The Independent National Electoral Commission (INEC) has announced the dates for the 2019 elections. This, according to a statement on their website is to allow for proper planning by the Commission and all stakeholders involved in the electioneering process. However, it seems the proactive disposition of INEC may just be mere aspiration as 23 months to the 2019 elections, President Muhammadu Buhari is yet to appoint Resident Electoral Commissioners (RECs) for 33 States of the federation/in the country.
Just recently, five RECS bowed out of following the expiration of their term. As at July 2016, there were 22 states without RECs and within the space of 7 months, 11 RECs completed their term bringing the total number of states without RECs to 33. With this development, only Taraba, Delta, Rivers and Kaduna have substantive RECs with 3 of these RECs also expected to bow out of service by July 2017, leaving only one state that is Kaduna with a REC. This is unprecedented and worrisome considering the fact that we are less than 482 working days to the 2019 elections. Incidentally, all the states with off-cycle governorship elections do not have RECs; Anambra, Ekiti and Osun states. While Ekiti and Osun governorship elections are slated to hold next year, the Anambra governorship election will hold on 18 November 2017; less than 174 days away.
The Mahmoud Yakubu-led INEC is visibly taking positive actions to ensure improved elections in 2019. The appointment of additional six national commissioners has no doubt boosted the capacity of the electoral commission. So far only one election out of the 165 election has been nullified by the Court. Significant reforms have been introduced as well. The will to prosecute indicted INEC staff involved in electoral malpractices is impressive. In its quest to improve the electoral process and in addition to the standing committees, the Commission constituted some committees to review electoral constituencies; polling units and registration areas; suppressed constituencies; Global Information Systems laboratory and diaspora or out-of-country voting (OVC).
The planning for the 2019 elections commenced immediately after the 2015 elections. Unlike the 2011 and 2015 elections where INEC had the full complement of its leadership, the 2019 election planning process is without RECs. Until December 7, 2016, INEC had only 50% of its leadership. It took about 18 months (1 year 6 months) since the expiration of Prof Jega led commission before the new leadership got the full complement of a Commission. This has grave implications for electoral planning and implementation in diverse ways.
Why the RECs are important
According to the 1999 Constitution, the Resident Electoral Commissioners (RECs) must be persons of unquestionable integrity; not less than 40 years and shall be appointed by the President. The RECs exercised delegated powers in furtherance of the commission’s statutory functions. Practically, the RECs coordinate the activities of the Commission at the state level. The functions of the RECs at the state level are too significant that any delay in their appointment weakens the commission and diminishes its effectiveness at the states.
The current reality implies that the newly appointed RECs will only implement a strategic plan and an election plan that they weren’t part of its design process. Currently, the administrative secretaries are lead the commission in states without RECs. Interestingly, most of the current admin secretaries holding forth in the states will be due for retirement before the 2019 elections.
Why do elections fail?
Elections are complex, sensitive, highly technical and multi-faceted. The intricacies and mechanics of election management require high level of planning, competencies and capacities. It is conventional wisdom that effective planning is central to the success of any election. This entails ensuring all procedural, administrative and operational issues are addressed in line with legally defined timelines. Despite its cumbersome nature, elections are defined by timelines. Failure to meet deadlines could adversely affect the entire electoral process.
Based on international standards on elections, ability to plan, organizational and management structure, access and adequacy of resources are requisites for successful elections. INEC has not been availed of the human capacity it requires for the successful conduct of the 2019 elections due to the non-appointment of its management structure at the state level. The failure to fully constitute INEC by appointing RECs is setting the stage for the 2019 elections to fail. There have been sustained calls by stakeholders for the Presidency to appoint RECs in states with vacancies, for instance the Senate, as well as some of the President’s APC party members have implored the President to make these appointments, but these calls have been to no avail. One begins to wonder if this reluctance to appoint RECs is a Strategy by the Buhari administration to weaken INEC’s ability to deliver credible elections in 2019.
Is the delay legal?
Under Section 14 (2) of the Third Schedule to the 1999 Constitution, the President is vested with the power to appoint RECs. However, there is no constitutionally defined timeline for appointment to the Commission. Presumably, the President’s inaction is informed by this strict interpretation of the constitution. Whilst there may be no express constitutional provision in relation to timeline for appointment, the Constitution is clear on the need for appointment of RECs for each state of the Federation. What remains clear is that President has failed to perform this function. The President swore in his oath of office to defend the constitution in the discharge of his duties. His refusal to appoint the RECs is contrary to the Constitution to spirit and letters of the Constitution.
The President’s failure to appoint RECs in 33 states with 711 days to the 2019 elections constitutes abuse of discretionary powers. We cannot afford to retrogress in elections management in Nigeria. Consolidating on the gains of the 2015 elections and charting a new course requires vigilance from every citizen. The President should ensure appointments are made into existing vacancies at INEC without any further delay. Only individuals with high moral integrity and capacity should be appointed as RECs.
The National Assembly should rise to the occasion and compel the President to urgently fill the existing vacancies at the Commission. The Senate should ensure all nominees must be thoroughly screened by the Senate to assess the level of their capacity, integrity and competence. The Senate should ensure nominees are interviewed the same way the INEC chairman and national commissioners were scrutinized. INEC’s ability to deliver credible and peaceful 2019 elections will be determined by the level of support and cooperation it enjoys from different stakeholders especially the executive.
Itodo is the Executive Director of the Youth Initiative for Advocacy, Growth and Advancement (YIAGA), Abuja.
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