2027 Polls: INEC Wants President Tinubu Off RECs’ Appointments

BY SEGUN ADEBAYO – Ahead of the 2027 general elections, the Independent National Electoral Commission (INEC) is proposing amendments to the current Electoral Framework that empowers the President to appoint the Resident Electoral Commissioners (RECs)

According to the Electoral umpire, the task at hand is to ensure that all the impediments hitherto encumbering credible, free and fair elections in Nigeria are resolved before 2027 sets in.

Information about this massive reform proposal was disclosed at the ongoing retreat with the Joint Committee of the National Assembly on Electoral Matters on the reform of the Electoral Legal Framework in Lagos.

In his presentation, Professor Mohammad Kuna, the Special Adviser to the INEC Chairman, Professor Mahmood Yakubu, said the Commission is racing against time to ensure the proposed change empowers it make such appointments with a different nomenclature to be called State Directors of Elections.

Additionally, the Commission is canvassing the introduction of electronically downloadable voters’ cards to replace the use of Permanent Voter Cards (PVCs).

To drive the electoral process, INEC specifically wants amendment to Section 14 (3) Paragraph F of the Third Schedule to the 1999 Constitution to confer on it the powers of appointing and disciplining Heads of State and Federal Capital Territory (FCT) Offices of INEC.

Similarly, the Commission also seeks an amendment to Section 6 (3) of the Electoral Act 2022 to confer on it the powers to appoint Heads of its State and FCT Offices.

Explaining that the heads of various States would be known as State Directors of Elections (SDEs), Kuma further said the proposal is essential to promote transparency, accountability, and efficiency in the electoral process.

Currently, the RECs are in charge of the INEC State offices with their appointments and removal from office at the mercies of Mr President.

The INEC Chairman’s Aide further said;; “The REC, who is assisted by relevant government agencies, undertakes the Presidential, National Assembly, Gubernatorial, and House of Assembly elections in a state and acts pursuant to powers delegated to him or her by INEC’s Chairman and 12 commissioners”.

Among the duties of the REC is to make available all the materials required to conduct an election and also monitors the activities of all ad hoc staff and provides for the proper verification of election results.

Currently, the appointment of RECs, who oversee the electoral process in each state, is within the President ’s purview according to Section 154 (1) of the 1999 constitution.

Section 6 (1) of the Electoral Act reads: “There is established in each State of the Federation, Federal Capital Territory and Local Government Area, an office of the Commission which shall perform such functions as may be assigned to it by the Commission.
“(2) A person appointed to the office of a Resident Electoral Commissioner shall (a) be answerable to the Commission ; and (b) hold office for a term of five years from the date of his or her appointment which may be renewable for another term of five years and no more.

“(3) The Resident Electoral Commissioner appointed under the Constitution may only be removed by the President, acting on an address supported by two-thirds majority of the Senate praying that the Resident Electoral Commissioner be so removed for inability to perform the functions of the office, whether arising from infirmity of mind or body or any other cause, or for misconduct.”

Also, INEC is seeking that the proposed amendment confers on it the power to discipline erring RECs like the former Adamawa State REC who went ahead to announce the governorship election results that was not within his powers.

Furthermore, INEC is proposing amendments of Sections 77 (2), 117 (1), 132 (5), and 178 (5) of the 1999 Constitution to provide for early, Special, Out-of-Country, Diaspora, and Inmates Voting.

For Prof Kuna, this amendment will allow the country to introduce Early/Special Voting to cater for eligible voters on essential services, election personnel, as well as, voters under incarceration, those in the diaspora, and out-of-country voting for eligible Nigerians outside the country during elections.

Other key amendment being pursued by the Electoral umpire affect Sections 153 (1), 154 (3), 156 (1, a), 157 (2), 158 (1), and 160 (1) and the Third Schedule, Paragraph 15 (b – d) of the 1999 Constitution that seek to create the Electoral Offences Commission and (b) Political Party Regulatory Agency.

Also on line for amendment are sections 48, 49, 71 and 91 of the 1999 Constitution that will introduce new provisions to specifically give Women and People With Disabilities (PwDs) Special Seats in the electoral process.