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When President Umaru
Yar’adua promised to reform our
electoral system on the very day he was
inaugurated, not a few Nigerians may
have been skeptical, if not downright
cynical. I mean how do you believe the
word of a fence for stolen goods – in
this case the votes of Nigerians - when
he says he’ll make sure that no one ever
steals again?
Like so many Nigerians I had
my doubts about the sincerity of his May
29 2007, but for some inexplicable
reason I thought he deserved the benefit
of doubt. My little faith shrank further
when he appointed the former Chief
Justice of Nigeria, Muhammadu Uwais, to
head the committee he set up for the
reform. Not that the former CJN lacked
the experience and competence to lead
the reform agenda. Quite the contrary.
In any case he was only one in a panel
of nearly two dozen eminent Nigerians
from all walks of life.
The problem was that he had
become highly controversial for the way
his court upheld the return of President
Olusegun Obasanjo in 2003 in an election
that most observers, local and foreign,
said was a travesty of democracy. For
this reason few Nigerians believed he
could produce a credible blueprint for a
free and fair election in the country.
To his eternal credit, Uwais
disappointed the skeptics, including
this reporter; his committee produced a
report that received near universal
acclaim as capable of ushering in
genuine democracy.
Among its key
recommendations was that the judiciary
should have a hand in the appointment of
the chairperson and members of the
Independent National Electoral
Commission (INEC) as against the current
position where the president alone
appoints them subject, of course, to
Senate confirmation.
Another was that elections
should be held early enough – six months
in the case of the president and
governors – to allow for elections to be
disposed of before the putative winners
are sworn in.
Yet another recommendation
was that INEC itself should have its
jobs of party registration and
constituency delimitation hived off to
new institutions.
None of these key
recommendations were xactly
revolutionary. Some, like the hiving off
of some of INEC’s functions to new
institutions, were indeed superfluous.
Presumably most Nigerians, therefore,
did not expect Yar’adua to have any
difficulties accepting them.
Even that, it has turned
out, was expecting too much of a
president who was the principal
beneficiary of a gravely flawed
election. Not only did he reject
virtually all the key recommendations,
he chose to misrepresent the positions
of the Uwais panel on some of them,
apparently to justify his decision.
For example in what was
clearly a classis case of building a
straw man, the president was quoted as
saying the Uwais panel recommended that
the National Judicial Council should
appoint the chairperson of INEC. In fact
the report did no such thing. What it
did was to recommend that the NJC should
advertise the relevant positions in INEC,
short list three and pass them on to the
Council of State, of which the president
is the chair, to pick one.
This method is of course a
far cry from the current constitutional
arrangement, but it does not end the
president’s influence in the composition
of INEC. In any case, it was somewhat
disingenuous for the president and his
attorney-general, Mr. Michael Aoondoakaa
to say they rejected the recommendation
because it was in conflict with the
Constitution. Several of the six
electoral amendment bills the executive
has since sent to the National Assembly
are in conflict with the Constitution to
the extent that their validity would
require constitutional amendment. That
did not stop the executive from sending
the bills to the National Assembly.
This was proof enough that
the presidency was far from sincere in
his promise to end the stealing of votes
by our politicians.
At any rate, the problem
with our politics in less that of the
defects in our Constitution and in our
laws than that of the character of our
politicians generally.
The other day Alhaji Umaru
Shinkafi, Marafan Sokoto, for
quite a while a regular fixture in our
presidential elections, disagreed with
our leaders who blame our Constitution
and our laws for our woes.
“In the speeches of our
leaders,” he said in an interview in
Thisday(May 24), “the emphasis has
always been on the Constitution. There
is nothing wrong with the Constitution.
There is nothing wrong with the
electoral law. The problem is the
(politicians)…The problem is not the
law, it is the politician who cooks up
the number of votes he needs to rig
elections…”
Of course there are some
things that are wrong with our
Constitution and our laws for the simple
reason that nothing which is man made is
perfect. Even then Shinkafi is right to
blame our politicians more than our laws
for our political predicament. Even the
best laws are only as good as those who
interpret and enforce them. With all the
defects in our Constitution and in our
electoral law, if our politicians had
good faith, we would have had free and
fair elections all these years.
Ekiti presented the
president with a great opportunity to
demonstrate that, unlike your typical
Nigerian politician, he was, in a manner
of speaking, made of sterner stuff. He
lost the opportunity by descending into
the fray in a way that showed that, like
his great benefactor, he too believed
elections are a “do or die” affair.
Such a great pity. |