Controversy trails FEC's decision on electoral reforms report
From Alifa Daniel, John-Abba Ogbodo, Collins Olayinka
(Abuja), Isa Abdulsalami (Jos), Adamu Abuh (Kano), Iyabo Lawal (Ibadan) and Bertram Nwannakanma (Lagos)
A WIDE range of reactions yesterday trailed Wednesday's decisions of the Federal Executive Council (FEC) on the Justice Muhammadu Uwais-led committee report on electoral reform.
While most commended the FEC's approval on independent candidacy and the adoption of open-secret ballot, the retention by the President of the sole power to appoint the chairman of the Independent National Electoral Commission (INEC) was roundly condemned.
However, on this last issue, there are a few dissenting voices, especially the Peoples Democratic Party (PDP), which gave the decisions a blanket commendation.
A constellation of civil society groups rose yesterday from a meeting in Abuja with a damning condemnation of the FEC decisions, insisting that the Uwais's Electoral Reform Committee (ERC) did a better job than the FEC.
They threatened to mobilise resistance to "any further denial of our sovereignty..."
The groups under the Civil Society Co-ordinating Committee on Electoral Reform (CSCC) said at a media briefing yesterday: "We have read the ERC report and are satisfied with the recommendations in that report. The report mirrors, to a large extent, our views and the views of other stakeholders that participated in the ERC processes. Unfortunately, the Federal Executive Council chaired by the President issued a white paper that has watered down the strategic recommendations of the ERC. "For us in the CSCC, there are three fundamental issues of reform: the independence of INEC; a level playing field in the resolution of electoral disputes, particularly through the judicial process, and proportional representation.
"The Federal Executive Council rejected the recommendations of the ERC to the effect that the process of appointing INEC chairman and commissioners should be midwifed by the National Judicial Council (NJC). It preferred the Presidency to retain the power to appoint INEC commissioners. The argument in support of the FEC's decision that the President should retain the power to appoint the INEC chairman and commissioners to the effect that the proposal for the power to be conferred on the NJC infringes on the principle of separation of powers is untenable.
In our view, rather than infringe the principles of separation of powers, it reinforces the doctrine of checks and balances among different arms of government as it is a more viable option than having the President, who is a player in the electoral process, determining who the umpire should be."
The groups included the Nigeria Labour Congress (NLC), Alliance for Credible Elections, Transition Monitoring Group (TMG), Electoral Reform Network (ERN), Citizen's Forum for Constitutional Reform (CFCR), Gender and Constitutional Reform Network (GECORN) and National Coalition on Affirmative Action (NCAA).
They added: "The FEC also rejected two strategic recommendations relating to adjudication of electoral disputes. The ERC recommended that elections should be conducted six months to the end of current tenures so as to enable the disposition of all electoral disputes before the swearing-in of newly-elected officials and that the onus of proof in election petitions should be shifted to INEC.
The Council rejected the recommendation on proportional representation, which was intended to deal with the problems of winner takes all and gender marginalisation.
"The ERC made holistic recommendations that were anchored on some key principles of free and fair elections. By tampering with these key pillars of the recommendations, the FEC has destroyed the basis of the proposed reform. We consider this a slap in the face of a nation that had been promised fundamental reforms of the electoral process.
"In addition to the above contradictions, in retaining the power to appoint the INEC chairman and commissioners while abrogating the State Independent Electoral Commissions (SIECs), the President has assumed sweeping and monstrous powers over the electoral process across the country."
Ironically, the FEC seems unconcerned about the principles of federalism in this regard which places the management of elections in all the states virtually under the control of the President.
"By also refusing to accept the recommendations that all cases must be disposed off before the swearing-in of the declared winner and that onus of proof should be shifted to INEC in election petition cases, the FEC has kept the doors wide open for incumbents to undermine judicial resolution of disputes as is the case currently. It is our firm belief that the FEC removal of strategic elements of the ERC report has fatally damaged the possibilities of genuine reform as expected by the Nigerian people.
"In our view, the whole efforts at reforming the electoral process has been undermined substantially to a level that is not acceptable to civil society. Accordingly, we reject the white paper issued by the FEC, in so far as it is inconsistent with the report of the ERC.
We therefore, call on our people to take their destiny in their hands by assuming their historical duty not to allow the status quo position of government to remain.
"In furtherance of this, we shall be engaging the legislators who represent the institutional means through which people's concern can be voiced, to live up to their responsibility, to be true expression of the will of the people.
"We have resolved to mobilise the citizens across the country not to accept this renewed bid to continue the subjugation of our country to the will of a privileged few in the name of democratic elections. The era of impunity must end.
"We are determined to mobilise resistance to any further denial of our sovereignty through reform provisions that encourage election rigging as exemplified by the FEC position."
Also, the Civil Liberties Organisation (CLO) has expressed worry over the FEC action.
A statement by the President of CLO, Mr. Titus Mann, said while organisation commended the retention of recommendations for unbundling INEC, independent candidature, abolition of state electoral commission, "the inclusion of representatives from Nigeria Labour Congress (NLC), Nigerian Bar Association (NBA) and others, the rejection of the recommendation for the INEC chairman to be nominated by the National Judicial Commission, we particularly feel leaves in place the current unsatisfactory and unacceptable situation whereby the INEC chairman remains beholden and susceptible to partisan pressures from the President who appoints him."
According to the statement, "this dilutes and renders ineffectual, the other measures that are designed to ensure INEC's independence."
The CLO therefore, cautioned FEC and the National Assembly against proceeding with this and other changes with the recommendation of the Uwais committee, "which are the result of extensive and long consultations and interactions with Nigerians at the grassroots which process is not available to FEC and the National Assembly whose partisan composure and motives necessarily prevent a better outcome."
The Action Congress (AC) says there are glaring flaws in the approved White Paper.
In a statement issued in Abuja by its National Publicity Secretary, Lai Mohammed, the party said what would have been a paradigm shift from the past was marred by such flaws, which include the retention of the authority to nominate INEC chairman in the office of the President.
Other flaws, the party notes, are the rejection of the six-month deadline for litigations concerning election petitions and the silence on the role of the security agencies, especially the police and the military, during elections.
The AC wrote: "We reject the argument that allowing the National Judicial Council to oversee the appointment of the chairman of INEC and those of the three proposed bodies would encroach on the separation of power.
"If the appointment of Justices of the Court of Appeal and the Supreme Court by the President, subject to confirmation by the Senate, does not infringe on the so-called separation of power, why should it be a problem for the NJC to oversee the appointment of these key officials of INEC and other proposed bodies? Perhaps, the powers that be simply want to retain some measure of control on INEC, which is a blow to its independence."
It also said "allowing electoral petition cases to go on indefinitely, as currently happens, means those who get into office through flawed polls will continue to exercise powers that were not legitimately acquired, thereby turning democracy on its head.
"Also of concern is the fact these officials spend scarce public funds to fight their cases, even when no one voted for them, and the fact that while these cases last, no serious governance can take place," AC said.
The party said "much as most of the recommendations approved by the Federal Executive Council will have a salutary effect on the conduct of polls in Nigeria, the bottom line is whether men and women of high integrity can be appointed to such sensitive bodies as INEC, the statutory body saddled with the power to conduct elections in the country."
It also urged the National Assembly, "when debating the issue, to focus on the role of the police and the military during elections, especially as these agencies have been fingered in abetting the stealing of votes and rigging of elections."
However, the ruling PDP commended President Umaru Musa Yar'Adua, noting that the party had been vindicated.
In a statement issued by the National Chairman of the party, Vincent Ogbulafor, the PDP said the action of the President in adopting the report laid to rest speculations that Federal Government was not being sincere with the process.
The statement read in part: "The National Chairman of the Peoples Democratic Party (PDP), Vincent Eze Ogbulafor, OFR, on behalf of the National Executive Committee of the party, wishes to commend President Umaru Musa Yar'Adua, GCFR and members of the Federal Executive Council for the swift adoption of the report of the Electoral Reform Committee after a thorough and dispassionate deliberation.
"The action of the Federal Government has put paid to cynical speculations from opposition parties who recently attempted to cast shadows on the sincerity of the government in implementing the recommendations. It is our position that the implementation of the white paper is a great leap forward in strengthening the sanctity of the ballot box in our quest to institutionalise and stabilise our democratic process."
But the Ogun State Governor, Gbenga Daniel, saw things differently, saying there was no need to make any fuss about the white paper.
The governor, in an interview shortly after the launch of a book, titled: "Themes on jurisprudence and international law" in honour of Prof. Ayodele Ajomo, held at the Nigerian Institute of International Affairs (NIIA), Victoria Island, Lagos yesterday, said reaction on the report was premature since the National Assembly was yet to deliberate on it or pass it into law.
According to him, " so far, the report remains an executive proposal, until the National Assembly deliberates on it and passes it into law.
He sadded: "I think we have not got into the position where we should begin to comment about it, the onus now lies on National Assembly to make it or not to make it a law."
However, Prof. Itse Sagay (SAN) has condemned the government over the alteration of the recommendation on the appointment INEC chairman.
According to him, "allowing politicians, who are potential beneficiaries to appoint INEC chairman will not solve the problem of integrity and therefore is unfortunate."
Describing the report as "very good but not complete", Sagay said while the attempt to unbundled INEC was commendable, the appointment of INEC chairman should be left to the NJC.
Former Governor of Oyo State, Lamidi Adesina, also faulted the FEC for reserving the appointment of the INEC chairman in the Presidency.
Adesina said the Council should have toed the line of the Justice Uwais committee by relieving the President of the power to appoint the INEC chief.
The erstwhile governor, however, applauded the idea of independent candidacy and the scrapping of SIEC, which he said, had been used by some governors to lord their political parties on the people.
Similarly, President, Nigerian Bar Association (NBA), Rotimi Akeredolu, described the government action as "a wasted and meaningless" one, saying: "Since the appointment of the INEC Chairman is a constitutional issue, nothing can be done until the present constitution is reviewed."
Akeredolu stressed: "Until the Constitution is amended, nothing can happen. We should stop wasting our time on it because it is not a law yet. It could form part of the Executive bill to be sent to the review committee.
