INEC seeks to strip Tinubu of power to appoint electoral commissioners

Independent National Electoral Commission (INEC) is proposing for amendments to Nigeria’s Electoral Framework that would strip the President of the power to appoint the Resident Electoral Commissioners (RECs).

Prof. Mohammad Kuna, the Special Adviser to the INEC Chairman, Prof. Mahmood Yakubu, said this in a presentation at the ongoing retreat with the Joint Committee of the National Assembly on Electoral Matters on the reform of the Electoral Legal Framework in Lagos.

The proposed change would instead give INEC the power to make these appointments, though with a different nomenclature to be known as State Directors of Elections.

The commission is also pushing for the introduction of electronically downloadable voters’ cards to replace the use of Permanent Voter Cards (PVCs).

Specifically, the commission is seeking amendments to Section 14 (3) Paragraph F of the Third Schedule to the 1999 Constitution to confer the power of appointing and disciplining Heads of State and FCT Offices of INEC on the Commission.

INEC is also proposing an amendment to Section 6 (3) of the Electoral Act 2022 to confer the power of appointing Heads of State and FCT Offices on the Commission.

Kuna said these heads of state would be known as State Directors of Elections (SDEs).

He said the proposal is essential to promote transparency, accountability, and efficiency in the electoral process. Currently, the REC is the person in charge of the INEC office at the state level.

“The REC, who is assisted by relevant government agencies, undertakes the Presidential, National Assembly, Gubernatorial, and House of Assembly elections in a state and acts pursuant to powers delegated to him or her by INEC’s Chairman and 12 commissioners,” he said.

Among the duties of the REC is to make available all the materials required to conduct an election and also monitors the activities of all ad hoc staff and provides for the proper verification of election results.

Currently, the appointment of RECs, who oversee the electoral process in each state, is within the President ’s purview according to Section 154 (1) of the 1999 constitution.

Section 6 (1) of the Electoral Act reads: “There is established in each State of the Federation, Federal Capital Territory and Local Government Area, an office of the Commission which shall perform such functions as may be assigned to it by the Commission.

“(2) A person appointed to the office of a Resident Electoral Commissioner shall (a) be answerable to the Commission ; and (b) hold office for a term of five years from the date of his or her appointment which may be renewable for another term of five years and no more.

“(3) The Resident Electoral Commissioner appointed under the Constitution may only be removed by the President, acting on an address supported by two-thirds majority of the Senate praying that the Resident Electoral Commissioner be so removed for inability to perform the functions of the office, whether arising from infirmity of mind or body or any other cause, or for misconduct.”

However, the INEC proposal will also confer on the commission the power to discipline erring RECs like the former Adamawa State REC who went rogue by announcing the result of the governorship election which did not fall under his purview.

Aside from this, the commission is also proposing amendments of Sections 77 (2), 117 (1), 132 (5), and 178 (5) of the 1999 Constitution to provide for early, Special, Out-of-Country, Diaspora, and Inmates Voting.

He said the proposal will allow the country to introduce Early/Special Voting to cater for eligible voters on essential services, election personnel, as well as, voters under incarceration, those in the diaspora, and out-of-country voting for eligible Nigerians outside the country during elections.

Another key proposal by INEC is the amendment of Sections 153 (1), 154 (3), 156 (1, a), 157 (2), 158 (1), and 160 (1) and the Third Schedule, Paragraph 15 (b – d) of the 1999 Constitution to create the Electoral Offences Commission and (b) Political Party Regulatory Agency.

The commission is also seeking the amendment of sections 48, 49, 71 and 91 of the 1999 Constitution by Providing New Provisions for Special Seats for Women and People With Disabilities (PwDs).