Concerns being raised by Nigerians over the fate of the 2015 elections in the event that Attahiru Jega, chairman of the Independent National Electoral Commission (INEC), is relieved of his duty before the elections have again highlighted the need to build stronger institutions in the country and de-emphasise personalities, analysts have said.
A cross section of analysts who spoke to BusinessDay say these concerns are arising because INEC is not yet a strong institution with seamless structures and processes such as the UK Electoral Commission. They add that if the electoral body had been fully built into a strong institution, it would be immaterial whether Jega goes or stays, and it wouldn’t matter who conducts the elections, as the individual would have no bearing on the outcome.
Itse Sagay, a professor and Senior Advocate of Nigeria (SAN), said Jega should not be the issue, adding that building strong institutions and respecting them was vital to the survival of our democracy.
“We must respect institutions in Nigeria and let them grow and let them be independent. The rule of law and our democracy can only survive if we build such strong institutions and respect them,” Sagay said.
Akonte Ekine, chief executive officer, Absolute PR, a public relations firm, who emphasised the importance of strengthening institutions and not individual personalities, said, “As a nation, we often see more of an individual occupying a position than the institution. It is wrong and it is affecting our development process. Jega is not the issue. Nigerians should be talking of the institution and not Jega as a person.”
Another analyst said the concerns are being raised because everything that has happened in INEC in the last few years has centred around the person of Jega, not the electoral body as an institution.
“I believe that the INEC of today is still the same old INEC. Nothing has changed fundamentally in that commission in terms of institution building,” said the analyst, who does want his name in print.
“Had INEC been transformed into a strong institution, all these fears being raised wouldn’t be necessary. That is because no matter who conducts the elections, they would still be as valid, because then, it wouldn’t matter much who is in charge. The person who takes over would just inherit a process he cannot go against,” he added.
Recall that there have been recent insinuations that Jega may be forced to go on terminal leave before the expiration of his tenure in June, a move which many Nigerians say has the capacity to erode the credibility of the elections.
Reacting to such insinuations earlier, Femi Falana, Lagos lawyer and activist, citing Section 157(1) and (2) of the 1999 Constitution (as amended), contended that the INEC chairman could not be asked to proceed on a terminal leave, as such was not provided for in the constitution.
“INEC is an independent body. It does not take directive from the president. The National Security Adviser cannot remove the INEC chairman,” Falana said.
Also speaking on the issue, Sagay said the removal of Jega was an unnecessary attempt to wake up sleeping trouble.
“Jega is not a civil servant. Therefore, he cannot be removed by being asked to go on leave, because all civil servants are obliged to operate under that system – a system in which they are either going to end service if they are 30 years in service, or they are 60 years old.
“ Jega is a political appointee for just five years. That is clear. Five years; no less, no more. Before that time, nobody can remove him, unless for gross misconduct. That misconduct must be reported to the Senate which will then start a proposal to remove him by two-third majority,” he said.
Sagay, who said that in any case the government has accepted that it cannot remove Jega, added however, that even if it were possible, “removing Jega at this time is like lighting a candle near wood that is sprung with petrol. So nobody wants to set the country on fire.”
Olisa Agbakoba, a Senior Advocate of Nigeria and former president of the Nigerian Bar Association (NBA), said removing Jega now, would be sowing the seeds for a major crisis.
“The best thing is to allow Jega stay and his tenure is ending, anyway; so, that is why these rumours are coming. But they should allow Jega to conduct these elections within the framework of the constitution,” he said.
ZEBULON AGOMUO, DANIEL OBI & CHUKS OLUIGBO
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