Free and Fair Elections: What the Term Really Means

"Free and fair" is the most used — and least defined — phrase in election commentary. Every party claims it. Every observer deploys it. Every losing candidate demands it.

But the term has a specific meaning in international electoral standards, and understanding that meaning changes how you read election results.

"Free" and "Fair" Are Two Separate Tests

An election is free if citizens can participate without coercion. This means:

• Freedom to register and to vote
• Freedom to stand for office
• Freedom of speech, assembly, and association during the campaign
• Freedom from violence and intimidation at the polls
• Access to the polls for all eligible voters

An election is fair if the rules and institutions are impartial. This means:

• An independent electoral commission
• Equal access to state media
• Transparent campaign finance rules
• A neutral security apparatus
• A credible dispute resolution mechanism
• A level playing field for all contestants

An election can be free without being fair — for example, voters cast ballots without coercion, but state media gives one candidate vastly more coverage. An election can be fair without being free — the rules are impartial, but voters are intimidated in specific areas.

The phrase "free and fair" requires both. Neither alone is enough.

The Five International Pillars

The Declaration of Principles for International Election Observation, endorsed by the UN and dozens of inter-governmental bodies, identifies five pillars of a genuine election:

1. Universal and equal suffrage — every adult citizen can vote, and each vote counts equally. 2. The right to stand for public office — candidates can contest without arbitrary exclusion. 3. A transparent process — the rules and their application are visible to citizens. 4. Accountability — officials are answerable for the integrity of the process. 5. Public confidence — citizens trust the process enough to accept the outcome.

No election is perfect on all five. The job of observers is to assess how far short of the standard an election falls, and where.

Why "Credible" Is Not the Same as "Free and Fair"

International observers often conclude that an election was "credible" without calling it "free and fair." This distinction matters.

A credible election is one in which the outcome broadly reflects the will of the voters, even if some specific flaws were present. It is a pragmatic judgment.

A free and fair election is one in which the entire process met the international standard. It is a much higher bar.

Nigeria's 2011 election was widely judged as the most credible since 1999, but few observers called it fully free and fair. The 2015 election was judged credible and a step forward, with significant concerns in specific states. The 2023 election was judged by many observers as falling below the standard of credibility, even though the legal process ultimately upheld the result.

What This Means for Citizens

Reading election commentary with the free-and-fair framework in mind helps you cut through partisanship. When a party claims an election was "free and fair," ask:

• Were voters free from intimidation in all parts of the country?
• Was the electoral commission genuinely independent?
• Was state media coverage balanced?
• Were campaign finance rules enforced?
• Was there a credible dispute mechanism?

When the answer to several of these is no, the election may still produce a result that reflects the will of voters. But calling it "free and fair" stretches the term beyond its meaning.

The Work of the Term

"Free and fair" is not a slogan. It is a standard. And like any standard, it is only as strong as the people willing to apply it consistently — to the elections they won and the elections they lost.

At Watch Nigeria Elections, we hold ourselves to that standard. We document polling units not to defend a party, but to defend the standard. When the evidence supports the result, we say so. When the evidence raises questions, we raise them.

The phrase belongs to citizens, not to parties. Use it precisely.