ONE would have assumed that if one recommendation of
the Electoral Reform Committee was going to be accepted
without much deliberation, it would be the one suggesting
a period of six months for the resolution of electoral
disputes before elected men and women are sworn into
office. That the Federal Executive Council did not consider
this recommendation to be sufficiently important speaks
volumes about the collective sense of judgement of its
members. For more than 17 months, the legitimacy of incumbent
President Umaru Musa Yar'Adua was disputed in the courts
of law; one would have thought that, on the basis of
personal experience, he would be the one arguing vigorously
in support of this recommendation.
Honestly, were this writer to be a member of the Electoral
Reform Committee he would have argued for a shorter period
of three months. He would have anchored his argument
on the need to reduce the number of elections we are
confronted with by staggering them into different years.
Resolving election disputes should be a matter of priority
in an election year and there should be no need for it
to drag on for too long.
Look for instance at how swiftly the disputed election
in the State of Florida was resolved when Al Gore contested
the American presidency with George W. Bush in the year
2000 and look also at the fact that even when Barack
Obama was elected President on November 4, 2008 he did
not assume that position until January 20, 2009.
The American constitutionalists, intelligent human beings
that they were, made provision for a reasonable space
of time between the conclusion of presidential election
and inauguration of a new president into office.
Hopefully, when the National Assembly deliberate on
the White Paper report, they will permit their judgement
to be informed by experience, common sense and what is
good for the Nigerian nation. They ought to know that
someone who did not win an election should not, under
any circumstances, be allowed to assume the position
of President of the Federal Republic of Nigeria or governor
of any state in the federation - even for just one day.
The oath of office is sacred; it should not be administered
when we are in doubt. Remember that Barack Obama swore
to the oath of office twice, albeit because of a minor
mistake in the first instance and that should inform
us that some societies take it seriously.
Also to be guided by experience and commonsense is our
choice of who is chairperson of the Independent National
Electoral Commission. The adjective 'independent' would
have been corrupted if the President who happened to
be a member of a political party is the one appointing
that chairperson. The Electoral Reform Committee recommended
that the power of appointing the chairperson of the Commission
be vested in the National Judicial Council but the Federal
Executive Council rejected their recommendation on the
ground that the principle of Separation of Powers would
be compromised if such a power were conferred on the
body.
However,
Dr. Reuben Abati in a well-researched and well-argued
article, "Electoral Reform and the Federal Executive
Council", (The Guardian, March 13, 2009) highlighted
diverse practices in a few African nations which, in
itself, is to suggest that we may not have exhausted
all available options on this rather controversial
and highly sensitive issue. The argument for ensuring
that
the National Electoral Commission is truly independent
is as compelling as that of not dragging the judicial
arm of government into the messy waters of politics.
Not so controversial is the idea of independent candidacy
which has been understandably hailed by Nigerians. In
a society where everyone wants to be President or Governor,
how will such a provision not go down so well? Of course
this writer endorses the idea of independent candidacy
but is not too sure if it will enhance the quality of
our democratic practices. It is a matter of wait and
see.
In the run-up to the 2007 elections, about 50 political
parties were registered and about 25 candidates contested
the presidency. The number of contestants could easily
have flooded the electoral space if independent candidacy
were then part of our democratic culture. A lot of work
will have to be done on this provision if it becomes
law, to ensure that it is not open to abuse. The independent
candidate, in the American presidential election parlance,
is referred to as 'third party'. He or she knows that
the presidency is not there to be won by an independent
candidate, but is in the race because an issue he or
she identifies with may have been ignored by the main
political parties. If such an issue has implications
for electoral outcome, a major political party may expediently
absorb it. In short, Americans do not frivolously exploit
the independent candidacy opportunity, not least because
of enormous financial implications.
There was this moaning about proportional representation
not being injected into the electoral system. Honestly,
if this idea was presented to the Federal Executive Council
and they rejected it, it is a job well done. Those who
propose ideas should learn to do so in the context of
our political arrangement and this is not to say that
they are not entitled to advocate a change. Our representative
democracy is personality-based, not party-based.
The senator, for instance, represents a senatorial district.
You do not just assign senatorial seats to a political
party simply because it has won a certain percentage
of votes. The Americans do not have proportional representation
because it is inappropriate to their political arrangement
and the British do not want it because it would merely
proliferate the political space with mushroom political
parties - some kind of invitation to political instability.
Reform is desirable, especially in a society where such
a reform can lead to positive changes. Reform is not
just about institutional framework or provisions but
significantly about the human factor. The thieves we
rightly identified in our war against corruption and
made so much noise about, are today dictating political
and economic terms in their various states. In fact,
they are fighting back and Mr. Nuhu Ribadu can testify
to this. So much for a culture of lousy reforms.
* Dr Akinola lives in Oxford, England