Editorial: ELECAM DG’s insubordination; the stigma that hangs on

President Paul Biya did not fail to appreciate the acceptable performance of Elections Cameroon in his traditional end of year speech to the nation last year.

His candid observation was in concord with those of independent observers who found some flaws not in the organisation and running of elections in Cameroon but in the electoral law.

To make Cameroon’s electoral system more transparent, credible, fair and free, the observers variously recommended that the voting age should be brought down from 20 to 18 and that the electoral calendar should be published.

While Cameroonians are still lobbying for these concerns to be addressed, ELECAM’s director general of elections, Sani Tanimou has over the years made himself “an enemy in the house”. His actions and inactions are not only retarding Cameroon’s electoral system but tarnishing the credibility the board under the chairmanship of Samuel Azu’u Fonkam has been burning the midnight oil to build.

Being a man of unrivalled generosity of spirit, the president of the ELECAM electoral board, Fonkam Azu’u often repairs the misdeeds of his subordinate with unnoticed serenity.

Just before the last municipal and legislative polls, for example, he had to call a press conference to reiterate as stipulated by law that an electorate could only vote with the presentation of both his national identity and voter’s card. Sani had in violation of the electoral law announced that a voter’s card was enough for a registered voter to cast a vote.

His unauthorised announcement interpreted as designed to rig elections was like a fuse sitting on a time bomb of electoral violence, but for Fonkam’s timely intervention.

As if that was not enough, Sani, perhaps boasting of coming from the same South region like President Paul Biya, would not recommend staff to fill the vacancies left by those who had gone on retirement. He spurned instructions from the electoral board to make the recommendation.

The stand-off gave the impression to the public that there was a grave crisis at ELECAM capable of harming the budding electoral system and the country’s democratic process.

To put the facts right, the ELECAM electoral board used last week’s fourth ordinary board meeting of the electoral organ at the Yaounde Mont Febe Hotel and to open the Pandora’s box on Sani’s gross disrespect for authority and insubordination.

Sani who legally attends ELECAM board meetings in an advisory capacity looked worried, embarrassed and confused when told the home truth about the damage his insubordination has cost ELECAM.

Portions of a statement that was made public by the ELECAM electoral board in Yaounde last Thursday read: “Contrary to certain assertions relayed by some press organs, this crisis is persisting, given that the director general of elections has still not commissioned the regional delegates appointed, by a unanimous decision of the electoral board, in its resolution…“It is worth recalling that in the course of two sessions, that is, those of 25 October, 2013 and 31 December, 2013, the electoral board examined the replacement of officials of ELECAM branches due retirement”.

Fonkam who read the board’s statement explained further that the matter was repeated on the agenda of three successive sessions of the electoral board meetings but Sani would not budge while his apologists lied that the board had usurped the functions of the director general of elections.

Sani’s insubordination to the ELECAM board has been classified as: “the determination of the director general of elections to override the decision of the electoral board to replace regional officials who had reached the age of retirement”.

When he failed to make the recommendations after over eight months, the board resolved to appoint staff to fill the vacancies left by the retired workers. But why did Sani wait for eight months without making the recommendation as was requested for by the electoral board? Wasn’t it to make ELECAM dysfunctional if those positions remained vacant? Why is he refusing to install the staff?

Even though the position of a director general of elections with sweeping administrative and financial powers in an election body is outlandish, the law stipulates that he operates under the authority of the board headed by a president to “ensure the smooth functioning of Elections Cameroon.”

Fonkam, a former law lecturer of great repute, is unambiguous about functions. He holds and rightly so that: “the law that empowers the electoral board to ensure the smooth functioning of ELECAM compels the board to act in the event of malfunctioning or inertia…”

There is no denying the fact that the resolutions of the ELECAM electoral board constitute administrative acts. Based on this fact alone, they enjoy the privilege of preliminary non-objection and the privilege of instant execution. This means that so far as their illegality has not been judged by a competent court of law, they must be executed immediately to allow for a smooth functioning of the electoral organ.

There is no gainsaying the fact that Sani’s disrespect for the ELECAM electoral board and insubordination also greatly ridicule the authority of the state.

When a subordinate in the administrative hierarchy can take upon himself to obstruct the execution of an act duly taken by a superior authority; it not only constitutes a clear case of insubordination but can be rightly interpreted as done in total disregard and disrespect for the president of the republic who appointed him to that position.

After the clarification and indictment, the ELECAM board members in their statement yet said the crisis was going through an “internal examination” for a resolution. The crisis as Fonkam rightly said, is not between him and Sani. It is a problem between the directorate general and the board caused by the law designed to brew such conflicts and interest-group totem.

In better democratic and civilised countries, electoral boards are headed by a president or chairman who has the overall daily management authority. But in the case of ELECAM, it is the director general of elections who is responsible for the day to day administration of ELECAM under the supervision of the board. It is the director general who single-handedly manages the billions that sometimes come in as foreign funding; thanks to the credibility that the electoral board has worked tiredlessly to give the electoral organ.

How then can the board “supervise” Sani when the degree appointing him says “he shall report on his activities to the Electoral Board at least once every three months”? That creates a lot of room for ambiguity and the type of feet dragging Sani is using to derail the smooth functioning of ELECAM.

ELECAM was created to function more like a government corporation in which the board sets policies which are executed by the director general. Even in a corporation, the general manager is legally bond to execute orders from the board which can fire him at the least suspected acts of disrespect and insubordination.

‘Fortunately’ for Sani Tanimou, the ELECAM electoral board cannot sanction him. It can only refuse to recommend him for reappointment at the expiration of his first five years mandate.

Be that as the law creating ELECAM holds, we at The Guardian Post are of the strongest opinion that Sani has created so many problems for the board with his persistent insubordination and has demonstrated his unwillingness to collaborate with the board. Who says such disrespect for the ELECAM electoral board and its resulting conflict and crisis, if allowed to go unchecked, cannot discourage foreign donors from giving assistance to ELECAM?

Although Fonkam says they are examining the stand-off with the director general internally, Sani has for almost a year illustrated his intransigency because he knows only the president (who luckily for Sani is his South region brother) can sanction him.

As it stands, it can be said without any fear of being contradicted that ELECAM donors and the international community are watching to see if President Biya will compromise the integrity and effective functioning of Elections Cameroon for the egoistic interest of such a manager because they both hail from the same region.

As a first step toward distancing himself from growing allegations that Sani is growing wings because he is counting on the support and protection of his ‘big brother’, we urge President Biya to as a matter of urgency fire the director general of elections to avoid future crisis between the board and the directorate.

Also, we urge the president of the republic for the interest of our democracy to immediately amend the law creating ELECAM, empower the electoral board to fully manage the body as is done in other countries and give the board powers to appoint and fire the director general of elections.