₦airaland Forum

The House of Representatives Committee on Constitution Review is considering a bill seeking to amend the constitution to reform the mode of appointing the Chairman of the Independent National Electoral Commission by involving the National Judicial Council.

Sunday PUNCH exclusively gathered that the proposed amendment aims to involve the NJC in the selection of the INEC chairman, thereby enhancing the independence, credibility, and transparency of the appointment process.

The Electoral Reform Committee, headed by the late Chief Justice of Nigeria, Muhammadu Uwais, in 2007, recommended constitutional amendments that would insulate INEC from the political influences of the executive arm of government in terms of its composition and funding.

The panel recommended that the power to appoint the INEC board be transferred from the President to the NJC, while its funding was to be a first-line charge on the Consolidated Revenue of the Federation.

Speaking exclusively with Sunday PUNCH on the proposed amendment, the immediate past INEC Chairman, Prof Attahiru Jega, described the move as a step in the right direction.

He said, “It is a welcome development. It is one of the many good recommendations on how to insulate the position of whoever is chairman of INEC from political and executive pressures, as well as curing the deep-seated impression that ‘he who pays the piper dictates the tune.’”

Similarly, the Executive Director of YIAGA Africa, Samson Itodo, welcomed the move, even as he questioned the possibility of having a non-partisan NJC.

He said, “The proposal by the National Assembly to amend the constitution to involve the NJC in the appointment of the INEC chairman is in line with Justice Uwais’ recommendation because over time, we have seen how presidents appoint their protégés and cronies, including people with a clear partisan background, into INEC.

“It is because of this that YIAGA Africa called it institutional capture, that is, INEC captured by the executive arm.

“Is the NJC independent enough to manage the appointment of the INEC chairman in view of the fact that the CJN has overbearing powers in determining the members and the composition of its members?”

While welcoming the development, the YIAGA boss called for the involvement of a multi-stakeholder committee to handle the process.

“I don’t know if this proposal to have the NJC manage the appointment process is a welcome development or if it would inspire confidence on the part of Nigerians.

“It is good to remove the power of appointing the INEC chairman from the President, but is it possible to set up a multi-stakeholder committee to manage this process and then send nominations or those who successfully passed the interview process to the National Assembly for screening before appointments by the President?

“There has to be a way of ensuring that whoever is responsible for any action in the appointment value chain is independent, so that we don’t have partisan people getting appointed to the electoral commission.”


On his part, the Executive Director of the Civil Society Legislative Advocacy Centre, Auwal Rafsanjani, said the involvement of the NJC would go a long way in redeeming the image of the judiciary, adding that in recent times, Nigerians have lost confidence in that arm of government.


“If the National Assembly can amend the constitution to allow the NJC to have a say in the selection process of the INEC chairman, it will be a good development. It will enhance the integrity and credibility of the NJC because Nigerians are beginning to question the character of the judiciary. Nigerians are losing confidence in the judiciary because of their perception of injustice perpetrated by that arm of government.

“Hopefully, NJC members who will be involved in selecting the INEC chairman, as well as the Commissioners, will help the image of the judiciary. Our constitution does not allow partisan persons to head the electoral commission, but successive presidents have been ignoring this constitutional provision. So, NJC members who are expected to be non-partisan would assist in selecting a good person to head INEC,” Rafsanjani said.

Meanwhile, Abuja-based constitutional lawyer, Abdul Mahmud, is not impressed with the legislative intervention.

He said, “This proposal raises serious red flags and invites critical scrutiny, both in terms of principle and practice.

“The NJC is supposed to safeguard the independence and integrity of the judiciary. Yet, its own credibility is contested: members are unelected, largely composed of senior judicial officers, many of whom are insiders to a system that has drawn public distrust.

“Some of these members have been directly involved in controversial, even ‘perfidious,’ Supreme Court decisions, especially in political cases.

“The fact that Justice Olukayode Ariwoola has retired and Justice Kudirat Kekere-Ekun, reportedly denied visas to the US, now chairs the NJC, compounds concern about both domestic and international confidence in our country’s judicial integrity.

“If a body with such a questionable track record is now being empowered to influence who becomes the INEC Chairman, we are not reforming the system; we are entrenching rot.”

He continued, “To entrust the NJC with more powers, especially in a function so crucial to democracy as appointing the INEC Chairman, is akin to asking the fox to help guard the henhouse.

“This proposed amendment is not about deepening democracy, but about rearranging power within a closed elite circle of robed arbiters and ruling politicians.”

On her part, pro-democracy campaigner and Founder of Women Arise, Dr Joe Okei-Odumakin, expressed doubt about the capacity of the NJC’s involvement to erase the controversy surrounding the appointment of the INEC chairman.

She said, “The recommendations by the NJC are not always binding on the President, but they carry significant weight. Citizens must hold dear the principle of serving the country with an utmost sense of patriotism, integrity, and honesty when such opportunity beckons.

“We hope that the intention of the legislative arm of government in entrenching true independence and credibility of our electoral umpire is actualised with the proposed constitutional review.”

This is as a public affairs analyst, Jackson Ojo, said the move was a good step in making the electoral umpire independent, even as he expressed fears that the NJC could be politicised once it gets involved in the task of selecting the INEC Chairman.

“Nigerians have been complaining about how the INEC Chairman is recruited. The President has been doing this alone, but I am not sure there is anyone who wants to appoint his enemy as INEC Chair. It will be good to involve the NJC, provided the process is not manipulated, because neither the judiciary nor the Council is trusted anymore. I am not very hopeful this will make any difference, even if the constitutional amendment is successful,” Ojo said.

Source: https://punchng.com/Reps-move-to-strip-president-of-power-to-appoint-INEC-chair

A tool GEJ foolishly failed to utilise and capitalise upon; which was one of the things that led to his dethrownment. I doubt if Tinubu is that naive. Such a move won't fly under this regime

Welcome development. The INEC should truly be an independent body.

INEC stands for Independent National Electoral Commission but she is not Independent yet.

APC controls the house. Its not going to see the light of day.

danowena:
A tool GEJ foolishly failed to utilise and capitalise upon; which was one of the things that led to his dethrownment. I doubt if Tinubu is that naive. Such a move won't fly under this regime

GeJ himself appointed JEGA.

This is okay too!

What will happen will still happen!

Who will now appoint INEC CHAIR? Whether the president appoint or not, INEC Chairman will always be corrupt.....

Maybe after Tinubu presidency cos he has all of this ones in his pocket

This one go enter voicemail. Which reps? They should focus on more important issuses.

danowena:
A tool GEJ foolishly failed to utilise and capitalise upon; which was one of the things that led to his dethrownment. I doubt if Tinubu is that naive. Such a move won't fly under this regime

everyone was tired of Jonathan's tenure back then not knowing that calamity was on waiting....the problem is, it keep getting worse....

Lol who get that mind na him people still dey head rep I talk am say tinubu no feel leave yakubu there he go put a southern person there anything make am mistakenly leave yakubu there he is a gonner.

2015 Apc was so confident of winning even before the primaries, when buhari gives tinubu the privilege of picking a vice for him tinubu offer himself instead as vice but buhari and d cabals rejected it. cause ( tinubu) knows the inec chairman has already assured them of winning he just can't wait to be in power then. When rufai has the confidence of boosting the president is already out an agreement with yakubu and the northern elders are already in place. You see that peter obi he will gladly be Atiku vice when El - rufai communicate the information to him.
Infact obi will not even form an alliance with ADC if something has not been whisper to his ears he just want to contest the ADc presidential primaries let it not be in the eyes of Nigerians and obedients he didn't make an attempt to be number one before accepting number 2 position. Obi himself kw that he stand no chance with Atiku when it comes to winning presidential primaries Atiku is far too experience in that game than himself all what obi is just doing now is just eyes service to his supporters

There are institutions that must be independent for a nation state to be effectively govern,devoid of injustice and corruption

The electoral umpire (INEC)

The judiciary (JUDGES)

One of the ways to uphold their powers and independence is to establish a law to pay their emulmument into a sovereign account.From where they
collect their salaries and entitlements.He who pays the piper dictates the tunes

The above are the two institutions that politicians uses to rig elections in Nigeria.

It's unfortunate that tribal and regional politics still holds sway in Nigeria.

No one wants to fight or criticize his tribes man, even when he's not getting it right .

Can this be possible under these rubber stamp legislatures,if Ghana must go bags changes hand now, the bill will die a natural death

Slytiger:
APC controls the house. Its not going to see the light of day.


GeJ himself appointed JEGA.

Sure but when it's obvious Jega wouldn't do his bidding , he has the right to retire him and put that mimiko's brother but APC bullied him to submission

I have always questions the involvement of the president to appoint a referee in his own fight.



It makes no sense at all.

danowena:
A tool GEJ foolishly failed to utilise and capitalise upon; which was one of the things that led to his dethrownment. I doubt if Tinubu is that naive. Such a move won't fly under this regime

They threatened am if m if na wike they power that time they no born them well infact even if na jega dey office dey still no born am well. Nigeria would have ended 2015 if say na wike dey Johnathan position

ÍSure but when it's obvious Jega wouldn't do his bidding , he has the right to retire him and put that mimiko's brother but APC bullied him to submission

Not this president, even if it will happen, not the first term.

WhiteIverson:
Welcome development. The INEC should truly be an independent body.

lol He no feel happen during tinubu leadership trust me even obi wey dey form saint no go allow m happen under is watch

Long overdue...

That's if it will be approved and implemented

Best move ever, that would make a huge difference in our democracy.

This VDM boy get level
He has been talking about this recently_ these ones just wake up

It will be an encouraging development but the institutional corruption in Nigeria today is overwhelmingly endemic that such a good move will be defeated before seeing the light of the day. Terribly sad!

It's high time that happened.... Except the president won't be contesting for the next election....I see no reason he will be the one to select inec chairman

WhiteIverson:
Welcome development. The INEC should truly be an independent body.

Dey play ...

Africa politics is far beyond speaking grammar on TV station 🚉 or social media ...

U have to dictate d tone of d music 🎶 by urself

[quote author= post=136081632]INEC stands for Independent National Electoral Commission but she is not Independent yet.[/quote]Dey play ...

Africa politics is far beyond speaking grammar on TV station 🚉 or social media ...

U have to dictate d tone of d music 🎶 by urself

harmargedon:
Best move ever, that would make a huge difference in our democracy.

Dey play ...

Africa politics is far beyond speaking grammar on TV station 🚉 or social media ...

U have to dictate d tone of d music 🎶 by urself

To ensure fairness and to promote public trust, election administrators must not be appointed by the president.

The best practice is that an election administrator overseeing a country's elections should ideally be impartial and not directly appointed by the president or executive branch.

When election officials are perceived to be partisan or beholden to a particular political party or leader, it can raise concerns about potential biases, and many will believe that the election administrator will be unfair, and the tendency that the election will be rigged is very high.

I love that QUOTATION: HE WHO PAYS THE PIPER DICTATE ITS TONE.

Tinubu will not let it fly. And I hope the lawmakers are not trying to take that power for themselves, cos those tiffs are a thousand times more evil than the worst president we ever had.