FG: Why We Rejected Uwais Proposals on INEC

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FG: Why We Rejected Uwais Proposals on INEC

From Juliana Taiwo in Abuja, 03.12.2009

The Federal Government yesterday finally levelled up with Nigerians on why it rejected the recommendation of the Justice Muhammadu Uwais Electoral Reform Committee regarding the appointment of the Chairman of the Independent National Electoral Commis-sion (INEC).
In its proposals, the Uwais panel had recommended, among other things, that the commission should have a board comprising a chairman and deputy chairman whose appointment will be advertised and coordinated by the National Judicial Council (NJC) who will then forward the nominees for the job to the Senate for ratification.
Many believe the recommendation is central to reforming the electoral process.
The White Paper committee on the Uwais report headed by Defence Minister Shettima Mustapha accepted the recommendation in its draft report.
But the review committee headed by Minister of Justice and Attorney-General of the Federation Michael Aondoakkaa recommended that the status quo be maintained-meaning the appointment of INEC chairman should be made by the President and ratified by the Senate.
Confirming THISDAY’s exclusive report that President Umaru Musa Yar’Adua has retained the power to appoint INEC chairman, the Federal Executive Council (FEC) yesterday announced that government had dumped the Uwais panel’s recommendation on the mode of appointment of the board of INEC.
Addressing State House correspondents after its six-hour meeting, Information and Communication Minister Dora Akunyili said in rejecting the recommendation, government was mindful of the doctrine of separation of powers, which will be violated if the judiciary is asked to step in to perform executive functions.
She also said since the head of NJC is appointed by the President, it made no sense for the body to be charged with the responsibility of nominating INEC’s board.
The government was expected to have unfolded its decision on the proposals last week but disagreements on the contentious issue of appointment of INEC board stalled the move.
Akunyili said government also did not accept the recommendation that election petitions be concluded within six months, four months at the tribunal and two months at the appellate court, to ensure that election winners assume office only when all the petitions against them have been disposed off.
“Council did not accept this recommendation because the current system in which judgments sometimes come after six months presents a better dispensation of justice to the aggrieved,” she said.
Akunyili who said the decision to adopt the white paper report came after debates had been concluded listed some of the highlights of the key areas adopted to include the composition of INEC, which is to comprise chairman, deputy chairman, six persons of unquestionable integrity, one of whom must come from each of the six-geopolitical zones and inclusion of other six nominees from Labour, Nigerian Bar Association, Media, National Youth Council, Nigeria Civil Society and women organizations, all of which are subject to Senate confirmation.
On the conduct of elections, according to Akunyili, the council adopted the open secret ballot system, which allows a voter to go into a polling booth to mark his ballot in secrecy and to drop it in the box in the open.
There will be accreditation of registered voters prior to the commencement of voting for the purpose of tracking how many people cast their ballots in a polling station and the display of voters register prior to elections to enable registered voters, political parties and the electorate generally to make claims and objections. Election results are also to be announced at all polling centres by presiding officers duly signed and copies given to accredited agents, the Police and State Security Service.
Others recommendations accepted are that state independent electoral commissions are to be abolished so that INEC can conduct all elections in the country including the local government poll while politicians convicted of violence and thuggery during elections in addition to any other punishment are to be banned from holding public office for 10 years.
INEC’s funding is to be a first line charge on the Consolidated Revenue Fund of the federation so as to guarantee financial and administrative independence.
Independent candidature was also adopted as recommended by the Uwais committee just as the unbundling of INEC with the creation of three bodies to handle some of the commission’s functions.
The bodies include the Political Parties Registration and Regulatory Commission to, among other things, register political parties, monitor their organization and operations and arrange for the annual auditing of accounts; Electoral Offences Commission to, among other things, deter the commission of electoral malpractices, investigate where they occur and prosecute alleged offender, and Centre for Democratic Studies to undertake broad civic and political education for legislators, political office holders, security agencies, political parties and the general public.
On the election tribunals, the council adopted the recommendation that the number of judges that sit at the tribunal should be reduced from five to three so that more tribunals can be established per state.
On the disqualification of candidates, council approved that candidates fielded for any election should be done on the basis of the provisions of the 1999 Constitution and the Electoral Act.
Council said for the purpose of transparency and accountability, political parties must publicly disclose to INEC all sources of funding including donations.
Also, only parties that score a minimum of 5 per cent of votes cast will be eligible to receive grants from the public.
Akunyili said FEC also decided to forward the conclusions to the Council of State for advice following which those decisions that require administrative action will be immediately implemented, while those that require amendment of the 1999 Constitution and the Electoral Act 2006 or the enactment of new legislation will be forwarded to the National Assembly for appropriate action.
Other decisions of council include the approval of the award of the contract for the construction of human resources and development board building at the University of Lagos, in favour of Messrs Bussdor and Company Limited in the sum of N191,548491.75 with a completion period of 40 weeks.
It also gave approval for the augmentation of the contract sum for the construction of a 225-bed general hospital in Karu in the Federal Capital Territory (FCT) Abuja in favour of Messrs H & S International Ltd in the sum of N344,656,494.23 being the cost from the original contract sum of N1,605,083,379.75 to a revised contract sum of N1,949,739,837.98 with six months completion period.
Council said in line with the administration’s policy of encouraging good neigbourliness, development of transportation sector to facilitate trade, movement of goods and services, it had approved the accessing of the African Development Fund Concessional Credit/Loan of $155.22 million to finance Nigeria’s portion of the Transport Facilitation programme for the Bamenda-Mamfe-Abakaliki-Enugu Multinational Highway. The road links the North-west and South-west provinces of Cameroon with Cross River, Ebonyi and Enugu in South-eastern Nigeria.
Council also approved that the Minister of Finance should sign the Loan Agreement on behalf of the Federal Government of Nigeria.
Nigeria is expected to contribute counterpart funding of about $22.44 million payable in five equal annual installments of $4.49 million.