Nigerians Demand Constitutional Reform to Curb Presidential Control Over Elections and Judiciary

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Nigerians Demand Constitutional Reform to Curb Presidential Control Over Elections and Judiciary

President Bola Tinubu

Since the launch of the Save Democracy Mega Alliance 2027 (SDMA’27) last month, there has been growing support from Nigerians for a campaign aimed at amending the constitution to reduce the president’s influence over the Independent National Electoral Commission (INEC) and the judiciary. The coalition advocates for stripping the president of the power to appoint the heads of INEC and the judiciary, particularly the Chief Justice of Nigeria (CJN), as well as the Chief Judges at the state level.

 

The SDMA’27’s campaign also seeks to transfer these powers to an independent body, thus reducing the potential for political interference in the electoral and judicial systems. The coalition believes this move is essential to ensure the full independence of these critical institutions, arguing that the current system, where the president appoints and can remove leaders in both bodies, compromises their autonomy. The idea is to create an independent entity tasked with overseeing appointments, ensuring that electoral and judicial leaders are less susceptible to executive control.

 

At a recent briefing in Abuja, the spokesperson for the coalition, Tony Akeni Le Moin, announced plans to launch the campaign nationwide. The final phase of the campaign will culminate in a “boot camp” event in the capital. The goal is to gather support for these amendments across all states, with a focus on removing the president’s and governors’ power over INEC, State Independent Electoral Commissions (SIECs), and the judiciary. The coalition envisions a body composed of non-partisan, integrity-vetted Nigerians to handle these appointments, ensuring that the institutions are free from executive manipulation.

 

Support for the initiative has been widespread, with prominent leaders and pro-democracy groups backing the cause, including political economist Professor Pat Utomi. He has hailed the movement as a crucial step for Nigeria’s democracy, referencing the Justice Uwais Electoral Reform Report, which called for similar reforms to insulate electoral and judicial bodies from political pressure.

 

The SDMA’27 has outlined a three-pronged strategy to push for constitutional reforms: mobilizing national consensus, organizing a national conference to formally propose amendments, and lobbying the national and state assemblies to support the transfer of appointment powers from the president to an independent body. The coalition warns that without such reforms, the 2027 elections may witness a repeat of the controversies that marred the 2023 polls.

 

The coalition draws inspiration from Rev. Martin Luther King Jr.’s call for organized resistance, urging Nigerians to prepare for a “national emergency” to restore the integrity of their democracy.

 

However, not all voices agree with the proposed reforms. Dr. Pogu Bitrus, president of the Middle Belt Forum (MBF), argues that the issue is not just about who appoints but also about who has the power to dismiss. He suggests that the president should not have the ability to remove appointees if they don’t act according to his wishes. He also emphasizes that strengthening the institutions themselves, such as INEC, is key to preventing undue influence. Bitrus points to the example of China’s strict anti-corruption laws, where severe consequences, including death, deter officials from engaging in misconduct. For him, strengthening the law and ensuring accountability are the real solutions.

 

In contrast, Alhaji Yerima Shettima, president of the Arewa Youth Consultative Forum (AYCF), is skeptical about the feasibility of creating an independent body. He points to the centralization of power in the presidency and questions whether such reforms could be implemented under the current political system. He also expressed doubts about the current National Assembly’s ability to effect any meaningful change, given its perceived subservience to the president. Shettima believes the focus should be on decentralizing power and strengthening institutions like INEC rather than shifting appointment powers to an independent body.

 

Adebayo Fadipe, a chieftain of the Peoples Democratic Party (PDP) in Lagos, supports the SDMA’27’s initiative, arguing that removing presidential control over INEC appointments could restore the electoral body’s credibility. Fadipe contends that while INEC’s name suggests independence, in practice, it is heavily influenced by the president, who has the power to hire and fire its leaders. He believes that only by removing this power from the president and establishing an independent body for appointments can Nigeria move toward credible, transparent elections free from political interference.

 

As the debate over constitutional reform continues, the call for an independent electoral commission and judiciary remains a divisive yet crucial issue for Nigeria’s democracy. Whether or not these reforms will be enacted in time for the 2027 elections, it is clear that many Nigerians are determined to challenge the status quo in the hopes of building stronger, more accountable institutions.

 

 


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