Wanted: Replacement For Jega …Towards A Truly Independent INEC

Prof Jega and Amina Zakari

Most Nigerians knew that the life of the Attahiru Jega-led Independent National Electoral Commission (INEC) would end early August, this year, until the principal eventual left office. He then handed over to Ambassador Ahmed Wali, the most senior National Commissioner before taking his final leave from office.
Apparently  uncomfortable with Jega’s discretion, the Muhammadu Buhari-led Federal Government named Hajiya Amina Bala Zakari as acting chairperson of the commission. Since then, politicians have been divided in support for or against her choice, for various reasons, key among which is the appointee’s relationship with President Buhari.
While the opposition Peoples Democratic Party (PDP) insisted that Bala-Zakari is an in-law of the President and so could not be depended upon to be neutral on issues affecting her in-law and his concerns, the All Progressives Congress (APC) continues to insist that her appointment was based purely on merit. This means, either party that gets the day eventually would need to contend with a protracted disapproval of the other and thus place question mark on the required impartiality of the appointee.
In such a case, no matter how neutral the appointee might be , the outcome would continue to attract questions, and by extension diminish the supposed independence of INEC. Simply put, Hajiya Amina Bala Zakari’s appointment, no matter how meritorious, just and well-thoughout, cannot radiate the required general acceptance that greeted the appointment of Prof Attahiru  Jega as INEC chairman.
It was that pedigree that indeed inspired the much expected public approval and confidence in the Professor’s ability to be neutral and which indeed enhanced the cooperation of political parties in all INEC  programmes. Indeed, the parties saw in the professor a kind of clear neutrality that made him dependable.
This was why even when, it was discovered few months before the 2015 elections, that Prof Jega was a member of the Arewa Consultative Forum (ACF), which adopted President Buhari as preferred presidential candidate, his response, ‘I am a member of ACF but I was not in the meeting that took that decision’, was enough to end what would have been another protracted controversy.
Were it to be someone else, many more questions would have been asked, one of which was, ‘but is the ACF decision binding on members or not? If yes, how do you work against the ACF position as INEC Chairman and still maintain the required neutrality?
But all these were ignored because of Prof. Jega’s pre-appointment pedigree as a varsity don with impeccable character and a civil society icon with high nationalistic mien to make Nigeria much better than he met it. Without such popularity, INEC would not have enjoyed the relative acceptance it did, among political parties and indeed politicians.
Added to all these was the true freedom and independence the Commission enjoyed under the Goodluck Jonathan Presidency.
With the modest gains made by the Commission, every action taken now must, of necessity help deepen democracy. The way to achieve that is to appoint one that would be dependable, independent and indeed upright. One who would not only be neutral but whose neutrality must shine-forth in the eyes of stakeholders.
By the on-going debates, with all her impressive credentials, high moral standards and meritorious stay in INEC, Hajiya Amina Bala Zakari falls short. Her appointment, rather than attract support of the political parties, would instead polarize them and end-up heating up the polity and in the end, question the most needed neutrality of the national elections body.
This is why President Buhari must make a choice: Confirm Bala Zakari substantive Chairperson of INEC or replace her with someone else. And without further delay, because, among other pressing issues two governorship elections are just around the corner.
Infact, by a time-table released August 12, this year, by INEC, in exercise of its powers conferred on it by the Electoral Act, 2010 (as amended), activities for the conduct of the governorship elections of Bayelsa State shall start September 5, this year. This begins with the official Notice of Election which provides for a period not later than 90 days before the election, in keeping with section 30 (1) of the Electoral Act, 2010 (as amended).
In like manner, campaigns by political parties are expected to begin on September 6, this year, collection of forms for the election by political parties at INEC Headquarters, September 7 – 10, 2015 and conduct of party primaries September 7 – 30, this year, while the last day for submission of forms CF001 and CF002 at INEC Headquarters is a month later on October 7.
These activities, publication of official voters register, publication of list of nominated candidates, Publication of Notice of Polls and submission of names of Party Agents for the Election to the Electoral Officer of the Local Government Areas of the INEC would all culminate to the December 5, 2015 date, set for the governorship elections in the State.
All these are procedures that require an acceptable umpire to preside over, if the eventual outcome of the Bayelsa elections would be accepted as credible, free and fair. Without such an independent, neutral and acceptable umpire the Bayelsa elections would be adjudged flawed no matter the quality of machines and men deployed to conduct the elections.
Interestingly, apart from political parties and politicians who have been bickering on the subject matter, Nigerians are beginning to voice concern over the void created by the Jega exist and the seeming unconstitutionality of an acting Chair in INEC, as same was not foreseen by the framers of the INEC Act.
It was instead expected that before the termination of one tenure another successor tenure must be in place.
This is why more and more Nigerians are calling for the immediate appointment of a substantive Chairman of INEC, along with the filling of all vacant positions in the Commission.
On Tuesday, August 11, 2015, a coalition of civil rights groups led by the leader of the Human Rights Monitor (HRM) Festus Okoye urged President Muhammadu Buhari to immediately appoint a substantive National Chairman of INEC along with other Commissioners of the electoral body in order to engage them on the early preparation for the 2019 general elections.
Among the rights groups that endorsed a joint statement include, institute for Human Rights and Humanitarian Law and Centre for Gender Initiatives. The statement was timed after the exit date of the Prof Jega tenure.
In it, the rights activists also cautioned the Federal Government against appointing political party loyalists as officials of INEC, saying that doing so will compromise the independence of the electoral commission.
The activists wondered why President Buhari has been delaying the appointment of such key officers knowing fully well that their tenure would have expired by August 11, 2015. Which means, the appointments ought to have been made long before that final day to avoid any seeming inactivity or even lull.
Okoye therefore said, “the President of the Federal Republic of Nigeria should think through appointments into INEC and appoint persons with the requisite courage, integrity, pedigree and drive to sustain improvements already made in the institution and lead the charge towards the greater use of technology in the electoral process and making our elections to conform to national and international standards”.
The Activist, who was also a member of the defunct Justice Uwais Electoral Reform Panel listed as one of the demands of the members of the Civil Rights Coalition, the condition that ‘the President should exercise due diligence and appoint persons with requisite courage, competence, ability and expertise to fill the vacant positions created in the Electoral Management Body.”
The Activists warned against allowing the acting Chairman remaining in that capacity for too long, saying, ‘it is important not to leave her in acting capacity for too long as doing so, has its own limitations and limitation of actions”.
This is why it has become imperative that INEC be fully reconstituted. Less than four years to another election must not be considered long enough a period to right any or all shortcomings of the last experiment and make the next one hitch-free. This period ought to be fully utilized to inform Nigerians of the new INEC leadership’s policy directive, operational plans, reviews and introduction of fresh options if any. The period should also be used to build confidence and properly bond with key and secondary stakeholders.
These are not expectations an Acting Chairman, unsure of his or her tenure can plan towards. They are better handled by substantive appointees with the right pedigree, knowledge, integrity, popularity and neutrality that will endear him or her to all political parties, as worthy umpire.
An appointment which takes-off with controversies builds distrust, and distruct builds disobedience and or apathy. Sound as Bala Zakari may be, the controversy her choice as acting chairman has generated will not help build the required confidence of the parties on the Commission.
It would instead endbolden the opposition to finding faults in every INEC action and such can erode public confidence in INEC.
The Bayelsa State governorship election will surely be a test case in assessing the required neutrality of the new INEC. As a state being controlled by opposition PDP, and which national leadership has openly opposed the choice of Amina Zakari, in view of her relationship with President Buhari, the Bayelsa elections must be handled with the required responsibility, if the outcome is to be seen, half as credible as the 2015 elections.
A reasonable outcome requires a reasonably long period of planning. December 5, 2015 is less than four months away which is hardly sufficient a period to address all the issues daily being raised by parties in Bayelsa State. Time indeed is of the essence, a reason which the delay in the appointment of INEC Chair is no longer acceptable.
My Agony is that the Buhari government knew that Jega’s tenure would expire August 11, this year, even before the February 28 Presidential elections, about a period of six months today and cannot comprehend the delay any longer. If indeed Hajiya Amina Bala Zakari is the one and only choice of the President and the ruling APC, then, her name should be forwarded to the Council of States and then the Senate for confirmation, with or without the protestations by the opposition parties.
But whatever choice Buhari makes must sustain, if possible, improve on the scenario that made it possible for him to defeat an incumbent. Nothing less is acceptable.

Soye Wilson Jamabo