Key nominations: Appointment of NAB chairman, ECP members in limbo

ISLAMABAD: Three key appointments have been stalled for a long time due to the lack of any meaningful communication or contact between Prime Minister Imran Khan and leader of the opposition in the National Assembly Shehbaz Sharif, who are the prime decision-makers in these cases.

The positions of the next chairman of the National Accountability Bureau (NAB) and two members of the Election Commission of Pakistan (ECP) are to be filled as required under the Constitution and the anti-graft law respectively.

In both cases, meaningful and result-oriented consultations between the premier and the opposition leader are mandatory without which no such selections are possible. The ECP has been working with only two members for the past six months. Apparently, there is no urgency to choose the new appointees.

The incumbent NAB chairman, Justice Javed Iqbal, retired in October last year and is on an indefinite extension on the force of a presidential ordinance, which provides that he can continue till he himself is chosen for the slot again or his replacement is found by the prime minister and the opposition leader.

The ordinance promulgated on Oct 6 last year, which was to expire on Feb 6, has been extended by the National Assembly for another 120 days. It cannot be further extended. Among other amendments in the National Accountability Ordinance (NAO), 1999, it has created a bipartisan parliamentary committee, having equal representation of the government and opposition parties on the pattern applicable to the appointment of superior court judges, ECP members and the chief election commissioner (CEC), for consideration and approval of one of the names recommended by the premier and the opposition leader. If there is a consensus between them, the committee will perform just a ritual role to clear that agreed name. The two ECP members representing the Punjab and Khyber Pakhtunkhwa (KP) retired in July last year after completing their tenures. The prime minister had suggested certain names from the two provinces to the opposition leader which the latter rejected and proposed his own nominees. In the absence of a consensus, all these nominations were sent to the parliamentary committee.

The panel held a couple of meetings but no accord was arrived at. Later, the two sides stated that they have agreed to talk informally so that the issue is settled amicably. This happened nearly two months back. Nothing has been heard about any unofficial contacts between them in this connection.

The same has happened regarding the selection of the new NAB chairman. The opposition and the government have come up with their respective names for the post. But the nomination remains blocked. Ostensibly, the appointment is not considered as a priority by the government as other more burning issues have engaged its attention. The parliamentary committee for this appointment is yet to be constituted by the speaker under the ordinance.

Legal experts say the Constitution and the amendments in the NAO are silent on what to do if there is a stalemate in the parliamentary committees on the appointment of the NAB chairman and the ECP members or the CEC as the government and opposition parties have equal representation in the two forums. They naturally always follow their policies, which are opposed to each other, resulting in an impasse.

The opposition parties are waiting for the presentation of the presidential ordinance in the Senate so that they can rush to pass a disapproving motion to kill it. Its fate also hinges on the judgment of a superior court where it has been challenged. If it is cleared by the judicial forum, all the actions taken till the verdict is pronounced will stand validated. But if it is struck down ab initio, all actions including the extension given to the NAB chairman will stand nullified.