JUST IN : INEC moves to stop President of power to appoint commissioners

The Independent National Electoral Commission (INEC) has initiated a significant move to amend Nigeria's electoral framework by proposing the removal of the President's authority to appoint Resident Electoral Commissioners (RECs). This proposal aims to enhance the independence and credibility of the electoral process ahead of the 2027 general elections.

Background

Under the current provisions of the 1999 Constitution, the President holds the power to appoint RECs, who oversee elections at the state level. These appointments are subject to confirmation by the Senate. However, concerns have been raised about the potential for partisan influence in these appointments, which could undermine the impartiality of electoral processes.

Proposed Amendments

INEC's proposal seeks to amend Section 14(3) Paragraph F of the Third Schedule to the 1999 Constitution and Section 6(3) of the Electoral Act 2022. These amendments would transfer the power to appoint and discipline heads of state and Federal Capital Territory (FCT) offices of INEC from the President to the Commission itself. The proposed titles for these officials would change from Resident Electoral Commissioners to State Directors of Elections.

Mohammad Kuna, Special Adviser to the INEC Chairman, emphasized that this change is essential to promote transparency, accountability, and efficiency in the electoral process. He presented these proposals during a retreat with the Joint Committee of the National Assembly on Electoral Matters in Lagos.

Additional Reforms

In addition to the changes in appointment powers, INEC is advocating for several other reforms:

• Introduction of Electronically Downloadable Voter Cards: To replace the current Permanent Voter Cards (PVCs), INEC proposes the adoption of electronically downloadable voter cards.

• Early and Special Voting Provisions: Amendments to Sections 77(2), 117(1), 132(5), and 178(5) of the Constitution are proposed to allow early, special, out-of-country, diaspora, and inmate voting.

• Creation of Electoral Offences Commission and Political Party Regulatory Agency: INEC suggests establishing these bodies to handle electoral offences and regulate political parties, respectively.

• Affirmative Action for Women and Persons with Disabilities (PwDs): Proposals include amendments to Sections 48, 49, 71, and 91 of the Constitution to provide special seats for women and PwDs in legislative bodies.

Rationale Behind the Proposals

INEC's push for these reforms stems from the need to strengthen the integrity of Nigeria's electoral system. By removing the President's power to appoint RECs, the Commission aims to eliminate potential conflicts of interest and ensure that electoral officials operate without undue political influence.

The proposed changes also reflect lessons learned from past elections, where allegations of bias and lack of transparency have marred the credibility of electoral outcomes. By instituting these reforms, INEC seeks to build public confidence in the electoral process and uphold democratic principles.

Stakeholder Engagement and Next Steps

INEC is engaging with various stakeholders, including the National Assembly, civil society organizations, and international partners, to garner support for these constitutional amendments. The Commission emphasizes the urgency of implementing these reforms well ahead of the 2027 general elections to allow sufficient time for adaptation and public awareness.

As the legislative process unfolds, the success of these proposals will depend on the political will of lawmakers and the broader commitment of Nigerian society to uphold democratic values and ensure free, fair, and credible elections.