OSUN ELECTIONS: NEED FOR CONSTITUTIONAL REFORMS

The Osun debacle has greatly exposed for all to see the inherent weakness in our electoral system.

The weakest link in our electoral process is in my opinion the so called (In) dependent National Electoral Commission (INEC) and it’s weakness stems from the manner of appointing its members.

The only way INEC can function to something akin to an independent body is if the incumbent President has conscience and is a good man who desires a legacy like we saw in 2015, aside that, INEC was programmed to be a lackey of whoever is the President.

Unfortunately a nation cannot be run on a man’s conscience or inherent good nature! Institutions of state must be strengthened for everybody’s benefit!

Section 154(1) and section 14(1)(2) of The Third Schedule to the 1999 Constitution (as amended) grants the President the sole powers to appoint ALL the members of the Commission and ALL the States Resident Electoral Commissioners. Now like I have always posited, this concentration of power is a recipe for a disastrous, weak, compromised, ineffectual and biased electoral umpire!

It’s like a football club asked to appoint a referee for a match it’s taking part in!

And taking a look at the various outings of INEC from Kogi to Anambra, Edo, Ondo, Ekiti and now Osun it’s obvious to the blind that this INEC have had a not so stellar performance their protestations to the contrary notwithstanding.

I opine that to have a truly independent INEC the Constitution MUST be amended with regards to the power of appointment. The power to appoint INEC officials should be taken away from the President. If we must have a centralized electoral umpire then let all political parties nominate certain percentage (according to the seats won at the State and federal level) of the officers of the Commission.

Alternatively, we should have an ad-hoc commission where the officials are appointed not more than 6 months to one year to an election and after the elections the Commission is disbanded. The appointment of officials shall be as proposed above: parties should have nominating powers.

Or the CJN is given the powers to appoint certain judges (preferably retired) to serve as returning officers for all elections.

Also special ad-hoc courts should be established to try electoral offenders. There must be consequences for electoral offence, otherwise we will be beating against the wind!

In summary this Constitution must be jettisoned, it gives us more headache in implementation. Let the people choose their constitution and how they want to run ALL their affairs!

#renegotiatenigeriaproject.

Chimennma Okolo is a lawyer, environmental rights activist, equal rights campaigner and the self styled Rt. Hon. Speaker of the Masses Assembly.