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Why Presidents Need to Stop Appointing INEC Chairman in Nigeria, by Attahiru Jega

Professor Attahiru Jega, the former Chairman of the Independent National Electoral Commission (INEC), has called for amendments to the Electoral Act of 2022.

Jega, who played a pivotal role in Nigeria’s electoral history, emphasized the need for further enhancements to address ambiguities, provide clarity, and reinforce select sections of the existing electoral law.

Speaking at a two-day retreat organized for senators by the National Institute for Legislative and Democratic Studies (NILDS) in Ikot Ekpene, Akwa Ibom State, Jega proposed specific amendments, including making the electronic transmission of election results mandatory for the forthcoming general elections in 2027.

Jega also recommended that the president should relinquish the power to appoint the chairman and National Commissioners of INEC to ensure the commission’s impartiality.

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“Review the process of appointments into INEC, specifically to divest/minimize the involvement of the President in appointment of Chairman and National Commissioners of INEC, in order to free the commission from the damaging negative perception of “he who pays the piper dictates the tune”.

“The Justice Uwais Committee recommended that the responsibility for advertising, screening, shortlisting and submission to Council of State for recommendation to Senate for confirmation hearings, for this category of officers, should be entrusted to the National Judicial Council (NJC).

“On second thought, and for obvious reasons, I will recommend a joint committee of the National Assembly be given this responsibility, with a criteria, for transparency, non-partisanship and stakeholder engagement for the process. The applicants/nominees for these appointments should be subjected to public scrutiny with regards to knowledge, skills, good character and non-partisanship. Guidelines should be provided for submitting petitions against any nominee during this process.”

Speaking on the rising cases of election petitions in Nigeria, Jega urged the law should be reviewed to ensure that all cases arising from the conduct of elections are resolved and judgements made before the date of swearing-in.

He said, “There is need to place stringent conditions for candidate withdrawal and replacement to prevent abuse. Empower INEC to also screen and if necessary disqualify candidates whose credentials show that they are unqualified or in respect of whom it has evidence of forgery and other forms of criminality.

“There is need for the legislation to allow even candidates outside the political parties, as well as tax-paying citizens to file suits against candidates who provide false information to INEC regarding their candidature.

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“Although Sections 132(8) & (9) have given timelines within which the Tribunals and courts of appellate jurisdiction should issue verdicts, there is need, particularly in respect of elected executive positions, to ensure that all cases are resolved and judgements made before the date of swearing-in.

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