President shouldn’t appoint INEC chairman

A former Chairman of the Independent National Electoral Commission (INEC), Prof Attahiru Jega, has called for an amendment to the Electoral Act, 2022.

He said though the country’s electoral law could be said to be the best in Nigeria’s history, it is not perfect, and there was a need for further amendments to remove ambiguities and clarify and strengthen some of its sections.

Jega spoke at a two-day retreat organised for senators by the National Institute for Legislative and Democratic Studies (NILDS) in Ikot Ekpene, Akwa Ibom State.

The amendments, he said, should make the electronic transmission of results mandatory from the next general elections in 2027.

He also said the president should divested of power to appoint the chairman and National Commissioners of INEC to free the commission from partisanship.

Daily Trust reported that Jega also called for the law to be reviewed to ensure that all cases arising from the conduct of elections are resolved and judgements made before the date of swearing-in.

Transmission of election results

Many stakeholders had expressed concern that section 64 of the Electoral Act, which states the process of transmission of election results, is susceptible to manipulation and misinterpretation.

But Jega said the section should be clarified by making election transmission of election results compulsory, including uploading of polling unit level results and result sheets used at different levels of result collation.

“INEC would have enough time to prepare for this if the Act is amended early enough in the ensuing electoral cycle,” he said.

He also called for the introduction of early voting for eligible voters on election duty, such as INEC staff, observers and their drivers, security personnel, and journalists or special arrangements to enable them to vote on election day, especially for presidential elections.

The former INEC boss advocated for diaspora voting, at least for presidential elections, to enable citizens to vote, especially those on essential service abroad.

There is a need to enhance the inclusion of women, if necessary, by up to 35% of elective positions in parliament, and in all political party’s candidate lists, he added.

Other amendments

Cross-carpeting by elected officials, Jega said, should be proscribed not only for members of the National Assembly but also for elected executives, governors and chairmen of LGAs while INEC should be empowered to prepare for elections to fill the vacancy once it has evidence of the act of cross-carpeting.

He said, “There is a need to place stringent conditions for candidate withdrawal and replacement to prevent abuse. Empower INEC to also screen and if necessary disqualify candidates whose credentials show that they are unqualified or in respect of whom it has evidence of forgery and other forms of criminality.

“There is a need for the legislation to allow even candidates outside the political parties, as well as tax-paying citizens to file suits against candidates who provide false information to INEC regarding their candidature.

“Although Sections 132(8) & (9) have given timelines within which the Tribunals and courts of appellate jurisdiction should issue verdicts, there is need, particularly in respect of elected executive positions, to ensure that all cases are resolved and judgements made before the date of swearing-in.

“Review the process of appointments into INEC, specifically to divest/minimize the involvement of the President in the appointment of Chairman and National Commissioners of INEC, in order to free the commission from the damaging negative perception of “he who pays the piper dictates the tune”.

“The Justice Uwais Committee recommended that the responsibility for advertising, screening, shortlisting and submission to the Council of State for recommendation to the Senate for confirmation hearings, for this category of officers, should be entrusted to the National Judicial Council (NJC).

“On second thought, and for obvious reasons, I will recommend a joint committee of the National Assembly be given this responsibility, with criteria, for transparency, non-partisanship and stakeholder engagement for the process.

“The applicants/nominees for these appointments should be subjected to public scrutiny with regard to knowledge, skills, good character and non-partisanship. Guidelines should be provided for submitting petitions against any nominee during this process.”