Buhari should fill vacant INEC RECs seats now!
Nigerian
Constitution vested enormous powers in the office of the president but it will
seem the incumbent, President Muhammadu Buhari, is apprehensive or too
circumspect to use the powers bestowed on him by the grundnorm. Right from the inception of this administration on May
29, 2015, it is crystal clear that Buhari is always at pain making necessary
appointments as required by law. Maybe the president would have preferred to
run this country as a sole administrator. It took the president several weeks
before he could appoint his personal aides. It was six months before he could
appoint his ministers. Ambassadors are being appointed two years into his
administration. Several board positions, heads of government departments and
agencies are vacant for more than a year and the president has not deemed it
fit to appoint substantive chief executives for those institutions.
Is
the president trying to save money he would have used to pay salaries of these
people? How much will that amount to compared to what the country loses for
lack of substantive leaders in these government institutions? Perhaps he
couldn’t find credible, capable and competent Nigerians who would hold those
positions. That will be incredible considering the humongous number of
world-class professionals that the country has. I must hasten to say that some state governors
are also acting like the president by refusing to appoint their commissioners
and heads of parastatals on time.
Did
you know that as I write this, the term of office of 34 out of 37 Resident
Electoral Commissioners of the Independent National Electoral Commission has
expired; some for more than a year now?
Yet, Mr. President has not deemed it fit to appoint successors to these
vacant seats. This is not the first time this lethargic action is taking place
under the present administration. As at the time Prof. Mahmood Yakubu and five
national commissioners were appointed by the president in consultation with the
Council of State on October 21, 2015, the chairman’s position as well as those
of 11 other national commissioners was vacant. While Hajia Amina Bala Zakari was
acting chairperson, only Ambassador Lawrence Nwuruku remained as national
commissioner. Yet the constitution prescribed that four commissioners out of
the 12 will form a quorum at any meeting of the Commission.
Civil
society organisations, the media and even the Senate had to mount pressure on
the president before that initial appointments were made into INEC. I recall
that Governor Aminu Tambuwal of Sokoto State, while addressing the press to
inform the nation about the initial appointment into INEC stated that “The
Council has agreed to stagger the confirmation of this appointment of
Commissioners of INEC in view of the situation we found ourselves presently
whereby the tenures of individual commissioners expired almost the same time.
So, to avert future occurrence of such a situation the Council has agreed that
the next six of the Commissioners should be submitted to the Council
subsequently for its approval.” That did not happen until September 30, 2016 when
names of six other national commissioners were forwarded to Senate for
confirmation. As at that time, the seats of 20 Resident Electoral Commissioners
were vacant. The president didn’t just care to make the appointment. Now the
number of vacant REC positions had grown to 34, still President Buhari could
not care less.
In
case the president does not know, what he has done is a breach of the 1999
Constitution of the Federal Republic of Nigeria, as amended in 2010. Section
153(f) of the grundnorm established
the Commission. Section 156 enumerated the qualifications for members of the
Commission. Section 14 of the Third Schedule gave detailed prescriptions of the
age, qualities and procedures for appointing members of the board of the
Commission. Subsection 3 of that section states that “There shall be for each
state of the federation and the Federal Capital Territory, Abuja, a Resident
Electoral Commissioner who shall –
(a) Be
appointed by the president subject to the confirmation of the Senate;
(b) Be
person of unquestionable integrity and shall not be a member of a political
party; and
(c) Not
be less than 35 years of age”
The
operative word in that section is SHALL. The Constitution did not say MAY.
Thus, the power of the president to appoint REC for INEC is not discretionary
but mandatory. It is therefore important for Acting President Yemi Osinbajo,
SAN, in the absence of President Buhari to do the needful, just as he did
recently by forwarding the name of Acting Chief Justice of Nigeria, Walter Onnoghen
to Senate for confirmation as substantive CJN. He should likewise headhunt for
men and women of impeccable character and requisite qualifications and forward
same to the Senate for confirmation as INEC Resident Electoral Commissioner.
In
making the appointment, he should take into cognisance the needed diversity.
Nigeria has gender policy which says that 35 per cent of appointive and
elective positions should go to women. We have missed the elective target, we
should not miss the appointive one. There are competent and conscientious women
of sterling character who merits being appointed into INEC. Same with youths.
The minimum age for REC is 35 years and am sure we can find highly qualified
men and women of that age that could be appointed into the electoral management
body. 2019 General Election is barely two years away and preparations for the
next election should actually start once the last one ends. These new RECs will
need ample time to settle down into their new positions. Election is a process
and not an event and a very sensitive one at that. INEC cannot be said to be
fully independent until it is well resourced both financially and
administratively. Non appointment of RECs is hampering the efficiency and
effectiveness of the Commission. The time to address that anomaly is now!
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