Hurdles for independent candidates in feisty political setting

The plan to introduce non-party-sponsored candidates through a bill seeking to amend the constitution is eliciting excitement for many citizens, who are frustrated by the current political system. But as the bill undergoes legislative processes in the House of Representatives, dislodging the existing party structures to win an election as an independent candidate may remain a pipe dream, AMEH OCHOJILA reports. 

The bill before the National Assembly proposing the introduction of non-party-sponsored candidates, or independent candidates represents a significant moment for Nigerian politics. If passed, this legislation could fundamentally reshape the electoral landscape, by allowing individuals to contest elections without the backing of political parties.

Titled: “A bill For An Act To Alter The Provisions Of The Constitution Of The Federal Republic of Nigeria, 1999 As (amended) To Allow For The Participation of Candidates Who Are Not Sponsored By Political Parties In Presidential, Governorship, National Assembly, State Houses of Assembly And Local Government Councils Elections, And For Related Matters, 2024,” is sponsored by Akintunde Rotimi.

The bill seeks to amend the 1999 Constitution to allow independent candidates (those not sponsored by political parties) to contest for elective positions at all levels, including the presidency, governorship, and legislative offices.

Among other things, independent candidates would be required to gather verified signatures from at least 10 per cent of registered voters (across the two-thirds majority of electoral wards) or local government areas, depending on the offices that they seek. These signatures will be verified by the Independent National Electoral Commission (INEC), which will also ensure that voters do not support more than one independent candidate for the same office.

It further mandates INEC to develop guidelines for independent candidates, ensuring they have equal access to public debates, media coverage, and campaign funding regulations, similar to party-sponsored candidates. Independent candidates will also need to pay a security deposit, which will be forfeited if they fail to secure at least 10 per cent of the total votes.

In addition, the bill requires INEC to conduct public awareness campaigns to educate voters on the role of independent candidates in the electoral process and to submit yearly reports to the National Assembly on the progress and challenges of implementing independent candidature.

For decades, the Nigerian political system has been defined by the dominance of political parties, with parties controlling access to elective positions and often sidelining candidates who do not conform to their internal agendas.

One of the most important aspects of the proposed bill is that it opens up the political space for a broader spectrum of potential candidates. By enabling individuals to run for office without being tied to the structures of a political party, the bill offers a pathway for people who may not fit into the rigid frameworks or internal politics of established parties.

This inclusivity would no doubt see technocrats, activists, and community leaders with strong grassroots support contest for public offices, thereby enriching the quality of political competition. Such a shift could also reduce the influence of political godfathers, who traditionally use party machinery to control candidate nominations and electoral processes.

For political observers, another potential benefit of this legislation lies in the relationship between candidates and voters. Party-backed candidates are often beholden to their party leadership, sometimes prioritising party interests over those of their constituents.

However, independent candidates would be directly accountable to the electorate, building campaigns around local issues and focusing on the needs of voters. This could introduce a new era of issue-based politics in Nigeria, where performance and track record of candidates become the primary determinants of electoral success.

Despite these potential benefits, the bill still faces serious challenges. First, the Constitution and Electoral Act currently do not provide for independent candidacy, meaning that the introduction of such a system would require significant constitutional alteration.

The process of constitutional alteration is often slow and complicated, particularly when it threatens entrenched political interests. The governors mostly control the legislature in their states, while the lawmakers, who are products of the current party system may be reluctant to support a bill that diminishes the power of political parties, given that their political careers have been built within this structure.

Also, political parties themselves are likely to resist this change because the possibility of losing their grip on candidates’ selection is a direct threat to their influence. Furthermore, there are concerns that allowing independent candidates could lead to political fragmentation. With an influx of individuals contesting elections without the backing of political parties, the vote could be splintered, leading to candidates winning with a small percentage of the vote and potentially creating issues of legitimacy.

Independent candidacy would also bring about financial and logistical challenges. Running for a political office in Nigeria is notoriously expensive, and without the support of a political party, independent candidates would have to mobilise resources on their own. This could limit the participation of capable individuals, who lack the financial means to run competitive campaigns.

Another possible obstacle to the bill’s success is voter perception. Many Nigerian voters are deeply loyal to political parties, and the concept of independent candidacy may take time to be fully embraced. Consequently, a robust voter education campaign would be needed to explain the benefits of independent candidacy, and how it can serve as an alternative to the traditional party system.

Moreover, the self-interest of lawmakers could pose a significant barrier. Given that many members of the National Assembly owe their political careers to party sponsorship, they may view the introduction of non-party-sponsored candidates as a threat to their re-election prospects. This resistance could hinder the passage of the bill or lead to its dilution through amendments.

While the bill on independent candidates has the potential to broaden political participation and weaken the grip of political parties, it faces substantial legal, political, and operational hurdles. The debate on this bill will test the readiness of Nigeria’s political system to embrace reform and expand its democratic space. The passage of the bill, if achieved, could usher in a new era of accountability and voter-centred governance.

However, its success will depend on the ability of lawmakers and political stakeholders to prioritise the long-term health of the country’s democracy over short-term political gains.

In addition, even if the bill scales through and eventually becomes law, an independent candidate winning an election in a political environment where rigging, violence, thuggery, vote-buying and disenfranchisement are the order of the day, will amount to the proverbial cow passing through the eyes of the needle.

In other words, party-sponsored electoral malpractices, which usually culminate in vote theft, voter-intimidation, vote-buying, manipulations and subversions would be a serious hindrance for an independent candidate, who will certainly have no such platform, to win election in Nigeria, no matter how popular the fellow may be.

Also, there is no guarantee about the integrity of the electoral umpire in ensuring that the right things are done, and substantiated cases of electoral fraud punished to serve as deterrent to others. Of course, the highest bidder will most likely carry the day when unscrupulous electoral officials are in charge.

The consequences of these are that though the law may exist on paper, people would be discouraged from embracing it. In the end, the euphoria of its enactment would die off. As long as candidates who attempt to run independently remain unsuccessful and muscled out of the way by party behemoths, partial electoral umpire, and corrupt judiciary, competent Nigerians will shun the process and regard the effort as futile.

Until the political climate evolves to the point where the electorate determines who rules and not the moneybags and their parties, it would be pointless rejoicing over the potential law.

For instance, in saner political environments where independent candidacy exists like America, no such candidate has ever won the office of the President. Over the years, some independent candidates have won elections into the parliament, but the presidency has remained a tall order.

The law didn’t preclude the office of the president for such candidates, but the lack of a national platform inhibits their performances in such elections. So, what happens in a developing country like Nigeria where election is a do-or-die affair can only be imagined.

Therefore, apart from the ills of political party structure already enumerated, political parties have their benefits for a successful outing when properly used.

Giving his perspective on the issue, Bayo Akindele, a legal practitioner said that even as Nigeria is evolving politically, there is nothing new about the concept or the idea of independent candidacy.

He, however, expressed doubts that the lawmakers would allow the amendment saying: “If they allow it, then it says a lot about the members of the National Assembly, who are all there by the selections of their various parties.”

Akindele further expressed pessimism that lawmakers who allegedly benefited from such illegality of selection rather than the election would allow the amendment to scale through.

For a Senior Advocate of Nigeria, Ebute Moses, paving the way for the emergence of independent candidates means that the country has decided to copy the presidential system of government as practised in America, where there is provision for independent candidacy.

While pointing out that only constitutional amendments or alterations would make that happen, he noted that the introduction of independent candidacy would be a welcome development as it would checkmate the overbearing attitude and shenanigans of political parties in frustrating the emergence of popular aspirants within party structures.

He added that development can reduce the number of pre-election matters in court, as frustrated aspirants can easily dump their party/parties and go solo. “This will give a breathing space to our judiciary to face other matters properly and shield them from unnecessary pressure/criticisms and controversies,” he said.

Another Senior Advocate of Nigeria, Douglas Terkura Pepe, agreed that the constitution must be amended to allow independent candidates to contest for political offices in the country.

“If the constitutional amendment sails through, then it will be a positive facet to our political development. It will be a liberalisation of our political space, which is now controlled by political parties with no ideology. Individuals with sterling records can market themselves directly to the electorate, avoiding the corruption that has taken over the nomination process in our political parties,” he emphasised.