Committee Reports

Letter to the Nigerian Government and Presidential Candidates Urging Commitment to Election Integrity

SUMMARY

The African Affairs Committee and the Cyrus R. Vance Center for International Justice wrote a letter to the Nigerian government and all presidential candidates in Nigeria’s upcoming elections urging that they encourage, enable and protect free and fair general elections. The letter expresses concern with recent events in Nigeria as well as with the nature and scale of election-related violence. The letter calls on the government of Nigeria to strengthen security for election infrastructure, poll sites and Independent National Election Commission offices. It also calls on candidates to disavow political violence to their supporters. The letter expresses optimism about the elections, calling them an opportunity “to enhance [Nigeria’s] political and economic stability and security, both internally and beyond its borders.” The letter urges government leaders to preserve this possibility by pursuing greater transparency in campaign financing as well as in the collation and transmission of election results, and to broadly stamp out historic forms of election corruption. “The world is watching,” the letter concludes. “The Association welcomes the involvement of the AU Special Pre-electoral Political Mission to Nigeria, civil society, and stakeholders throughout the country who are working to ensure the peaceful expression of diverse perspectives, free and fair elections, and the protection of human rights for all individuals.”

REPORT

February 17, 2023

His Excellency
President Muhammadu Buhari, GCFR
Office of the President
Aso Rock Presidential Villa
Shehu Shagari Way
Maitama, Abuja
Nigeria
info@statehouse.gov.ng

Re: Calling on the Government of Nigeria and all Presidential Candidates to Encourage, Enable and Protect Free and Fair General Election

Dear President Buhari and 2023 Presidential Candidates:

The New York City Bar Association (hereinafter “Association”)[1] calls on the Government of Nigeria and all Presidential Candidates to honor international commitments and constitutional principles by encouraging, enabling, and protecting free and fair general elections on 25 February 2023 and state elections thereafter.

The Association has been monitoring recent events in Nigeria and is concerned with the nature and scale of election-related violence, including attacks in late 2022 in the North West and North East,[2] armed violence and abduction of citizens in the South,[3] attacks on Independent National Election Commission (INEC) offices,[4] and several deaths connected with apparent attacks against election workers.[5] We urge the Government to be vigilant and strengthen the security around election infrastructure, poll sites, and INEC offices to ensure the safety of life and property while also making sure that Nigerian voters feel safe to vote on election day. The Association also urges each of the 2023 presidential candidates, regardless of the size of their support or their concerns about the fairness of the process, to emphasize to their supporters the unacceptability of any form of political violence in connection with the 2023 elections.

Further, the Association calls on all political actors to provide elections officials with the support necessary to enable all citizens who are registered to vote to exercise their civic responsibility to vote safely and at a location closest to wherever they may be.

The Association welcomes news of a surge of new voter registrations, particularly among young people. But it urges the Government to ensure (a) greater transparency in campaign financing and in the collation and transmission of election results; and (b) reductions of historic vote-buying and other forms of corruption, as these remain ongoing threats to the rule of law and sustainable democracy. The Association encourages the Government and the courts to stamp out impunity with respect to voter fraud and election-related corruption and apply the law equally to all citizens.

There are reasons for optimism in the elections of February 2023. We commend President Buhari’s commitment to constitutional term limits and Nigeria’s effort under his leadership to promote the rule of law and democracy in West Africa. With the potential to be the third consecutive peaceful transition of power since Nigeria’s independence in 1960, and reported to be one of the most high-stakes elections in decades, the presidential election in particular is key for the country and the continent. As the continent’s most populous country and a respected leader in the region, Nigeria can enhance political and economic stability and security, both internally and beyond its borders. Conversely, any democratic backsliding could also have a ripple effect in many African countries that may look to Nigeria as a model. The Government must thus act swiftly to bolster voter confidence, protect election infrastructure, and increase electoral accountability.

The world is watching. The Association welcomes the involvement of the AU Special Pre-electoral Political Mission to Nigeria, civil society, and stakeholders throughout the country who are working to ensure the peaceful expression of diverse perspectives, free and fair elections, and the protection of human rights for all individuals. We stand in solidarity with the people of Nigeria.

Respectfully,

Scott Caplan, Co-Chair
African Affairs Committee

Doris Toyou, Co-Chair
African Affairs Committee

Alexander Papachristou, Executive Director
Cyrus R. Vance Center for International Justice

Adaobi Egboka, Africa Program Director
Cyrus R. Vance Center for International Justice

Cc:

Independent National Electoral Commission (INEC)
PMB 0184 Garki,
FCT, Abuja,
NIGERIA.
iccc@inec.gov.ng

H.E. Moussa Faki Mahamat
Chairperson of the African Union Commission
PO Box 3243, Addis Ababa, ETHIOPIA
chairperson@africa-union.org

H.E. Nana Addo Dankwa Akufo-Addo
President of the Republic of Ghana and Chair of the Authority of Heads of State and
Government of the Economic Community of West African States
c/o ECOWAS Secretariat
101, Yakubu Gowon Crescent, Asokoro District P.M.B. 401
Abuja, NIGERIA
info@ecowas.int

Hon. Mary Beth Leonard
U.S. Embassy in Nigeria
Plot 1075 Diplomatic Drive
Central District Area, Abuja
Nigeria
AbujaACS@state.gov

H.E. Dr. Uzoma Emenike
Embassy of the Federal Republic of Nigeria
3519 International Court, NW
Washington, DC 20008
info@nigeriaembassyusa.org

Hon. Mary Catherine Phee
Assistant Secretary, Bureau of African Affairs
U.S. Department of State
2201 C Street, NW
Washington, D.C. 20520

House Foreign Affairs Subcommittee on Africa
Hon. John James, Chair
Hon. Sara Jacobs, Ranking Member
2170 Rayburn House Office Building
Washington, DC 20515

Senate Foreign Relations Subcommittee on Africa
Hon. Chris Van Hollen, Chair
Hon. Mike Rounds, Ranking Member
423 Dirksen Senate Office Building
Washington, D.C. 20510


Footnotes

[1] More than 150 years old, the New York City Bar Association (“Association”) is an organization of over 23,000 members in New York City and elsewhere throughout the United States and in more than 50 countries around the globe. Its members include judges, prosecutors, defense counsel, government lawyers, and public interest/non- governmental organization practitioners, as well as legal academics and attorneys representing nearly every major law firm and corporation in the United States. The Association has a long and distinguished history of promoting the rule of law and human rights, including the rights of legal professionals to fulfill their professional obligations. The Association’s African Affairs Committee (Scott Caplan and Doris Toyou, Co-Chairs) and the Cyrus R. Vance Center for International Justice (Alexander Papachristou, Executive Director and Adaobi Egboka, Africa Program Director) assisted with this statement. The African Affairs Committee would like to thank Justin Loveland, Esther Akhigbe, and Olayinka Dan-Salami for their assistance in preparing this statement.

[2] “Nigeria Election Violence Tracker, Situation Summary 13 December 2022 – 15 January 2023,” Armed Conflict Location & Event Data Project (ACLED), 19 January 2023, https://acleddata.com/2023/01/19/nigeria-election-violence-tracker-situation-summary-13-december-2022-15-january-2023/ (all links last accessed February 15, 2023).

[3] Chris Ewokor, “Nigeria elections 2023: Election commission warns violence could halt elections,” BBC News, 10 January 2023, https://www.bbc.com/news/world-africa-64223646.

[4] Chinedu Asadu, “Violent Attacks Threaten Nigeria’s Upcoming 2023 Elections,” AP News, Dec. 9, 2022, https://apnews.com/article/nigeria-government-ad45d526e58e8b03555d72226d66a86d.

[5] E.g., Samson Adenekan, “INEC official killed, two missing in Imo as Commission suspends CVR,” Premium Times (Nigeria), Apr. 14, 2022, https://www.premiumtimesng.com/news/headlines/523933-inec-official-killed-two-missing-in-imo-as-commission-suspends-cvr.html; Sodiq Omolaoye, “Missing INEC staff found dead in Anambra,” The Guardian (Nigeria), Oct. 1, 2022, https://guardian.ng/news/missing-inec-staff-found-dead-in-anambra/; Reuters, “Gunmen attack electoral office in southeast Nigeria, kill policeman,” Dec. 12, 2022, https://www.reuters.com/world/africa/gunmen-attack-electoral-office-southeast-nigeria-kill-policeman-2022-12-12/; Ope Adetayo, “Attacks on electoral commission spark concerns for Nigeria polls,” Al Jazeera, Jan. 18, 2023, https://www.aljazeera.com/features/2023/1/18/nigeria-electoral-commission-attacks-spark-polls-concern.