1-Introduction
This easy-to-understand explanatory note is necessitated by the needless debate on the membership of the Commission or otherwise of RECs of the 36 States and FCT that is being unnecessarily magnified by outsiders, which may result in causing avoidable tension within the Commission at a critical time of transition (new NCs and RECs) and eve of the 2023 General Election.
This instinct driven effort is also to ensure the continuation of the exceptionally good working relationship one enjoyed among all staff, Commissioners and the two Chairmen of the Commission from 2010 to the time of my exit in August,2022-Professors Attahiru M Jega and Mahmood Yakubu. The period from 2010 to date can be described as golden reform years of INEC, years of innovation and milestones that has certainly fast-tracked the realisation of the Vision of the Commission to be “one of the leading Election Management Bodies “in the world. This feat could not have been achieved without cohesion, spirit de corps and highest level of humility demonstrated by the high echelon of the Commission which facilitated free ventilation of ideas by all during meetings, engagements, and retreats.
Yours intends to use the 1999 Constitution as amended, the Electoral Act 2022, the Regulations & Guidelines for the Conduct of Elections, Communication Policy, Circulars, etc as primary sources for this effort. Serving and retired civil servants may also note that I resigned as a director on grade level 16 in 1994 to contest and successfully got elected on NON-PARTY basis as a delegate of the National Constitutional Conference, hence one is experienced enough to fairly understand the nitty-gritty of bureaucracy and administration in both civil and public service.
2-Commission is a creation of the of the Constitution (section 153) along with 13 other Federal Executive Bodies and is charged with the responsibility to “organise, undertake and supervise all elections listed in paragraph 15 of the third Schedule. The Commission is the highest ruling body to whom all Committees, commissioners and staff are answerable to, and its decisions binding on all. Its conclusions are normally communicated to all via decision extracts and circulars for compliance or noting.
The Constitution goes to define the composition of the Commission by listing the members in numbers (12) and naming them as “National Electoral Commissioners”. The Commission is chaired by the Chairman who is the Chief Executive Officer. Thus, the Commission is comprised of thirteen members including the Chairman. This definition of the membership of the commission whether by golden, ordinary, or literal rules of interpretation is crystally clear and unequivocal that the gate of membership is closed to all others.
It is vital to clarify however, that being a corporate legal entity, its decisions must be taken by members collectively at a meeting or through circularisation with the Chairman superintending, provided the requirement for quorum is met-section 159(1&2).The Chairman may delegate any member to act on his behalf when the exigencies of office demand and that should always be done in writing and communicated to all members present.
Worth explaining here also is the fact that though NCs are members, they are individually answerable to the Commission for tasks assigned to them and may be required to explain certain actions or inactions should the need arise.Remember,the Commission is the supreme body of INEC and check and balance in the system is critical for the successful achievement of its constitutional mandate.
3-The Chairman of the Commission is number one in the order of protocol in the Commission, the Chief Executive Officer to whom all Commissioners report to, Chairs Commission Meetings and the Chief Electoral Commissioner (CEC) of the Federation. He symbolises the face of the Commission and is the brand worthy of emulation by all staff-the office has highest expectation in character and conduct on its occupier as a leader of 49 Federal Commissioners and about seventeen thousand staff.
Being the CEO of the Commission, all NCs report to him, he assigns them to supervise States, assigns them to chair standing Committees of the Commission and asks them to represent him wherever as and when the need arises. He also approves their leave and all entitlements. He also enjoys the power to give anticipatory approvals (subject to limits) pending confirmation of his action by the Commission.
The Chairman also swears in RECs and post them to the 36 States and FCT.The RECs also report directly to the Chairman of the Commission. Based on the Communication policy, all correspondence from States on electoral matters are addressed to the Chairman while mails on routine administrative issues are addressed to the Secretary of the Commission. Such correspondence is normally endorsed to the supervising NC for noting or follow up.
As CEC, the Chairman is the Returning Officer (RO) for the Presidential Election and in charge of engagement of all ROs and Collation Officers for all elections to be undertaken by the Commission
4-National Electoral Commissioners (NCs) are all members of the Commission and number two in the order of protocol. They are twelve and are appointed based on 2 per zone from the six geo-political zones in the Country. As Commission members, they are the policy makers under the leadership of the Chairman. NCs chair various Standing Committees of the Commission and submit their reports at the Commission Meeting for consideration and approval being delegated responsibility.
NCs also carryout oversight function of supervising State Offices as assigned to them by the Chairman as delegated responsibility. Reports of their findings are channelled to the Commission through the Office of the Chairman.
The NCs as members of the Commission, supervisors of State Offices where RECs superintend are second in the order of protocol and are superiors to the latter. It does not matter that the qualification for appointment, method of appointment and removal is the same. NCs and RECs are all constitutional appointees and as such the provisions of the Constitution quoted above must be adhered to. There is, however, responsibility on the shoulders of the NCs to demonstrate non-partisanship, upright, deeply knowledgeable, and conversant with the legal framework, policies, and circulars to lead positively and productively. Ditto applies to RECs as they are expected to freely discuss and arrive at amicable agreements on the way forward in the interest of the Commission. As a matter of principle, I always insisted on being convinced with superior authorities before complying with individual instructions, and in some instances, I sought for confirmation/clearance of the Chairman. Concisely, leadership in INEC of today is knowledge and integrity driven and as such humble learning leaders not only thrive but also flourish.
