This Day (Lagos)

Nigeria: Electoral Reform - Buhari, NLC Reject White Paper

Lagos — The White Paper on the report of the Justice Muhammadu Uwais Electoral Reform Committee (ERC) released two days ago by the Federal Government has elicited mixed reactions from prominent politicians and organisations.

Government's decision drew the ire of the Nigeria Labour Congress (NLC), Buhari Campaign Organisation (BCO) and Action Congress (AC) among others, which flayed the final decisions on the Uwais report.

But expectedly, the ruling Peoples Democratic Party (PDP) commended the Federal Executive Council (FEC) for "doing a good job" on the government's white paper.

The Progressive Peoples Alliance (PPA) and Conference of Nigerian Political Parties (CNPP) also criticised the white paper.

Government had on Wednesday adopted the Uwais-led ERC report with some modifications.

FEC after its meeting on Wednesday okayed the unbundling of INEC and the setting up of a board for the commission with a chairman and deputy chairman but turned down the recommendation by the Uwais committee that the National Judicial Council (NJC) should coordinate the appointment of INEC chairman.

It opted to retain the status quo that the President continues to appoint the commission's chairman with the approval of the Senate.

Government also approved the abolition of State Independent Electoral Commissions (SIECs) and independent candidacy among others

But the NLC, in conjunction with the Alliance for Credible Elections (ACE) Nigeria, Transition Monitoring Group (TMG), Electoral Reform Network (ERN), Citizen's Forum for Constitutional Reform (CFCR), Gender and Constitutional Reform Network (GECORN) and National Coalition on Affirmative Action (NCAA), issued a joint statement yesterday, rejecting the white paper.

They said: "The argument in support of the FEC's decision that the President should retain the power to appoint the INEC chairman and commissioners to the effect that the proposal for the power to be conferred on the NJC infringes the principle of separation of powers is untenable.

"In our view, rather than infringe the principles of separation of powers, it reinforces the doctrine of checks and balances among different arms of government as it is a more viable option than having the President, who is a player in the electoral process, determine whom the umpire should be.

"In our view, the whole effort at reforming the electoral process has been undermined substantially to a level that is not acceptable to the Civil Society. Accordingly, we reject the White Paper issued by the FEC, in so far as it is inconsistent with the report of the ERC."

The BCO in a statement signed by Mr. Buba Galadima on behalf of the All Nigeria Peoples Party (ANPP) candidate in the April 21, 2007 presidential poll, Major-General Muhammadu Buhari, called for a referendum on the ERC report.

Galadima said: "What is happening now is that we have been vindicated as the PDP-led government is afraid and does not have the sincerity to enthrone democracy where the votes of the people count.

"As things stand from the drama going on in the National Assembly, the Federal Executive Council and the National Council of State over the electoral reform, none of these bodies is prepared to lose its privilege and bequeath to us an enduring electoral reform, which will give the citizens the freedom to elect people of their choice."

However, PDP in a statement signed by its National Publicity Secretary, Prof. Ahmed Alkali, commended President Umaru Musa Yar'Adua for the adoption of the report and pledged support for its implementation.

"The action of the Federal Government has put paid to cynical speculations from opposition parties who recently attempted to cast shadows on the sincerity of the government in implementing the recommendations," the party said.

PDP added: "It is our position that the implementation of the white paper is a great leap forward in strengthening the sanctity of the ballot box in our quest to institutionalize and stabilize our democratic process. We are particularly delighted with the adoption of an independent candidate in all elections which we believe may give the electorate the freedom of choice."

Former presidential aide, Prof. Julius Ihonvbere, said the reforms were urgently needed in the electoral system to restore the lost confidence of the generality of Nigerians in the system.

Ihonvbere, in his lecture at the Lead City University, Ibadan, noted that the reforms would ensure sufficient and speedy adjudication of critical petitions, careful monitoring of electoral processes by civil society groups and severe sanctions for all electoral offences.

According to him, "it is one of the strategic ways to get our politics right and when this happens, we can get our economic directions right as well."

In condemning the report, AC said there were glaring flaws in the government's white paper.

According to a statement by its National Publicity Secretary, Alhaji Lai Mohammed, the party said what would have been a paradigm shift from the past was marred by such flaws, which include the retention of the authority to appoint INEC chairman in the office of the President.

Other flaws, the party noted, included the rejection of the six-month deadline for litigations concerning election petitions and the silence on role of the security agencies, especially the police and the military, during elections.

"We reject the argument that allowing the NJC to oversee the appointment of the chairman of INEC and those of the three proposed bodies would encroach on the separation of power.

"If the appointment of Justices of the Court of Appeal and the Supreme Court by the President, subject to confirmation by the Senate, does not infringe on the so-called separation of power, why should it be a problem for the NJC to oversee the appointment of these key officials of INEC and other proposed bodies? Perhaps, the powers-that-be simply want to retain some measure of control over INEC, which is a blow on its independence," AC said.

Also, the PPA National Chairman Clement Ebri described the white paper as "Business as usual", stating that the best way out was for government to call a meeting of all the stakeholders.

Ebri specifically carpeted the Federal Government's decision to retain the President's power to appoint the INEC Chairman and other members of the commission.

"The powers to appoint members of INEC including the chairman must be insulated from the executive arm of government," he said.

On its part, CNPP in a statement by its National Publicity Secretary Osita Okechukwu said: "President Yar'Adua by rejecting and mutilating the excellent and core provision of the Electoral Reform Committee (ERC) report, which truly guarantees independence, impartiality and allegiance to the electorate, the President has wittingly demonstrated his phobia and contempt for free, fair and transparent election.

"President Yar'Adua regrettably forgets that insulating the President as a contender from appointing the chairman, national and state electoral commissioners more than any proviso in the ERC report addresses the much-craved level playing field."

Former House of Representatives Speaker Aminu Masari and Executive Director of the Centre for Information Technology and Development (CITAD), Kano, Mr. Yunusa Ya'u, faulted the white paper.

They said the decision to allow the President appoint principal officers of INEC violated the interest of the people.

Masari, who spoke at a one-day workshop on Internal Democracy among Political Parties, said the people needed to understand the contents of the report and the basis of the government's decision.

He said: "There are three segments of the report, including the administrative report, the work on the Electoral Act and its recommendations on constitutional reform.

"Apart from the administrative report, the government has nothing to do with the other segments which are purely the business of the National Assembly.

"This is what the President promised us when he was elected, Nigerians should insist on the outcome of the ERC and push for genuine reform."

Ya'u, who said he was disappointed in the government action, said the ERC toured the entire country to collate opinions of citizens on credible elections as promised by President Yar'Adua.

Former Oyo State Governor Lam Adesina also criticised the government for reserving the power over the appointment of INEC chairman for the President.

Adesina, who spoke with THISDAY in a telephone chat, explained that FEC should have retained the recommendation of the Uwais committee.

The former governor, however, welcomed the idea of independent candidacy and the scrapping of SIECs, which he noted had been used by some governors to lord their political parties on the people.


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