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Monday, February 16, 2009
CNPP tasks Yar'Adua on Uwais panel report
From Alifa Daniel, Asst. Political Editor, Abuja
PRESSURE is mounting on President Umaru Musa Yar'Adua to release the Justice Muhammed Uwais report.
The Electoral Reform Committee (ERC) report, which was submitted last December has been kept in limbo, in what opposition political parties are now alleging is a subtle attempt to kill it, owing to its landmark recommendations intended to cleanse the nation's electoral processes.
Indeed, the Conference of Nigeria Political Parties (CNPP), an umbrella of over nine opposition parties yesterday, challenged President Yar'Adua to release the report forthwith.
It also demanded that the bills in the report should be presented to the National Assembly without further delay.
In a statement in Abuja by its spokesman, Mr. Osita Okechukwu, the CNPP declared:
"Time is of essence. Our concern over the ERC report emanates from ominous allegation making the rounds, to the effect that the 2011 Elections Committee set up by President Yar'Adua to review the ERC Report, made up of newly recruited advisers... had instead of recommending the issue of government white-paper or submission of the Bills in the report to the National Assembly, advised outright dumping of the report," the statement said.
It went further: "It would be recalled that the former Chief Justice of Nigeria, Muhammed Uwais-led 22 members ERC submitted its report to President Yar'Adua on December 12, 2008, and two months after, the findings of the report were not made public nor the bills and the far-reaching recommendations submitted to the National Assembly for debates and considerations.
"This is a very sad political development when we take cognizance of the fact the amendment of 1999 Constitution of the Federal Republic of Nigeria falls under the rigid paradigm and that the Anambra State governorship election is around the corner and that 2010 will be dominated by electioneering campaign.
"This is the unfortunate scenario when we remember that, it was President Yar'Adua who in his inaugural speech humbly admitted the flawed nature of the electoral process that brought him to power and consequent upon, he set up the ERC. To now dump the ERC report, when Nigerians and friends of Nigeria are hoping that the amendment of the defective sections of the Constitution and extant laws, will erase the name of our dear country from the hall of infamy of countries where democracy is vanishing; is unpatriotic and cannot serve the rule of law mantra of the regime".
The CNPP insists that the Peoples Democratic Party-led government of President Yar'Adua "unnecessarily afraid" of some recommendations contained in the ERC report, especially:
- The National Assembly to undertake a comprehensive review of the provisions of 1999 Constitution, Electoral Act 2006 and other laws to effect changes that are required to ensure free and fair elections as recommended in this report;
- That INEC should be unbundled and that on the composition of INEC the National Judicial Council (NJC) instead of the Mr. President should nominate the chairman, national commissioners down the line through public advertisements;
- That funding of INEC shall be first-charge on the Consolidated Revenue Fund of the Federation; and
- That State Independent Electoral Commission should be integrated to INEC.
According to the group, "the danger for President Yar'Adua if he dumps the ERC report or submits it late is that he will be denying himself a wonderful legacy by breaking the promise of Electoral Reform he promised.
For the National Assembly, the committee also recommended:
- Review of laws relating to appointment and qualifications of the chairman and members of the Electoral Commission; and
- The 1999 Constitution should be amended to guarantee the independence of INEC;
- The agencies under the Executive that are involved in elections shall not be used to undermine free and fair elections; while
- The provisions of the Electoral Act 2006 which prohibit the abuse of the powers of incumbency, including the misuse of official powers and resources should be strengthened and enforced.
For the judiciary, the report also says should ensure prompt resolution of election-related disputes by increasing the number of election petition tribunals and consolidating petitions.
Other salient recommendations are:
- The Electoral Act 2006 should be amended to shift the burden of proof from the petitioners to INEC to show, on the balance of probability, that disputed elections were indeed free and fair and candidates declared winners were truly the choices of the electorate; and
- The procedure for producing evidence before tribunals should be re-examined in order to speed-up the hearing of electoral cases. Specific procedure rules should be made for election petitions.
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