The question became more pertinent at the weekend, with more officials leaving the agency.
Of the 13 National Commissioners, only four, including the Acting National Chairman, Mrs. Amina Zakari, remain in office.
But of the four, two (Mr. Chris Iyimoga and Amb. Mohammad Ahmad Wali) will
complete their five-year tenure today.
Zakari and Nwuruku will be left to run the commission.
Also, about six of the 37 Resident Electoral Commissioners (RECs) have finished
their terms of office.
The development has heightened the lobbying for the commission’s chairman.
The Presidency is shopping for credible candidates as INEC chairman and RECs.
No fewer than 10 candidates are jostling to be chairman.
Some of those being speculated are: Mrs. Zakari; two former National
Commissioners (Lai Olurode and Nuru Yakubu); the Director-General of INEC Electoral
Institute, Prof. Abubakar Momoh; Mr. Festus Okoye ( a human rights activist); Mr.
Mike Igini and three unnamed candidates.
A retired Chief Justice of Nigeria, Justice Muhammadu Uwais, who was the
chairman of an Electoral Reform Committee raised by the late President Umaru
Yar’Adua, has been suggested for the job, but there is a snag: his age.
The top contender for the coveted seat is Mrs. Zakari, a princess of Hadejia, Kano
State in the Northwest.
Besides coming from the same geopolitical zone with Jega, Mrs. Zakari is the first
woman vying for the Chief Electoral Officer.
It was gathered that there were issues on whether or not the President should
appoint the INEC chairman from the North or the South.
The last occupant of the office, Prof. Attahiru Jega, came from Kebbi State in the
Northwest.
The North-South dichotomy has placed a burden on the Presidency and made the
race to succeed Jega keener, The Nation learnt.
The geo-political breakdown of past INEC chairmen is as follows: Chief Eyo Esua
(1964-1966)—Southsouth; Chief Michael Ani (1979)—Southsouth; Justice Victor Ovie-
Whiskey (1983)—Southsouth; Prof. Eme Awa(1987-19890—South-East; Prof.
Humphrey Nwosu (1989-1993)—Southeast; Prof. Okon Uya and Chief Sumner
Dagogo-Jack (1994-1998)—-Southsouth; Justice Ephraim Akpate (1998-2000)—
Southsouth; Prof. Abel Guobadia(2000—2005)—Southsouth; Prof. Maurice Iwu
(2005-2010)—Southeast; and Prof. Attahiru Jega (2010-2015).
A source said: “Of the six geo-political zones, only three have produced INEC
chairman. The zones yet to produce one are: Northeast, Northcentral and Southwest.
This is why ethnic or geo-political politics is beclouding the lobbying.
“The decision will be tough for the President because his predecessor, ex-President
Goodluck Jonathan, opted for a Northerner as INEC chairman. This is a template
which cannot be ignored. Jonathan might have copied the template from former
President Ibrahim Babangida, the late Head of State, Gen. Sani Abacha; and ex-Head
of State Gen. Abdulsalami Abubakar.
“Ex-President Olusegun Obasanjo however jettisoned the template when he
appointed Guobadia and Iwu from the Southsouth and the Southeast.
”From the meticulous method Buhari has adopted in making appointments, merit
and incorruptibility might be his yardsticks, irrespective of geo-political zones. Some
of these candidates have started lobbying for the plum job. The search is, however,
difficult by the standard set by Jega.
“As for geopolitical zone, as long as Buhari gets a competent hand, he can still
appoint a new INEC chairman from the Northwest. If you look at past successive
chief electoral officers, a Southsouth candidate has replaced another.”
Mrs. Zakari appears the aspirant to beat.
Those backing her, mostly gender advocates, are flaunting “her rich career
experience, devotion to duty, grasp of the electoral process and her tutelage under
Jega”, a source said, adding that: “these feminine advocates have taken their
agitation to some UN organisations and embassies on why a woman should lead
INEC for the first time.
“But the reservations about her include her past service under a former FCT Minister,
who is now a governor, her continued service in INEC after the expiration of her
tenure on July 21, alleged illegality of her appointment as acting INEC chairman;
opposition by PDP and mudslinging by some of her co-aspirants.”
A Presidency source said President was yet to discuss his nominees for INEC.
“So far, there is an acting chairman and contrary to some insinuations, the choice of
Amina Zakari as acting chairman is legal.”
Section 318(4) of the Constitution states that ‘The Interpretation Act shall apply for
the purpose of interpreting the provisions of this Constitution.’
“Section 11 of the Interpretation Act empowers whoever can make a substantive
appointment to appoint a person in an acting capacity. It is misleading to say that
there is no provision for any acting capacity in INEC.”
As of press time, it was gathered that the President would need to consult with the
Council of State before appointing the next INEC chairman.
“This means, President Buhari must do his homework very well in appointing the new
INEC chairman and RECs. By Monday, only two National Commissioners will be in
charge of INEC. Also, about six RECs are left nationwide,” a former National
Commissioner said.
“Section 154(3) of the 1999 Constitution empowers the President to consult the
Council of State before appointing INEC chairman and National Commissioners.
The section reads in part: “In exercising his powers to appoint a person as Chairman
or member of INEC, National Judicial Council, the Federal Judicial Service
Commission or the National Population Commission, the President shall consult the
Council of State.”
Also, sections 14 and 15 of Part 1 of the Third Schedule of the 1999 Constitution
states: “The Independent National Electoral Commission (INEC) shall comprise the
following members (a) a Chairman, who shall be the Chief Electoral Commissioner;
and (b) twelve other members to be known as National Electoral Commissioners.
“A member of the Commission shall be (a) non-partisan and a person of
unquestionable integrity (b) be not less than 40 years of age in the case of the
chairman and not less than 35 years of age in the case of the National
Commissioners
“There shall be for each state of the Federation and the Federal Capital Territory,
Abuja, a Resident Electoral Commissioner who shall (a ) be appointed by the
President subject to confirmation by the Senate (b) be a person of unquestionable
integrity and shall not be a member of any political party and (c) not be less than
35 years of age.
“The Commission shall have power to (a) organise , undertake and supervise all
elections to the offices of the President and Vice President, the Governor and
Deputy Governor of a State, and to the membership of the Senate, the House of
Representatives and the House of Assembly of each state of the Federation.”
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