The Independent National Electoral Commission has asked the Federal Government for greater autonomy as well as allowing Nigerians in the Diaspora to vote in future elections in the country.
Chairman of the commission, Prof. Attahiru Jega, canvassed the body's demands in a proposal he sent to the National Assembly, seeking amendments to the constitution of the Federal Republic of Nigeria.
The proposal, with reference number INEC/LEG/CNA/11, dated November 13 and sent to the Deputy Senate President/Chairman of the Senate Ad hoc Committee on Constitutional Review, Senator Ike Ekweremadu, was obtained by The PUNCH on Monday in Abuja.
Jega said INEC should be made to be "operationally independent" like other federal agencies such as the National Population Commission.
The commission's independence, he said, should be "in all its operations and in its management and control of the electoral process, as was the case in Decree (now Act) 17 of 1998 which first established the commission before the 1999 constitution."
He said, "The Commission is like other named federal bodies established by Section 153, not subject to the direction or control of any person or authority in exercising its power to appoint or discipline its staff."
"The National Population Commission is, however, given additional independence in its operations in Section 158(2). This should be the same with INEC. The independence of INEC should be constitutionally guaranteed in all its operations and in its management and control of the electoral process, as was the case in Decree (now Act) 17 of 1998 which first established the Commission before the 1999 Constitution.
"Moreover, the Independent National Electoral Commission should be allowed to determine the procedure for conduct of election in such a way that no political party would have undue advantage over the others."
INEC wants Sections 76(2) and 116(2) of the Constitution to be further amended to allow for only two periods in a year within which the Independent National Electoral Commission can conduct elections to fill vacancies so as to engender certainty in the electoral timetable. Thus, Sections 76(2) and 116(2) should be amended.
The INEC boss criticised the present situation whereby only Nigerian citizens resident in the country at the time of registration of voters could vote at any election as provided in sections 77(2) and 117(2) of the INEC Act.
The commission's boss wrote, "Presently, only Nigerian citizens residing in Nigeria at the time of registration of voters can vote at any election. Interested Nigerian citizens who are of age but resident abroad should be allowed to participate in the governance of their country by being allowed to register and vote at elections.
"Thus the two subsections should be amended to read thus:
(a) Section 77 (2)
"Every citizen of Nigeria, who has attained the age of eighteen years at the time of the registration of voters for purposes of election to a legislative house, shall be entitled to be registered as a voter for that election."
(b) Section 117 (2)
"Every citizen of Nigeria, who has attained the age of eighteen years at the time of the registration of voters for purposes of election to a legislative house, shall be entitled to be registered as a voter for that election."
Jega also advocated for the establishment of electoral offences tribunal "to guarantee timely prosecution of electoral offenders," as well as the disqualification of anybody convicted for electoral fraud from participating in electoral process for 10 years.
He said, "A body known as Electoral Offences Commission with powers to investigate and prosecute breaches of relevant electoral provisions be established, thus unbundling INEC from prosecution.
"Any person convicted of an electoral offence (including registration offences, campaign finances breaches and breach of political party finance provisions) should be disqualified for a period of 10 years from the date of conviction from contesting any election or holding any party position."
The commission therefore suggested that the clause, "within a period of 10 years before the date of the election, he has been convicted of an electoral offence by a court or tribunal" be enacted and inserted immediately after each of paragraph (d) of Sections 66, 107, 137, and 182 of the 1999 constitution.
According to INEC, the 2010 Electoral Act (as amended) has empowered it to deregister political parties which fail to win at least a seat in a state assembly.
The commission said that although the clamour for the registration of more political parties had continued to gain momentum, "it is practically impossible for all registered political parties in Nigeria to be on the ballot."
"It is for the above reason that INEC should be empowered in consultation with political parties to determine the criteria by which political parties get on the ballot. This is consistent with best practices in many parts of the world," Jega said.
