Tag: Electoral Act

  • ‘Review Electoral Act’

    Civil society groups, the Human Rights Law Service (HURILAWS) and One Voice, have called for an amendment of Section 137 of the Electoral Act 2010 which provides that only candidates and political parties can file a petition at a tribunal.

    They said the law should be more explicit as to who can bring an election petition, especially as regards candidates who are unlawfully excluded from contesting elections.

    Registered voters who are denied their rights to vote should also be able to ventilate their grievances at the tribunal, the groups said.

    “This provision is too restrictive and excludes the electorate from whom power ordinarily derives from the electoral adjudicating process,” they said.

    HURILAWS’ Senior Legal/Programme Officer, Collins Okeke, at a media briefing in collaboration with One Voice on the review of the 2015 election petitions process, also decried difficulties in accessing electoral materials by petitioners.

    Okeke said justice could be denied petitioners because the Independent National Electoral Commission (INEC) is sometimes willfully uncooperative in making materials needed as evidence readily available.

    “This raises the question of the propriety of the election documents being left with INEC after an election. The question would be whether agencies such as the National Library and the Central Bank of Nigeria (CBN) can play a role in this regard,” he said.

    The groups also want the rule on non-compliance with the Electoral Act reviewed.  “It is recommended that in examining substantial compliance, adherence to the whole provisions of the Act from the registration of voters to the announcement of result shall be factored into such an examination,” the said.

    The groups urged the National Assembly to “take another look” at Section 285 of the 1999 Constitution which places 180-day timeline on election petitions, saying there was little or no justice in some election petitions.

    Chair, One Voice Media Committee, Pastor Deji Adeleye, said INEC should be unbundled in terms of electoral offences for an effective prosecution of electoral offenders.

  • ‘Review Electoral Act’

    Civil society groups, the Human Rights Law Service (HURILAWS) and One Voice, have called for an amendment of Section 137 of the Electoral Act 2010 which provides that only candidates and political parties can file a petition at a tribunal.

    They said the law should be more explicit as to who can bring an election petition, especially as regards candidates who are unlawfully excluded from contesting elections.

    Registered voters who are denied their rights to vote should also be able to ventilate their grievances at the tribunal, the groups said.

    “This provision is too restrictive and excludes the electorate from whom power ordinarily derives from the electoral adjudicating process,” they said.

    HURILAWS’ Senior Legal/Programme Officer, Collins Okeke, at a media briefing in collaboration with One Voice on the review of the 2015 election petitions process, also decried difficulties in accessing electoral materials by petitioners.

    Okeke said justice could be denied petitioners because the Independent National Electoral Commission (INEC) is sometimes willfully uncooperative in making materials needed as evidence readily available.

    “This raises the question of the propriety of the election documents being left with INEC after an election. The question would be whether agencies such as the National Library and the Central Bank of Nigeria (CBN) can play a role in this regard,” he said.

    The groups also want the rule on non-compliance with the Electoral Act reviewed.

    “It is recommended that in examining substantial compliance, adherence to the whole provisions of the Act from the registration of voters to the announcement of result shall be factored into such an examination,” the said.

    The groups urged the National Assembly to “take another look” at Section 285 of the 1999 Constitution which places 180-day timeline on election petitions, saying there was little or no justice in some election petitions.

    Chair, One Voice Media Committee, Pastor Deji Adeleye, said INEC should be unbundled in terms of electoral offences for an effective prosecution of electoral offenders.

    He questioned the need to conduct a re-run election in areas where voters rejected card readers. To him, an election should not be declared inconclusive in such places, as happened in Kogi State.

    On independent candidacy, Adeleye said Nigeria was not ripe for it as powerful individuals could hijack and abuse it since such persons will not be subject to a political party’s disciplinary regulations.

    Besides, it will further create additional burden on INEC. “I’ll recommend it at the local government level,” he added.

     

  • Jega to lawmakers: Conduct major electoral reforms of Electoral Act

    Jega to lawmakers: Conduct major electoral reforms of Electoral Act

    The Chairman of the Independent National Electoral Commission (INEC), Prof. Attahiru Jega, has called on the National Assembly to be decisive in reforming the Electoral Act and reviewing the Constitution.

    Mr. Jega made the call at a Dinner organised for him by the Nigeria Labour Congress (NLC) the Trade Union Congress and some Civil Society Organisations in Abuja on Friday night.

    “Electoral reform has just begun, a lot more efforts need to be done,” he said.

    “The Justice Muhammed Uwais panel has a lot of good recommendations, which are yet to be taken on board and implemented.”

    The electoral chief added that “between now and 2019, there is sufficient time and scope for us to be able to ensure that additional reform methods can come in.”

    He said INEC under his leadership “made a recommendation two years ago for amendment to the electoral act and the constitution to improve the legal framework before 2015 general elections.

    “Regrettably, it did not materialise up to the time we did the elections, and the existing legal framework is fairly good.

    “It could have been better if the legal framework had been improved.”

    Jega called on the National Assembly to continue to support INEC and give it the necessary encouragement required to improve on the good foundation that had been laid out. He pledged support to future electoral reforms and improvement in the electoral process in the country.

    He commended INEC commissioners and staff for their support and efforts under very difficult circumstances for successful elections in 2015.

    He also commended the labour movement for their continuous support to INEC and the reforms in the electoral process.

    The NLC President, Ayuba Wabba, said the reforms, which the INEC boss brought to bear on the organisation reflected in the 2015 general elections.

    “With commitment, patriotic and honest disposition, Jega was able to, through administrative wizardly, accomplish the historic success of 2015 general elections.

    “That was how Jega was able to outwit our chronic election riggers out of relevance in the innovations of the permanent voter cards and card readers,” he said.

    Wabba advised that whoever would be the next INEC boss should continue with the benchmark set by Jega. He said Nigerians would not accept a reversal of the progress made with the 2015 general elections where the will of the people was truly reflected in the ballot.

    He called for the full implementation of Uwais report, adding that it will go a long way to achieve full credibility in the conduct of elections.

    Salisu Mohammed, Chairman, Labour Party Caretaker Committee, said it was time for Nigerians to build institutions that would have enduring legacies.

    “What happened in the National Assembly is a cause for concern for all who have concern for Nigeria’s future.

    “It shows that our democracy is still in infancy and if care is not taken, we may suffer serious setback,” he said.

    Jega, who conducted Nigeria’s general elections in 2011 and 2015, is set to retire as the Chairman of INEC on Tuesday.

     

  • Senatorial race: Did Uba violate Electoral Act?

    Senatorial race: Did Uba violate Electoral Act?

    Chief Chris Uba’s roles in the Peoples Democratic Party (PDP), his romance with Independent National electoral Commission (INEC) and the judiciary to achieve his political objectives is a matter of concern to all. At the outset of this democratic experiment in 1999, Uba was hardly known in political circles as a strong force, not even in Anambra State where he hails from. It is believed that his elder brother, Senator Andy Uba, then a Senior Special Assistant to former President Olusegun Obasanjo,  brought  Chief Chris Uba to political limelight.

    Chief Chris Uba has become a political force that neither Senator Andy Uba, Anambra State, its people and  the Judiciary are spared from his attacks depending on the which political divide one finds himself. From the 2003 National Assembly elections when Chris Uba first experimented with his own list of candidates alongside that of the PDP in Anambra State, the state has never had one list of candidates for elections till date.

    It has always been the PDP list against the list of  Chris Uba. The existence of such parallel list of candidates in Anambra State PDP  in 2003 produced such cases as Uba v Ukachukwu and Ukachukwu v. Uba which consumed the career of  many Justices of the Court of Appeal,including Justice Okechukwu Opene (JCA). The cases of Abana v. Obi, Enemuo v. Duru as well as that of Hon. Jerry Ugokwe that took an appeal to the ECOWAS Court of Justice as a ploy to buy more time, all emanated from Chief Uba’s action. By the time the curtain was drawn on the elections of 2003 and its related cases, not less than four judges both at the High Court and the Court of Appeal had lost their jobs as a result of their conducts in the cases in which Chris Uba had interest…

    In the primaries that led to the Governorship election of 2013 in Anambra, Chris Uba re-enacted his act when he took his brother and Governorship aspirant, Senator Andy Uba to conduct their own primary election at a different location while the rest of the aspirants were at another properly designation venue participating in a lawful primary election under the supervision of Governor Shema of Katsina State duly designated by the PDP National Executive Committee (NEC) for that purpose. The outcomes of the parallel primaries were subject matters of litigation that ended at the Supreme Court. Just as in Emeka v. Okadigbo, Lado v. C.P.C and others, the Supreme Court pronounced that Senator Andy Uba did not participate in the primary election conducted by the PDP and would not have won such a primary election in which he did not contest and can, therefore, not become the candidate of PDP in the said election.

    Comrade Tony Nwoye  was declared nominated as the candidate of the party in that election. It would have been expected that Chris Uba and his collaborators would have learnt a lesson from their selfish acts and the subsequent judgment of court that kept Senator Andy Uba out of an election he would have likely won to become the Governor of Anambra State.

    It seems, however, that the lessons of that great event was lost on the self-styled “war Lord”.

    Again, when the whistle was blown for the primary election to nominate the candidates of the PDP for the National Assembly election to be held in this year, the PDP and Chris Uba went their divergent ways. At all the dates of the primaries, Chris Uba purported to have conducted his own primaries at separate venues from that conducted by the NEC of PDP,  not many people took Chief Chris Uba serious as it was believed by many that he would soon fizzle out, but a new twist attended the whole saga on Wednesday, January 14, this year, when it was confirmed that the INEC  had published the ‘list’ submitted to it by Chief Uba as the list of PDP candidates for the National and State Assembly elections in Anambra as against the authentic list of candidates of PDP submitted by the National Chairman and Secretary of the party, which is a product of a lawful exercise, a result of party primaries conducted under the supervision of the party.

    Not a few people have been dumbfounded at seeing this direct affront on democracy. The people of Anambra, particularly, the PDP family has since then been thrown into great wonder, amazement and mourning. The question on every lip is: “What went wrong with our legal order as to hand the people of Anambra and their rights to choose their leaders over to Chris Uba”?

    The INEC has a ready defence for publishing the said Chris Uba’s list of candidates. According to INEC, it is obeying what was termed a judgment of a Federal High Court sitting in Abuja, which had declared in November, last year that the tenure of one Ejike Oguebego was subsisting as the chairman of PDP  in Anambra.

    It further declared that it was only the list of candidates produced by the said state  executives  of  PDP in Anambra that should be accepted and published by the INEC and no other. If the said judgment is couched as it is rumoured, then INEC may be justified in publishing the Chris Uba list of candidates because a judgment, no matter how perverse, stands until it is set aside on appeal.

    However, it is worrisome that among the reasons given for the acceptance of the Chris Uba list of candidates is that it was the primaries conducted by Chris Uba and Ejike Oguebego that INEC officials monitored.

    If one understands the provisions of the Electoral Act 2010 (as amended) on the monitoring of political party activities, it is the national leadership of the party and not its state chapter that relates with INEC on political party activities. How did INEC prefer to monitor the primaries conducted by Ejike Oguebego and Chris Uba and failed to monitor the one conducted by the NEC of PDP through its National Working Committee?

    It is instructive that the INEC has not treated the rest of the 35 state chapters of the PDP as it treated the Oguebego and Chris Uba-led state chapter in Anambra, if the Commission had done that, it would have ended up dealing with 37 political parties in PDP alone. What if it had applied the same yard stick to every political party, the result would have been unimaginable.

    As for the judgment of the Federal High Court, Abuja, the matter is still subjudice and would have been decided if not for the industrial action embarked upon by Judiciary workers. However, interested Nigerians have found it difficult to believe that a court of law that ruled last  October that one Kenneth Emeakayi was the state Chairman of PDP, Anambra and that his tenure elapsed  in that month could turn in another breadth and rule that Oguebego is the Chairman of the same PDP, in the state,  that his tenure is subsisting. Unless there is a provision in the relevant laws of the party under which the two purported chairmen held office concurrently or that Oguebego was elected after the tenure of Emeakayi elapsed in October,2014, then the said judgments of the same court are irreconcilable and ought to be re-examined thoroughly.

    Assuming without conceding that the tenure of Oguebego is still subsisting, an examination of the PDP Constitution and Electoral Act, 2010 (as amended), as well as the guidelines for PDP primaries reveals that it is not the state chapter of a political party,  rather it is the NEC that conducts primary election to nominate the candidates of that party.

    Time is ticking away on the Anambra saga. On  December 15, last year, the National Chairman of PDP, Alhaji Mu’azu wrote a letter to the chairman of INEC restating to him the obvious fact that it was the candidates on the list of candidates submitted to INEC, signed by the National Chairman and Secretary of the party as approved by the PDP  NEC through its National Working Committee (NWC) that are authorised to stand for elections on the platform of the party.

    What would happen if this empasse is not resolved before the next month’s elections is yet to be imagined. Head or tail, the relevant institutions, including the PDP, INEC and the Judiciary have all contributed in one way or the other to encourage Chris Uba in his democratic activities. It is these same institutions that would put him in permanent check otherwise the said activities are heating up the polity and are challenging the foundations of our democratic experiment seriously.

     

     

     

     

  • 2015: ‘Jonathan, Buhari, others cannot be substituted unless..’

    2015: ‘Jonathan, Buhari, others cannot be substituted unless..’

    Political parties can no longer replace their presidential candidates ahead of the 2015 general election, unless in the case of death, according to the Electoral Act.

    The same applies to candidates for the National Assembly.

    According to the electoral act, Tuesday, December 30 is the last day for political party to substitute or withdraw any candidate.

    Section 35 of the electoral act 2010 as amended, provides ‎for not later than 45 days for parties and candidates to make up their minds for the presidential and National Assembly election.

    The provision reads: “A candidate may withdraw his candidature by notice in writing signed by him and delivered by himself to the political party that nominated him for the election and the political party shall convey such withdrawal to the Commission not later than 45 days to the election.”

    Section 36 (1) states however that “if after the time for the delivery of nomination paper, and before the commencement of the poll, a nominated candidate dies, the chief national electoral commissioner or resident electoral commissioner shall, being satisfied of the fact of the death, countermand the poll in which the deceased candidate was to participate and the Commission shall appoint some other convenient date for the election within 14 days.”

    Consequently, the Peoples Democratic Party (PDP) and the All Progressive Congress (APC) cannot replace President Goodluck Jonathan and Gen. Muhammadu Buhari as flag bearers respectively except for death in the forthcoming presidential election.

    The story is however not the same with the governorship and state assembly candidates who still have up till, January 13, 2015 to either withdraw or to be substituted.
    The presidential and national‎ assembly election is billed to hold on February 14, 2015, while that of the governorship and state assembly holds February 28.

     

  • Senate rejects presidential debates

    Senate rejects presidential debates

    The Senate on Thursday rejected a proposal that makes presidential debates mandatory before any election.

    However, the upper chamber passed some amendments to the Electoral Act.

    It also gave the Independent National Electoral Commission (INEC) freedom go determine the procedure for voting at an election.

    The rejection of presidential debates was contained in the report of the Senate Committees on the Review of the 1999 Constitution and the INEC entitled: “A Bill for an Act to amend the Electoral Act, 2010 to provide for tenure of office of Secretary, power to issue duplicate voters card, determine voting procedure and for other related matters, 2014” which was presented by Senate Leader, Victor Ndoma-Egba, at plenary.

    Also discarded was the proposal that sought to place the responsibility of proving the regularity or otherwise of any election on the INEC.

    The committees said its position was that the burden of proof on electoral irregularities during election should be on the petitioner.

    The report of the committee reads in part: “On the other hand, a number of proposals were rejected by the committees. Some of the proposals rejected are:

    “Senate Bill 297 – (Sought to vest the responsibility of proving the regularity of any election on the Independent National Electoral Commission). The Bill was rejected in its entirety as the committees were of the view that in law, the burden of proof lies with the petitioner.

    “Senate Bill 266 (Amendment of Section 25 to empower INEC to conduct elections into the office of the President, Governor, Senate, House of Representatives and State Assemblies on the same day) – The Committees  were unanimous in the opinion that INEC presently lacks the capacity to manage an electoral exercise of that scale in a single day.

    “Senate Bill 379 (Amendment of Section 28 – to provide alternative authority for officers to swear oath of neutrality). This was rejected as it was already covered in Bill 455.

    “The Senate Bill 379 (Amendment of Section 87 to empower INEC where a political party fails to comply with the provisions of the Constitution or Electoral Act, to exclude the nominated candidate of that party from the list of nominated candidates for the election.

    “The Committees were of the view that the court is the appropriate forum to determine the regularity or otherwise of a party primary.”