Jega reiterates President shouldn’t appoint INEC Chair, to avoid corruption
By Jeph Ajobaju, Chief Copy Editor
Attahiru Jega has reignited agitation the President should not be the one to appoint the Chairman of the Independent National Electoral Commission (INEC) to avoid corruption, vote rigging, and wrongful declaration of election winner such as now being contested at the Supreme Court.
Jega, himself a former INEC Chairman, bared his mind at a retreat organised for Senators by the National Institute for Legislative and Democratic Studies (NILDS) in Ikot Ekpene, Akwa Ibom.
He also canvassed for amendments to the Electoral Act 2022.
In his view, although current electoral laws could be said to be the best in Nigeria’s history, there are not perfect; and there is need for further amendments to remove ambiguities and clarify and strengthen some sections.
He said the amendments should make the electronic transmission of results from polling units mandatory from the next election in 2027.
Jega stressed the President should be divested of power to appoint INEC Chairman to free the Commission from partisanship, and the law should be reviewed to ensure all election petitions are resolved before the swearing in of winners.
Many stakeholders have expressed concern Section 64 of the Electoral Act, which states the process of transmission of election results, is susceptible to manipulation and misinterpretation.
Jega said the section should be clarified by making electronic transmission of election results compulsory, including uploading 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 stressed.
Jega also sought the introduction of either early voting for voters on election duty – such as INEC staff, observers and their drivers, security personnel, and journalists – or special arrangement to enable them vote on Election Day, especially in presidential elections.
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Diaspora voting, job quota for women
Jega advocated for diaspora voting, at least in presidential elections, to enable citizens living abroad exercise their franchise.
“There is need to enhance inclusion of women, if necessary by up to 35 per cent of elective positions in parliament, and in all political parties’ candidate lists,” he added, per Vanguard.
Elected official’s defection to another party should be banned
Defection to another political party by elected officials, Jega counselled, should be proscribed for federal and state lawmakers, council Chairmen, and Governors – and the INEC be empowered to conduct a new election to fill a vacancy once defection has taken place.
“There is need to place stringent conditions for candidate’s withdrawal and replacement to prevent abuse,” Jega said.
“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 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 judgments made before the date of swearing in.
“Review the process of appointments into INEC, specifically to divest/minimise the involvement of the President in 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 Council of State for recommendation to 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 a criteria, for transparency, non-partisanship and stakeholder engagement for the process.
“The applicants/nominees for these appointments should be subjected to public scrutiny with regards to knowledge, skills, good character and non-partisanship. Guidelines should be provided for submitting petitions against any nominee during this process.”
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