There is loss of confidence in the Independent National Electoral Commission (INEC) to conduct credible elections in light of past experiences by the electorate resulting in voter apathy. This has called to question the modus operandi for appointment of members of the electoral body. The Report of the Electoral Reform Committee of 2008 chaired by the late Hon. Justice Muhammadu Lawal Uwais, former Chief Justice of Nigeria, contained recommendations that would guarantee the independence of INEC amongst others.
The committee recommended inter alia: “INEC should be re-organised and re-positioned to ensure its independence and professionalism in the conduct of elections in the country”. On mode of appointment of key officers it states: “for the positions of Chairman, Deputy Chairman, Six persons from the Six geo-political zones of the federation, the National Judicial Council should, i.) advertise the positions, spelling out requisite qualifications, ii.) receive applications/nominations from the general public, iii.) shortlist three persons for each position and iv.) send the nominations to the National Council of State to select one of the nominees and forward his/her name to the Senate for confirmation.” It recommended amendment of section 153 of the 1999 Constitution to remove INEC from direct oversight of the Executive arm of government, and that “the funding of the Commission shall be first charge on the Consolidated Revenue Fund of the Federation” (p 234 Uwais Committee Report, 2008).
On election disputes, the committee recommended that “the electoral Act 2006 should be amended to shift the burden of proof from the petitioners to INEC to show, on the balance of probability, that the disputed elections were indeed free and fair and candidates declared winners were truly the choice of the electorate.” The current practice where INEC is not held to account for its conduct of elections and issues therefrom is unacceptable and encourages impunity.
For the 2023 presidential elections, INEC was not questioned on the alleged glitches experienced in the use of Bimodal Voter Accreditation System (BVAS), a criticalplank for conduct of credible elections. Still on election disputes, Uwais Committee recommended that no executive or indeed legislator should be sworn in before the conclusion of the cases against him/her. Many of the recommendations of Uwais committee were canvassed also in the deliberations and recommendations of the National Conference, 2014.
In both reports there is congruence on the need to preserve the sanctity of political parties in contradistinction from the current assemblage of parties which, in the phraseology of the late Bola Ige, are ‘the five fingers of a leprous hand’. In this regard, Uwais committee recommended: “all political parties should have identifiable ideologies and ideals which shall inform their programmes and the way and manner they intend to operationalise ‘the Fundamental Objectives and Directive Principles of State Policy’ as contained in chapter 2 of the 1999 Constitution” (p 38). Further it recommended: “there shall be no cross-carpeting under any circumstance” affirmed also in the proceedings of the National Conference, 2014. Indeed the latter added that, “any elected official, executive or legislator who carpet-crosses, regardless of the reasons for such, shall automatically forfeit their seats” (p722, National Conference, 2014).
There are a host of other recommendations from Uwais and National Conference that aim to sanitise our constitutional democracy in ways that would make for progress, notably the need to separate the office of Attorney-General and office of the Minister of Justice; state police; recognising the federal (central) government and states as federating units; rotational presidency – north and south; qualifications for elective positions; independent candidacy; states to have their constitution; decentralisation of the judiciary; true federal structure. It is befuddling that Nigeria is now a killing field orchestrated by multiple criminal elements – boko haram, bandits, terrorists (killer herdsmen), kidnappers, etc., and yet the National Assembly cannot see the auspiciousness to expeditiously pass the bill on state police. They owe Nigerians an explanation.
Admittedly, many of the recommendations would require amendments to the 1999 Constitution which, by its provisions, would be a herculean task as evident in the wild goose chase of the National Assembly in such exercise. Clearly, a new Constitution is called for in order to address myriad issues embodied in the overarching national question. To the extent that the recommendations would require so many amendments is a testament to the fundamental flaws and contradictions inherent in the 1999 Constitution even as so far amended. The Constitution of USA (1789) is the world’s longest surviving written charter of government i.e., 236 years running and it has had only 27 amendments, a reflection of the collective wisdom of the people put to bear in its drafting.
Nigeria is at crossroads and the citizens, in the throes of existential challenges and un-mitigating insecurity, deserve to have a Constitution that resonates with the plurality of the people, and that truly reflects their hopes and aspirations. The 1999 Constitution is not it.
Concluded.
Professor Eromosele is former Deputy Vice-Chancellor (Academic), Federal University of Agriculture, Abeokuta.
