Rt Hon Amaechi Nwoha is the Chairman, Imo State Electoral Commission (ISIEC). In this interview with CHIDIEBERE IWUOHA, the legal practitioner faults the call for the scrapping of State Independent Electoral Commissions (SIECs) by the national confab and suggested the way forward
Confab’s recommendation of SIECs
My reaction is that they (confab members) are not properly informed. At worst, they are confused about the situation of things and what they are supposed to address. In actual fact, in proper federalism, any election that has to do with Governorship, House of Assembly, Local Government chairmanship or even ward elections that have nothing to do with national governance, should be the business of State Independent Electoral Commissions. Then, the Independent National Electoral Commission (INEC) should conduct national elections as National assembly and presidential elections, just as the state governor may have the prerogative to appoint judges and electoral officers of the state.
What in your view was responsible for the confab’s thinking?
I believe it is because some of them cannot conduct free and fair elections because of state government’s influence. I agree it is true with many of them. But that problem is not peculiar to State Electoral Commissions, it affects many establishments in the country. The solution is not scrapping. INEC chairman and electoral officers are also appointed by the president, just as the Chief Justice of the Federation and other judges are appointed by him. For that reason, will other parties say they will not participate in the elections? The governor has the constitutional duties to appoint electoral officers, and that is true federalism.
One would have expected the delegates of the National Conference to join the patriotic call to grant financial autonomy to State Electoral Commissions. People have argued that they have to exist and be given financial autonomy just as INEC and judiciary. Another thing is the issue of security of tenure of electoral officers. These will help State Electoral Officers to conduct credible elections. Presently, Election Management Bodies(EMBs) are removed and sacked before the end of their terms. This does not guarantee independence. INEC and state bodies were all created by the constitution and their removal and tenure of officers are all stated and they perform important functions. Their businesses are serious but unfortunately, most of these constitutional provisions are not followed. These are things I had expected the confab to look into instead of calling for scrapping of state electoral bodies.
Do you think INEC will cope with both national and local government elections if state bodies are eventually scrapped?
It is not practically possible for INEC to do the job of conducting all these elections alone because they are already overburdened with elections in states talk less of 774 local governments and over 3,000 wards in the country. They have not been able to conduct elections in many constituencies like Oguta State constituency in Imo State. Today, we feel INEC is doing well because they have been granted financial autonomy and security of tenure. If they do the same to us we will also perform.
Do you think the recommendation will be endorsed by the National Assembly or any other body?
The matter will not fly like that. When they subject it to public opinion or the National Assembly it will fail, because it is a creation of the constitution. It will require National Assembly endorsement and 2/3 majority of the State Assemblies to support constitutional amendment. So, I am sure it will not go through.
On Imo local government elections
We have created new wards as was started by the last Imo State Independent Electoral Commission (ISIEC) and we have submitted it to the Executive. Elections can even be conducted in the existing wards. As soon as the Executive and the Legislature give us a go-ahead order, we will conduct the elections.
