Last month, Mr. President nominated Prof. Joash Ojo Amupitan, SAN, as the new Chairman for the Independent National Electoral Commission (INEC)—replacing the outgoing Prof. Mahmood Yakubu. The nomination has since been approved by the National Council of State and the Senate, meaning the Professor of Law will now takeover the reins of Nigeria's primal electoral body from his predecessor, who served for 10 years.
Of course, the above information would be nothing uncommon to any person interested in the political happenings of Nigeria; but judging by analyses and aftermath of the previous general elections of 2023, what will be dumbfoundedly common to Nigerians will be how the appointment of the INEC chairman—the electoral umpire—is still a power that resides in the hands of the President, who will, in this case, be undoubtedly vying for a second term—and as such, is an electoral competitor.
How can the electorate of a country that has already endured “one of the worst elections in its history” and is continually plagued by bad governance and corruption be assured that the next one will be better if the Victor of the said “worst election” is the one appointing the umpire of the next election?
Yes, the President ‘just nominates’ and it doesn't take effect without the approval of the NCS and the Senate; but anyone conversant with the political corridors in Africa’s most populous country knows that the NCS just operates in an advisory capacity and the current Senate is just another bureaucratic rubber stamp for the President's policies.
While there may be cause to believe that Amupitan’s reign may or may not result in free, fair, and credible elections, the fact remains that the independence of the electoral body will always be called into question considering the method of appointment of its chief. There is an urgent need for legal reforms and to think that a country with Nigeria's current socio-cultural, political, and economic trajectory should be one at the forefront of reforms to processes and laws such as this, but no, we'd rather refer to ourselves as the ‘Giants of Africa’, whilst we remain at risk of a pseudo-dictatorship like that of Paul Biya in Cameroon or Samia Suluhu Hassan in Tanzania.
What Can And Should Be Done?
There's the argument that there is not much to be done considering that even pioneer democracies, such as the United States, still assign the power of deciding the electoral umpire to the hands of the president. However, I think that an exception has to be made for countries still struggling with electoral competence, such as Nigeria.
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I can foresee three possible solutions to this and I'll enumerate them in order of difficulty to achieve.
As a simple, reactionary measure, I believe the appointment of the electoral chairman should fall into the hands of the judiciary—something similar to what happens in Botswana. This can be agreeable, especially if you consider the fact that the judiciary are the ones who adjudicate electoral tribunals or disagreements when the elections are concluded and deemed unsatisfactory.
As a much steeper alternative, there should be a committee made of chief stakeholders of the various political parties to decide on matters such as these. Being a country that practices a multi-party electoral system, I believe that it will be in the best interests of everyone if these parties were well-represented in decisions such as the appointment of electoral chairman.
At its worst, there will be disagreement and conflict—whereupon, any arm of government (executive, legislature, or juduciary) can then step up to offer or impose a resolution. But at its best, the country would end up with an electoral head devoid of palpable or questionable allegiances.
At lastly, while unattainable, an openly-advertised, longlist, but rigorous procedure may not be out of order. An open call to all citizens, not only widens the pool of possible candidates but also ensures that whoever emerges, would have theoretically done so as a result of a free and fair process. But this too isn't corruption-proof, is it?
Nigeria, as a country, has suffered for far too long and if we are to head in a positive direction for the foreseeable future, one of the most pivotal points of such progression would be a revamp of our recruitment for leaders. That revamp should start with none other than that of the electoral chairman.
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It's one madness all of us will join hands together to resist come 2027