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Tag: Inec

  • 2015: Tambuwal urges INEC to emulate Yobe SIEC

    2015: Tambuwal urges INEC to emulate Yobe SIEC

    House of Representatives Speaker Aminu Tambuwal yesterday called on the Independent National Electoral Commission (INEC) to get ready for the 2015 polls.

    Tambuwal gave the advice in his New Year message signed by his Special Adviser on Media and Public Affairs, Malam Imam Imam.

    He praised Yobe State Independent Electoral Commission for conducting a peaceful and credible election worthy of emulation.

    “The lesson in what happened in Yobe should not be lost on all of us in spite of the security situation in the state and operating under the State of Emergency,” he said.

    He appreciated the role played by the government and people of the state as well as security agencies to ensure that the election witnessed massive turn out and was concluded peacefully.

    “The determination of the government and people of Yobe State to have democratic structures at the grassroots played a huge part in ensuring the success of the exercise.

    “It should not be lost on all of us that when all hands are on deck, and with sincerity of purpose, we can achieve success together.

    “I commend the security agencies, the government and people of Yobe State for setting an example worthy of emulation,” the Speaker said.

    He urged Nigerians to remain positive about the country, and prayed to God for a prosperous and peaceful 2014.

  • INEC plans presidential poll, others for Jan. 2015

    INEC plans presidential poll, others for Jan. 2015

    Commission to lift ban on campaign Sept. 2014

    Barring any last-minute change of plan, the Independent National Electoral Commission (INEC) will lift the ban on campaigns either in August or September, next year.

    The commission is contemplating conducting all elections, including the presidential poll, between January and February 2015.

    All political parties are expected to submit lists of candidates they propose to sponsor not later than 60 days before the date appointed for a general election.

    The parties may have either late October or November 2014 deadline to submit their lists of candidates.

    INEC has started preparations for the 2015 elections, beginning with the issuance of permanent voters’ cards and putting in place card readers.

    A major challenge before INEC, however, is getting set for the general election, which will come up between January and February 2015.

    A source, who spoke with our correspondent, said there was no doubt that the campaign for offices in 2015 will kick off in 2014.

    The source said INEC was trying to adopt the recommendation of the Justice Muhammadu Uwais Electoral Reform Committee to conduct elections early to allow time for litigation.

    The source said: “I think all things being equal, the commission may allow campaign for offices to begin either in August or September 2014.

    “We are not pretending that we are going into a year of preparations for elections. At least a substantial part of half of the year will be countdown to the 2015 elections.

    “The parties need to conduct primaries before they can submit the list of candidates to the commission. So, there must be campaign.

    “August or September campaign kick-off appears to be the most visible timeframe since Section 31 of the Electoral Act allows a party to submit its list of candidates at least 60 days to the poll.

    “We are also aware that politicians might take advantage of some elections in some states to begin campaigns in earnest. What we will do is that we will enforce the law strictly to avoid the process being muddled up.”

    The source also said Section 99(1) of the Electoral Act 2010 (As Amended), allows INEC to allow campaign at least 90 days before any poll.

    The Section says: “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.”

    The source said as soon as INEC comes up with a clear picture of its plans, the parties would be notified of the allowable campaign period.

    The source said: “We are planning to hold elections between January and February 2015. The luck we have is that the Electoral Act provides a window for INEC to determine the dates to fix for elections.

    “If you look at Section 25 of the Electoral Act, INEC is expected to organise elections 150 days or 30 days before the expiration of the tenure of office of any holder.”

    The Section, which applies to all political offices, reads: “An election to the office of the President (as applicable to all offices) shall be held on a date to be appointed by the Independent National Electoral Commission in accordance with the constitution and this Act.

    “An election to the said office of the President (as applicable to all offices) shall be held on a date not earlier than 150 days and not later than 30 days before the expiration of the term of office of the last holder of that office.”

    Responding to a question, the source said the Electoral Act says “every party shall, not later than 60 days before the date appointed for a general election, submit to the commission in the prescribed forms, the list of candidates the party proposes to sponsor at the elections, provided that the commission shall not reject or disqualify candidate(s) for any reason whatsoever.”

    Chief Press Secretary to INEC chairman, Mr. Kayode Idowu, said: “The 2015 elections will be held between January and February 2015. We are projecting towards that.

    “We are determined to make all elections as transparent as possible.”

  • Gaidam swears in council chairmen

    Gaidam swears in council chairmen

    •Nyako hails election

    Seventeen local government chairmen elected last Saturday in Yobe State yesterday took their oath of office.

    The 17 chairmen and 178 councillors were elected on the platform of the All Progressives Congress (APC).

    The ceremony, which took place at the new State Cultural Centre, witnessed a huge crowd, which turned out to felicitate with their leaders.

    Governor Ibrahim Gaidam said the smooth conduct of the poll has proved wrong those who spread falsehood about the state’s security situation.

    “It is unfortunate that those who do not wish the state well tried to undermine government’s democratic disposition and respect for the rule of law by disseminating false information on its security situation.

    “It is also an indication that the remarks by the Independent National Electoral Commission (INEC) chairman that the 2015 elections may not hold in states under emergency rule is unfounded and mischievous.”

    The governor described the victory of the APC as an indication that Yobe is home to the APC, adding that the Peoples Democratic Party (PDP) is dead in Yobe State.

    The governor urged the chairmen to ensure that the people enjoy good projects, such as schools, health, good water and farming input.

    He called on the chairmen to obey their oath, by imbibing transparency, accountability and justice.

    Chairman of Gujba Local Government Kyari Batarama, who spoke for his colleagues, promised that they would not let the people down.

    Adamawa State Governor Murtala Nyako yesterday praised the people for the success of Saturday’s local government elections in the state.

    The governor spoke in a statement by his Director of Press and Public Affairs, Malam Ahmed Sajoh, in Yola.

    The governor said the peaceful conduct of the poll had laid to rest doubts about the possibility of conducting the 2015 elections in Yobe, Borno and Adamawa.

    Nyako said: “The massive turn out of voters and the peaceful manner the process was conducted has proved sceptics wrong about the possibility of conducting 2015 election in Borno, Yobe and Adamawa states.”

    The statement urged those “Abuja Politicians” to stop misleading the Presidency, INEC and security agencies about the situation in the affected states.

  • ‘Jega, apologise to Yobe people’

    ‘Jega, apologise to Yobe people’

    The Network of Civil Society Organisations in Nigeria has called on the Chairman of the Independent National Electoral Commission (INEC) Prof. Attahiru Jega to apologise to Yobe people over his statement that the state is unsafe to hold election in 2015.

    National Coordinator and Team Leader Kalu Victor noted that since the council poll was conducted under a peaceful atmosphere, Jega ought to apologise to the people.

    The group praised the electoral body for the arrangement and distribution of materials, which it observed, was fair and satisfactory.

    It hailed the efforts of the security agents for ensuring and maintaining peace throughout the election.

  • INEC won’t stagger 2015 polls, says Lagos REC

    INEC won’t stagger 2015 polls, says Lagos REC

    Lagos State Resident Electoral Commissioner (REC),

    Dr Adekunle Ogunmola, yesterday said the Independent National Electoral Commission (INEC) will not stagger the 2015 general elections to avoid the problems it encountered in Anambra State last November 16.

    In an interview with the News Agency of Nigeria (NAN), Ogunmola said the problem the INEC faced during the Anambra election was a blessing in disguise.

    The REC was reacting to calls by some people that the 2015 polls be staggered.

    He said: “We are not staggering elections in 2015; having problems in Anambra does not mean that we will not be able to handle the 36 states of the federation plus the Federal Capital Territory (FCT).

    “In fact, it is going to be a lot easier for us. But I want to say that I see the problem associated with the Anambra election as a blessing in disguise because we were thinking that it was going to be error-proof.

    “And that would have made us to be a little bit complacent, thinking that everything was okay.

    “We see this as an eye opener, and it has compelled us to crosscheck our crossed T’s and dotted I’s again.

    “Beyond that, we need to also point out that there is the problem of the people, who constitute electorate, being nonchalant about checking their names during the display.”

    On voter register, Ogunmola said the INEC had begun the de-duplication of double registrants ahead of 2015.

    According to him, the number of registered voters in Lagos will drop.

    Ogunmola said: “The figure for Lagos is going to drop because double registration will be removed and when we display, people will now be able to see whether their names are still there or not.”

    The REC gave assured that continuous voter registration would afford the electorate the opportunity to register so that their data would be recorded.

    He said those who registered twice, following the commission’s instructions to them, would not be penalised but given the opportunity of registering normally to capture their genuine details.

    On voter apathy, the commissioner noted that it would not solely be the responsibility of the INEC to remove apathy, as witnessed in Anambra.

    “The contestants and the parties are looking for votes, so they should also be involved in mobilising people for elections,” he said.

    Ogunmola said the commission would do its best to have a free and fair election.

    He said: “Most of the funds we demand for elections are spent on training and educating our officers on how to enlighten the people.

    “That is why I do not blame people who are complaining about the amount the INEC estimated for the 2015 elections, because they have little knowledge about its operations.”

  • Nigeria needs rescue mission, say APC governors

    Nigeria needs rescue mission, say APC governors

    ll Progressives Congress (APC) governors yesterday said the economy is in danger and the nation needs a rescue mission.

    They said democracy is under threat and urged Nigerians to prepare to shape their destiny as from 2014.

    The governors, who made their position known in a Christmas message in Abuja by the Progressive Governors’ Forum (PGF), urged Nigerians not to lose hope.

    The statement reads: “Our national economy has crashed to a level that is hardly explainable by rational economic theories. The common scorecard shows a nation that is efficient in mismanaging unmatched resources and wanton profligacy. Reversing this trend is not a mission that any group can accomplish alone. It requires the support of Nigerians.

    “It is a difficult task, but we are confident that with your support, we shall seize the initiative and return Nigeria to a land where votes count and where the government will be accountable to the governed.

    “After 14 years of democracy, our electoral system has continued to be a major source of national disappointment. The elections in Delta and Anambra states have clearly rolled back the small progress that was recorded in Edo and Ondo states. With the state of emergency in Adamawa, Borno and Yobe and the declaration by the Independent national Electoral Commission (INEC) that it will not be able to conduct elections in those states, democratic rule in the country is under threat and all democrats must rise to the occasion and save our democracy.”

    Condemning the Peoples Democratic Party’s (PDP’s) “insensitivity” to the security of life and property, the governors said: “The hard and incomprehensible reality is that the Presidency, Federal Government and PDP have become reckless, dishonest and completely insensitive to minimum requirements of protecting Nigerians.

    “The government, as far as the conduct of the Federal Government shows, is all about the political aspirations of functionaries of government, notably Mr. President. This is unfortunate and the consequence is the increasing wave of both intra-party and national political crises, without any visible demonstration of capacity by the federal government and the ruling party to manage or resolve the crises.”

    They advised Nigerians not to lose hope and assured that APC would make a big difference.

    The statement added: “Together with our party leadership, we reaffirm our unflinching commitment to move Nigeria forward. The nation cannot continue to be run the way it has been since 1999. Something must give. True, the resilience of Nigerians has been tested severally by the antics of a government that has continually defrauded the people at the ballot box and continues to play politics with ethnic and religious sentiments while proffering no solutions to tackle insecurity, poverty and unemployment, yet, it is not the people, but this government, that must give way.”

    APC governors said the merger of opposition parties was part of steps to rescue the nation from its abyss, adding: “There is no doubt that the merger of opposition parties today represents a major source of hope for the nation and our people are full of expectations that the APC, its leadership, elected representatives and governments will take the right measures to move the country away from the multitude of crises, halt the current movement towards collapse, restore the credibility of institutions of governance at all levels and respect and recognise the value of the human person. This demands that all political leaders be ready to make sacrifices.

    “We acknowledge and commend our party leadership for demonstrating high resolve to set aside all their personal positions and aspirations to provide the needed leadership to unite all Nigerian progressives.

    “As progressive governors, we are proud of the achievements of our party and will continue to support our leaders towards rescuing our dear nation, Nigeria.”

    Recommending a national reconciliation agenda for the nation, the governors said: “Given the severity and intensity of the crises facing our dear nation, it is clear that rescuing Nigeria will have to commence with a strong commitment to a national agenda of reconciliation to resolve grievances of citizens and bring forth a clear roadmap for nation building founded on respect for our diversities.

    “Such a commitment should be founded on the principles of acknowledging the deep-seated anger of citizens and recognising that it is a product of injustices over years of bad governance. As a result, governments at all levels at different times have infringed on the rights and liberties of citizens. Citizens have, in turn, been abused and, in many instances, violated. It is the view of the PGF that reconciliation, founded on the principles of forgiveness, with governments demonstrating a strong commitment to break away from the past culture of infringements, must form the foundation of a new Nigeria.”

  • ‘Let’s adopt 1960 Constitution and parliamentary system’

    ‘Let’s adopt 1960 Constitution and parliamentary system’

    Afenifere chieftain Senator Olabiyi Durojaiye spoke with Assistant Editor LEKE SALAUDEEN on the proposed national dialogue, Afenifere crisis, insecurity in the North, the threat by the electoral commission to postpone elections in the troubled Northeast states in 2015, and its implications for democracy.

    President Goodluck Jonathan has declared that the national Ccnference will hold in 2014. Don’t you think that it will coincide with the preparation for 2015 general elections?

    Without being a prophet, one can visualise that something will give way. Either the conference will not be properly conducted for lack of time and concentration or that the people would be forced to ask for a tenure extension in order to do a thorough job on such a monumental and fundamental national assignment.

    I once participated in a constitution making exercise in a setting that was more orderly and peaceful than now. That was the 1998/89 Constituent Assembly, to draft, to debate and produce a Constitution for the country. The Assembly work took nearly nine months to complete. We went to examine and debate clause by clause a draft constitution earlier prepared by professionals/expert legal draftsmen to produce the 1989 constitution. That straight forward exercise took about nine months to complete.

    Mr President may be smarter than some of us might imagine by luring those of us who have been clamouring for constitutional conference, right from our NADECO and Afenifere hey days to go headlong into constitution conference in 2014, which will be a very busy year for party congresses, national conventions and campaigns for the early 2015 elections. On the face of it, we would be “estopped”, having clamoured for the national conference for so long, only to turn around to say we don’t want it. Mr President had shown a deft hand at this chess-like type of game. It is like boxing us into a corner to say no to what we have been clamouring for over three decades.

    But, we would be a foolish fish to take the bait and the hook together because we must not bite than we can chew.

    There is no way we can complete the job. For the while essence of the conference is for the people in their various ethnic nationalities and clans, professions and vocations to come round and deliberate on how best we can live together in a modern democratic society based on a true federal setting where residual powers are vested in the federating units. For what we have today is a unitary form of government under the guise of being a federal republic.

    The dilemma is the unfortunate fact that in our own clime, which is unlike the established democracies like Britain or the United States, where certain state policies are pursued by whatever political parties take over after an election. For instance the state policy of Britain towards the European Common Market has never altered despite the change of government from Conservative to Labour back to Conservative. Similarly, U.S policy towards Israel and Britain has been virtually the same, whether Republicans or Democrats are in power.

    Now that you have said the delegates to the national conference would not have enough time to do a thorough job, what do you suggest?

    It is tempting to suggest that the national conference be postponed to the latter part of 2015. To avoid such a volte face and the risk involved in it is to suggest that the government should adopt the 1960 Constitution, the draft of which was debated and agreed by the founding fathers of this nation, that is the Azikwes, the Awolowos, the Sardaunas, the Balewas,the Aminu Kanos, the Anthony Enahoros etc.

    Fundamental issues such as true federalism, residual powers in the federating units, derivation and resource control have been well thrashed out in the 1960 Constitution. What the new constitutional conference will do is to modify the fundamental basics already settled in the 1960 Constitution and making adjustment to take care of major environmental changes such as three regional governments and a federal government and over 35 million people. We should now have six geo-political grouping or states and one federal government now that we are about 150 million people.

    Although the 1960 Constitution is a parliamentary one , the proposed national conference should be charged to consider returning to parliamentary system of government which is believed to be less expensive, less corruption-prone than presidential system we have practised for many years.

    The PRONACO headed by late Chief Enahoro also produced a draft constitution that may be worth considering being based on the 1960 Constitution.

    The Chairman of Independent National Electoral Commission (INEC) has declared that elections may not hold in Borno, Yobe and Adamawa states, unless the security situation there improves in 2015. Is it right to disenfranchise the people?

    A prudent man needs to be very careful in castigating aspersion on what others say. There must always be a benefit of doubt that the person one is criticising may have some facts known to him, which may be unknown to the critic. Having said this, I find it difficult to agree with the alleged statement of the INEC Chairman knowing that Boko Haram even exist before the 2011 elections. Why didn’t he say because of terrorists’ threat/Boko Haram activities in Plateau, Kaduna and other parts of the country where Boko Haram activities had already manifested before May 2011, there should be no election. Technically, postponing election in the three states amounts to disenfranchising the majority of the citizens from those parts of the country. Since everyone in those areas could not be Boko Haram terrorists, it stands reason to believe that only a few people are terrorists. They are in minority and government cannot because of that deny law abiding majority in those states their constitutional right to vote and be voted for.

    Another issue is to ask whether it is not the responsibility of government to maintain law and order as well as to ensure security of live and property of every citizen. A famous political philosopher, Thomas Hobbes opined that a man is supposed to live in an organised society where law rules but the life of a man who lives outside an organised society is short, nasty and brutish. It could appear to be an admission of failure of government or any of its strategic agencies to deny the people of their right for the inability of government to provide security, law and order.

    One doubts, if the INEC Chairman could have made such a far reaching statement without clearance from government . Another inference that is obvious is that government may be planning to allow election in only areas where it can win since these three states happen to belong to the opposition party- All Progressives Congress (APC). The government should come out to dissociate itself from the INEC Chairman’s statement.

  • 2015 polls: Adamawa, Borno, Yobe’s fate hangs

    2015 polls: Adamawa, Borno, Yobe’s fate hangs

    The Chairman of the Independent National Electoral Commission (INEC), Prof. Attahiru Jega, has declared that elections may not hold in three Northeast states in 2015, owing to the security challenges. Assistant Editor LEKE SALAUDEEN examines the implications of the proposed fractional elections for democracy.

    Perilous times are around the corner for democracy in Nigeria. The Independent National Electoral Commission (INDEC) has alerted that, unless the Boko Haram insurgency is nipped in the bud before 2015, elections may not hold in the troubled spots in the North. Its Chairman Prof. Attahiru Jega, ruled out elections in Borno, Yobe and Adamawa states, if the security challenge persists. He said the commission may be compelled to postpone or cancel elections in the affected areas.

    Already, the Federal Government has declared a state of emergency in the three Northeast states due to the Boko Haram insurgency.

    According to the 2011 voters register, the Northeast has over 10 million voters. The three states under the emergency rule have 5.5 million registered voters. Borno is credited with 2.2 million voters; Adamawa 1.7 million and Yobe 1.1 million.

    The implication of the INEC decision not to hold election in the three states, if the security situation does not improve, is that voters in the troubled stateswould forfeit the right to elect their governors, federal and state lawmakers. Another implication is that the three states would not participate in the presidential election. The question is: can the presidential election be conclusive, if the three states are excluded? Also, will the President appoint administrators for the states in 2015?

    Analysts agree that peace is a pre-requisite for a free, fair and credible election. This is because voters should be able to move freely to cast their votes on election day without fear or intimidation. Critics say Jega’s warning was too early. They noted that the state of emergency, which was renewed for six months on November, is expected to expire in April next year. The 2015 general elections will hold between January and February, eight months after the expiration of the emergency period. Is INEC predicting that the emergency period will be permanent?

    Another school of thought has submitted that the umpire has accorded prominence to the dreadful sect over and above national sovereignty, instead of encouraging the Federal Government to create an environment devoid of violence.

    A lawyer, Chief Niyi Akintola (SAN), said Jega’s statement is a signal that there is danger ahead of 2015. “It is a wake-up call on the leaders to speak out on the situation in the country”, he said. Akintola said that if a fractional election holds in 2015, democracy will be in jeopardy. “The statement is very unfortunate. If the INEC Chairman can say that elections would not hold in certain states in 2015, especially when those states are controlled by the opposition, then, we are getting the results of the presidential election, ahead of 2015”, he added.

    The legal luminary urged Nigerians to resist the move, saying that it is a bad omen. “The leaders of this country must speak up and call Jega to order. The 2015 elections is very crucial to the survival of this country. We should not sit on the fence and allow political charlatans and their official collaborators to plunge this country into chaos”, he advised.

    Another lawyer, Ajibola Bashir, expressed a similar view. “Does it mean the security situation in those states would not change before 2015? Will there be no governors in those states after 2015? Does the state of emergence cover every part of the three states in question?”, he queried.

    Bashir challenged Jega to tell Nigerians whether the poll can be credible, if some states are excluded. He said the umpire made the statement without sparing a thought for democracy. “It appears he didn’t make consultation with his legal advisers before making such a sensitive statement. Nigerians should watch the body language of the INEC, considering its role in the Delta senatorial by-election and the bungled Anambra State governorship election. The INEC officials may be acting the script of a political party for 2015”, he said.

    A lecturer at the University of Lagos, Akoka, Dr David Aworawo, submitted that Jega had led out the cat from the bag by sensitising the polity on what it is required by the government to perpetuate itself in power. He said the electoral agency was offering to the government an excuse to postpone the poll and achieve tenure elongation.

    “Now that Jega has given a condition that, unless security situation changes in the Northeast zone, the commission would not conduct elections in the affected states, the media should continuously put the security challenge in the North on the front burner and put pressure on government for an improvement. If Jega had not raised the issue now, it would have taken us unaware in 2015 and that could have led to catastrophe”, he added.

    A banker, Malam Bukar Shuaib, said he was not surprised by the statement made by the INEC boss. “We in the Northeast know that President Goodluck Jonathan has a motive other than the restoration of peace in declaring a state of emergency in the three states”, he said.

    Bukar said the Federal Government may not lift the emergency rule before the 2015 elections for political reason. “The three states are governed by the opposition party. If elections are not held in those states, it would be to the advantage of President Jonathan and his party, the Peoples Democratic Party (PDP). I won’t be surprised, if the President declares a state of emergency in states like Kano and Sokoto before 2015 to decimate the fortunes of the All Progressives Congress (APC).

    “I don’t know how the INEC would conduct the presidential election without some states participating and come up with a result that would reflect the decision of every part of the country. Both the Federal Government and the INEC should know that Nigerians are very sensitive about the 2015 elections. Any attempt to rig or bungle the election would be resisted”, he added.

    Afenifere chieftain Senator Olabiyi Durojaiye disagreed with the INEC, saying that its fear about insecurity in the Northeast is unfounded. He said that any attempt to postpone elections in the states amounts to disenfranchising a section of voters from the zone. The politician said that not everybody in the states are members of the Boko Haram sect.

    “Only a few people are terrorists. They are in the minority and the government cannot because of that deny the law abiding majority in those states the right to vote and to be voted for”, he said.

    Durojaye said that the fundamental duty of government is to provide security of life and property and maintain law and order among the people, adding that the corresponding duty of citizens is to obey the law and discharge their civic responsibilities.

    The security situation in the North, the politician said, appears to be an admission of failure of government, urging the President to rise to the occasion.

    A youth activist, Shehu Danjuma, said the INEC should not hide under the state of emergency to disenfranchise the people. He said the latest pronouncement of Prof Jega was in tandem with the familiar strategy of the Federal Government to prolong insurgency in the Northeast.

    According to Danjuma, the plan is to prolong the emergency rule and use it as an excuse to disenfranchise voters in that zone because the government knows it cannot win a free and fair election in those states.

    The youth leader urged the Federal Government to resolve the crisis in the Northeast and the country in general. “We need a peaceful, free and fair election in 2015. We will resist any attempt to disenfranchise Nigerians under any guise. Instead of disenfranchising citizens for no fault of theirs, the Federal Government should tackle insecurity in the North”, he added.

  • Defection: We can’t declare Reps seats vacant, INEC tells PDP

    Defection: We can’t declare Reps seats vacant, INEC tells PDP

    Pressure mounted by the Peoples Democratic Party (PDP) on the Independent National Electoral Commission (INEC) to declare the seats of the 37 Reps who recently defected to the All Progressives Congress (APC) has met with rebuff from the commission.

    The electoral body has told the ruling party that it is not within its powers to take such an action.

    Speaking to The Nation on the matter, the Chief Press Secretary to the Chairman of INEC, Kayode Idowu, said that in the first place the commission was yet to receive any letter from the PDP on the defected lawmakers.

    He also explained that it is not the duty of the commission to declare the seats of lawmakers vacant in whatever circumstance.

    “Honestly, I am not aware of any such letter. I sincerely don’t know anything about it. But let me also add that it is not the job of INEC to take such a decision. INEC is not the one to declare seats of elected public office holders vacant. That is not what the law says and I can tell you that INEC is not going to do that,” he said.

    Special Adviser to the President on Political Matters, Mr. Ahmed Gulak, had been quoted in a newspaper interview that the PDP had written to INEC and the Speaker of the House of Representatives, Aminu Tambuwal, to declare the seats of the 37 Reps vacant.

    Details of the letter dated December 19, 2013 emerged yesterday.

    The embattled National Chairman of the party, Alhaji Bamanga Tukur, the National Secretary, Professor Wale Oladipo, and the National Legal Adviser, Victor Kwon, who signed it asked INEC to immediately conduct elections into the affected constituencies following the defection of its members to the APC.

    The PDP, they claimed, has no factions and consequently the defectors argument that they left on account of factionalism holds no water.

    They said: “the Constitution of the Federal Republic of Nigeria in section 68 (i) (g) clearly spell out the consequences of cross carpeting when there is no division in any party. We wish to re-emphasize here that the Courts have pronounced, and INEC has concurred that there are no factions in the PDP.”

    Section 68 (1) of the 1999 Constitution provides thus: “A member of the Senate or of the House of Representatives shall vacate his seat in the House of which he is a member if –

    (a) he becomes a member of another legislative house.

    (b) any other circumstances arise that, if he were not a member of the Senate or the House of Representatives, would cause him to be disqualified for election as a member;

    (c) he ceases to be a citizen of Nigeria;

    (d) he becomes President, Vice-President, Governor, Deputy Governor or a Minister of the Government of the Federation or a Commissioner of the Government of a State or a Special Adviser.

    (e) save as otherwise prescribed by this Constitution, he becomes a member of a commission or other body established by this Constitution or by any other law.

    (f) without just cause he is absent from meetings of the House of which he is a member for a period amounting in the aggregate to more than one-third of the total number of days during which the House meets in any one year;

    (g) being a person whose election to the House was sponsored by a political party, he becomes a member of another political party before the expiration of the period for which that House was elected;

    Provided that his membership of the latter political party is not as a result of a division in the political party of which he was previously a member or of a merger of two or more political parties or factions by one of which he was previously sponsored; or

    (h) the President of the Senate or, as the case may be, the Speaker of the House of Representatives receives a certificate under the hand of the Chairman of the Independent National Electoral Commission stating that the provisions of section 69 of this Constitution have been complied with in respect of the recall of that member.

    (2) The President of the Senate or the Speaker of the House of Representatives, as the case may be, shall give effect to the provisions of subsection (1) of this section, so however that the President of the Senate or the Speaker of the House of Representatives or a member shall first present evidence satisfactory to the House concerned that any of the provisions of that subsection has become applicable in respect of that member.

    The federal legislators dumped the PDP on Wednesday and formally joined the APC.

    Their joining the opposition party increased the number of APC legislators in the House from 135 to 172 and left the PDP in the minority with 171 members.

  • Rep blasts PDP over call on INEC to declare seats vacant

    Rep blasts PDP over call on INEC to declare seats vacant

    A member of the House of Representatives, Dr. Ali Ahmad, has blasted the leadership of the Peoples Democratic Party (PDP) over its call on the Independent National Electoral Commission (INEC) to declare the seats of former members of the party who recently defected to the All Progressives Congress (APC).

    Ahmad, who is the Chairman, House Committee on Judiciary, urged his former party to respect the Constitution and court judgment.

    Describing PDP as a lawless party that has no respect for the Constitution, Ahmad in a chat with reporters at the weekend in Ilorin, the Kwara State capital, added, “We went to court knowing that PDP is a lawless party. They do not respect the Constitution.”

    Ahmad, a former University of Ilorin (UNILORIN) law teacher added, “Let them (PDP leaders) bother to read the Constitution. The Constitution says a legislator would lose his seat if he defects, but he would not lose in two circumstances: one, if there is a faction or division or if there is a merger between one faction of a party and the other faction.

    “You see the PDP, they cherry-pick, once it suits them, they interpret a court order to their advantage; if it doesn’t, rather than appeal or seek another judicial interpretation, they interpret it weirdly and act on it, because they have control on use of legal force.

    “I am not talking academically; we have seen it during the Oyinlola judgment in the Court of Appeal. Even the court of first instance ruled that Oyinlola is the Secretary of PDP. The day after, they interpreted it somehow and suspended him thereby rendering the court’s judgment nugatory.

    “In this instance, the court said the second and third defendants, who are the President of the Senate and Speaker of the House of Representatives, are restrained; that the status quo should be maintained especially with regard to these two defendants concerning any attempt to declare the seats of the plaintiffs vacant.

    “And even if the court said the parties should maintain the status quo. Parties should maintain the status quo, full stop. No. It is not a status quo in general. It is specific. It says status quo with regards to declaring the seats of the plaintiffs vacant.”