By ONYEKACHI EZE

The action of the Resident Electoral Commissioner (REC), Hudu Yunusa Ari, in the just concluded Adamawa State governorship election and that of others in the current cycle of elections, have raised concerns over the process of nomination of persons who will serve in the Independent National Electoral Commission (INEC), writes ONYEKACHI EZE

Prior to the screening of 19 newly nominated Resident Electoral Commissioners (RECs) by the Senate Committee on the Independent National Electoral Commission (INEC) last year, a coalition of civil society organisations (CSOs) said the list sent by President Muhammmadu Buhari contained some the nominees who are “partisan and have questionable character.”

According to them, Section 156(1)(a) of the 1999 Constitution prohibits the appointment of any person who is a member of a political party, as a member of INEC. The group, made up of Yiaga Africa, International Press Center (IPC), Center for Media and Society, The Albino Foundation, Elect Her, and Nigerian Women Trust Fund said :”Some of the nominees of the President fail the constitutional test of non-partisanship and unquestionable integrity. Evidence abounds that some of the nominees are either partisan, politically aligned, or previously indicted for corruption.”

Some of the RECs objected against were Prof. Muhammad Lawal Bashir from Sokoto State, whom they said was governorship aspirant under the All Progressive Congress (APC) in 2015; Mrs. Sylvia Uchenna Agu, from Enugu State, who is believed to be the younger sister of the APC Deputy National Chairman, South-East; Mrs. Pauline Onyeka Ugochi, a former Head of Information Communication Technology (ICT) at INEC in Imo State; and Mrs. Queen Elizabeth Agwu, a former Accountant-General of the Ebonyi, who was suspended, allegedly on the grounds of incompetence and corruption in 2016.

“We contend that the appointment of these individuals as RECs will significantly undermine the neutrality and impartiality of the Independent National Electoral Commission, and it will increase mistrust in INEC and Nigeria’s electoral process. By the combined effect of section 156 (1)(a) and Third Schedule, Part 1, item F, paragraph 14 (1), these individuals are constitutionally prohibited from any appointment as members of INEC,” the coalition argued. But the Senate Committee Chairman Kabiru Gaya, thought otherwise.

The committee in its report to the Senate said the President’s nominees met the constitutional requirements, and therefore, cleared them for confirmation. The unfolding event in the just concluded general elections however, seemed to have proved the CSOs right, that some of RECs were truly partisan. Three of the commissioners: Dr. Nura Ali (Sokoto), Hudu Yunusa Ari (Adamawa) and Ike Uzochukwu (Abia), have been found wanting in their conduct during the elections, and were subsequently suspended by the commission. Uzochukwu and Ali were suspended “for endangering the electoral process.”

The Abia REC was comaccused of bungling the logistics arrangements for the conduct of February 25 presidential and National Assembly elections, while the commission was not happy that his Sokoto State counterpart failed to make declarations for all the national assembly seats in the state. Rose Oriaran-Anthony, Secretary to INEC, in a letter of March 6, told REC Nura Ali “to stay away from the Commission’s office in Sokoto State immediately until furthermore notice. “The Administrative Secretary (Hauwa’u Kangiwa) is directed to take full charge of INEC, Sokoto State office with immediate effect.”

Clement Ohia, the Administrative Secretary takes charge of the commission’s affairs in Abia State after the suspension of REC. INEC National Commissioner in charge of Information and Voter Education Committee, Festus Okoye, said the issues of the commissioners would be visited after the governorship and state Assembly elections and the supplementary elections. That of Adamawa REC Yunusa Ari, was criminal in nature, and the commission has reported him to the Police. Okoye in a statement, said the REC declared the result of the April 15 supplementary election even when the process had not been concluded. “The action of the REC is a usurpation of the power of the Returning Officer.

It is null, void and of no effect. Consequently, the collation of results of the supplementary election is hereby suspended.” The Commission told the Inspector General of Police (IGP) Usman Alikali Baba to commence immediate investigation and possible prosecution of the REC, and equally requested the Secretary to the Government of the Federation (SGF) Boss Mustapha, “to draw the attention of the appointing authority to the unwholesome behaviour of the REC for further action.”

Observers believe that REC Yunusa Ari showed open partisanship by declaring the APC candidate, Aishatu Ahmad Dahiru, popularly known as Binani, winner of the election in flagrant violation of the INEC guideline. According to reports, he sneaked into the State Collation Centre by 9 am on Sunday, April 16, two hours behind the scheduled 11 am for the resumption of collation after it was suspended in the late hours of Saturday. Okoye said the commission sent two National Commissioners to supervise the April 15 supplementary governorship election in Adamawa State, but Yunusa Ari refused to work with them “for reasons that are now obvious to all.” President Buhari has promptly acted on INEC’s recommendation. A statement from the Office of the Secretary to the Federation (SGF) Boss Mustapha, said the President approved the REC’s immediate suspension pending the completion of investigation by the IGP on his conduct/actions during the Supplementary election.

“The President has directed the immediate investigation and prosecution, if found liable, of Barr. Hudu Yunusa Ari, by the Inspector General of Police. Also, the President has directed investigation by the Inspector General of Police, Director-General of the Department of State Services, and the Commandant General of the Nigeria Security and Civil Defense Corps, of the role of their officers in aiding and abetting the conduct/actions of Barr. Hudu Yunusa Ari and if found culpable, appropriate disciplinary actions, to be meted out to them,” the statement signed by Willie Basset, Director, Information in the SGF office added. Before now, INEC always come in defense of its RECs whenever they come under attack by politicians.

In 2020, during the run up to the Edo State off-cycle governorship election, the commission came in defense of Mike Igini, against the allegation of plot to rig the election, by the chairman, media campaign of APC in the state, John Mayaki. Igini, was then serving as REC in Akwa Ibom State, and INEC Chairman Prof. Mahmoud Yakubu said the commission was in support of Igini, because “We know the kind of job we are doing. “On the eve of elections, all manner of people come with all manner of accusations to slander officials of the commission and essentially to divert our attention from the onerous task of conducting elections in the country. “We won’t be distracted. We know all these shenanigans; people have been doing this for a long time. It will not distract us from doing what is right.”

The REC later filed a N1 billion suit against Mayaki in court for character assassination, a retraction and public apology. The commission again stood with Igini in its decision on the APC primary in the Akwa Ibom North West senatorial district. The REC had maintained that former deputy Inspector General of Police, Udom Ekpoudom (retd) won the party primary conduct on May 27, 2022, and not the former Minister of Niger Delta Affairs Godswill Akpabio who was laying claim to it. It took the decision of the Supreme Court for the former minister to be on the ballot for the 2023 general elections. But the case of the three RECs is different.

The commission dissociated itself from their actions, hence the action taken against them. This calls for review the criteria in the nomination of persons who will manage the nation’s electoral process. Apart from the CSOs objections to the nomination of some 19 RECs last year, attempt by President Buhari to appoint his former Special Assistant on Social Media, Lauretta Onochie, a well-known member of APC, attracted public uproar. Board member, YIAGA Africa, Ezenwa Nwagwu said Onochie is not only a Special Assistant to the President on Social Media, a card-carrying member of the ruling APC, but a British citizen, which he said falls “short of the constitutional requirements for being appointed to that position as stated in Sections 156(1a) and 66(1a) of the 1999 Constitution.

“Further proof of Mrs. Onochie being a British citizen is contained in the fact that until recently, she was a full, card-carrying member of the British Conservative Party, contested elections for a councillorship position in Thames Ward in the London Borough of Barking and Degenham in 2010 as a member of the UK Conservative Party. ”Also, her appointment negates the Federal Character principle as provided in Sections 14(3) and 14(4) of the 1999 Constitution as Delta State is already represented by Mrs. May Agbamuche-Mbu, who currently serves as National Commissioner with the Independent National Electoral Commission. “We also demand that to the President, as a matter of urgency, withdraw the nomination of Onochie in the public interest. Such an appointment will undermine citizens’ confidence in INEC, increase mistrust in the commission and Nigeria’s electoral process.

It will also jeopardise the trust of other political parties in the commission.” The Senate eventually rejected her nomination. Justice Mohammed Lawal Uwais-led National Electoral Reform Committee (NERC) set up by President Umaru Musa Yar’Adua administration, in its report, described free and fair elections as “the cornerstone of every democracy and the primary mechanism for exercising the principle of sovereignty of the people and are therefore a crucial requirement for good governance in any democracy.” Free and fair elections start with the nomination of impartial, non-partisan and incorruptible election officials. It is important to do a background check of every nominee into INEC. Unfortunately, President Buhari’s nominees into INEC since he assumed office, have attracted much criticism. And this is not good for the integrity of the electoral process.

There have been calls to repose the duty of nominations into INEC on another body other than the presidency. This was one of the recommendations of the Uwais committee. The presidential candidate of the Peoples Democratic Party (PDP) in the 2023 election Alhaji Atiku Abubakar, in 2019, supported this recommendation, and called for the transfer of the power to appoint INEC Chairman from the president to the judiciary. This, Atiku explained, is because, “Of all three arms of government, the judiciary is the least affected by elections, meaning that it has the highest objectivity in matters relating to the INEC. It is therefore in the best position of the three arms, to appoint a Chairman and board members for the electoral body that are impartial, competent and patriotic. The action of Hudu Yunusa Ari, the suspended Adamawa REC, will be an eye opener in future nominations of officials into INEC management committee. Besides, to ensure integrity of the electoral process and sanctity of the will of the people, the conduct, uprightness, neutrality and readiness of INEC officials to adhere to provision of the Electoral Act and indeed the Nigerian Constitution would henceforth come under severe scrutiny.