Should President retain power to appoint INEC chairman?
As the name stipulates, INEC in itself
is an independent body. For this to be truly so, it means the commission
should not depend on any arm of government for anything. The body
should be able to exercise that autonomy and the process leading to the
emergence of the chairman of the commission should be independent. The
President of Nigeria should not be the one to appoint the INEC chairman.
As humans, we are likely to listen to the dictates of the person that
appointed us at some point.
An INEC chairman is likely to have
sympathy for the President that appointed him and when this happens, we
are not practising true democracy. There should be an independent
process that should lead to the emergence of the INEC chairman, maybe
through the hierarchy within the system. For our democracy to be
sustained, we need to truly separate the powers. If the legislature
should depend on the executive arm for the release of statutory funds,
things will definitely not work smoothly. If the power to appoint the
INEC chairman is taken away from the President, it will be a boost to
our democracy.
- Chukwunyere John (Principal Partner, Chukwunyere John and Co., Lagos)
The Chairman of the Independent National
Electoral Commission being an umpire officiating in the game of
politics ought not to be appointed by a player or a participant in the
game, because there is the need for neutrality. Where he is appointed by
the President or any person, there is the tendency to reciprocate what
the other person has done for him through the appointment. I would
rather have loved a case whereby an independent body would appoint, or
any situation that will guarantee more neutrality other than the umpire
being appointed by someone who is going to participate in the game.
One may refer to the appointment of
Prof. Attahiru Jega, who was appointed as INEC boss by former President
Goodluck Jonathan, as excellent. The decision of Dr Goodluck Jonathan
to concede defeat and Prof. Attahiru Jega’s ability to declare former
opposition candidate, now President Muhammadu Buhari, as the winner of
the 2015 presidential election, was quite an exception in this part of
the world. However, in some countries, the President does not appoint
the chairman of the electoral body.
I would love a situation where there can
be more impartiality; where a mechanism is activated to enable an
independent body to appoint the INEC boss. Members of the impartial
selection body could include, but not limited to, key professional
bodies like the National Association of Nigerian Students, the Nigerian
Bar Association, and some sound elder statesmen; maybe one from each of
the six geo-political zones of the country who have not yet been tainted
by the murky waters of politics. Along that line, it is not limited to
the ones identified. Also, the National Judicial Commission could be
among.
- Abayomi Arabambi (Chairman, Labour Party, Ogun State)
T do not support sections of the 1999
Constitution and other amendments so far made with respect to the power
given to the President to appoint the chairman of Independent National
Electoral Commission.
Once the power to choose is still vested
in the President, it will be abused to favour the ruling party to rig
elections and Nigerians and the country will be placed under the siege
of tyranny. The tyranny of such powers was exercised by the President
Muhammadu Buhari-led All Progressives Congress not too long ago when he
appointed his niece into INEC and even refused to remove those above 60
years from the service of the commission.
Another evidence of why the power to
appoint the INEC chairman should be removed from the President was
exposed during the Kogi election when the Attorney General and Minister
of Justice advised INEC to direct APC on how to conduct its primary
after the demise of the former Governor Abubakar Audu.
This absolute power also came to play
recently when a national commissioner of INEC accused Governor Yaya
Bello of Kogi State of double registration, but the national chairman of
the commission could not do anything because he was appointed by the
President who is from the same party with the governor.
We now have an INEC chairman appointed
by the President to conduct inconclusive elections. I will suggest that
such powers to appoint the INEC chairman should rather be vested in the
National Assembly to appoint a credible person from the group of retired
Supreme Court or Appeal Court judges so that Nigeria will never again
be visited with the kind of tyranny witnessed under the military.
- Boladale Bamigbola (Journalist)
I think it will be better if the
President is relieved of the task of appointing the Chairman of the
Independent National Electoral Commission. If the task should be taken
off the President, who should be given the task? If the National
Assembly is given that task, the likelihood of a party man emerging as
the INEC boss is still very high. If civil societies are saddled with
the responsibility, recent happenings are pointing towards them getting
involved in politics too. If the Chief Justice of the Federation is
given the task, the revelations coming from that arm of government in
recent months are not so good for our image as a country, and wrong
persons may still emerge.
If at all, the President won’t be
allowed to singlehandedly pick the INEC chairman, the Council of State
should be given the task. The Council of State, to a large extent, with
the experience of members should be able to come up with those Nigerians
with proven integrity, requisite experience and composure to lead the
nation’s electoral body.
Out of several people that will be
nominated by members, the person that will eventually take the job
should be voted into office by members. There is no region that is not
represented in the Council of State. And with the experience the members
must have gathered over the years, an average Nigerian will expect them
to be above board and put the nation first before other considerations.
In this wise, the constitution should be amended and the Council of
State should be given the task of picking the INEC chairman.
- Ezenwa Nwagwu (Partners for Electoral Reforms)
For almost every position in the
country, the President appoints. The President appoints the Central Bank
governor, the INEC chairman and almost every significant appointment.
You name an organisation as the
Independent National Electoral Commission and the President appoints the
chairman. It will take a lot for that President not to have influence
over his appointee in such a case.
In South Africa, it is not President
Jacob Zuma that appoints the head of the electoral body; it is
advertised. It does not lend credence to claims of independence when the
President appoints.
It is like when you have a football
match and the team playing at home is given the liberty to pick the
referee, especially when the President is going to be a candidate in the
election.
You can say that ‘the man is a good man’
and will not interfere, but in the law-making process, you don’t talk
about a good man; you must put safeguards to strengthen our
institutions.
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