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Nigeria: Uwais' Committee Okays Independent Candidates

Jide Ajani and Ben Agande

12 December 2008

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THE Electoral Reform Committee set up by President Umaru Yar'Adua yesterday submitted its report with a recommendation that independent candidates be allowed to contest in future elections, and that more independence be given the Independent National Electoral Commission (INEC).

The committee also recommended that additional 108 seats be created in the House of Representatives and the seats be contested for on proportional representation basis. Besides, there is a call for a ceiling for individual campaign funding for different categories of office-seeking politicians.

Submitting the report of the committee to the President, former Chief Justice of Nigeria and Chairman of the committee, Justice Mohammed Lawal Uwais, said some of the recommendations made by the committee would require constitutional amendments to ensure their implementation.

Highlights of the recommendations which are contained in six volumes include, but not limited to the following:

•Independent candidacy recommended;

•No carpet-crossing under any circumstances;

•Biased media reporting attracts N1,000,000.00;

•Additional 108 seats for House of Reps;

•Open Secret Ballot retained;

•Number of parties to be drastically reduced;

•SIECs to go;

•INEC to be unbundled;

•Electronic voting recommended;

•INEC Chairman, Deputy to be of different gender;

•INEC positions to be advertised;

•Electoral Offences Commission, Political Parties, etc Registration and Regulatory Commission coming;

•No office-holder in the party should hold any position in government;

Individual donations' ceiling:

•President = N20 million;

•Governor = N15 million;

•Senate = N10 million;

•House of Reps = N5 million;

•State Houses = N2.5 million

•Chairmanship of local government = N3 million; and,s

•Councillorship = N500,000.00.

Justice Uwais said in order to facilitate a speedy implementation of some of the recommendations contained in the report, the committee proposed a Draft Bill, which it attached as annexure to the main report for the amendment of the 1999 constitution to ensure that the recommendations work.

According to Justice Uwais, during the course of its work, the Electoral Reform Committee "established that the Independent National Electoral Commission and the State Independent Electoral Commission lack the requisite independence which he said is a "key deficiency of our electoral process."

"Accordingly, the committee has made appropriate recommendations to address the focal issues of their composition, administrative autonomy and funding. We have also made recommendations aimed at improving the performance of various institutions and stakeholders in the electoral process.

"These include the three arms of government, namely: the executive, the judiciary and in addition the political parties, security agencies, civil society organisations, the media and the general public," he said.

The chairman noted that in recommending proportional representation in elections to the legislatures and local government councils, the committee was persuaded by its "inclusiveness, simplicity and accountability."

"It promotes universal adult suffrage by ensuring that all voters are of equal value, that no valid vote cast is rendered useless, ineffective or wasted as all votes cast nationwide or statewide or local government wide, as the case may be, are taken into account. It also facilitates representation of women and other disadvantaged groups in the legislature and the local government councils.

We have in addition, recommended the re-introduction of independent candidature in all elections," he said.

Beyond the recommendations made by the committee, Justice Uwais said during the course of its assignment, the committee "found that election mind-sets are part of the elements that determine the success of election practices and the mind-set of Nigerians are not only generally negative but also irrational."

He said the committee had made appropriate recommendations aimed at changing this attitude in order to minimise electoral violence and rigging.

Explaining the modus operandi of its assignment, the committee chairman said it consulted widely with individuals, institutions, states and local governments and received 1,466 memoranda from both within and outside the country and received 907 presentations in 12 selected states of the federation during its public hearing.

Justice Uwais said the committee deliberately avoided travelling abroad but invited foreign experts from 11 countries and interacted with former heads of state and presidents, INEC, security agencies and civil society groups.

He maintained that if accepted and implemented, the recommendations "will significantly restore credibility to the Nigerian electoral process and usher in an era of free, fair and credible elections that will conform with international best practices."

In his remarks, President Yar'Adua said "the presentation of the report marks "the beginning of a process; it will ensure that we lay a solid foundation for sustainment and establishment and deepening of democracy.

"We will carefully study and implement, with the support of the National Assembly, those recommendations that will guarantee popular participation, ensure fairness and justice and bring credibility to the electoral process in Nigeria .

He said his administration was fully "committed to the implementation of the recommendations that have been put forward by this committee.

And I want to call on all Nigerians to take this report and the recommendations contained therein very seriously and take it as a matter of national duty to this generation and future generation to ensure that all stakeholders - the National Assembly, executive, state governments, local governments, agencies of government that are involved in election - to bring to bear on the implementation process of the recommendations of the report of the committee the same commitment and patriotism the committee has shown to the execution of this assignment.

According to the President, the decision of his government to focus on the electoral reform is based on its conviction that "election is at the heart of democracy, hence they must not only be fair but must also be seen to be so by our people and the rest of the world.

"In the modern age elections are very important institutional process of validation of public choices and the final enactment of social consensus on leadership and governors. It is not an over-emphasis on our part therefore to state that the role of free and fair election is fundamental to any democracy and to ensuring justice, equity and the rule of law.

"It is our abiding belief that failure in instituting an acceptable process by which the representatives of the people are chosen will definitely resort in failure in the long run.

Of course, with all other efforts this administration is making towards improvement of the lives of the people of this great country, for us to succeed in our effort however, we need the buy-in of all stakeholders - politicians, the media, civil society and indeed all Nigerians - in nurturing and sustaining credible electoral regime.

He thanked members of the committee whom he described as "Nigerians who have made marks in their chosen profession, who are patriotic and who have no other interest than the interest of this nation at heart."

The 22-member Electoral Reform Committee was inaugurated by President Yar'Adua on August 28, last year with a twelve month mandate which was extended on the request of the committee to this December.

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