2019: RECs vacancies in 20 states worry analysts

With less than 400 working days to the 2019 general elections, Nigeria’s preparation for the exercise has come under serious scrutiny.
Political commentators are concerned that the power tussle between the executive arm of government and the legislature underscores the deep division within the ruling All Progressives Congress (APC), which would have spiralling effect on the polity and economy.
According to them, the consequences may set the stage for shoddy elections or yet another postponement of polls.
Recall that the Independent National Electoral Commission (INEC) had fixed February 16, 2019 for the Presidential and National Assembly elections and March 2, 2019 for Governorship and State Houses of Assembly polls.
However, there is a snag: INEC Resident Electoral Commissioners (RECs) who will implement the decisions of the commission at the state level are yet to be appointed in most states of the federation.
Although INEC chairman, Mahmoud Yakubu, swore in 14 out of 15 new INEC Resident Electoral Commissioners last week Friday after over a month of their confirmation by the Senate, checks by BDSUNDAY reveal that more than half of the states are yet to get RECs.
Specifically, there are currently 20 states (54 percent) of the federation without RECs, even as their functions are being performed by the most senior INEC staff in the commission at the state level, known as Administrative Secretaries.
At the moment, RECs for Taraba, Delta and Rivers States are expected to bow out of service by this month, thus increasing the vacancies to 23 states.
Analysts have expressed worry that the reluctance of the Federal Government in appointing RECs, coupled with last week’s resolution of the Senate to suspend screening and confirmation of executive nominees, may set the stage for the 2019 elections to fail.
RECs are appointees in charge of the commission and they undertake the Presidential, National Assembly, Gubernatorial and House of Assembly elections at the state level.
Section 6 (1-2) of the Electoral Act 2010 (as amended) states, “There shall be established in each State of the Federation and Federal Capital Territory, an office of the Commission which shall perform such functions as may be assigned to it, from time to time, by the Commission.
“A person appointed to the office of a Resident Electoral Commissioner shall be answerable to the Commission; and hold office for a period of five years.”
In March 2017, President Muhammadu Buhari forwarded the names of 27 nominees to the Senate for confirmation as RECs.
On June 1, the upper legislative chamber confirmed the appointment of 15 nominees, promising to confirm the 12 pending appointees upon resumption from break. However, in a new twist, the apex legislative body suspended further confirmation of all executive nominees upon resumption on July 4.
By implication, the suspension of confirmation will directly affect the pending 12 nominations already before the Senate.
The nominees still undergoing screening include Mike Igini (Delta), Jibrin Ibrahim Zarewa (Kano), Asmau Sani Maikudi (Katsina), Mahmuda Isah (Kebbi), Samuel Egwu (Kogi), Rufus Akeju (Lagos), Mustapha Zubairu (Niger), and Sam Olugbadebo Olumekun (Ondo).
Others are AbdulGaniyu Olayinka Taju (Oyo), Riskuwa Shehu (Sokoto), Kasim Gana Geidam (Yobe), and Ahmad Bello Mahmud (Zamfara).
On its part, the commission has expressed concern over the non-appointment of RECs in most states of the Federation.
Although the electoral body insisted that their non-appointment would not hinder the conduct of the polls, it however, admitted that RECs are needed to advise and implement some decisions of the commission at the state level. It explained that the commission is made up of 13 members: the Chairman and 12 National Commissioners.
“For now we have the chairman and the needed commissioners in place so the Constitution gives them the role to delegate responsibilities to the RECs but in states without RECs we use Administrative Secretaries,” Oluwole Osaze-Uzzi, INEC Director of Voter Education and Publicity, explained in a telephone chat with BDSUNDAY.
Osaze-Uzzi said the onus of appointing and confirming RECs lies with the executive and legislature, adding that the commission is helpless in this regard.
“You aware that some names were sent to the Senate for confirmation. We are not an appointing authority so what do we do about that? I think the question will be better directed at the appointing authority to say why they have not done so. When they are appointed and handed over to the Commission, then we will work with them. Without them, the work is still going on.
“The Commission consists of the Chairman and 12 National Commissioners. For now we have the chairman and the needed Commissioners in place so the Constitution gives them the role to delegate responsibilities to the RECs but in states without RECs we use Administrative Secretaries. But the work is going on.
“Of course it would have been better to have those people who are going to implement the decisions (of INEC) to be on board but there is nothing we can do if they are not on board. If the appointing authority has not appointed them and the confirming authority has not confirmed them; there is no much we can do.
“The Commission is a continuum and the Commission is almost fully constituted. RECs are not part of the Commission. But they can advise the Commission and also they implement some decisions of the Commission. In an ideal situation it would have been good to have a full complement with them giving their input into the plan (for the election).
“But be that as it may, plans have been made and can always be adjusted if better insight is provided by somebody coming on board but as an Administrative Secretary, planning has to go on with or without the RECs. So that is not to say it’s not affecting us but work is still ongoing. And we hope that all vacancies will be filled as soon as possible,” Osaze-Uzzi said.
However, a school-of-thought has faulted this arrangement, saying that since RECs have a guaranteed tenure of five years, early appointment would give them sufficient time to understand the rudiments of elections, knowing full well their crucial roles in implementing decisions of the Commission.
Findings showed that most of the current administrative secretaries holding forth in the 20 states will be due for retirement before the 2019 elections.
In April, the Commission released the 2017 to 2021 Strategic Plan, without the input of 33 RECs, prior to Friday’s swearing in of 14 appointees.
Speaking on the matter, executive director, Policy and Legal Advocacy Centre (PLAC), Clement Nwankwo, called for speedy appointment and confirmation of all nominees to join in the planning for the exercise.
“It’s a concern that RECs have not been confirmed. So, it’s important for us that we see the RECs confirmed and sworn in and we hope that the National Assembly will conclude work on the confirmations and the Executive will implement the swearing in of those that have been confirmed by the National Assembly. But also nominate additional persons into existing vacancies,” Nwankwo told BDSUNDAY.
On his part, Jude Ohanele, programme director, Development Dynamics, averred that RECs are needed for effective preparation for the elections.
“We are really worried because we don’t understand why they won’t swear in those that have been cleared by the Senate. And it’s important they do that immediately because the preparation for this election is running late. And you need Resident Electoral Commissioners to have an effective preparation. So, we call on whoever is involved to make sure that these cleared RECs are sworn in immediately and posted so that they can start their jobs,” Nwankwo said.
Samson Itodo, executive director, Youth Initiative for Advocacy, Growth and Advancement (YIAGA), said in a statement that the President is taking advantage of the lacuna in Section 14 (2) of the Third Schedule to the 1999 Constitution, which does not give a defined timeline for appointments to the Commission.
According to him, the reluctance to fully constitute INEC by appointing RECs is setting the stage for the 2019 elections to fail.
“The dangers this non-appointment poses to the electoral process are enormous. INEC cannot function optimally without the full complement of its members at the state level. While the Commission is planning for 2019, it is important for stakeholders to remember that the planning and design process would have received a boost with a fully constituted commission. This is so because RECS are central to election administration. This could negatively impact on the implementation of the election plan.
“Once a REC is appointed, he/she must understand the State they are assigned to; this involves a deep understanding of the electoral geography of each local government in the State; the demography of the State, as well as cultivation of relationships with the staff of the Commission. These tasks take time and effort. Based on international standards on elections, ability to plan, organizational and management structure, access and adequacy of resources are requisites for successful elections.
“INEC has not been availed of the human capacity it requires for the successful conduct of the 2019 elections due to the delay in constituting its management structure at the state level. The reluctance to fully constitute INEC by appointing RECs is setting the stage for the 2019 elections to fail,” Itodo said.