By Lillian Okenwa
“The Nigerian federal government in 2007, under President Umaru Musa Yar’adua led government constituted an electoral reform committee spearheaded by the former Chief justice of Nigeria, Muhammadu Uwais”, began CLEEN Foundation, a civil society organisation in its 24 May, 2019 piece: Revisiting Justice Uwais’s Electoral Reform Report .”
Continuing, the group in its treatise said: “Members of the Uwais committee composed of a highly intellectual and erudite class including the best brains from the academic, Civil Society Organizations, professional groups & the public service. As attested, it was as a result of the thoroughness and comprehensiveness of the outcome (the report) that Yar’adua’s administration accepted over 90% of its recommendations and took immediate steps to implement some of them. The Uwais committee in its report actually covered the field, recommending precise measures that would improve the electoral process and environment; strengthen the legal frameworks and enhance the independence of the electoral body.
“The Committee has also made recommendations to improve the performance of various institutions and stakeholders in the electoral process. These include the Legislature, Judiciary, Executive, Political Parties, Security Agencies, Civil Society Organisations, Media and Nigerian citizens. The Committee has found that election mindsets are one of the critical elements that determine the success of electoral practices, and the election mindsets of Nigerians are not only largely negative; they are also largely irrational. Appropriate recommendations have therefore been made to change the election mindsets of Nigerians in order to minimize the spate of violence and rigging in elections and build lasting democratic institutions and culture.”
Again, Vanguard Newspaper in its Editorial of 31 March 2023 titled: Need to revisit Uwais Report brought the issue to the fore. Excerpts.
“… After about one year of painstaking collation of the views of well-meaning Nigerians, the Uwais Report recommended ways of ensuring that the independence of the Independent National Electoral Commission, INEC, went beyond mere flat or fraudulent rhetoric.
“One of the avant-garde ideas the Uwais Panel introduced was the suggestion that the managers of the electoral umpire, INEC, should not be appointed by the President. A player should not appoint the referee in a game. It would surely tamper with the “independence” of the INEC.
“The Panel called for the National Judicial Council, NJC, which is made up of Supreme Court Justices, to shortlist names of people of proven integrity from the open society to the National Assembly for selection and approval. The president’s only role would be to swear in whoever is appointed. Also, the Commission was to enjoy financial autonomy.
“Unfortunately, Yar’Adua’s Federal Executive Council, FEC, on March 9, 2009, rejected this recommendation, insisting that the president must appoint the Chief Electoral Officer and other board members. They thus torpedoed noble efforts to stop a sitting president and ruling party from paying the piper and dictating the tune for the INEC.
“That left the ball in the president’s court. President Goodluck Jonathan opted to appoint a popular choice – Professor Attahiru Jega in June 2010. But when Muhammadu Buhari took over, he threw caution to the winds. He first appointed a member of his family, Hajiya Amina Zakari, as Acting INEC Chairman before transferring the role to Professor Mahmood Yakubu. APC chieftain, Chief Rotimi Amaechi, recently disclosed that Yakubu was recommended to Buhari by one of the party’s leaders. After a brief sunshine with Jega in charge, we are “back to Egypt”, where a ruling party and its president are empowered to perpetuate themselves in power by appointing compromised INEC chiefs.
“The just-concluded election failed woefully despite the massive deployment of technology and adequate funding. The same technologies that worked like magic in off-cycle elections flopped when they were needed most, largely because of human factors: corruption, greed and lack of patriotism.
“Our electoral history has shown that the character of the person who leads the electoral commission matters a lot. Professor Humphrey Nwosu and Prof. Jega demonstrated this satisfactorily. We must hand over the appointment of the Electoral Umpire Chairman and Board to the Judiciary for the National Assembly’s approval, as recommended by the Uwais Commission.
“We must restore the people’s confidence in our elections.”
As Nigeria continues to struggle with conducting credible elections, one cannot help but imagine that on the day Justice Uwais’ maker calls him home, tributes upon tributes will pour in. Politicians will outdo themselves, crooning his praises to the high heavens. Everybody will speak about his immense contribution to nation-building. It will be a carnival. But why not celebrate him in his lifetime? What greater honour could Nigeria give this great man than implement the recommendations of his commission which has been adjudged as one that will set Nigeria on the path to recovery, albeit electorally?
Born on 12 June 1936, a day now known as Democracy Day in Nigeria, Justice M.L. Uwais’ desire for electoral reform may be synonymous with his famous Commission but there is more. In the appeal INEC .v. Balarabe Musa, the Supreme Court under his watch as Chief Justice opened the political space, allowing for the registration of more political parties in Nigeria. Section 80 (1)(c) of Electoral Act 2001 mandated new political associations seeking registration to secure at least 15 percent of local council seats in two-thirds of the 36 states of the federation and the FCT before they could be registered as political parties. But the apex court held it was unconstitutional and promptly repealed the 2001 Act.
This is wishing His Lordship a very happy 87th birthday and good health.
Watch a video documentary of His Lordship @ 85.
