Unshackling Democracy: Reforming Key Appointments To Strengthen Nigeria’s Governance

True democracy thrives on the principles of transparency, accountability, and impartiality. In Nigeria, several systemic issues impede the realization of these principles, compromising the effectiveness and independence of key institutions. This blog post explores these hindrances and suggests reforms that could foster a more democratic governance structure.

Key Appointments and Their Impact on Democracy

One significant issue is the concentration of power in the hands of the President, particularly concerning key appointments. These appointments often lead to loyalty to the appointing authority rather than to the nation, undermining the independence necessary for these institutions to function effectively. Below are some critical positions and why their appointment processes need reform:

1. Chief Justice of Nigeria (CJN)

2. Chairman of the Economic and Financial Crimes Commission (EFCC)

3. Inspector General of Police (IGP)

4. Chief of Army Staff

5. Chairman of the Independent National Electoral Commission (INEC)

 Current Challenges

– Chief Justice of Nigeria (CJN): The President currently appoints the CJN, often leading to a judiciary that may be influenced by the executive branch. This jeopardizes judicial independence and undermines public trust in the legal system.

– Chairman of EFCC: This role is crucial for fighting corruption, yet appointments are frequently seen as political, affecting the impartiality of the commission’s work.

– Inspector General of Police (IGP): The President appoints the IGP, leading to potential biases in law enforcement and accountability.

– Chief of Army Staff: Military appointments can be politically motivated, impacting national security and the apolitical nature of the armed forces.

– Chairman of INEC: The independence of INEC is critical for fair elections. Presidential appointments often raise concerns about the commission’s impartiality, influencing electoral outcomes.

Recommendations for Reform

To ensure these positions serve the nation impartially, their appointment processes should be restructured to involve broader, more transparent mechanisms:

1. Judicial Appointments:

   – Example from the UK: In the UK, the appointment of judges involves the Judicial Appointments Commission (JAC), an independent commission that recommends candidates based on merit. This process ensures that judges are selected without political bias.

   – Proposed Reform for Nigeria: Establish an independent Judicial Appointments Commission to recommend candidates for the CJN. The commission should comprise members from various sectors, including the judiciary, legal profession, and civil society, to ensure a balanced and transparent selection process.

2. Anti-Corruption Commission (EFCC):

   – Example from the UK: The UK’s Serious Fraud Office (SFO) has its Director appointed through a transparent process involving both the Attorney General and the Prime Minister, with oversight from parliamentary committees.

   – Proposed Reform for Nigeria: Implement a multi-step appointment process for the EFCC chairman, involving recommendations from a committee of legal experts, civil society representatives, and approval by the National Assembly.

3. Police Leadership:

   – Example from the UK: The appointment of the Commissioner of the Metropolitan Police involves a selection panel and the approval of the Home Secretary, ensuring checks and balances.

   – Proposed Reform for Nigeria: Create a Police Service Commission with representatives from different sectors to recommend candidates for the IGP, subject to approval by the Senate. This would reduce direct presidential influence and enhance the police force’s impartiality.

4. Military Appointments:

   – Example from the US: In the United States, military appointments such as the Chairman of the Joint Chiefs of Staff are nominated by the President but require Senate confirmation, ensuring a balance of power.

   – Proposed Reform for Nigeria: Require Senate confirmation for the Chief of Army Staff and other key military positions, ensuring that appointees are vetted through a transparent process.

5. Electoral Commission (INEC):

   – Example from India: The Chief Election Commissioner of India is appointed by the President but based on recommendations from a collegium consisting of the Prime Minister, the leader of the opposition, and the Chief Justice.

   – Proposed Reform for Nigeria: Adopt a similar collegium system where the INEC chairman is appointed based on recommendations from a panel that includes members from the executive, legislative, and judicial branches. This would enhance the credibility and independence of the electoral process.

Conclusion

Though some of these processes are believed to be practiced in principle, but the influence of the Federal government and by extention the President cannot be overruled. 

For Nigeria to achieve true democracy, it is essential to reform the appointment processes of key institutions to ensure their independence and impartiality. By adopting practices from established democracies and tailoring them to Nigeria’s context, the country can strengthen its democratic foundations and enhance the rule of law. These reforms will help build public trust and ensure that these institutions serve the nation rather than political interests.