2023: INEC must be a strong impartial regulator -Agbakoba

A Nigerian legal icon, Dr. Olisa Agbakoba, SAN, has called on the Independent National Electoral Commission, (INEC) to restate the constitutional powers as the ultimate regulator of the electoral process.

According to Agbakoba  in a press statement he signed and released to the media on Thursday, “The reminder is necessary because INEC appears to have forgotten the powers assigned to it by the Constitution in relation to the political and electoral process.

“Section 158 (1) of the Constitution provides that INEC in the exercise of its powers, shall not be subject to the direction or control of any authority or person (including the President of the Federal Republic). This establishes INEC as an independent authority in the exercise of its electoral functions.

“Paragraph 15 of Part 1 of the Third Schedule to the 1999 Constitution empowers INEC to organize, undertake and supervise elections. This includes the power to make regulations and guidelines for elections.

“These powers conferred on INEC makes substantial parts of the Electoral Act largely irrelevant. Surprisingly, INEC has allowed the National Assembly to encroach on its powers, in particular the vexed question of Electronic Transmission of Results.

“For example, when the National Assembly voted to reject electronic transmission of election results, INEC in the course of the debate, was mostly silent and did not assert itself even when the Constitution confers on INEC the powers to “organize, undertake and supervise” elections. These broad powers obviously include the matter of Transmission of Votes.

“The arbitrary defections of politicians from one party to another calls for strong regulatory control by INEC. The lack of internal democracy in most political parties has failed to receive robust regulatory response by INEC.

“The Nigerian political system needs INEC to act as a strong regulator. I suggest that INEC is entitled to withdraw certificates of return issued to elected office holders who defect. The logic is simple. INEC issues a certificate to a winning candidate who jumps ship to another party. There has to be sanctions.  INEC ought not to be afraid of getting it wrong. INEC must be seen as a firm referee with clear rules and a determination to enforce those rules”, he said.