By Gabriel Ewepu

In this interview, the Executive Director, Kimpact Development Initiative, KDI, Bukola Idowu, who also is an election observer, looks at the readiness of the Independent National Electoral Commission, INEC, for the Area Council elections in the Federal Capital Territory, FCT, Abuja, and also spoke extensively on the Public Order Act.

As an election observer what is your analysis of the electoral process in the nation’s capital ahead of the February 21 Area council elections?

From an observer’s standpoint, the electoral process in the FCT shows the usual mix of preparation strengths and areas requiring continued attention. Logistical planning, voter awareness efforts, and stakeholder engagements appear to be ongoing, which is positive. “At the same time, election integrity is not determined only by preparation but by consistent implementation on election day and effective post-election dispute management. The most important indicators remain transparency in procedures, equal access for contestants, and timely communication by the electoral management body.

What can you say about the campaign process, has it been peaceful and in accordance with the Electoral Act?
Campaign environments often vary across locations and political actors. Broadly, public reports and stakeholder engagements suggest that many campaign activities have proceeded without major disruption, though isolated concerns are not uncommon in any competitive political setting. “The key benchmark is whether parties and candidates continue to adhere to campaign finance rules, avoid inflammatory rhetoric, and respect public order. Sustained monitoring and civic education help maintain compliance with the Electoral Act.

As an election observer, do you see INEC delivering a free and fair election in FCT Area Council elections?
“Election delivery is ultimately assessed through processes rather than assurances. What observers look for are clear operational guidelines, timely deployment of materials and personnel, openness to scrutiny, and responsiveness to complaints. Where these elements are present and consistently applied, they strengthen confidence in the credibility of the outcome. Institutional preparedness combined with stakeholder cooperation is more determinative than predictions.

Has there been any pre-election issues of violence and intimidation among political actors?
At the time of speaking, there have been no confirmed reports of large-scale electoral violence or fatalities within the FCT directly linked to the forthcoming Area Council elections.

“However, the pre-election environment has not been entirely tension-free. What we have observed are localized incidents of political tension, protests, and strong preventive messaging from security agencies, which are fairly common in competitive electoral cycles.“For instance, early January witnessed a protest by supporters of a political party at the electoral commission’s headquarters over candidate listing concerns. “More recently, the FCT Police Command advised the rescheduling of a planned labour protest based on intelligence suggesting possible infiltration by disruptive actors. “

These developments indicate heightened political sensitivity rather than systemic electoral violence. It is also important to note that general urban insecurity trends, such as robbery or kidnapping incidents in certain satellite communities, may influence public perception of safety around elections even when they are not election-specific. “From an observer’s standpoint, the key takeaway is that while large-scale violence is not evident, continued vigilance, transparent communication, and early response mechanisms remain necessary to sustain a calm electoral atmosphere.

“Are political parties and their candidates showing any form of readiness and playing according to the electoral rules?“

“Political parties and candidates appear to be actively engaged and generally within the legally permitted campaign window. Since the official lifting of the campaign restriction period, activities have largely shifted from internal party organisation to broader voter outreach, media engagement, and grassroots mobilization.

“Readiness levels vary across parties, which is typical in multi-party contests. Major parties have demonstrated visible campaign structures, candidate validations, and mobilisation efforts, particularly in rural and peri-urban councils where door-to-door engagement and local rallies are more pronounced and urban campaign visibility has been relatively moderate.“

“Do you have any confidence in the FCT council electoral process from your experience as an election observer?““Observer confidence at this stage can best be described as measured and conditional rather than absolute. “On the institutional side, there are several positive indicators from INEC’s communication of its preparedness. Public declarations of neutrality from heads of security formations will also provide reassurance regarding professional conduct expectations.

“On the CSO path, multiple accredited observer groups are already conducting pre-election assessments, which contributes to transparency and early detection of irregularities.

“Nevertheless, many observers group have also noted socio-political concerns that influence public perception, including voter apathy, lingering distrust from previous electoral cycles, fears of vote-buying, and the growing impact of misinformation.

“These factors do not necessarily invalidate the technical framework, but they shape how outcomes are received by citizens.“In summary, the technical and administrative architecture inspires a degree of confidence, while the broader political and information environment requires continued attention. Confidence in elections is often built through consistent transparency before, during, and after the polls.

“Insecurity is a major challenge affecting the electoral process, what do think should be done by INEC to address it before, during and after the election?“

“It is important to clarify that INEC is not a security agency and does not exercise direct operational control over policing or military deployments. Its role is primarily coordination, planning, and communication through multi-agency structures such as the Inter-Agency Consultative Committee on Election Security (ICCES). Within that framework, INEC’s actions significantly influence the level of public trust and institutional preparedness.

“For INEC, before the election, the focus is typically on risk assessment, stakeholder consultations, and preventive planning. This includes mapping potential flashpoints, conducting multi-stakeholder workshops, training personnel on electoral guidelines and neutrality, and strengthening voter education to reduce misinformation-driven tensions. Particular attention is often given to the safety of ad-hoc staff such as youth corps members who serve as polling officials.

“During the election, effective coordination becomes central. Joint situation rooms, static and mobile security deployment at polling units, and protection of sensitive materials are critical operational measures usually implemented through ICCES collaboration. Clear and timely communication from the electoral body helps prevent confusion and rumor-driven panic.

“After the election, attention shifts to secure collation processes, post-election audits, and accessible complaint mechanisms. Dialogue platforms involving community leaders and civil society organisations also help de-escalate tensions where results are contested.

“One contextual challenge is the urban-rural security divide, where central districts may remain relatively stable while some satellite or border communities experience broader insecurity trends unrelated to elections but capable of affecting logistics and voter turnout. Addressing this requires early coordination rather than last-minute reaction.

“Overall, the most effective contribution INEC can make is transparent planning, continuous communication, and strong inter-agency collaboration, ensuring that security planning complements electoral integrity without compromising citizens’ confidence or participation.“

“What’s your counsel to INEC, political parties and their candidates, security agencies, FCT voters, and election observers?“

“The shared priority for all stakeholders is credibility and public confidence. For the electoral management body, clarity of procedures and timely communication are essential. Political parties and candidates benefit from issue-based campaigns and respect for electoral guidelines. Security agencies strengthen legitimacy through neutrality and proportionality in their operations. “Voters play a central role by participating peacefully and verifying information before sharing it. Observers contribute by documenting processes objectively and providing evidence-based feedback. When each group fulfils its role responsibly, the overall process becomes more stable and trusted.“

“What prompted the recent ‘Multi-stakeholder Roundtable to Strengthen Civic Space Advocacy and Media Engagement’?“

“The roundtable was prompted by a growing recognition that Nigeria’s civic space is shaped not only by laws on paper but by how those laws are interpreted and applied in practice. We observed recurring conversations around public assemblies, protest management, media coverage of public gatherings, and the operational role of security agencies, and we felt it was important to bring all key actors into the same room.

“The objective was not to single out any institution, but to create a shared platform for dialogue among civil society organisations, the media, security agencies, human rights bodies, and legal experts. We wanted
to discuss practical challenges in the field and explore how cooperation and transparency can strengthen both public order and constitutional freedoms.

“In essence, the roundtable was about alignment and mutual understanding so that public order and civic participation can reinforce, rather than undermine, each other.““What is your assessment of the Public Order Act and Nigeria’s democratic development?“

“The Public Order Act was enacted in 1979 during Nigeria’s transition from military rule to civilian government, at a time when national priorities were heavily focused on stability and control of public gatherings.

“Historically, the Act can be traced even further back to the colonial Public Order Ordinances of 1917, which were originally introduced to regulate assemblies and political mobilisation under colonial administration.“Over the years, Nigeria’s democratic institutions, constitutional jurisprudence, and civic culture have evolved significantly, especially following the 1999 Constitution and several court decisions affirming the right to peaceful assembly and expression. “In that context, the Act today sits in a somewhat complex position.

It still performs a legitimate regulatory function in principle, because every society requires a framework for managing public gatherings and ensuring safety. However, certain provisions have not fully kept pace with constitutional and institutional developments.“Beyond questions of rights and discretion, the Public Order Act raises important issues of constitutional coherence within Nigeria’s federal structure: Notably, “public order” is not expressly listed under the Exclusive or Concurrent Legislative Lists of the 1999 Constitution. This omission has significant implications for legislative authority and jurisdiction.

“Section 11(1)–(5) of the Constitution recognises that public order and public safety are primarily within the purview of state authorities, while also empowering the National Assembly to intervene under clearly defined circumstances to preserve peace and unity.

This framework suggests that public order regulation must be carefully calibrated to respect both federal and state competencies. “Also, section 45(1)(a) of the Constitution permits restrictions on fundamental rights, including freedom of assembly, only where such restrictions are reasonably justifiable in a democratic society in the interest of public order, public safety, or public morality. “This constitutional threshold underscores the need for clarity, proportionality, and necessity in any statutory framework governing assemblies, which is not reflected in the POA.

“Further, Sections 215(3) and 305(c)–(d) situate public order and security within a broader constitutional architecture that contemplates emergency powers and federal intervention only under exceptional and clearly defined conditions. Taken all these sections together, these provisions indicate that public order regulation was never intended to operate as an open-ended or discretionary regime detached from constitutional safeguards.

“So, the assessment is not that the law lacks purpose, but that it reflects an earlier governance era and would benefit from legislative clarification and modernisation so that statutory text, constitutional interpretation, and operational practice align more clearly. This alignment would support citizens, lawmakers, and security agencies alike.““What are the areas you think can improve the POA as far as the civic space is concerned?“

“Improvement is primarily about clarity, modernisation, and institutional alignment, rather than the removal of regulation. The aim is to ensure that public order management continues to protect safety while also providing predictable legal guidance and reinforcing constitutional freedoms.

“One key area is the licensing framework. Judicial decisions have clarified that peaceful assembly is a constitutional right, and many democratic jurisdictions now operate notification systems rather than permission systems. “Notification still allows authorities to plan for safety and logistics, but it preserves the character of assembly as a right rather than a privilege.

Another area is the definition of discretionary terms such as “serious disorder,” “reasonable grounds,” and similar thresholds. Clear statutory definitions reduce uncertainty for both citizens and law enforcement officers, promote consistency across jurisdictions, and protect officers who act in good faith from avoidable legal exposure.“

“A further area is constitutional and structural coherence, including updating outdated references and expressly addressing the status of the Federal Capital Territory.

This is less about ideology and more about technical legislative housekeeping that ensures the law reflects current constitutional structures and judicial interpretations.

“Overall, the direction of improvement is toward legal precision, facilitative human rights policing, and institutional clarity. These changes would strengthen civic space while also enhancing professional policing, operational predictability, and public confidence in public order management.“

“Do you envisage any possible use of brutal force by incumbents during the 2027 general elections to intimidate and gag CSOs, media and opposition parties?“

“It is not productive to speculate about future misconduct or attribute intentions to any institution or political actor. Elections are high-stakes periods in every democracy, and tensions can naturally rise.

What is important is that Nigeria already has constitutional safeguards, statutory frameworks, and oversight institutions designed to guide conduct during electoral cycles.“What is more constructive is to focus on strengthening preventive safeguards and institutional preparedness ahead of election cycles. Continuous training for security agencies, public awareness of rights and responsibilities, strong institutional coordination, and transparent and continuous dialogue among electoral bodies, security agencies, civil society, and the media all reduce the likelihood of confrontation.

“The emphasis is on ensuring that public order management is facilitative and proportionate, and that all stakeholders, including political actors, civil society, and security institutions, operate within the bounds of the law. When institutions work collaboratively and transparently, the environment for elections becomes more stable and predictable.“

“What is your advice to the police and other security agencies on abiding by the Electoral Act to allow flow of the 2027 general elections?“

“Security agencies already operate within established legal and professional frameworks, and their role during elections is both sensitive and essential. The key consideration is continued emphasis on neutrality, proportionality, and facilitation of lawful civic participation.“Clear operational guidelines, refresher training on human rights standards, and collaboration with electoral management bodies help ensure consistency across commands and jurisdictions.

When officers have clear legal direction and predictable procedures, it protects both citizens and the officers themselves from unnecessary conflict or reputational risk.“The broader objective is to maintain public confidence and institutional credibility. Professional, transparent, and rights-respecting security operations during elections reinforce trust in democratic processes and contribute to peaceful and orderly participation by all stakeholders.

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