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Tag: constitution

  • Senate passes 49 out of 68 constitution bills

    Senate passes 49 out of 68 constitution bills

    The Senate on Tuesday passed a total of 49 bills out of the 68 considered during voting on the Constitution Bills.

    The bills were contained in report of the Committee on the Review of the 1999 Constitution.

    A total of 19 alteration bills failed to make passage during the voting exercise which lasted almost five hours during plenary.

    President of the Senate, Ahmad Lawan, while setting the tone for voting on the bills, explained that only bills which enjoyed passage in both chambers would be transmitted to the State Houses of Assemblies for concurrence.

    According to him, any bill which fails to pass in the Senate or House of Representatives during voting automatically stands rejected by the National Assembly.

  • New Electoral Law: Ten areas Nigerians must know about whether they’re enforceable

    New Electoral Law: Ten areas Nigerians must know about whether they’re enforceable

    President Muhammadu Buhari must have disappointed many Nigerians to have signed the new Electoral Law because of his ‘go slow’ approach to sensitive matters of this nature.
    But to probably prove bookmakers wrong Buhari threw political sentiments aside and held the bull by the horns by finally endorsing the law.
    Good a thing that his legal advisers quickly pointed out Clause 84 that was blindly passed by the National Assembly despite the array of lawyers in both legislative Chambers. It would have been the most difficult piece of legislation to enforce in Nigeria or better still a mockery of NASS.
    In this news analysis, TheNewsGuru.com, (TNG) will take a deep look at the new Electoral Law to know how enforceable are the amended clauses.
    Some of these electoral laws in the past had turned the Nigerian Supreme Court into emergency Electoral umpire passing judgments that are highly questionable producing supreme court governors.
    *Clause 29(1) stipulates that parties must conduct primaries and submit their list of candidates at least 180 days before the general elections. Here the only remarkable difference is the fact that 30 extra days were added from the original 150 days.
    This will create ample time for political parties to fully adhere to electoral guidelines before elections are held.
    * Clause 65 states that INEC can review results declared under duress. To review is one but diligently follow up during litigations is another kettle of fish. This is laudable if the Electoral umpire could prove that actually Electoral Officers were actually under duress in a law court.
    *Clause 3(3) states that funds for general elections must be released at least one year before the election.
    This is a welcome development instead of INEC going to influence NASS members for budgetary allocations few months to a general election. A peep of such expenditure is further captured in Section 3 stipulating that: The Electoral Act provides under Section 3 for the establishment of the Independent Commission Fund for the Electoral Commission. The Fund requires that the following be paid into it;
    • Such sums and payments available to the Commission for carrying out its functions and purposes under the Electoral Act and the Constitution and all other assets from time to time that will accrue to the Commission;
    • Sums that may from time to time be credited to the Commission;
    • Aids and grants that may accrue to the Commission from time to time to perform its functions.
    *Clause 51 says that the total number of accredited voters will become a factor in determining over-voting at election tribunals. How enforceable is this considering the fact that in some glaring circumstances Electoral Officers get induced to doctor election results. Appears good on the surface but how enforceable? This too may create room for the courts to feast on.
    * Clause 54(2) makes provisions for people with disabilities and special needs. What are the provisions in the Constitution. There isn’t much difference because disabled persons were well captured. Read Rule 14 below:
    Visually impaired/blind or incapacitated Voters- Rule 14 of the Regulations and Guidelines also provides for visually impaired/blind or incapacitated Voters, that the Presiding Officer at the Polling Unit will allow a person who is blind, visually impaired, or unable to distinguish symbols or who suffers from any physical disability to be accompanied into the Polling Unit/Voting Point and will be assisted to vote by a person chosen by him/her, other than an election official, polling agent or security personnel.
    * Clause 47 gives legislative backing for smart card readers and any other voter accreditation technology that the Independent National Electoral Commission (INEC) deploy. Beautiful development here but still subject to the whims and caprices of the courts.
    *Clause 34 gives political parties power to conduct a primary election to replace a candidate who died during an election. Who supervises this? INEC or party officials? More troubles for political parties without internal democracy.
    *Clause 50 gives INEC the legal backing for electronic transmission of election results. Again, the issue of no server or the server has been hacked or better still non-existent as it was exemplified in 2919 is still very strong but with a legal backing this could be a step in the right direction.
    *Clause 94 allows for early commencement of the campaign season. By this provision, the campaign season will now start 150 days to the election day and end 24 hours before the election. This is just a matter of semantics because there’s nothing new here.
    *Clause 84 stipulates that anyone holding a political office – ministers, commissioners, special advisers and others – must relinquish the position before they can be eligible to participate in the electoral process either as a candidate or as a delegate.
    If this clause had been allowed to go unnoticed, it would have been a mockery of NASS that despite the array of lawyers within its confines this unenforceable piece of legislation scaled through without proper scrutiny.
    The president who demanded it should be deleted from the Act immediately exposed the National Assembly’s gross negligence.
  • Senate lauds Buhari for signing Electoral Act Amendment bill into law

    Senate lauds Buhari for signing Electoral Act Amendment bill into law

    The Senate has lauded President Muhammadu Buhari for signing the Electoral Act Amendment Bill 2022 into law.

    Chairman Senate Committee on Media and Publicity, Sen. Ajibola Basiru made the commendation in a statement in Abuja on Friday.

    He said that the Act was now the legislative framework for the conduct of elections in Nigeria.

    Basiru congratulated the ninth Assembly for the innovative provisions in the Electoral Act that addressed obvious lapses that had inhibited credible elections in Nigeria.

    He identified the conduct of primaries, campaign expenses, use of technological devices in elections and electronic transmission of results as some of the reforms introduced that would ensure the credibility of elections in the country.

    The lawmaker stated that the Senate had taken notice of Section 84(12) of the Act, especially the concerns raised the President and assured Nigerians that the National Assembly would give the section the desired legislative attention.

    Similarly, Deputy Senate President Ovie Omo-Agege, said that Buhari had written had written his name in gold for signing the Bill into Law.

    Omo-Agege’s Special Adviser Media and Publicity Mr Yomi Odunuga, stated this in a statement in Abuja on Friday.

    Omo- Agege expressed delight that the country would go into the next general election with a new electoral legal framework.

    The deputy senate president recalled that although the process under the 8th Senate was fraught with mutual suspicions and bitterness, electoral reform for the ninth National Assembly remained a priority in its legislative agenda.

    “The ninth Senate has promised to bequeath a lasting legacy to Nigerians.

    “Today’s development adds to the list of historic legislations that have defiled previous Assemblies, which the ninth Senate has passed,” he said.

  • INEC to disclose position on electoral act on Saturday

    INEC to disclose position on electoral act on Saturday

    The Independent National Electoral Commission (INEC) says it will on Saturday make public its position on the 2022 Electoral Amendment Bill singed into law by President Muhammadu Buhari on Friday.

    The commission disclosed this in a statement by National Commissioner and Chairman, Information and Voter Education Committee, Festus Okoye, in Abuja on Friday.

    Okoye said that the commission’s submission would be made known after INEC extraordinary meeting scheduled for Saturday.

    He described the signing of the bill as historic being the fourth time since the restoration of democracy in 1999 that it would repealed and re-enacted.

    He added that the act contained many progressive provisions that would facilitate the conduct of free, fair and credible elections.

    “The nation now has the Electoral Act 2022 which replaces the Electoral Act 2010 (as amended).

    “Together with the 1999 Constitution (as amended), the new act constitutes the principal law to govern the conduct of future elections, including the 2023 General Elections.

    “Given the tight timelines contained in the new law, the commission fully appreciates the importance of proceeding with their implementation in earnest.

    “Consequently, an extraordinary meeting of the commission is scheduled for tomorrow (Feb. 26) . Thereafter, a statement will be issued on the way forward,” Okoye said.

  • Buhari tells NASS to amend new Electoral Act

    Buhari tells NASS to amend new Electoral Act

    President Muhammadu Buhari has requested the National Assembly (NASS) to amend the new Electoral Act he signed into law on Friday.

    TheNewsGuru.com (TNG) reports President Buhari made the request, stressing that Section 84 (12) of the new Electoral Act constitutes a disenfranchisement of serving political office holders.

    In his address, Buhari further stressed that the provision of Section 84 (12) has introduced qualification and disqualification criteria that ultra vires the Constitution by way of importing blanket restriction and disqualification to serving political office holders of which they are constitutionally accorded protection.

    The address reads: “The Electoral Act (Amendment) Bill 2022, passed by the National Assembly forwarded for Presidential Assent, via a letter dated 31st January, 2022. In line with established tradition, I received inputs from relevant ministries, departments and agencies of government after careful and thorough reviews of the Bill and its implications to democratic processes in our country.

    “2. It is gratifying to note that the current Bill comes with a great deal of improvement from the previous Electoral Bill 2021. There are salient and praiseworthy provisions that could positively revolutionize elections in Nigeria through the introduction of new technological innovations. These innovations would guarantee the constitutional rights of citizens to vote and to do so effectively.

    “3. The Bill would also improve and engender clarity, effectiveness and transparency of the election process, as well as reduce to the barest minimum incidences of acrimony arising from dissatisfied candidates and political parties.

    “4. These commendable efforts are in line with our policy to bequeath posterity and landmark legal framework that paves the way for credible and sound electoral process that we would all be proud of.

    “5. Distinguished Senators and Honourable Members of the National Assembly, from the review it is my perspective that the substance of the Bill is both reformative and progressive. I am making this bold declaration because I foresee the great potentials of the Bill. Worthy of note include the democratic efficacy of the Bill with particular reference to sections 3, 9(2), 34, 41, 47, 84(9), (10) and (11) among others.

    “6. This however, cannot be said about one provision as contained in the proposed Bill, which provision constitutes fundamental defect, as it is in conflict with extant constitutional provisions.

    “7. Section 84 (12) constitutes a disenfranchisement of serving political office holders from voting or being voted for at Conventions or Congresses of any political party, for the purpose of the nomination of candidates for any election in cases where it holds earlier than 30 days to the National Election. The section provides as follows:- “No political appointee at any level shall be voting delegate or be voted for at the Convention or Congress of any political party for the purpose of the nomination of candidates for any election”.

    “8. This provision has introduced qualification and disqualification criteria that ultra vires the Constitution by way of importing blanket restriction and disqualification to serving political office holders of which they are constitutionally accorded protection.

    “9. The practical application of section 84(12) of the Electoral Bill, 2022 will, if assented to, by operation of law, subject serving political office holders to inhibitions and restrictions referred to under section 40 and 42 of the 1999 Constitution (as amended).

    “10. It is imperative to note that the only constitutional expectation placed on serving political office holders that qualify, by extension as public officers within the context of the constitution is resignation, withdrawal or retirement at least 30 days before the date of the election.

    “11. Hence, it will be stretching things beyond the constitutional limit to import extraneous restriction into the constitution on account of practical application of section 84(12) of the bill where political parties’ conventions and congresses were to hold earlier than 30 days to the election.

    “12. Arising from the foregoing, with particular regards to the benefits of the Bill, industry, time, resources and energy committed in its passage, I hereby assent to the Bill and request the Nationally Assembly to consider immediate amendments that will bring the Bill in tune with constitutionality by way of deleting section 84(12) accordingly”.

  • President Buhari rejects parts of the Electoral Bill, gives reasons

    President Buhari rejects parts of the Electoral Bill, gives reasons

    President Muhammadu Buhari, on Friday, rejected of Section 84 (12) of the signed Electoral law, saying it runs contrary to the nation’s constitution.

    This is as the President said that (Amendment) law 2022, hold the Electoral Acts a lot of promise for improving the election processes, with introduction of new technology, and efforts to engender clarity and transparency.

    At a signing ceremony held at the Council Chambers, Presidential Villa, Abuja, President Buhari, told the National Assembly to immediately commence the process of amending Section 84 (12) of the law.

    He noted that it disqualifies political office holders from voting or being voted for at conventions or congresses of any political party, for the purpose of the nomination of candidates for any election.

    He said that he received inputs from relevant ministries, departments and agencies of government after careful and thorough reviews of the Bill and its implications to democratic processes in our country.

    Expressing his rejection of Section 84 (12) of the new law, President Buhari said: “Distinguished Senators and Honourable members of the National Assembly, from the review it is my perspective that the substance of the Bill is both reformative and progressive.

    “I am making this bold declaration because I foresee the great potentials of the Bill.

    “Worthy of note include the democratic efficacy of the Bill with particular reference to sections 3, 9(2), 34, 41, 47, 84(9), (10) and (11) among others.

    “This, however, cannot be said about one provision as contained in the proposed Bill, which provision constitutes fundamental defect, as it is in conflict with extant constitutional provisions.

    “Section 84 (12) constitutes a disenfranchisement of serving political office holders from voting or being voted for at Conventions or Congresses of any political party, for the purpose of the nomination of candidates for any election in cases where it holds earlier than 30 days to the National Election.”

    Buhari said quoted the section: “84(12) No political appointee at any level shall be voting delegate or be voted for at the Convention or Congress of any political party for the purpose of the nomination of candidates for any election.”

    Buhari explains rejection

    The President noted it had introduced qualification and disqualification criteria that ultra vires the Constitution by way of importing blanket restriction and disqualification to serving political office holders. of which they are constitutionally accorded protection.

    “The practical application of section 84(12) of the Electoral Bill, 2022 will, if assented to, by operation of law, subject serving political office holders to inhibitions and restrictions referred to under section 40 and 42 of the 1999 Constitution as amended.

    “It is imperative to note that the only constitutional expectation placed on serving political office holders that qualify, by extension as public officers within the context of the constitution is resignation, withdrawal or retirement at least 30 days before the date of the election.

    “Hence, it will be stretching things beyond the constitutional limit to import extraneous restriction into the constitution on account of practical application of section 84(12) of the bill where political parties’ conventions and congresses were to hold earlier than 30 days to the election.

    “Arising from the foregoing, with particular regards to the benefits of the Bill, industry, time, resources and energy committed in its passage, I hereby assent to the Bill and request the Nationally Assembly consider immediate amendments that will bring the Bill in tune with constitutionality by way of deleting section 84 (12) accordingly.’’

    President Buhari commended the National Assembly for their commitment and dedication to improving the previous Electoral Bill 2021.

    Source : Vanguard

  • PDP constitution recognises zoning – Ex-Chairman

    PDP constitution recognises zoning – Ex-Chairman

    A former Chairman and National Secretary of the People’s Democratic Party (PDP), Alhaji Abubakar Kawu Baraje, has said that the party constitution allow zoning of political offices.

    Baraje, the new ‘Tafida of Ilorin’, made this known on Wednesday while addressing journalists in his residence in Ilorin preparatory to his coronation by the Emir of Ilorin, Alhaji Ibrahim Sulu Gambari, on Friday.

    The Tafida said zoning was clearly stated in the amended constitution of PDP for the purpose of giving sense of belonging to all members of the party.

    “It’s not in the constitution of PDP before, but it is now clearly stated in the PDP constitution that zoning should be respected.

    “There is a caveat in the constitution which say that zoning should be respected for the purpose of giving sense of belonging to all members of the party and for all inclusiveness except and only when a resolution of the National Executive Council (NEC) decide otherwise,” he said.

    “It is stated in the constitution black and white, it was reviewed in the constitution sometime around 2011. Although, before then, it was an oral tradition of PDP and it was even as good as being written.

    “I met it like that when I took over as party National Secretary in 2008. Even when it was an oral tradition of the party, it was highly respected.

    “It was formally included in our party constitution in 2011 when we were reviewing the party constitution before I left in 2011,” the ex-chairman explained.

    Baraje, however, said that he was not sure that former vice president, Atiku, was talking of PDP constitution on zoning.

    “I think what His Excellency, Alhaji Atiku, was talking about was Nigeria constitution not PDP, if I got him right, he said ‘oning is not in Nigeria constitution’”.

    The former PDP chairman also supported zoning the presidency to the North Central, having not produced number one citizen since independence.

    He however cautioned that the campaign for zoning should not be over-flogged in order not to further divide the country.

    Baraje described the chieftaincy title as a “great honour and fulfillment” to been recognised in one’s hometown.

    He added that It came to him as a surprise because he never expected such title and pledged to serve his people and discharge his duties effectively

    “I went to do my research on Tafida and the role expected of the holder, and I discovered that it emanated from North Africa, Egypt precisely, and it was later adopted by Hausa/Fulani tradition.

    “My research also revealed that the full title is ‘Tafida Aiki Seriki’ – it means the service Emir is doing.

    “It means a co-traveler of Emir. Therefore, that title is bestowed on an individual that is close to the Emir, understand the tradition and gives his life to the service of the community,” he said.

  • Army pledges loyalty to President Buhari, Constitution; says Nigeria will be more secured from 2022

    Army pledges loyalty to President Buhari, Constitution; says Nigeria will be more secured from 2022

    The Nigerian Army has assured citizens that there will be improved security across the country in 2022 and beyond.

    It also vowed to stay off politics.

    The Chief of Army Staff, Lieutenant General Faruk Yahaya, gave them he assurance at the closing of the Chief of Army Staff Conference in Abuja.

    According to him, the Army remains committed to ensuring that peace returns to every part of the country in no distant time.

    Yahaya said the conference was an opportunity to examine security issues plaguing the nation.

    “Consequently, our focus for the coming year would be on developing capacities for improved performances across board.

    “Emphasis will be placed on both individual and unit training that will enhance teamwork and professionalism.

    “In this regard, I want to urge commandants of Nigerian Army and Corps schools to ensure they conduct realistic training in their various institutions to ensure our officers and soldiers are equipped with the right skills and competencies to confront all criminal elements in the various theatres of operations.

    “I want to remind formation and unit commanders on the need to ensure systematic inspection of arms and ammunition as well as the various holding facilities.

    “Additionally, the directive on the new procedure for the conduct of range classification exercise has been communicated to all participants for compliance.

    “Thus, commanders must ensure that units under command adopt this new procedure which is aimed at ensuring accountability and security of controlled items in the Nigerian Army.

    “In the conduct of our operations, commanders must be proactive and aggressive in order to defeat the adversary.

    “Let me state at this point that we must ensure all our deployments in the theatres of operations are held in strength to defeat any attack.

    “Commanders must also look at the possibilities of conducting a wide range of operations against bandits and terrorists.

    “Furthermore, Commanders must ensure that their troops master the art of night operations and anti-ambush drills by engaging in effective night operations and anti-ambush drill training.

    “We must take the fight to the adversary in order to neutralize and defeat them.

    “Furthermore, commanders are also urged to develop contingency plans to ensure our forces always retain the initiative in all our theatres of operation.

    “In that vein, commanders must plan for the possible increase in scope and dimension of the activities of violent state actors in the coming year.”

    The Army chief restated his loyalty to the constitution and the president.

    He said: “The Nigerian Army, under my leadership, will remain loyal to the Constitution and to Mr President.

    “On behalf of the officers and soldiers of the Nigerian Army, I wish to most respectfully reassure Mr President of the unalloyed loyalty and commitment of the Nigerian Army to the defence of democratic governance in Nigeria.”

  • Nigerian constitution should be reviewed-Alibaba

    Nigerian constitution should be reviewed-Alibaba

    Acclaimed Nigerian standup comedian Ali Baba has stated that the Nigerian constitution should be reviewed for a new phase of the country to emerge.

    Alibaba made this known during an Instagram live session, ‘Ask Alibaba 60 questions’.

    The veteran comedian said: “If we do not sort out our constitution or how regions make money and take care of themselves, we are not going anywhere. This means that somebody can be in Yobe and be expecting that the money from Bayelsa or Rivers State is what will develop their state instead of internally generated revenue.”

    Speaking further during the show with fans, Alibaba gave his opinion on the Central Bank of Nigeria’s decision on bureau de change.

    “The Central Bank of Nigeria withdrew the licences and has said that all bureau de change transactions should go through banks, I think they can monitor banks a lot more than bureau de change. Most bureaux de change are just glorified mallams,”.

     

  • Why Constitutional amendment won’t work – CSO to late Gen. Abacha

    Why Constitutional amendment won’t work – CSO to late Gen. Abacha

    Maj. Hamza Al Mustapha, Chief Security Officer (CSO) to late military head of state, Gen. Sani Abacha, says the current effort to amend the 1999 Constitution might not work, as it is being done in a rush.

    Al Mustapha said this when he spoke in Abuja on Sunday.

    “Constitutional amendments are done to carry evebody along, but I can see a Constitutional amendment carrying a few elites in a hurry.

    “Constitutional amendments should be given time and should not be seen carrying the opinions of a few elites abandoning the majority.

    “Most Nigerians especially the downtrodden in rural communities are not even aware of what is going on, they don’t even have the money to travel to the urban centres for public hearing.

    “At the end of the day, you end up listening to the views of a few elites in trying to amend the constitution,” he said.

    Al Mustapha said the elites were the problem of the country.

    “The elites are the problem of Nigeria, institutions are killed by the elites, they determine government direction, they are government contractors and top civil servants in the country are also part of the elites.

    “So the problem of Nigeria revolves around the elites.

    “The whole thing has nothing to do with the poor masses, even the issue of mutual suspicious among ethnic groups is being championed by the elites,” he said.

    Al Mustapha said that the same elites who claimed that the 1999 Constitution was done in a rush were trying to amend the constitution in a rush.

    “You say that the 1999 constitution was rejected because it was done in a rush and here you are doing amendment haphazardly.

    “At the end of the day, you will still call for another Constitutional review because anything that is done outside reality, so long as it has to do with rights of man in governance is fake arrangement,” he said.

    Al Mustapha said the best way to ensue a successful constitution amendment was to anchor the process around the Nigerian masses and not the elites.

    ” If you want to have an acceptable constitution for everybody in the country, then you require a detailed plan of action that will carry evebody along across the country.

    “You don’t rush Constitutional amendment, you have to anchor everything around the masses and not the elites.

    “Constitutional amendments also need time to be successful,” he said.