Review nomination of INEC national commissioners, CSO urges Senate

Peering Advocacy and Advancement Center in Africa (PAACA) has called on the Senate to uphold federal character in the latest nominations of National Commissioners to the Independent National Electoral Commission (INEC).

In a letter addressed to the Senate President, and provided to journalists, PAACA commended the long-overdue appointment of a commissioner from the South-East but expressed grave concerns over a perceived constitutional breach in the new list.

The organisation pointed out that one of the nominees, Tukur AbdulRasaq, hails from Katsina State in the North-West, a region already represented by two serving commissioners.

PAACA argued that approving this nomination would violate Section 14(1) of the Third Schedule of the 1999 Constitution, which limits INEC to twelve National Commissioners, ensuring equitable regional representation. The group warned that such an action risks eroding public trust in Nigeria’s democratic institutions and undermining federal character principles.

PAACA’s letter further cited a precedent from July 2023 when the Senate rejected Lauretta Onochie’s nomination due to a similar issue of regional overrepresentation.

“The Senate’s decision then was a testament to its commitment to upholding constitutional provisions,” PAACA noted.

The organisation urged the Senate Committee on INEC to adopt the same rigour in reviewing the current nominations, emphasizing the need for inclusivity and balance in national appointments.

PAACA harps that the nomination Senate presents a crucial test for the legislature’s fidelity to constitutional tenets and its role as a check on executive actions. “This is not just a legal imperative but a moral duty,” PAACA’s Executive Director, Ezenwa Nwagwu, stressed, calling on the lawmakers to safeguard Nigeria’s democratic framework.

The letter in part reads, “We particularly applaud the recent nomination by President Bola Ahmed Tinubu (GCFR) of three National Commissioners to the Independent National Electoral Commission (INEC), especially the long-awaited South-East slot that had been vacant for over 14 months. This move represents a commendable step toward achieving balanced representation in INEC.

“However, we wish to draw the Senate’s attention to a significant constitutional matter arising from these nominations. Section 14(1) of the Third Schedule to the Constitution of the Federal Republic of Nigeria, 1999 (as amended), stipulates that INEC shall consist of a Chairman and twelve National Electoral Commissioners.

“Currently, the northwest geopolitical zone is represented by two National Commissioners, Professor Abdullahi Abdu Zuru from Kebbi State and Professor Muhammed Sani Kallah from Katsina State. By nominating Tukur AbdulRasaq, also from the North-West and Katsina State in particular, President Tinubu risks creating a breach of the Constitution.

“Approving this nomination would result in three commissioners from the same region, exceeding the constitutionally mandated twelve commissioners and potentially undermining the principle of federal character.

“We are aware that the nominations have been referred to the Senate Committee on INEC for review. This presents an opportunity to address the constitutional and representational issues at stake.

“We recall a similar situation in July 2023, when the Senate rightly rejected the nomination of Lauretta Onochie as INEC Commissioner because she hailed from the same Delta State as May Agbamuche-Mbu, a serving National Commissioner. The Senate’s decision at that time was grounded in Section 14(3) of the Constitution, which mandates the composition of government agencies to reflect federal character and ensure inclusivity.

“In this light, we urge the Senate through its committee on INEC, to carefully review the current nominations and ensure compliance with the Constitution. Upholding constitutional provisions is not only a legal imperative but also a moral duty to maintain public trust in our democratic institutions.”

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