Tag: Inec

The chairman of the Independent National Electoral Commission (INEC), Prof. Mahmood Yakubu, has emphasised the need for Resident Electoral Commissioners to use their expertise to address recurring challenges that affect the smooth conduct of elections in the country.

During a retreat for new Resident Electoral Commissioners in Lagos, the INEC Chairman highlighted the challenges, including pre-election and post-election litigations, operational issues in logistics, improvement of voter education processes, strategic communication, combating fake news, misinformation, and disinformation.

Other challenges mentioned were inclusivity in the electoral process, voter registration, polling unit allocation, the role of technology in electoral activities, political party issues, recruitment and training of election duty officials, election security, and maintaining a code of conduct.

Prof. Yakubu said the retreat is an opportunity to review performance, reappraise processes, discuss innovations, engage service providers, interface with lawmakers on critical areas of reform and explore new frontiers in the continuous effort to improve organisational capacity for better service delivery.

The INEC boss recalled that the retreat was the 5th retreat organised by the Commission in the last two years, adding that the exercise was held to induct 10 new RECs who have been saddled with the task of conducting re-run elections in a few locations in some constituencies or bye-elections in entire constituencies.

He said: “As I said repeatedly on many occasions, the reality of the work we do in INEC is that there is no election season in Nigeria at all. Elections are held all year round in addition to numerous electoral activities such as voter registration.

Read Also: Tenure of FCT council chairs to end June 2026, says INEC

“Even today’s retreat is holding against the background of forthcoming governorship elections in Edo State in the next 81 days and Ondo State in the 137 days. In addition, there are five pending bye-elections for Babura/Garki Federal Constituency of Jigawa State and four State constituencies: Khana II of Rivers State, Bagwai/Shanono of Kano State, Zaria Kewaye of Kaduna State and Ganye of Adamawa State.

“These outstanding bye-elections bring the total of such elections to 14 since the inauguration of the national and state assemblies in June last year.

“Looking forward, there are four major elections before the next General Election in 2027. The Anambra State Governorship election next year will be followed in 2026 by the Ekiti and Osun State Governorship elections and, I must remind you in case you forget, the Area Council elections in the Federal Capital Territory (FCT).

“Therefore, as we think, reflect and innovate for credible elections, we are also instantly implementing the reforms and innovations that we can introduce by administrative action. Since the election is a process governed by law, we also plan to intensify our engagement with the National Assembly for activities that require legal reform.

“As new RECs, we should focus on how we can acquaint ourselves more with the processes and procedures of the Commission.

“For the veterans, we should leverage on our privileged field experience to contribute on how to mitigate recurring challenges in the areas of pre-election and post-election litigations, operational issues especially in the area of logistics, improvement on voter education processes, issues of strategic communication and combating fake news, misinformation and disinformation as well as inclusivity in the electoral process, voter registration, allotting voters to polling units, the role of technology from pre-election activities to Election Day processes, political party issues mainly arising from leadership crisis and the management of party primaries, the recruitment and training of election duty officials, election security and our own code of conduct.

“In a well-organised retreat such as this one, there is always something new to learn. Upon reflection, there is also a new experience to share with colleagues. However, always bear in mind that the cardinal objective is improved service delivery”.

The Independent National Electoral Commission (INEC) on Friday said the tenure of office of all elected chairmen and councillors in the six area councils of the FACT will come to an end in June 2026, warning those interested in contesting the election to be guided by the provisions of the Law.

Speaking at a meeting with members of the Inter-Party Advisory Council, INEC Chairman, Prof Mahmood Yakubu, said by the provisions of the law, the tenure of office of every elected official begins the day such a person takes the oath of office.

There had been agitations by political parties and candidates interested in contesting the Area Council elections on what they considered delay by the Commission in releasing the time table in accordance with the provisions of the Electoral Act, 2022.

The INEC chairman said that Section 108(1) of the Electoral Act 2022 under which the current chairmen and councillors were sworn-in on 14th June 2022 is clear and therefore unambiguous

According to him, the law states “(1) An Area Council shall stand dissolved at the expiration of 4 years commencing from the date –

Read Also: Edo/Ondo polls: INEC warns against hate speech, arms at campaign venue

(a) when the Chairman took the oath of office; or (b)  when the legislative arm of the Council was inaugurated whichever is earlier”.

Yakubu said “the Commission had earlier received inquiries from some law firms, an individual, a political party and one FCT Chairmanship Aspirants’ Forum.

“Their inquiries are based on the provision of the Electoral Act 2010 (as amended) which was the subsisting law at the time elections to the Area Councils were held on Saturday 12th February 2022. The Electoral Act 2010 (as amended) provides for a three-year tenure for Chairmen and Councillors which, in their opinion, expires next year.

“However, Nigerians are aware that the National Assembly has since repealed and re-enacted the Electoral Act 2010 (as amended) as the Electoral Act 2022. In particular, in the exercise of its powers as the law-making body for the FCT, the National Assembly extended the tenure of the Area Councils from three to four years, thereby aligning it with executive and legislative elections nationwide.

“This is one of the important provisions of the Electoral Act 2022. The Act came into force on Friday 25th February 2022, two weeks after the last Area Council elections in the FCT. By the time the elected chairmen and councillors were sworn-in four months later on 14th June 2022, they took their oath of allegiance and oath of office on the basis of the new electoral Act (i.e. the Electoral Act 2022) which provides for a four-year tenure. Consequently, their tenure therefore expires in June 2026.

“For the avoidance of doubt, tenure is not defined by the date of election but the date of the oath of office for executive elections or the date of inauguration for legislative houses. For the executive, the tenure belongs to the elected individual while for legislators; the tenure belongs to the Legislature.”

The Independent National Electoral Commission (INEC) said on Friday that the tenure of office of all elected chairmen and councilors in the six Area Councils of the FACT will come to an end in June 2026 warning those interested in contesting the election to be guided by the provisions of the Law.

Speaking at a meeting with members of the Inter-party advisory council, INEC chairman, Prof Mahmood Yakubu, said by the provisions of the law, the tenure of office of every elected official begins the day such a person takes the oath of office.

There have been agitations by political parties and candidates interested in contesting the Area Council elections on what they considered a delay by the commission in releasing the timetable for the Area Council election by the provisions of the Electoral Act, 2022.

The INEC chairman said that Section 108(1) of the Electoral Act 2022 under which the current Chairmen and councilors were sworn-in on 14th June 2022 is clear and therefore unambiguous

According to him, the law states “(1) An Area Council shall stand dissolved at the expiration of 4 years commencing from the date –

(a) When the Chairman took the oath of office; or (b)    when the legislative arm of the Council was inaugurated whichever is earlier”.

Yakubu said: “The Commission had earlier received inquiries from some Law Firms, an individual, a political party, and one FCT Chairmanship Aspirants’ Forum. In summary, all the inquiries relate to the tenure of the Area Councils and a demand for the Commission to release the Timetable and Schedule of Activities for the Area Council elections.

“Their inquiries are based on the provision of the Electoral Act 2010 (as amended) which was the subsisting law at the time elections to the Area Councils were held on Saturday 12th February 2022. The Electoral Act 2010 (as amended) provides for a three-year tenure for chairmen and councilors which, in their opinion, expires next year.

“However, Nigerians are aware that the National Assembly has since repealed and re-enacted the Electoral Act 2010 (as amended) as the Electoral Act 2022. In particular, in the exercise of its powers as the law-making body for the FCT, the National Assembly extended the tenure of the Area Councils from three to four years, thereby aligning it with executive and legislative elections nationwide.

“This is one of the important provisions of the Electoral Act 2022. The Act came into force on Friday 25th February 2022, two weeks after the last Area Council elections in the FCT. By the time the elected chairmen and councilors were sworn in four months later on 14th June 2022, they took their oath of allegiance and oath of office based on the new electoral Act (i.e. the Electoral Act 2022) which provides for a four-year tenure. Consequently, their tenure therefore expires in June 2026.

“For the avoidance of doubt, tenure is not defined by the date of election but by the date of the oath of office for executive elections or the date of inauguration for legislative houses. For the executive, the tenure belongs to the elected individual while for legislators, the tenure belongs to the Legislature.

Read Also: Edo 2024: INEC yet to substitute LP deputy governorship candidate

“A President/Vice President-elect, Governor/Deputy Governor-elect, Senator-elect, Member-elect, chairman-elect or councillor-elect cannot exercise the powers of office and draw from the remunerations attached to it until such a person is sworn-in or the legislative house is inaugurated.

“To further illustrate this position, the Commission has since released the Timetable for the 2024 Edo and Ondo State Governorship elections. This does not mean that whoever wins the election in Edo State in September or Ondo State in November will immediately assume office.

“This will only take place after the administration of the oath of office upon the expiration of the tenure of the incumbent holders of the offices. Elections are only held earlier to a avoid vacuum. That is why the Constitution empowers the Commission to hold elections not earlier than 150 days and not later than 30 days before the end of the tenure of incumbent holders of elective offices.

“Again, there are several judicial authorities, including the judgment of the Supreme Court that tenure begins from the date of oath of office and not the date of the election.

“The Law Firms that have written INEC on behalf of their clients ought to have drawn their attention to both the law and judicial pronouncements on the matter.

“You may also wish to note that when the Electoral Act 2022 was signed into law two weeks after the Commission conducted the last Area Council elections in the FCT, the incumbent holders (Chairmen and councillors) challenged us that we conducted the election too early, claiming that the new Electoral Act extended their tenure from three to four years.

“We reminded them that they took their oath of office under the old law before the coming into force of the new Electoral Act. Therefore, their tenure will expire in June 2022.

“I wish to reassure you that we are aware of our responsibilities under the law. Section 28(1) of the Electoral Act 2022 requires the Commission to release the Timetable and Schedule of Activities 360 days (i.e. One year) before the date fixed for the election. It cannot be released two years ahead of the elections.

“As you are all aware, the Area Council election in the FCT conducted by INEC remains a model for Local Government elections in the country. There is stability of tenure for Chairmen and councillors. There has never been a caretaker committee in any Area Council in the FCT. Democratic elections are conducted on a regular basis.

“There is a plurality of electoral outcomes as no single political party has ever won elections in all the 68 Constituencies (six Area Council Chairmen and 62 councilors). We will continue to uphold the sanctity of tenure and improve the credibility of these elections.

“May I, therefore, appeal to all persons with the ambition to contest for the positions of chairmen and councilors in the FCT to be guided by the provisions of the law and judicial pronouncements on the issue of tenure? I also appeal to political parties to enlighten their members accordingly. At the appropriate time, the Commission will release the Timetable and Schedule of Activities for the election.”

Ninety days to the off-cycle governorship elections in Edo state, the Independent National Elrctoral Commission (INEC) is yet to substitute the deputy governorship candidate of the Labour Party (LP) in the state.

The Nation report that the Labour Party in Edo state has protested against the final list of candidates released by the commission, insisting that it met all legal requirements for substituting its candidate.

But the party is hopeful that the commission will replace the deputy governorship candidate before the election through an order from the court.

In the final list published by the commission on April 23rd, Mrs. Faith Oluyinka Alofohai was still listed as the deputy governorship candidate, despite the party’s submission of Barr. Yusuf Kadiri as her replacement.

According to the timetable for the Edo governorship election scheduled for September 21, political parties had until April 15th to replace their candidates or for candidates to withdraw to allow for replacements.

However, by April 23rd, when the Commission published the final list of candidates, the Labour Party had not replaced their deputy governorship candidate.

The state chapter of the party attributed this to a technical glitch from the LP national headquarters.

Section 31 of the 2022 Electoral Act provides for the withdrawal of persons who have been nominated to participate in writing to the Commission.

The section states that “candidate may withdraw his or her candidature by notice in writing signed by him and delivered personally by the candidate to the political party that nominated hi for the election and the political party shall convey such withdrawal to the commission not later than 90 days to the election.

Also, Section 32.(1)states that “the commission shall, at least 150 days before the day of the election, publish by displaying or causing to be displaying at the relevant office or office of the commission and on the commission’s web site, a statement of the full names and addresses of all candidates standing nominating.

(2) Any registered political party that observes that the name of its candidate is missing on the list published in accordance (1) shall notify the commission in writing, signed by its national chairman and secretary, supported with an affidavit not later than 90 days to election.

(3) Failure of the political party to notify the commission in accordance with subsection (2) shall not be a ground to invalidate the election.

Read Also: APC to inaugurate Edo governorship elections campaign councils

(33) A political party shall not be allowed to change or substitute its candidate whose name has been submitted under section 29 of this Act, except in the case of death or withdrawal by candidate; Provided that in the case of such withdrawal or death of a candidate, the political party shall, within 14 days of the occurrence of the event, hold a fresh primary election to produce and submit a fresh candidate to the commission for the election concern.

It was not clear at the time of this report if Mrs Alofohai has written to the commission withdrawing her nomination as required by the Electoral Act, as efforts to reach her for comment failed.

But The Nation observed observed that the governorship candidate of the party, Olumide Akpata has gone about his campaign with Barrister Yusuf as his running mate.

National Publicity Secretary of the Labour Party, Obiora Ifoh told The Nation that they were hoping to get INEC to effect the change through the court.

Asked if the party and it’s candidate were able to get the substitution done, Ifoh said: “He was unable to beat the deadline for substitution. But he is hoping to get it done through the court since the electoral law permits 30 days to the election. The judgement hopefully will be granted in a week’s time.

INEC National Commissioner and Chairman, Information and Voter Education Committee of the Commission, Sam Olumekun, Mini told The Nation that the commission has not effected any change on the published final list of candidates.

In a WhatsApp message, he simply said “Our list is as published in our offices and website”.

The Independent National Electoral Commission (INEC) has warned political parties involved in the off-cycle governorship elections in Edo and Ondo states to avoid the use of hate speech and offensive languages in the conduct of their campaign for the elections.

The Commission also said that parties contesting the election should avoid carrying arms to venue of such campaigns which must be communicated to the Commission and the Nigeria Police, at least 10 days before the campaign.

This was contained in the guidelines for the campaign released by the commission yesterday.

In accordance with the provisions of the Electoral Act, the campaign guidelines also said  all candidates in the election should be allowed access to public facilities for their campaign activities.

A statement by the National Commissioner, Information and Voter Education, Sam Olumekun, reminded parties of the need to adhere to the provisions of the law before, during and after the election.

The statement reads: “Following the publication of the final list of candidates for the governorship elections in Edo and Ondo states, public campaigns have commenced in earnest.

Read Also: INEC warns against hate speech, arms at campaign venue

“Over the years, a recurring problem in Nigeria’s electioneering process has been the use of the power of incumbency to deny opposition parties and candidates access to public facilities for rallies and other campaign activities.

“These include public buildings such as sports stadiums, open spaces in public places, total denial or restricted access to state-owned media (specifically radio and television stations), the imposition of excessive levies and fees for outdoor and media advertising, and even the removal or vandalisation of billboards and posters.

“These actions often result in violent clashes among party supporters and a breach of public peace.

“For the avoidance of doubt, the Commission wishes to reiterate that Section 95(2) of the Electoral Act 2022 prohibits the use of state apparatus to “the advantage or disadvantage of any political party or candidate at any election”.

“Furthermore, under Section 95(3-5), it is obligatory for public media houses to allot equal coverage and visibility to all parties and candidates. Section 95(6) provides sanctions against heads of public media organisations, their principal officers, and other officials for contravention.

“A publication containing the Commission’s guidelines for the conduct of political rallies, processions and campaigns is already uploaded to the Commission’s website (www.inecnigeria.org). For emphasis, the same document is now uploaded to our social media platforms.

“Consequently, the attention of all concerned is drawn to the provisions of the law and the guidelines for strict compliance”.

•  Commission seeks establishment of electoral offences tribunal

The Independent National Electoral Commission (INEC) has lamented that vote buying, hate speech, fake news, disinformation and misinformation are some of the challenges militating against its work.

The spokesman, Rotimi Oyekunmi, while reflecting

Oyekunmi, while reflecting on the conduct of elections since the return to democratic rule in 1999, told The Nation that another major challenge of the commission has been the behaviour of political parties regarding the choice of candidates for competitive offices.

According to him, electoral offenders also pose serious challenge to the Commission, hence the recommendations for the establishment of an electoral offences tribunal that will investigate and prosecute offenders.

He said a review of the 2015 general election revealed that some outcomes were nullified by the tribunals and appellate courts due to candidate disqualification. “It is therefore important for political parties to abide by their constitution in the conduct of primaries by entrenching the culture of internal democracy,’ Oyekunmi noted.

Another issue is the large number of court cases in which INEC is joined as a defendant. According to Oyekunmi, in 2016 and 2017, the Commission was involved in over 454 pr-election court cases, aside the 680 cases determined by the election petition tribunal arising from the outcome of the 2015 general election.

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Closely related to this, Oyekunmi said, is the issue of electoral offenders and attacks on the commission’s facilities and personnel.

He added: “Between 2019 and 2022, INEC offices and facilities suffered 50 attacks across 15 states, 20 of which were perpetrated by unknown gunmen.

“Although, INEC is empowered by the Electoral Act 2022 to prosecute offenders, it lacks the power to investigate or make arrests. The Commission has been cooperating with law enforcement agencies for the arrest and prosecution of electoral offenders, but efforts at mitigating electoral violence can only become effective with the arrest, prosecution and sanctioning of the sponsors and godfathers behind these crimes.

“It is for this reason that INEC proposed the establishment of the Electoral Offences Commission Tribunal which will have the responsibility of prosecuting electoral offenders to enable the Commission to focus on its core mandate of organising and implementing elections.

“However, despite the challenges, the commission has recorded some major improvements in the conduct of elections with the introduction of various forms of technologies such as the BIVAS and IREV, among others.”

Oyekunmi also spoke on steps taken by the commission to review the number of polling units from 119,974 to 176,846, thereby giving more voters access to polling units and reducing the stress associated with elections in past years.

According to him, another innovation that was introduced is the Continuous Voter Registration (CVR) architecture with a dedicated portal for online registration, which was done in response to calls by stakeholders and based on the Commission’s determination to serve Nigerians better by reducing overcrowding at CVR centres.

The Independent National Electoral Commission (INEC) is battling incidences of vote buying, hate speech, fake news, disinformation and misinformation, spokesman to the Commission’s Chairman, Rotimi Oyekunmi, has said. 

Oyekunmi, who was reflecting on the conduct of elections since the return  to democratic rule in 1999, told The Nation another major challenge of the commission has been the behaviour of political parties regarding the choice of party candidates and flag bearers for offices. 

He said electoral offenders are also posing serious challenge which informed the recommendations of the Commission for the establishment of an electoral offences tribunal saddled with the power to investigate and prosecute electoral offenders. 

Buttressing his point, Rotimi said a review of the 2015 general polls revealed that some election outcomes were nullified by the Election Tribunals and the Appellate Courts due to candidate disqualification, adding that it is therefore important for political parties to abide with their constitution in the conduct of party primaries by entrenching the culture of internal democracy.

Read Also: INEC and 25 years of directing Nigerian democracy

He further said that another challenge the commission had to contend with has been the large number of court cases in which INEC is joined by candidates, adding that In 2016 and 2017 alone, the Commission was involved in over pre election 454 court cases in addition to 680 cases determined by the Election Petition Tribunal arising from the outcome of the 2015 general election. 

Closely related to this, he said is the issue of electoral offenders and attacks on the commission’s facilities and personnel.

According to him: “between 2019 and 2022, INEC offices and facilities suffered 50 attacks across 15 states, 20 of which were perpetrated by unknown gunmen. 

“Although, INEC is empowered by the Electoral Act 2022 to prosecute electoral offenders, it lacks the power to investigate or make arrests. 

“The Commission has been cooperating with law enforcement agencies for the arrest and prosecution of electoral offenders, but efforts at mitigating electoral violence can only become effective with the arrest, prosecution and sanctioning of the sponsors and godfathers behind these crimes.

“It is for this reason that INEC proposed the establishment of the Electoral Offences Commission Tribunal which will have the responsibility of prosecuting electoral offenders to enable the Commission to focus on its core mandate of organizing and implementing elections”.

He however said that despite the challenges, the commission has recorded some major improvement in the conduct of elections in the country with the introduction of various forms of technologies such as the BIVAS and IREV among others. 

He also spoke of the steps taken by the commission to review the number of polling units in the country  from 119,974 to 176,846 thereby giving more voters access to polling units and reducing the stress associated with elections in the past years. 

According to him, another innovation that was introduced by the commission is the Continuous Voter Registration (CVR) architecture with a dedicated portal for online registration, which was done in response to calls by stakeholders and based on the Commission’s determination to serve Nigerians better by reducing overcrowding at CVR centres.