The Independent National Electoral Commission (INEC) was created in year 1998 and is the electoral body which organises and cordinate elections in Nigeria.
INEC is a product of metamorphosed Electoral Commission of Nigeria (ECN) which was inaugurated in 1958 to conduct the 1959 federal elections.
General Abdulsalam Abubakar’s Administration dissolved the National Electoral Commission of Nigeria (NECON) who conducted the controversial election that General Abacha annulled and established the Independent National Electoral Commission (INEC).
INEC is therefore established to save the Democracy in Nigeria.
Who Appoints INEC’s Head?
According to the Independent National Electoral Commission Decree No 17 of 1998:
” . (1) The Commission shall consist of a Chairman who shall be the Chief National Electoral Commissioner and the Chief Executive of the Commission and the twelve other members to be known as National Electoral Commissioners.
(2) The Chairman and the members of the Commission shall not be less than 50 and 40 years of age respectively.
(3) The Chairman and members of the Commission shall be-
(a) persons of unquestionable integrity; and
(b) appointed by the Head of State, Commander-in Chief of the Armed Forces.”
The President therefore appoints the INEC Chairman whose appointnent can be ratified by the National Assembly.
Imagine a democracy where the President desire to manipulate the elections to either remain in power or rig in his favour, then there is possibility of appointing INEC Chair who will protect such interest and be partisan.
According to the section 3:
” (2) A member may at any time be removed from office be the Head of State, Commander-in Chief of the Armed Forces for inability to discharge the functions of his office (whether arising from infirmity of mind or body or any other cause) or for any act of misconduct but shall not be removed from office except in accordance with the provisions of this subsection”
The President can anytime remove the INEC Chairman whose the President feels does not meet up with expectations.
The Federal Government funds INEC and all their activities including salaries for the members of staff.
Section 3 of the Decree:
“(4) There shall be paid to every member of the Commission such salaries and allowances as the Federal Government may, from time to time, direct.“
We have seen cases where the President appoints Ruling Party member as a Resident Electoral Commissioner for example a Daily Post in August 2022 reported “President Muhammadu Buhari has come under fierce criticism and accused of compromising the integrity of the Independent National Electoral Commission, INEC, for appointing card-carrying members of the All Progressives Congress, APC, as Resident Electoral Commissioners.”
With the present set up of INEC, it is difficult to have election that is free and fair to all due to the interference by the Federal Government.
Although, the Electoral Processes have undergone several positive reforms in Nigeria, but there have been accusations that Politicians expecially the ruling Party still manipulate elections, example is the 2023 Presidential Election in Nigeria.
The Independent National Electoral Commission therefore requires true independence to organise a free and fair election.
It is only natural to say: “He who pays the piper calls the tune’, that is the person who provides the money for something decides what will be done, or has a right to decide what will be done.”
