Local Council Elections Vis-a-vis Constitutional Amendment: INEC Versus SIECs, By Adekola Akintibubo

What informed my decision is the recent declaration by the Chairman of the Independent Electoral Commission (INEC), at a two-day Induction Retreat for INEC Resident Electoral Commissioners (RECs) on Monday, July 1, 2024 and reported the following day on page 16 of Nigerian Tribune newspaper.

In his words, Professor Mahmood Yakubu said that the Commission is bereft of constitutional power to conduct Local Council Elections except in the Federal Capital Territory (FCT).

He further reiterates that unless necessary constitutional amendment is made, the commission would continue to organize national and state elections. This clearly defined his Commission’s jurisdictions.

It is gratifying however, to deduce from his words that the INEC boss is wary of what could be termed high-handedness in the discharge of his duty; and that he would not embark on any act that is unconstitutional no matter the intensity of pressure or influence that any quarter may exert on him and his Commission.

Be that as it may, there have been palpable agitations by electorates, yearning for a constitutional backing that will allow INEC to take charge of Local Government Elections in the country.

Notably, the Country’s Attorney General and Minister of Justice, Chief Lateef Fagbemi (SAN) and other concerned citizens had recently called for quashing and scrapping the State Independent Electoral Commissions (SIECs) and that the functions of SIECs be transferred to the INEC.

Perhaps, this would forestall unhealthy interference(s) of State governments in the affairs of local council administration.

However, leaving SIECs with the conduct of Local Government Elections is being likened to climbing a precarious ladder and this has met severe attacks and condemnations from the masses.

By all standards, we cannot disavow the pros inherent in empowering INEC to conduct Council Elections.

First and foremost, Local Councils and Nigeria as a whole will heave a sigh of relieve from incessant political interference from the State Governments which has been identified as a cog in the wheel of rural development.

Secondly, it would increase public trust. This is because, INEC is perceived as a more and truly credible and independent electoral body that could increase the public trust as a driver of our electoral process.

Next, it would enhance consistency, uniformity and acceptable standard especially in election materials and procedures.

Moreover, there will be better resource management and funding. Our hard-earned resources will be efficiently managed and funds appropriately spent .

Lastly, involvement of INEC will strengthen our democratic institution and will further cement the nation’s democratic framework.

For the upteenth time that this advocacy has been on, nothing has been done. But now, all hands must be on deck to accomplish this feat.

The National Assembly has pivotal role to play. Passing law that would give Constitutional power(s) to the INEC to conduct elections at the local level. Nigerians have been keeping their fingers crossed for quite decades that sooner or later, the prayer would be answered.

Now that the ‘main man’ has spoken, I think it is time for us to jointly advocate and seek the required legal backings for INEC to enable it conduct council elections that ushers in more competent, capable and qualified representatives who have the interests of the grassroots people at heart.

Summarily, there cannot be uniformity in development across board if one out of three tiers of government is wittingly crippled.

This scenario underscores the urgent need for the National Assembly members, both green and red chambers, to put a synergy in place and deploy a pragmatic approach that prioritizes speedy promulgation of law that constitutionally empowers INEC to fully be in charge of local council elections henceforth.

In conclusion, the much yearnings and aspirations of the people at the grassroots about rural development, quality and sustainable governance could be achieved, if and only if, local council electoral process is handled by a more transparent, credible and truly independent electoral umpire, INEC!