By Chukwudi Nweje
President Bola Tinubu’s recent appointment of 10 Resident Electoral Commissioners (RECs) into the Independent National Electoral Commission (INEC) and their subsequent confirmation by the Senate is agitating the minds of pro-democracy, civil society organisations (CSOs), activists, and Nigerians in general.
One of the conspiracy theories trailing the appointment is that President Tinubu, who is barely six months in office is already laying the foundation for his re-election in 2027.
The new RECs from Akwa Ibom, Edo, Ekiti, Gombe, Kwara, Lagos, Nasarawa, Niger, Rivers, and Zamfara states will replace the 10 whose tenures have elapsed. They include: Mr. Etekamba Umoren, Akwa Ibom; Mr. Isah Shaka Ehimeakne, Edo State; Mrs. Oluwatoyin Babalola, Ekiti State; Mr. Abubakar Ahmed Ma’aji,Gombe State, and Mr. Shehu Wahab, Kwara State.
Others are Dr. Bunmi Omoseyindemi, Lagos State; Mr. Aminu Kasimu Idris, Nasarawa State; Prof. Mohammed Yelwa, Niger State; Dr. Anugbum Onuoha, Rivers State; and Mr. Isma’ila Kaura Moyi, Zamfara State.
Two of the RECs － Mr. Umoren from Akwa Ibom State and Mr. Ehimeakne from Edo State － are alleged to be card-carrying members of the ruling All Progressives Congress (APC).
It is noteworthy that RECs have a tenure of five years in the first instance, subject to reappointment. Many argue that the implication is that the two ‘partisan’ RECs would supervise the election in 2027 in the states they are posted to.
As a rule, RECs play very crucial and important roles in the electioneering process, and are therefore expected to be politically neutral.
The RECs assisted by relevant government agencies, undertake the Presidential, National Assembly, Gubernatorial and House of Assembly elections in the state they are assigned to. They also act pursuant to powers delegated to him or National Chairman of INEC and the 12 Commissioners. Analysts believe that Mr. Umoren and Mr Ehimeakne as APC members would not be neutral.
Although the APC has denied that they are members of the party, Nigerians are not convinced.
Nigerians fear that the two RECs would unleash the infamous quote attributed to Josef Vissarionovich Stalin, the former Soviet revolutionary and politician, who led the Union of Soviet Socialist Republics (USSR) from 1924 until his death in 1953, that “Those who cast the vote don’t decide an election, the people who count the votes do”, on the democratic space in 2027.
Objections
Seventeen CSOs, who nurse this fear immediately the names of the new RECs were made public on October 25 by President Tinubu’s Special Assistant on Media, Ajuri Ngelale, raised objections to the appointment of Mr. Umoren and Mr Ehimeakne, and petitioned the Senate President, Godswill Akpabio, pointing out that the appointments breached section 156(1) and Third Schedule, Part 1, Item F, paragraph 14 (1) of the Constitution of the Federal Republic of Nigeria, 1999 constitution (as amended).
In a petition addressed to Akpabio, titled: ‘Petition against the Nomination of Messrs. Etekamba Umoren (Akwa Ibom) and Isah Shaka Ehimeakne (Edo) as Resident Electoral Commissioners of the Independent National Electoral Commission (INEC)’ dated November 1, 2023, the CSOs including Centre for Media and Society (CEMESO); Centre for Journalism, Innovation and Development (CJID); Civil Society Legislative Advocacy Centre (CISLAC); CLEEN Foundation; Elect HER; Enough is Enough; International Press Centre (IPC); Inclusive Friends Association (IFA); Justice, Development and Peace Makers Centre (JDPMC), Osogbo; The Kukah Centre; The Electoral College; The Electoral Hub; Nigeria Women’s Trust Fund (NWTF); Partners for Electoral Reform; TAF Africa; Women Advocate Research & Documentation Centre (WARDC); and Yiaga Africa, demanded the disqualification of Mr. Umoren and Mr Ehimeakne by the Senate.
RECs though appointed by the president can only take up the position if confirmed by the Senate.
The petition read in part, “On Wednesday, 25 October 2023, President Tinubu nominated ten Resident Electoral Commissioners to the Independent National Electoral Commission (INEC) under the powers vested on the President by Section 154 (1) of the Constitution of the Federal Republic of Nigeria 1999 (As Altered) and Section 6 of the Electoral Act 2022.
“Mr President, Messrs. Etekamba Umoren and Isah Shaka Ehimeakne are not qualified for appointment as Resident Electoral Commissioners of INEC as they are deeply involved in partisan politics contrary to the requirements of section 156(1) and
Third Schedule, Part 1, Item F, paragraph 14 (1) of the Constitution of the Federal Republic of Nigeria, 1999 (As Altered).
“The Constitution makes non-partisanship a mandatory requirement for appointment as a Resident Electoral Commissioner of the INEC. The Constitution of the Federal Republic of Nigeria, in section 156(1) (a), clearly prohibits the appointment of any member of a political party as a member of INEC. To further ensure the neutrality of the members of INEC, the Constitution mandates in the Third Schedule, Part 1, Item F, paragraph 14 (1) that a Resident Electoral Commissioner shall be non-partisan and a person of unquestionable integrity. Messrs. Etekamba Umoren and Isah Shaka Ehimeakne are not only members of the ruling All Progressives Congress (APC) but have publicly declared their membership and campaigned for the party wearing attires of the party at campaigns and public events.
“Mr. Etekamba Umoren is believed to be a card-carrying member of the All Progressives Congress (APC) and served as an aide to the current President of the Senate, Dr. Godswill Akpabio, when he was the Governor of Akwa Ibom State. He also served as the Chief of Staff to the President of the Senate when he was the Minister of Niger Delta Affairs…
“Mr. Isah Shaka Ehimeakne of Edo State is believed to be a card-carrying member of the APC, who is engaged in partisan politics both on-line and off-line. Before his appointment as a Resident Electoral Commissioner, his Facebook page in his name, Isah Shaka, embarked on campaigns for the APC and its candidates. This depicts his partisanship which disqualifies him from appointment as a Resident Electoral Commissioner that requires neutrality and non-partisanship in line with the constitutional provisions cited above…”
A former presidential candidate of the Social Democratic Party (SDP) in the 2023 election, Prince Adewole Adebayo shares the same concern.
He said, “President Tinubu has appointed 10 incompatible persons to become INEC RECs and nobody seems to be raising objections; this is 2027 elections being done already. These people if confirmed have a tenure of five years so they will conduct the next election. Many of these people appointed RECs are so partisan and close to people in government and should not come anywhere near where neutrality and impartiality is required. This is the foundation of a future complaint being laid already.”
Petition ignored
The Senate screened and cleared seven of the RECs, including Mr.
Umoren and Mr. Ehimeakne, the same Wednesday November 1, the CSOs petition was dated. The other three who were not present on November 1, were confirmed on November 2.
Meanwhile, the Senate on Monday November 6, held an emergency session to gazette the confirmation of the 10 RECs and transmit same to the president for assent.
Labour Party kicks
Meanwhile, the Labour Party (LP) has condemned the appointment of partisan RECs saying it may be pushed to take legal actions.
Spokesperson for the LP Presidential Campaign Council, Yunusa Tanko, said, “I think the party needs to visit the Constitution and look at the options that are available for us because we cannot continue to allow such things to continue this way. There will not be fairness. These are some of the things we are actually asking for in constitutional reforms. If the constitution is being used to put some people in positions of RECs, how do you expect such people to be fair. So, we will look at the constitution’s position and take it up constitutionally and, if possible, visit the court to challenge it.”
APC disowns REC
The APC in the meantime insisted that Umoren and Ehimeakne are not members of the party. Media aide to Senator Akpabio, Eseme Eyiboh, said Umoren is not a card-carrying member of the APC in Akwa Ibom and that pictures of him adorned in APC campaign attire were not enough to conclude that he is a member of the party.
He also said Umoren’s previous appointments as Secretary to the State Government and Chief of Staff to Senator Akpabio, has nothing to do with partisanship as he is a technocrat.
Eyiboh said: “The issue of Umoren as a nominee, REC, is very clear. I’m also aware of the petitions, complaints, and all of that.
“Umoren is a bureaucrat. He served in Akwa Ibom State executive as a permanent secretary. He was a career civil servant as a permanent secretary. And he was employed in that same executive, not by the political party, as the chief of staff and then secretary to state government not to serve a political party but to serve a government.
“So, there is difference between a political party appointment and the government appointment. I have also seen that some alleged he wore the uniform of the APC. The law is very strict on who is a member of a political party.
“Member of political party must not only be a card-carrying member of that party, he must be in a good financial standing with that political party.
“His name must be among the registered members of that political party. The prescription has nothing to do with uniform or mode of dressing.
“I’m sure you are also aware, in this age of artificial intelligence (AI), I can wear this cloth and then they can change this garment to become a suit. So, you must be aware that the possibility of cloning is also possible. You can’t rule that out. But what substantially defines a member of a political organisation or party is the register of membership. Two, meeting the criteria so set out by that organisation.
“So, it is not true. It is speculative. It is spurious to say that Etekarnba is a member of the APC. That’s not correct.”
An affront on the Constitution
The Transition Monitoring Group (TMG) and CISLAC says the confirmation of the RECs is an affront to the constitution.
Executive Director CISLAC /Chairman, TMG Auwal Ibrahim Musa Rafsanjani, said the appointment of partisans as RECs and their confirmation by the Senate shows that Tinubu and Akpabio are more interested in consolidating their hold onto power than in promoting democracy.
He said, “The confirmation of certain nominees of the President as RECs by the Senate shows that both Mr President and the Senate are not ready to be guided by the Constitution of the Federal Republic of Nigeria, which they swore oath to uphold.
“Also, the administration is not prepared, nor does it have any intentions to uphold the tenets of democracy.
The civil society had in very clear terms petitioned the nomination of those persons with recent political activities and engagements pointing to their clear partisanship. Evidence was abundantly and sufficiently provided to prove their partisanship, yet, in flagrant disregard for the constitution and the people of Nigeria, the President failed to withdraw those nominations while the Senate hurriedly went ahead to confirm their nominations.”
Last line
According to TMG/ CISLAC, absolute powers reside in the Constitution and the people of Nigeria, and the confirmation of the RECs despite the fact that the petition against them is undemocratic.
“The President and the Senate President must understand that absolute powers reside in the Constitution and the people of Nigeria.
“This action negates the oath of the highest offices which are supposed to be seen to uphold the constitution and exercise respect to Nigerians. This action shows that this administration is only vested in consolidating their grip on power by every means irrespective of the provisions of the constitution. This action shows that both the president and senate president are undemocratic”, TMG/CISLAC said.
Quote: “The confirmation of certain nominees of the President as RECs by the Senate shows that both Mr President and the Senate are not ready to be guided by the Constitution of the Federal Republic of Nigeria, which they swore oath to uphold”