One senator from the Southsouth, who pleaded not to be named, said: “It is good that the Constitution has now got the Senate involved in the appointment. I can assure you that there can be no ‘bow and go’ this time. We shall ask all the necessary questions.”

The senator said he was saddened by the renomination of Dr. Gabriel Ada, which “I do not understand”.

“Dr Ada is one of the 13 RECs who have ended their tenure. Why was he singled out for reappointment? What are the criteria? How much of these nominees do Nigerians know?

“This is a time that calls for transparency. We need to deepen our democracy. President Jonathan pledged to take things up. But Ada supervised the election in Benue State in 2007 and we are all conversant with the controversy that attended it.”

The January 6 rerun governorship poll and the April elections in Delta State are still being challenged in court, with many accusing the Independent National Electoral Commission (INEC) of taking sides. The man who handled the disputed elections is Ada.

Ada was a member of the Peoples Democratic Party (PDP) in Cross River State and was elected Speaker of the House of Assembly in 2000. He was removed as presiding officer in cloudy circumstances as members alleged that Governor Donald Duke paid the presiding officer and his deputy monthly security votes that were not disclosed to the House. Ada contested the charge, but stayed removed.

Austin Okojie is one of the 13 RECs. Although he is from Edo State, he served in Imo State as REC in 2007. The elections were hotly disputed, especially the circumstances that surrounded the cancellation of the first governorship poll. It is widely believed that the cancellation of that election paved the way for the emergence of Chief Ikedi Ohakim as governor on the platform of Progressive Peoples’ Alliance (PPA). Okogie was then seconded to Imo State to conduct the supplementary governorship election in May, but protests forced INEC to change the plan. There are suggestions that Okogie’s name may feature in the next list of REC nominees.

There are also fears that the Presidency is tinkering with a proposal that may return some of the other 13 RECs, despite the general outcry over the conduct of the 2007 general elections that they conducted with Prof. Maurice Iwu as INEC chairman.

The REC, by law, is the chief electoral officer of the state. He appoints returning officers for elections held in the state and supervises INEC activities. He is responsible to the National Commission but can only be appointed or removed by the President.

Senior lawyers and human rights activists are clamouring for a revisit of the recommendations of the Uwais Electoral Reform Committee. The 22-member body set up by the late President Umaru Yar’Adua, headed by former Chief Justice Muhammadu Uwais, suggested that the task of appointing key electoral officers including the INEC chairman, national commissioners and RECs, should be transferred to a neutral body,  such as the National Judicial Council (NJC).

The Council, too, is mandated to throw the process open to all Nigerians by publishing the requisite qualifications and calling for applications. Three names are consequently shortlisted and submitted to the Council of State that comprises the President as chairman, the Vice President, Senate President, Speaker of the House of Representatives, Attorney General of the Federation, former Presidents, Heads of State and Heads of Government and governors.

Uwais Panel recommended that the Council of State shall forward one of the three names to the Senate for confirmation. The government rejected the suggestions on the grounds that INEC is an executive body and the NJC serves in the judicial branch of the government.

Following the pledge by the 7th National Assembly to further amend the Constitution, there are now suggestions that the electoral system should be strengthened.

Prince Tony Momoh, the National Chairman of the Congress for Progressive Change (CPC), said the party was closely watching the process. He urged the Senate to screen the nominees properly in the interest of the country. “We cannot just continue to do things wrong in this country. The electoral process must be strengthened. We at the opposition, especially the CPC are watching and will not hesitate to tell the PDP government where things are going wrong and seek redress”, Momoh said.

Eminent lawyers spoke on the development.

Chief Niyi Akintola (SAN), said only the adoption of the Uwais Panel’s recommendation on mode of RECs appointment would suffice.

His words: “I’ve said it before that by Uwais Panel recommendations I stand, and that has been the stand of the NBA of which I am a member. One would have thought that with the electoral reform being spoken about by the President, he would have done wide-range consultation. As we can see now, he has appointed members of his party and Nigerians are keeping quiet.

“One would have expected him to consolidate on the gains made with electoral reforms and appointment of Jega and do away with anybody with affiliations to political parties. It all shows that the PDP wants to go back to the old inglorious days. One would have thought that he would do wide-range consultations at least at the level of National Council of State (NCS).

“It’s like taking one step forward and several steps backward. I want the modalities to be changed. I want us to adopt what Uwais recommended, and if the President is not comfortable with that, at least he could go to the NCS where all the governors and even the opposition will make input.

“There are several Nigerians of impeccable character who have nothing to do with any political party. He should take a cue from Jega. When he was appointing Returning Officers, he went to the universities and brought out people of impeccable character who would not compromise their reputation and names.”

Chief Emeka Ngige (SAN) said:  “The Civil Service Commission should publicly advertise the existence of vacancies in INEC management and thereafter the shortlisted candidates should be referred to the Senate for confirmation.

“The candidates must be shown to be fully detached from any political party and/or governor. Indeed, if I have my way, all RECs should be appointed from the Bar, as lawyers are better equipped for the job.”

“That provision of the Constitution that the President should make the appointment needs to be expunged, not just amended. The appointment of Nigerians to such a sensitive office should not be vested in the President.

“As far as I am concerned, it should be given to an independent body like the NJC as the Uwais Committee recommended, although that will amount to saddling the judicial officers with additional responsibilities. But, if that will ensure probity and accountability and independence of the appointees, then it is well with me.

“The present idea of the President choosing bedroom stalwarts as members of INEC so that ultimately the outcome of any election is already determined does not create confidence in the electoral system at all.”

Former President of the Nigerian Bar Association (NBA), Mr Rotimi Akeredolu (SAN), said: “It is still the position of the law for the President to make such appointments.

“President Jonathan is the same person who chose Prof. Jega and everybody says he has done well. So, there’s no problem with him sending the names to the Senate as he has done.”

Asked if he thinks President Jonathan should have adopted Justice Uwais panel recommendation, he said: “The Uwais recommendation is not yet the law, so we have to stick with what we have now.”

On whether the Constitution should be amended to take the power to make the appointments away from the President, Akeredolu said: “I think so.”

Mr Yusuf Ali (SAN) said there was nothing wrong with the present mode of appointment of INEC officers.

“I endorse the present mode of appointment. The NJC is also made up of Nigerians, not angels,” he said.