Tag: Electoral Act 2010

  • Coalition of 28 political parties rejects Tambuwal’s victory

    A coalition of 28 political parties in Sokoto State on Tuesday rejected the victory of Gov. Aminu Tambuwal at the governorship election in the state.

    The Independent National Electoral Commission (INEC) on Sunday declared Tambuwal winner of the election after Saturday’s supplementary polls with a narrow margin of 342 votes,

    The Chief Collation/Returning Officer, Prof. Fatima Mukhtar, said that Tambuwal of the Peoples Democratic Party (PDP) secured the highest votes of 512, 002, defeating his close rival Alhaji Ahmad Aliyu of APC, who polled 511, 660 votes.

    Addressing a news conference in Sokoto, the coalition leader, Alhaji Musa Aliyu of the Nigeria Elements Progressive Party (NEPP), rejected the declaration.

    Aliyu, the NEPP governorship candidate in Sokoto State, said that the process was flawed with irregularities and characterised by acts of violence which contravened the nation’s electoral laws and the Constitution.

    “Our decision was rightly informed by the glaring fact that the elections were hugely marred by myriad of flaws, which had rendered the result of the polls null, void and unacceptable.

    Read also: Atiku congratulates Tambuwal, Ortom

    “We observed that the elections were characterised by massive vote-buying, intimidation, non-use of card reader machines as well as the duplication of voting in polling units where the polls were earlier conducted.

    “The coalition, therefore, deemed it necessary to unravel these infractions on the Electoral Act 2010 as amended, as well as INEC’s Electoral Guidelines.

    “We are also in total and formidable support of All Progressives Congress (APC) action to seek legal redress,” he said.

    He appealed to supporters and the entire people of the state to remain calm and law abiding, “while we patiently await the outcome of the litigation on the polls”.

    Some of the delegates at the conference included Mujjitaba Aminu of MPN, Muhammad Shehu of GPN, Lawali Haliru of UPP, Dan-Ali Kasarawa of LP and Bello Ibrahim of DPP.

  • Politicians, not INEC, should carry the can

    Who should be blamed for inconclusive governorship elections –  the Independent National Electoral Commission (INEC) or desperate politicians perpetrating unruly behaviours?

    An election is a collective enterprise involving various stakeholders, particularly the umpire, security agencies and politicians. The failure of any of these stakeholders to abide by the rules of the game always spells doom for the process.

    This is the case in five states where the electoral agency was clearly undermined by the political class. The implication is that in Bauchi, Sokoto, Plateau, Benue and Adamawa and Kano states, the exercise is not complete. INEC has to prepare for supplementary elections as required by the law.

    In Bauchi, the Returning Officer, Dominica Anosike, was taken aback when thugs invaded the collation centre in Tafawa Balewa local government, carting away the result sheets.

    It was the same scenario in Nassarawa Local Government Area of Kano State where the collation was disrupted by thugs, resulting into a blame trade between All Progressives Congress (APC) and Peoples Democratic Party (PDP).

    In Sokoto State, results of 22 polling units were cancelled. Tempers rose, following the cancellation. But, INEC stood its ground.

    Guns boomed at the collation centre in Nassarawa Local Government in Kano in Kano where the exercise was disrupted by thugs.

    In Rivers State, protesters invaded the streets, alleging plans by the electoral body to tilt the pendulum of victory in the direction of a party. There are fears that the protest may degenerate into violence, unless security agents avert the looming danger.

    Generally, the polls were free and fair in the affected states. INEC tried to justify the confidence reposed in it. There was no case of compromise on the part of polling officers. Card readers were not faulty. Electoral officers did not report late for work. Ballot papers were surplus. INEC officials were not partial.

    But, according to monitors, trouble started at the collation centres where widespread disruptions were recorded. Curiously, security agents failed to maintain law and order. Due to hiccups in some polling units, results were cancelled. However, the cancellation created an upset. In some instances, the cancelled votes were more than the margin between the votes garnered by the two leading candidates.

    The Electoral Act 2010 empowers the commission to cancel an election on the basis of vote disruption and violation of laid down rules, particularly multiple voting, disparity between votes cast and number of registered voters as well as violence.

    It is an additional burden for INEC. Within 21 days, the supplementary polls have to be held. But, the period of anxiety for candidates and their parties is also extended.

    If the collation of the supplementary polls are threatened by disruption, there is a way out. The onus is on INEC to critically look at the votes cast and ascertain whether the cancelled election in some units will significantly affect the totality of votes.

    The supplementary elections may generate tension. Will the collation be successful?

    The lesson of the exercise is that is collation is porous in some locations. To checkmate the thugs who disrupt the process, security agents must be up and doing. The baseline is the prosecution of culprits arrested in connection with the disruptions. This will deter others in the future.

  • Poll Shift: INEC to decide on resumption of campaign

    The door for political campaign may have not have been entirely closed after all, it was learnt on Sunday.

    The Independent National Electoral Commission  (INEC) will be meeting today to decide if parties can resume canvassing for votes openly.

    INEC postponed last Saturday’s presidential and Narional Assembly polls for a week. The elections will now hold next Saturday, 23rd February 2019.

    Equally, the governorship, state Assemly and FCT council polls earlier scheduled for 2nd March have been shifted to 9th March 2019.

    The commission had blamed logistics and sabotage of its efforts for the postponement.

    Though, this will be the third time in recent time that the general elections will be postponed. The first was in 2011 and also 2015.

    The parties are eager to resume political campaign, given the current situation the country has found itself.

    Section 99 (1) of the  Electoral Act 2010 as amended stipulated that political campaign must end 24 hours to an elecrion.

    “For the purpose of this Act, the period of campaigning in public by every political party shall commence 90 days before polling day and end 24 hours prior to that day.

    Section 2 of the Act stipulated a fine of N500,000.00 punishment for any party which through any person acting on its behalf during the 24 hours prior to that day.

    However, the law did not envisage a postponement which explained it silence in the face of the present predicament the parties and the electoral body is currently confronted with.

    But with the postponement of the election by a week, parties felt it will be wrong to stay mute for a week, as it may affect voter turnout for the rescheduled general elections.

    INEC chairman, Prof. Mahmood Yakubu on Saturday during the interactive session with stakeholders on the postponement of the polls had said that political campaigns were over.

    He however doubted the possibility of politicians to remain silent for a week without reaching out to voters.

    The mounting pressure from political parties, may have necessitated the commission’s decision to meet to discuss the issue so as to decide on the possibility of resumption of political campaign or not.

    Confirming the meeting, the Chief Press Secretary to the Chairman of the commission, Mr  Rotimi Oyekanmi stated that “On campaigns, the Commission will meet tomorrow and take a decision.”

  • Udom submits guber forms, urges Buhari to reconsider Electoral Act

    The Akwa Ibom State Governor, Udom Emmanuel, submitted his governorship nomination forms on Thursday, August 6, 2018 and called on President Muhammadu Buhari to reconsider signing the Electoral Act 2010 amendment bill.

    The governor who underscored the essence of the bill, urged those who initially advised the President not to sign the bill to have a change of heart and encourage him to do so because it will strengthen the country’s democracy. He said the bill is the way forward for Nigeria.

    He however dismissed claims  of the All Progressives Congress (APC) making in roads in Akwa Ibom State, noting that the people of the state have experienced development under the leadership of PDP.

    He said: “I know the publicity secretary of our party has been shouting over this issue, but we need to add our voices as a people that we still expect that the President will change his mind and sign the electoral bill into law because that is the way forward for Nigeria. That is the only bill that can strengthen democracy in this country.

    “The change is in that electoral bill; the expectations of Nigerians are in that electoral bill. We believe the advisers who are advising the President not to sign will also advise him to change his mind so that democracy can be strengthened in Nigeria.”

    Emmanuel noted that PDP in Akwa Ibom State, is in full force, stressing that party remains strong in the state and the South- South region.

    He added “Let me say that my people all over the world for the first time came together and said this time, I should be unopposed. I thank all of you for making it possible. I want to say to whom much is given, much is expected. It is a huge burden on the PDP.

    “But the people in Akwa Ibom have tested development. We have seen dividends of democracy through PDP. On PDP we stand and remain. No shaking. Akwa Ibom is PDP.

    “We are urge Nigerians not to mind what they are saying about the South-south. We are not only talking about Akwa Ibom but the entire South-South. There is no shaking.”

    He added that the PDP will reclaim some states after the 2019, adding “when we count the results we will know how many will be PDP.

  • Amendment of Electoral Act suffers set back in Senate

    Amendment of Electoral Act suffers set back in Senate

    Attempts by the Senate to amend the Electoral Act 2010 (as amended) to cure certain mischief identified in the electoral system suffered set back in the Senate Wednesday.

    Chairman, Senate Committee on Independent National Electoral Commission (INEC), Senator Abubakar Kyari, presented report of his committee on the requested amendments.

    It was apparent that the issues tabled for amendment were too hot for the senators to handle.

    After about two-hour debate, Senate President, Abubakar Bukola Saraki, was forced to send the report back to the committee to seek answers to some thorny issues.

    Essentially, Senators failed to agree on who should succeed a candidate of a political party who died before the announcement of an election result.

    The lawmakers specifically referred to the last Kogi State governorship election describing it as “the Kogi mischief.”

    The committee recommended in Clause 6  to amend Section 36 of the Electoral Act by inserting a new subsection (3) which provides for the substitution of a candidate of a political party who dies before the declaration of the result of the election  with the first runner up in the party’s primaries (which was won by the deceased candidate).

    Many Senators were vehemently opposed to the recommendation.

    Those opposed to the recommendation wondered why the running mate to the deceased candidate should not be allowed to succeed his principal.

    They argued that since a candidate could only be deemed to have been validly nominated if he has a running mate, it is natural that the running mate should succeed his principal in the event of death of the principal.

    But those who supported the recommendation insisted that allowing the running mate to take over from his principal could serve unintended purposes for an ambitious running mate who could go after the life of his principal knowing that he stood to benefit in the event of the death of his principal.

    The proposed amendment also included amendment of a paragraph of Section 49 of the Electoral Act, with regard to the processes of voter accreditation using Smart Card Reader introduced by INEC in the 2015 General Election.

    The amendment also sought to insert criminal penalty for a member of a political party who misrepresent his status for the purpose of being engaged in INEC; replacement of a candidate at an election who dies between commencement of polls and declaration of the result of the election; proceeding with an election where there is only one valid nomination, criminal penalty for obtaining registration of a political party fraudulently and granting INEC power to overrule manipulation of result of primaries by party officials.

    Senator Kyari noted in the report that the sad demise of Prince Abubakar Audu a former Governor of Kogi State, just before the announcement of the result of the last governorship election in Kogi State, brought to focus a major lacuna in the law that required quick legislative action.

    He noted that it was therefore discussed that Section 36 of the Electoral Act should be amended with respect to the death of a nominated candidate who dies before the declaration of the result of an election.

    On direct party primary system, Kyari said it is a known fact that party primaries system have led to instances where elected public leaders are removed by Tribunals or Courts and replaced by candidates who were adjudged  to be the winner of the party primaries but were not voted for by the public.

    The committee also recommended in Clause 2 to amend Section 8 of the Electoral Act by inserting a new subsection (5) which prescribes imprisonment of at least five years or a fine of at least N5 million, or both for a member of a political party who is guilty of misrepresenting himself in order to secure an appointment with INEC.

    In Clause 10 to amend Section 49 of the Act with regards to the use of Smart Card Readers and other technological devices for elections by INEC.

    In Clause 17 to amend subsection 78(5) of the Act with regards to provision of false and misleading information by an Association to INEC for purpose of registration as a political party.

    After listening to the discordant views especially on the death of a nominated candidate of a political party who died before the declaration of the result of an election, Saraki sent the report back to the committee to conduct more legislative enquiry into the matter with a view to arriving at acceptable position.