic development.
FOSIECON, in a communiqué issued after the conference, outlined series of strategic measures to rebrand and reposition these local election management bodies.
The communiqué was jointly signed by Chief Jossy Eze, National Chairman, and Associate Professor Joseph Aremo, National Secretary of the Forum.
FOSIECON called for the administrative independence and financial autonomy of SIECs ,describing this as a necessary step toward strengthening their ability to deliver on their constitutional mandates.
“Improved autonomy is the foundation for restoring public trust in the conduct of local government elections,” the communiqué stressed.
To address growing concerns about public perception and misinformation, FOSICON urged its members to “embark on regular public engagements with election stakeholders across the 774 local government areas.”
According to the body, such efforts will help build public confidence in the capacity of SIECs to conduct credible and transparent polls.
To further strengthen SIECS, the communiqué recommended the extension of legal and institutional frameworks that have strengthened the operations of INEC to also apply to SIECs.
It noted that such reforms would enable more effective and standardised performance at the state level.
On legislative reform, the communiqué urged state houses of assembly to adopt the relevant provisions of the Electoral Act 2022, regarding the procedure for conducting local government council elections, adding that, `doing so would “help ensure uniformity and certainty in the conduct of local government elections.”
Also, legal practitioners that spoke on strengthening SIECs to enable them conduct credible polls, stressed the need for a formidable legal framework.
They say that just like INEC, members of the SIECs are Nigerians, and can definitely conduct credible and acceptable polls with the right legal and constitutional protection.
Undoubtedly, stakeholders are in agreement that something should be done to strengthen SIECs to conduct credible and reliable elections.
Decisive action, should therefore be taken, to strengthen SIECs, in order for acceptable leaders to emerge to preside over the affairs of local government councils across the nation. (ENDS)
