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Tag: dates

  • 2019: INEC fixes election dates till 2055

    2019: INEC fixes election dates till 2055

    •Commission: 2019 dates sacrosanct
    •Political parties back electoral agency
    • 108 associations seek registration as parties

    The Independent National Electoral Commission’s (INEC) says it has fixed dates for future elections, even up to 2055.

    Its Chairman, Prof. Mahmood Yakubu broke the news yesterday at the regular quarterly consultative meeting between the management of INEC and the political parties in Abuja.

    The initiative, he said, was meant to ensure stability and certainty in the country’s democratic process as obtained in the developed world like in the United States (U.S.).

    “On this principle, the dates for the 2019 elections as well as future elections are no longer a matter of speculation. In 2019, the dates are 16th February and 2nd March. In 2023, it is 18th February and 4th March; in 2027, 20th February and 6th March; 2031, it is 15th February and 1st March and so on,” the INEC boss explained.

    Yakubu argued that the idea was to “engender certainty in our electoral calendar, allows for long-term planning by the commission as well as stakeholders and brings our democracy in line with the best practice around the world. I am glad that this decision has received the overwhelming support of stakeholders”.

    He added 108 groups have so far applied for registration as political parties, with nine at the final stages of the process.

    On the issue of underage voting, Yakubu vowed that the commission would ensure that ineligible voters were removed from the register.

    He pleaded with the political parties to assist the commission in the process, stressing that they have important role to play.

    “I wish to appeal to political parties to help the commission in further cleaning up the voter’s register. This appeal is all the more pertinent here because in addition to the display of the voter’s register in every polling unit nationwide before the 2011 and 2015 general elections for claims and objections, copies of the register were given to every political party at the time. In addition, the commission also availed each political party that fielded candidates in the five governorship elections conducted since the 2015 general elections a copy of the updated voter’s register for each state. However, as at today no political party has formally drawn the attention of the commission to the prevalence of ineligible persons based on their interrogation of the voter’s register,” the INEC boss said.

    On fresh application for registration as political parties, Yakubu noted that “as at Friday last week, the commission had received 108 applications out of which 66 associations have failed the initial assessment and they have been advised accordingly and none has responded so far. Thirty-three associations have passed the initial assessment and were formally advised to proceed to the next stage while nine associations are at the final stages of the processes. “

    On the forthcoming Ekiti and Osun states governorship polls, Yakubu appealed to political parties to ensure that proactive steps were taken for rancour-free conventions and congresses.

    He noted that “internal party democracy is crucial to our democracy and success of elections. It also helps to eliminate some of the protracted litigations we have seen well beyond the general elections. With less than a year to the 2019 general elections, there are still cases being prosecuted in the regular courts challenging the nomination of candidates for the 2015 general elections.

    “Such cases do not only distract the commission from focusing on the next elections, they also add to avoidable expenditure in lengthy prosecution of cases in various courts. It is important for parties to adhere strictly to the provisions of your respective party constitutions and your internal alternative dispute resolutions and mechanism.”

    Besides, Yakubu warned parties against non-compliance to the constitutional and other legal requirements for their registration.

    He said no party should feel comfortable in breach of especially the responsive criteria for its existence.

    But political parties under the umbrella of Inter Party Advisory Council (IPAC), at the consultative meeting, backed INEC sequence for conduct of the 2019 general elections.

    IPAC said it is a constitutional issue and hence the parties stand by the decision of the electoral body.

  • Why National Assembly can’t fix election dates, by Falana

    Why National Assembly can’t fix election dates, by Falana

    Activist-lawyer Femi Falana insists the National Assembly erred by reordering the dates for the general elections scheduled for next year by the Independent National Electoral Commission (INEC). The Senior Advocate of Nigeria (SAN) says the National Assembly lacks the power to fix election dates

    Since the return to democratic rule in 1999, the Independent National Electoral Commission (INEC) has conducted the general elections on a two-tier or three-tier basis.

    Even though the National Assembly had attempted in the past to use the Electoral Act to alter the sequence of elections fixed by the INEC it did not succeed. In spite of the ongoing controversy surrounding the sequence of elections, our recent experience as a nation has shown that there is nothing sacrosanct about it.

    In 1999 and 2007, the presidential election came up last while it came up first in 2015.  In influencing the order of elections in 2015, the ruling party had thought that holding the presidential election first would have bandwagon effect on the outcome of the other elections. But the result was a disaster for the ruling party.

    It has equally been confirmed that when elections into the legislative houses were held before other elections in the past, majority of sitting legislators lost their seats.  So, there is no indication that President Muhammadu Buhari stands to benefit electorally from the decision of the INEC to retain the 2015 sequence of elections.

    But notwithstanding the reactions of the presidency and the National Assembly to the sequence of elections announced by the INEC, it is pertinent to review the relevant provisions of the Constitution, the Electoral Act and judicial authorities on the vexed issue.

    In preparations for the 2019 general elections the INEC recently released a timetable for party primaries and the elections into the various offices in exercise of its powers under Sections 76, 116, 132 and 178 as well as paragraph 15 of Part 1 of the Third Schedule made pursuant to section 153 (1) of the Constitution.

    Under the arrangement, the presidential and National Assembly elections will be held on February 16, 2019, while the governorship and Houses of Assembly elections will take place on March 2, 2019.  But in the Electoral Bill 2018 recently passed by the National Assembly, the sequence of the general elections has been altered. The sequence as proposed by the new amendment is (A): National Assembly election; (B): Governorship and State Assembly elections and (C): Presidential election.

    No doubt, the matter has generated a needless controversy to the extent that little or no attention is paid to the other provisions of the Electoral Bill which have the capacity to promote internal democracy and enhance the credibility of the electoral process.

    Perhaps not aware of the state of the law, the INEC has announced its intention to approach the Supreme Court to test the constitutional validity of the Electoral Bill 2018 if it is eventually signed into law by the President. Since there are indications that the President may withhold his assent in the circumstance, the National Assembly has threatened to override his veto.

    Having watched the trend of the debate, it is regrettable to note that the parties involved in the dispute have not studied the decision of the Court of Appeal in the case of National Assembly v. President (2003) 9 NWLR (PT 824) 104 at 143-144. In that case, former President Olusegun Obasanjo had refused to assent to the Electoral Bill 2002 which had been passed by both Chambers of the National Assembly and transmitted to him on June 24, 2002.

    Subsequently, by a motion of veto-override, the National Assembly passed the bill into law. In an originating summons filed at the Federal High Court, the INEC challenged the validity of the passage of the Bill into law and the constitutionality of Section 15 of the Act which had provided that general elections shall be held in one day.

    The trial court held that the Bill was properly passed into law but that Section 15 thereof was inconsistent with Sections 76, 116, 132 and 178 of the Constitution. Dissatisfied with the annulment of Section 15 of the Electoral Act, the National Assembly filed an appeal at the Court of Appeal. On his own part, the Attorney-General of the Federation filed a cross-appeal to challenge the passage of the Bill into law. In its judgment, the Court of Appeal held that the manner of passing the bill into was unconstitutional but declined to set it aside on ground of public policy as the 2003 general elections were being conducted under the law. However, the Court of Appeal affirmed the decision of the Federal High Court on the illegality of Section 15 of the Electoral Act.

    In his contribution to the judgment of the Court, Oduyemi J.C.A (as he then was) stated that “in so far as Section 15 of the Electoral Act, 2002 seeks to fetter that discretion and limit the third defendant to only one day in the year for all elections to the offices concerned, that provision of the Act is inconsistent with the provisions of the Constitution above referred to, and it is to that extent a nullity. Section 1(3) of the Constitution… All in all, I agree with the reasoning in the judgment of the lower court and with the conclusion in the judgment that Section 15 of the Electoral Act, 2002 is inconsistent with the specific provisions of the Constitution of the Federal Republic of Nigeria, 1999 in Section 132(1), 76(1), 178(1), 116(1), 78, 118 and Item 15(a) of the 3rd Schedule: that it infringes upon the absolute discretion vested by the Constitution on the third respondent with regard to the fixing of dates for election into the various offices concerned.”

    However, the National Assembly took advantage of the 2010 Alteration of the Constitution to attempt to overrule the judgment of the Court of Appeal in the case of the National Assembly v. the President (supra). Thus, in the first alteration made to the Constitution, the National Assembly amended sections 132(1), 76(1), 178(1), 116(1), 118 and 178 of the Constitution by adding the phrase “in accordance with the Electoral Act”. Although the power of the INEC to “organise, undertake and supervise” the general elections conferred on it by paragraph 15 of Part 1 of the third schedule made pursuant to Section 153 of the Constitution was left intact, the National Assembly members erroneously believed that they had conferred on themselves the power to fix the dates for general elections in Nigeria. Hence, in the 2018 Electoral Bill, the National Assembly is alleged to have tampered with the discretion of the INEC to fix the dates for the 2019 general elections.

    Apart from the illegality of subjecting the provisions of the Constitution to the Electoral Act, the Alteration of the Constitution did not confer on the National Assembly the power of fix dates for holding the general election in Nigeria. To that extent, the National Assembly cannot use the Electoral Act to usurp the powers exclusively conferred on the INEC to appoint dates for holding the general elections in the country.

    Indeed, the Supreme Court has had cause, after the first 2010 Alteration of the Constitution, to confirm the discretionary power of the INEC to fix the dates for holding the general elections.

    In PDP V. SYLVA (2012) 13 NWLR (PT 1316) 85 the respondent challenged the decision of the INEC to cancel and reschedule the 2012 governorship election in Bayelsa State. In dismissing the contention the Supreme Court (per Rhodes Vivour JSC) held that ‘’INEC has the sole responsibility to fix dates for election and to my mind if INEC fixes a date for elections and for whatever reason, be it logistic, I do not think anyone has a cause of action against INEC for canceling an election (not held) and rescheduling elections for another day’’.

    Similarly, in NDP V INEC (2013) 20 WRN 1 at 45 the Supreme Court (per Ariwoola J.S.C.) held that “it is not in doubt that the Independent National Electoral Commission (INEC) that is, the respondent has the sole responsibility to decide when elections are to hold. See Peoples Democratic Party v Timipre Sylva & Ors (2012) 13 NWLR (Pt 1316) 85 at 122.

    The respondent also reserves the prerogative to decide what Timetable to of Activities to publish for a General Election.”

    Furthermore, in Hon. James Abiodun Faleke v INEC (2016) 50 WRN 1, the Supreme Court reiterated the view that by virtue of paragraph 15 of Part 1 of the Third Schedule made pursuant to Section 153 (1) (f) and (i) of the Constitution, the Independent National Electoral Commission has power to organise, undertake and supervise all elections to the offices of the President, Vice President, the Governor and Deputy Governor of a State and the membership of the Senate, the House of Representatives and the House of Assembly of each state of the federation.

    No doubt, the National Assembly would have achieved its objective if it had incorporated the sequence of the general elections in the Constitution. But by providing that the INEC shall fix election dates “in accordance with the Electoral Act”, the interference in the exercise of the discretionary power of INEC’s constitutional power to fix the dates for the elections cannot be justified in law.

    As far as the constitution is concerned, the power of the INEC to organise, undertake and supervise the elections which has been interpreted to include the power to fix the dates for the general elections or determine the sequence of the elections has not been altered in any material particular.

    It is the height of legislative absurdity to say that the power donated to the INEC by the Constitution shall be exercised in accordance with the provision of an interior legislation.

    In Attorney-General, Abia State v. Attorney-General of the Federation (2002) 1 WRN 1 at 45 Kutigi CJN (as he then was) held that “where the provision in the Act is within the legislative powers of the National Assembly but the Constitution is found to have already made the same or similar provision, then the new provision will be regarded as invalid for duplication and/or inconsistency and therefore inoperative.

    The same fate will befall any provision of the Act which seeks to enlarge, curtail, or alter any existing provision of the constitution. The provision or provisions will be treated as unconstitutional and therefore null and void.”

    From the foregoing, it is submitted that the interference in the exercise of the powers of the INEC to appoint dates for holding the general election in Nigeria is illegal as the provision of the Electoral Bill 2018 is inconsistent with Sections 76, 116,132 and 178 of the constitution. To the extent of such inconsistency, the provision of the Electoral Bill is illegal, null and void as stipulated by section 1 (3) of the constitution.

    In other words, since the INEC has been empowered to organize, undertake and supervise all elections the National Assembly cannot rely on the provision of the Electoral Act to usurp the powers of the INEC to fix the dates for the elections.

    In view of the settled position of the law the INEC should not waste public funds by rushing to the Supreme Court to contest its own constitutional duty to organise, undertake and supervise the 2019 general elections.

     

  • LMC announces new dates for Match Day 17 and 18

    LMC announces new dates for Match Day 17 and 18

    The League Management Company (LMC) has announced minor fixtures adjustment in the Glo Premier League which has changed dates for games of Match Day 17 and 18.

    Salihu Abubakar, the Chief Operating Officer of LMC disclosed the changes and said it has been necessitated by changes in the Federation Cup Round of 32 fixtures just released by the Nigeria Football Federation (NFF).

    In the new fixtures, Match Day 17 games earlier scheduled for Wednesday, July 8 will now hold on July 12 while Match Day 18 scheduled for July 12 are now to be played on July 15. Match Day 19 will hold as scheduled on July 19.

    He also affirmed dates for the outstanding fixtures involving Warri Wolves starting with the fixture against Shooting Stars which will come up on Wednesday, July 8 in Ibadan. Kwara United will host Warri Wolves on July 22 while Wolves will host El-Kanemi Warriors on July 26.

  • Clash of dates worries Wrestling Federation

    NIGERIA Wrestling Federation (NWF) has expressed concern over the clash in dates for the 2015 All Africa Games (AAG) and the World Championship competitions as they continue preparations for both events.

    The 11th edition of the AAG holds in Congo Brazzaville from September 4 to 19, while the World Championship is scheduled for Las Vegas, USA within the same period from September 7 to 12.

    While the NWF will be looking ahead to compete in this year’s AAG after wrestling was left out of last edition by hosts Mozambique, the federation will at the same time hope to do well at the World Championship which will serve as qualification for the Rio 2016 Olympic Games.

    NWF President, Daniel Igali informed SportingLife that the federation is looking at ways at ensuring participation in both events, while the athletes are equally preparing for the African Wrestling Championship scheduled for Alexandra, Egypt from May 27 to 31.

    “The All Africa Games is fast approaching; the Africa Championship is a month away. The problem we have now is that the All Africa Games and the World Championship are holding about the same time and I don’t understand how CALA (African Council of Associated Wrestling) President could allow this scheduling conflict. Because All Africa Games, you need to go with your best athletes and the World Championship is an Olympic qualifier, so it is a tough situation.

    “Both competitions are almost the same time, but I want to know the exact date and time that our athletes are competing. If there is two day gap within the two competitions, we can find a way to get them a flight to come back immediately to compete at the Africa All Africa Games as well.

    “My priority is the World Championship which will serve as Olympic qualifier. But we have to be top six to qualify from the World Championship. This means the top six athletes will automatically qualify for the Games. So I really need to see how we can work around the situation, look at flight tickets. This is where the National Sports Commission, everybody has to work together to join hands to win medals. We have to give the athletes the opportunity to prepare, if there is need to  go by business class tickets, that is what we would do.

    “The All Africa Games is the major competition to some federations while others use it as Olympics qualifier. For us, the African Championship next year will be the second phase of the Olympic qualifier. So all the people that don’t make it to the top six will now have to qualify at that level,” Igali said.

     

     

  • APC alleges PDP plans to push for new election dates

    APC alleges PDP plans to push for new election dates

    The All Progressives Congress (APC) yesterday raised the alarm over the “relentless scheming” by the Goodluck Jonathan Administration and the Peoples Democratic Party (PDP) to push for another postponement of the 2015 general elections, unless they can perfect a rigging plan, and called for the imposition of global sanctions on whoever scuttles the polls.

    In a statement issued in Dubai by its National Publicity Secretary, Alhaji Lai Mohammed, the party said the multi-pronged efforts to prevent the elections from holding as rescheduled include the use of some 23 portfolio political parties to seek a further shift in the election dates and the destabilisation of INEC’s election plan through the orchestrated removal of its Chairman, Prof. Attahiru Jega.

    It said the “same 23 satellite parties” of the PDP that were used to push for the six-week postponement of the elections have again started testing the waters by pushing for a further shift in the elections in the six states of the North-east, ostensibly to allow the conclusion of the counter-insurgency battle and also to allow those displaced to return home.

    ‘’The plan is to use the same bogey of insecurity in the North-east to push for another postponement in the elections. The signs are ominous indeed. The body language of the President and his party does not support the holding of elections. They are mortally afraid of losing because the use of PVCs and Card Readers have thwarted their rigging plans,’’ APC said.

    The party said while the 23 parties are pushing for the elections to be further postponed, the Jonathan Administration and the PDP are simultaneously forging ahead with their plan to remove Prof. Jega and replace him with a malleable acting Chairman whom, they believe, will do their bidding.

    ‘’Once they remove Jega, his replacement will either seek more time to organise the polls or simply jettison the plan to use Card Readers, thereby opening the door for those who have been buying up PVCs to use them.

    ‘’Is it not interesting that the same Administration that has been flaunting free and fair elections as a key achievement has now gone for the jugular of the same man who organised those polls? Is the man they don’t want not the same person who organised the 2011 polls which the administration has described as free, fair and credible? What has now gone wrong between them and their poster boy for successful elections? it queried.

    APC warned that the consequences of another postponement of the elections will be dire, indeed, especially because it will create a constitutional crisis that is capable of endangering the country’s democracy and destabilising the country in its entirety.

    The party called on Nigerians, especially the civil society, to be very vigilant in the days ahead, as the cloud of uncertainty becomes thicker and the vultures begin to circle.

    It also called on the international community to consider imposing stiff sanctions on key members of the Jonathan Administration if they force another postponement or scuttle the polls.

    ‘’However, we also believe that the international community has a role to play in helping to check the desperadoes who are using the Laurent Gbagbo rule book as if it was made for them, and who will not hesitate to bring the whole system crashing down on all if that is what it will take for them to perpetuate themselves in power.”