Electoral Reforms: stakeholders push hard for Uwais’ brand

Since President Umaru Musa Yar’adua jettisoned the essential elements of the recommendations of the Electoral Reform Committee headed by Justice Mohammed Uwais, many stakeholders smelt a rat in the intentions of the Peoples Democratic Party (PDP) led government concerning the entire process. Some analysts even believe that the controversial bills which the president sent to […]

Since President Umaru Musa Yar’adua jettisoned the essential elements of the recommendations of the Electoral Reform Committee headed by Justice Mohammed Uwais, many stakeholders smelt a rat in the intentions of the Peoples Democratic Party (PDP) led government concerning the entire process. Some analysts even believe that the controversial bills which the president sent to the National Assembly in respect of electoral reforms were deliberately skewed to fail and enable the government buy time. In all, Federal Government said it accepted 73 of the 83 recommendations made by the ERC.

But when government backslided over the most important aspects of the recommendations of the Uwais panel which include total independence of the Independent National Electoral Commission (INEC), the need to dispense all electoral cases before swearing in elected officers and many other matters, opposition politicians and civil society organisations took up the fight to ensure that such recommendations see the light of the day. With these opposing views, many observers have begun to ask who will eventually drive the electoral reform process?

In response to the challenge by President Yar’adua for private member bills on the electoral reform process, a coalition of civil society organisations under the umbrella of the Civil Society Coordinating Committee on Electoral Reform (CSCC) had in collaboration with the National Democratic Institute for International Affairs of the US (NDI) and other NGOs have concluded the harmonization of the positions of civil society and other stakeholders into a consensus private member bill to be presented to the National Assembly.

Subsequently, an action plan was developed by the CSCC in April this year, highlighting advocacy activities to be implemented by its members to promote the adoption of the Justice Uwais recommendations into law through review of the 1999 Constitution and 2006 Electoral Act by the National Assembly.

Also, the Coalition of Democrats for Electoral Reforms (CODER), a political pressure group promoted by former Lagos State governor, Ahmed Bola Tinubu, General Muhammadu Buhari and former Vice President Atiku Abubakar is to sensitise Nigerians to push for vital recommendations of the Uwais report in the electoral reform process.  

While politicians are doing theirs, civil society organisations are penetrating even deeper with advocacy tours to rural communities as conceived in their master plan. For instance, the CSCC in partnership with the NDI last week to held such visit to Kaduna State where it met with stakeholders from different segments of the society.

In his address to various stakeholders, Executive Director of the Alliance for Credible Election, Mr Emma Azeazu made reference to four irreducible minimums which the CSCC wants included in the impending electoral review. First, the group wants any review to adopt the recommendations of the Uwais panel in respect of the appointment INEC board and the funding of the commission. The CSCC also wants the ‘onus of proof’ in a petition before the tribunal to be shifted to the INEC rather than the petitioner so that the commission will be forced to produce electoral materials with ease when required. The other ‘minimum’ is that election petitions must be concluded before swearing in and proportional representation be ensured to take care of the interest of women and the disabled in the society.

In company of Mr. Roman Shpak of the NDI, the NGO met with the Jama’atu Nasril Islam (JNI) and the Christian Association of Nigeria (CAN) to collate their views on aspects of the electoral reform. At the meeting with JNI, Acting Secretary of the Islamic umbrella organisation Abdulkarim Mu’azu stressed the need to reform the electoral system to achieve peace and development in the country. According to him, as long as injustice persists in the electoral process, there will continue to be violence and instability which could degenerate to anarchy and chaos.

Muazu made particular reference to the undesirability of the state independent electoral commissions (SIECS) because, as he said, they are mere extension of the government houses. He said the JNI also supports independence of the INEC in the areas of funding and appointment of its board as well as the need to conclude election petitions before swearing in officers.

The JNI also urged the CSCC to remain focused and continue to mobilise Nigerians at the grassroots to actively participate in the electoral reform discourse and the process of governance.

On its part, the CAN through the secretary of the Kaduna State chapter Mr. Joseph Wayab also expressed support for the electoral reform process and the desire to retain important elements of the Uwais report. He called for independence of the INEC in funding and appointments and proportionate representation of women and people with disabilities.

He also lent support to the call for elections and petitions to be concluded six months before expiration of tenure of elected officers so that only those who genuinely won elections could be sworn in. Wayab also talked about the need to scrap SIECs, saying they were inimical to the practise of democracy at the state levels.

At the Kaduna State House of Assembly, Deputy Speaker Yohanna Jatau said electoral reforms were critical to actualizing good governance in Nigeria. The lawmaker said the legislature had a critical role to play in achieving this. He expressed support for the need for independence for the INEC and the conclusion of petitions before swearing in officials. Jatau, however, disagreed with the call for the scrapping of the SIECS, advising that the bodies only needed to be strengthened like the INEC in the area of funding and appointment of the board.  

The constituency outreach in Saminaka, Lere Federal Constituency of Kaduna State unveiled the strong desire of the grassroots to correct the highly flawed electoral system. The gathering which cut across party lines was facilitated by member of the House of Representatives for the constituency, Rep. Saudatu Sani. Also in attendance were chairman of Lere Local Government Alhaji Ibrahim Lawal and several women, religious and ethnic groups.

The interactive session indeed captured the views of participants, most of which supported the need for independence of the INEC from executive control. However, a minority view supported the need to maintain the status quo. The need for resolution of election petitions before swearing was supported by most commentators. However, a particular view from the discourse observed that the caretaker committees that would be set up to maintain interim executive functions lacked capacity and would create a serious vacuum which is dangerous for good governance.

Rep Saudatu Sani, who spoke extensively on the reform process, assured her constituents that their views would be considered when the various issues come to the legislative table.

As of now, initial work on the electoral reform has been greeted with so many problems at the National Assembly raising further fears that the process could be stalled since it does not appear that government is having its way smoothly.

For instance, less than two weeks ago, members of the House of Representatives and the Attorney General of the Federation Michael Aondoakaa differed on how to approach the process of reforming the electoral system during a public hearing on the six electoral reform bills initiated by President Yar’adua. The Senate had earlier thrown out two of the president’s bills on account that it would amount to waste of time if the constitution is not amended. The bills require changes to the constitution and the House was holding hearings to collate views on amending the constitution, especially relating to electoral reform.

Aondoakaa had told the lawmakers that they ought to have started by considering a bill to alter the constitution because all the laws proposed for amendment require some constitution changes so work on the constitution must be done first for the changes to the bills be legally binding. But Deputy Speaker of the House of Representatives Usman Bayero Nafada disagreed with Andoakaa, saying the House is aware of the constitutional provisions and had the mechanism to address all fears including those being expressed by the Attorney General. He said amending the constitution separately would amount to waste of time.

But time does not appear to be friendly to any of the stakeholders, and particularly those who want to see changes in the electoral laws before 2011. This becomes even more disturbing against the background of the fact the National Assembly and more than two thirds of the houses of assembly in the 36 states are dominated by the PDP which is against key aspects of the reform.