The Independent National Electoral Commission has
asked the Federal Government for greater autonomy as well as allowing Nigerians
in the Diaspora to vote in future elections in the country.
Chairman of the commission, Prof. Attahiru Jega,
canvassed the body’s demands in a proposal he sent to the National Assembly,
seeking amendments to the constitution of the Federal Republic of Nigeria.
The proposal, with reference number
INEC/LEG/CNA/11, dated November 13 and sent to the Deputy Senate
President/Chairman of the Senate Ad hoc Committee on Constitutional Review,
Senator Ike Ekweremadu, was obtained by The PUNCH on Monday in Abuja.
Jega said INEC should be made to be
“operationally independent” like other federal agencies such as the National
Population Commission.
The commission’s independence, he said, should be
“in all its operations and in its management and control of the electoral
process, as was the case in Decree (now Act) 17 of 1998 which first established
the commission before the 1999 constitution.”
He said, “The Commission is like other named
federal bodies established by Section 153, not subject to the direction or
control of any person or authority in exercising its power to appoint or discipline
its staff.”
“The National Population Commission is, however,
given additional independence in its operations in Section 158(2). This should
be the same with INEC. The independence of INEC should be constitutionally
guaranteed in all its operations and in its management and control of the
electoral process, as was the case in Decree (now Act) 17 of 1998 which first
established the Commission before the 1999 Constitution.
“Moreover, the Independent National Electoral
Commission should be allowed to determine the procedure for conduct of election
in such a way that no political party would have undue advantage over the
others.”
INEC wants Sections 76(2) and 116(2) of the
Constitution to be further amended to allow for only two periods in a year
within which the Independent National Electoral Commission can conduct
elections to fill vacancies so as to engender certainty in the electoral
timetable. Thus, Sections 76(2) and 116(2) should be amended.
The INEC boss criticised the present
situation whereby only Nigerian citizens resident in the country at the time of
registration of voters could vote at any election as provided in sections 77(2)
and 117(2) of the INEC Act.
The commission’s boss wrote, “Presently,
only Nigerian citizens residing in Nigeria at the time of registration of
voters can vote at any election. Interested Nigerian citizens who are of age
but resident abroad should be allowed to participate in the governance of their
country by being allowed to register and vote at elections.
“Thus the two subsections should be amended to
read thus:
(a) Section 77 (2)
“Every citizen of Nigeria, who has attained the
age of eighteen years at the time of the registration of voters for purposes of
election to a legislative house, shall be entitled to be registered as a voter
for that election.”
(b) Section 117 (2)
“Every citizen of Nigeria, who has attained the
age of eighteen years at the time of the registration of voters for purposes of
election to a legislative house, shall be entitled to be registered as a voter
for that election.”
Jega also advocated for the establishment of
electoral offences tribunal “to guarantee timely prosecution of electoral
offenders,” as well as the disqualification of anybody convicted for electoral
fraud from participating in electoral process for 10 years.
He said, “A body known as Electoral Offences
Commission with powers to investigate and prosecute breaches of relevant
electoral provisions be established, thus unbundling INEC from prosecution.
“Any person convicted of an electoral
offence (including registration offences, campaign finances breaches and breach
of political party finance provisions) should be disqualified for a period of
10 years from the date of conviction from contesting any election or holding
any party position.”
The commission therefore suggested that the
clause, “within a period of 10 years before the date of the election, he has
been convicted of an electoral offence by a court or tribunal” be enacted and
inserted immediately after each of paragraph (d) of Sections 66, 107, 137, and
182 of the 1999 constitution.
According to INEC, the 2010 Electoral Act (as
amended) has empowered it to deregister political parties which fail to win at
least a seat in a state assembly.
The commission said that although the clamour
for the registration of more political parties had continued to gain momentum,
“it is practically impossible for all registered political parties in Nigeria
to be on the ballot.”
“It is for the above reason that INEC should
be empowered in consultation with political parties to determine the criteria
by which political parties get on the ballot. This is consistent with best
practices in many parts of the world,” Jega said.
Punch
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