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 (INEC) by involving the National Judicial Council (NJC).
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 (CISLAC), 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.
