THISDAYonline

The news came so suddenly last month. A statement from the office of the secretary to the government of the federation, Chief Uffot Ekaette announced the removal of 34 of the 37 state resident electoral commissioners of the Independent Electoral Commission (INEC), the body charged with the responsibility of conducting elections and registration of political parties in the country.

About a week after the removal of the electoral commissioners, a list of their replacements was made public and the new people were sworn in on February 27.

The official information was that the move in which only the men in charge of INEC offices in Niger, Edo and Jigawa states were spared is aimed at restructuring and repositioning the commission to face the challenges of the round of polling. There are however order unofficial explanation. For example there was the insinuation that the removal of the old electoral commissioners was the presidency's reaction to a litany of complaints by state governors who alleged that the INEC officials were unduly antagonising them. It is reasoned that with the complaints, the presidency believe a ground for dispute and lack of confidence which may affect the capacity of the said officials to conduct a free poll in 2003 has already being created.

There are also those who believe the president acted based on complaints arising from the conduct of the bye-elections in Ekiti and Kebbi states to fill the vacant seats of Senators Adamu Augie and Olu Ajayi who died last year. In the two states where the governors belong to the Alliance for Democracy (AD) and the All People's Party (APP), the President's party, the PDP, had complained of some malpractices perpetrated by the governors to which the electoral commissioners closed their eyes.

However, two weeks after the new electoral commissioners were appointed and sworn-in, more allegations are trailing the appointments. In the opposition camps, the changes were said to have been motivated by the need to put in place an electoral machinery which would be sympathetic to the PDP and the Obasanjo government in the next round of elections. Those who subscribe to this position wonder why the INEC Chiefs appointed by the last military government which can pass as a neutral arbiter were suddenly sacked at the time when preparation for the 2003 polls is really taking off.

Those opposed to the purge in INEC argued that there was no case of misbehaviour built against the electoral commissioners who were just sacked enmase. In the absence of any specific case of abuse of office or incompetence, it is argued further, then there should be some partisan or political motivation for the sack. The political motivation is further explained by one time deputy governor of Kaduna State, Mr. James Bawa Magaji, an APP leader. Magaji alleged that the change of electoral commissioner was part of a grand plan to rig the 2003 elections. He further alleged that the neutral commissioners had been replaced by members of the PDP, the president's party who will then ensure that the election transactions go on according to the wish of the President and the PDP.

"Obasanjo sacked those electoral commissioners and replaced them with party loyalists which is an indication that the President wants to rig the 2003 polls," he said, Magaji added further: "Take for example, the man who was in Kaduna, Professor Abdulhamid Ujo was a lecturer at the University, Obasanjo removed him and put Governor Ahmed Makarfi (of Kaduna State)'s Special Adviser, Dr. Shehu Lawal."

The politician however added a clincher: "If you appoint a party man electoral commissioner, what do you expect?" He however threatened that the APP would make the nation ungovernable for the government that would emerge from the fraudulent electoral process. Magaji's belief has a supporter in his party's Sokoto chapter Chairman, Alhaji Muhammadu Ton who said "the president made these appointments in order for him to rig the elections". Aside the allegations of the fact that some of the electoral officials have partisan learnings, there is the belief that others who were appointed based on their records as having served in past electoral commissions should not have been appointed because of the general perceptions of the political process in which they functioned in the past.

For example, Mr. Ekpenyong Nsa, a native of Odukpani local government in Cross Rivers State who has now been posted to Ogun State State served in the same capacity during the days of the Prof. Humphrey Nwosu's National Electoral Commission (NEC). His father was an elected local government chairman. It is being argued that a man who was part of an electoral process which became moribund midway should not have been included in the fresh process where fairness and success is the objective. The same case applies to Mrs. Kemi Odebiyi who from Osun State now posted to Lagos. Odebiyi had served in the electoral commission under the Abacha regime. The appointment of many others in the team of electoral commissioners is being questioned by various individuals and interest groups. And it is believed the doubt cast on the INEC will affect the outcome of the elections the body will conduct and the legitimacy of the government that will emerge.

Beyond the issue of the motive for the sack and appointment of new electoral commissioners, there was also the question of legality of the action of the President. The president is empowered by section 14 subsection 2, part of the 3rd schedule of the 1999 constitution to appoint resident electoral commissioners in the state. The section states that "there shall be for each state of the federation and the Federal Capital Territory, Abuja, a Resident Electoral Commissioner who shall (a) be appointed by the president (b) be persons of unquestionable integrity and (c) not less than forty years of age.

Though the President complied with this provision, but it is being said that the President chose to violate a concurrent condition provided by section 157 subsections 1 and 2 of the same constitution, Section 157 sub section 1 says: "subject to the provisions of sub-section 3 of this section, a person holding any of the offices to which this section applies may only be removed from that office by the President acting on an address supported by two-thirds majority of the senate praying that he be so removed for inability to discharge the functions of the office (whether arising from infirmity of mind or body or any other cause) or for misconduct."

Section 157 (2) states that "this section applies to the offices of the chairman and members of the Code of Conduct Bureau, the Federal Civil Service Commission, the Independent National Electoral Commission, the National Judicial Council, the Federal Judicial Service Commission, the Federal Character Commission, the Nigeria Police Council, the National Population Commission, the Revenue Mobilisation, Allocation and Fiscal Commission and the Police Service Commission.

By the provision of section 157 (1) and (2), while the President has the sole right according to section 14(2) of the 3rd schedule, he needs to resort to the senate before sacking the electoral commissioners and the senate approval must come in the form of support of two-thirds of members. This senate approval the President did not get in the removal of the commissioners thereby violating provision of section 157 (i).

Senator Tokunbo Afikuyomi representing Lagos Central district has vowed to challenge the INEC changes in court if the President does not reverse himself or follow the procedure. "For the avoidance of doubt, the fact that the President has the constitutional power to appoint resident electoral commissioners as provided for in section 14(2) of part 1 of the third schedule of the 1999 constitution is incontestable," he said, adding: "but the fact should be made that there were resident commissioners whose appointment was terminated unconstitutionally. As noted, the reason adduced for the sack had to do with the petitions against the sacked commissioners by their governors."

Afikuyomi noted that the "senate never received any petition. It is my humble submission that neither the preparation for general elections nor the sacked INEC commissioners running battles with their governors was sufficient reason to terminate the commissioners appointment.

The senator submitted while subsection two of section 157 lists INEC as one of the offices to which subsection one applies, "it is therefore clear that an address supported by two-thirds majority of the senate praying that the INEC commissioners be so removed for inability to discharge the functions of the office or for misconduct was required by the President."

The controversy on the wholesome change of electoral commissioners has continued unabated even as the new commissioners settle down at their new stations. During their inauguration ceremony, INEC chairman, Dr. Abel Guobadia had warned that "what is required of the electoral officers is that they administer the electoral process fairly in accordance with all laid down rules and regulations and with complete impartiality and non-partisanship." The major question is: will the newly appointed electoral commissioners heed their boss' instruction or dance to other beats? The question can only be answered after the 2003 polls have been completed.