Tag: Electoral Laws

Electoral Laws: Regrettably, despite efforts of legislators, no remarkable improvement -Senator Osunbor

Former Governor of Edo State, Senator Oserheimen Osunbor has said despite efforts of legislators in amending our electoral laws in Nigeria, there has been no remarkable improvement.

Osunbor a Professor of Law and a two term Senator, 1999-2007 made this assertion in a chat with TheNewsGuru.com on Tuesday in Abuja.

In his point blank analysis of the situation, Osunbor said: “Since 1999,proposals have been made after every election to use the lessons learnt in each election to improve our Electoral Laws and the quality of our elections.

“This is to ensure that they are fair, credible and transparent.
Accordingly, the National Assembly passed Electoral Acts in 2001, 2002, 2006, 2010
and 2022 and in the process introduced progressively far reaching innovations with each amendments.

“Regrettably, despite the efforts of legislators at the National Assembly, the quality of the elections has
not improved, if anything, the quality has fallen. The main reason for this is that political parties have
failed to abide by the well intentioned provisions of the Acts to guarantee that political party
candidates emerge through a fair and transparent process.

He explained that: “Often, the political party leaders simply
ignore the law and do as they please in the nomination of candidates.

“Regrettably, the Judiciary that
should hold the political parties accountable and compel them to respect their own constitution and
guidelines for the election of candidates appear themselves to be complicit as they seemingly bow to political pressure or inducements and wash their hands off the cases with the excuse that they are internal matters of the political parties and not justiciable.

” In effect, aggrieved party members are denied justice by the courts. For these reasons, I do not see much need in dissipating efforts on enacting or reforming electoral laws to promote internal democracy when the courts are unwilling to enforce them.

” Unfortunately, we have now reached a point in Nigeria where many political leaders
believe that laws do not matter.

” They act with impunity and get away with it but this is not sustainable in the long run. Nigerians are too familiar with the well-publicised cases where the judiciary clearly failed to enforce the provisions of party constitution and guidelines which are contractual in nature
and have binding effect between the political parties and their members.

” So also is there a long list of
people who lost elections at the polls or did not even participate at all in the elections but were
declared winners by the courts.

” For me our major concern now should be less about more law reforms but more about enforcement and compliance with existing laws.

December 3, 2024
LG autonomy: Osun Assembly moves to amend LG/State electoral laws

The Osun House of Assembly, on Monday, passed for second reading bills to amend Osun local government areas creation and Osun electoral commission laws to conform to the Supreme Court judgment on local government financial autonomy.

NAN reports that the bills titled: “Osun State Local Government Areas Creation and Administration Amendment (No. 7) Bill, 2024 and Osun Independent Electoral Commission Amendment (No.1) Bill, 2024, scaled second reading after their policy thrusts were read.

While reading the policy thrust of the Osun Independent Electoral Commission Amendment (No.1) Bill, the Deputy Majority Leader, Adekunle Oladimeji said the amendment bill was in line with the Nigerian Constitution and Supreme Court judgment.

Oladimeji said that since the judgment grants financial autonomy to local governments and that the only local government recognised by law is the 774 in the constitution, which the state has to recorgnise.

He said that the Osun Independent Electoral Commission (OSIEC) in line with Section 197 of the Nigerian Constitution was to conduct, organise and supervise all elections into local council in the state.

Oladimeji said that the amendment of the OSIEC law was necessary now to avoid conflict with the Supreme Court judgment and to strengthen the local government system so people at the grassroots could enjoy the dividend of democracy.

Similarly, during the reading of the policy thrust of the Osun State Local Government Areas Creation and Administration Amendment, Mr Adewumi Adeyemi, lawmaker representing Obokun State Constituency, stated that Section 7(1) of the constitution provides for the existence and running of local government by elected officials.

Adeyemi added that section 8 of the constitution, however, empowers the state assemblies to ensure, through enacted laws, that local government administration exist and their financing is guaranteed.

He said that with the Supreme Court judgment, Local Council Development Areas (LCDAs) and Area councils are not recognised by the constitution, as being among the 774 local government areas in Nigeria.

He said the Osun Local Government Amendment Bill will, when passed to law, take care of the local government structure and compositions of executives.

In their various contributions, other lawmakers stated the urgency and need for the two amendment bills to be passed.

The lawmakers urged for the accelerated passage of the bills, even as the Speaker, Adewale Egbedun, aligned himself with their resolution.

July 29, 2024
Agbakoba SAN writes INEC for ‘correct’ interpretation of electoral laws

Former President of the Nigerian Bar Association, NBA, Dr. Olisa Agbakoba SAN, has written to the Independent National Electoral Commission, INEC, requesting the “correct” interpretation of certain sections of the 1999 constitution that determines who wins a presidential election.

He noted that Section 134 of the 1999 Constitution prescribes a presidential candidate meet the requirements to become the president of Nigeria.

“The Electoral Act, 2022 states that “…the result (in an election to the office of the President or Governor) shall be ascertained by counting the votes cast for each candidate and subjected to the provisions of sections 133, 134 and 179 of the Constitution, the candidate that receives the highest number of votes shall be declared elected by the appropriate returning officer,” he stated.

In a letter, Agbakoba said he is worried that there can be multiple interpretations of section 134 of the 1999 Constitution, which prescribed the requirements to be met by a presidential candidate to become the president of Nigeria.

Does this mean the Federal Capital Territory, Abuja is incorporated in the 24 States? Or…does it mean that the presidential candidate must also score not less than one-quarter of the votes cast at the election at the Federal Capital Territory, Abuja?

In his words: “In case of an election with only two candidates, Section 134 (1) of the 1999 Constitution states that a presidential candidate shall be deemed to have been duly elected where he has “the majority” of votes cast at the election, and has not less than one-quarter of the votes cast at the election in each of at least two-thirds of all the States and the Federal Capital Territory, Abuja.

“But in a case where there are more than two presidential candidates, Section 134 (2) states that a candidate shall be deemed to have been duly elected where he has the ‘highest number’ of votes cast at the election and has not less than one-quarter of the votes cast at the election each of at least two-thirds of all the States in the Federation and the Federal Capital Territory, Abuja.”

Arising questions
Agbakoba asserted that the constitution describes the winner in two different languages. “One, the winner must score the majority of votes [in section 134 (1)] and the other, the winner must score the highest number of votes [in section 134 (2). This is confusing,” he wrote.

The Senior Advocate of Nigeria also said this section of the law wasn’t explicit enough as to whether the two-thirds votes a candidate must secure as mentioned in the law, would include or exclude the Federal Capital Territory (FCT), Abuja.

“if to be declared winner of the presidential election, a candidate must win a quarter of votes in 24 states– which makes up the two-thirds– as well as the FCT, or without the FCT.

“Does this mean the Federal Capital Territory, Abuja is incorporated in the 24 States? Or…does it mean that the presidential candidate must also score not less than one-quarter of the votes cast at the election at the Federal Capital Territory, Abuja?

“Can a candidate that scored not less than one-quarter of the votes cast at the election in 36 States of the Federation but failed to score one-quarter of the votes cast at the Federal Capital Territory, be duly elected as President of Nigeria?” he queried.

February 28, 2023
2023: INEC vows to apply electoral laws without fear or favour

The Independent National Electoral Commission (INEC) will scrupulously apply laws, particularly the Electoral Act, of 2022 without fear or favour to ensure free, fair, credible, inclusive and transparent elections in 2023.

The INEC Chairman, Prof. Mahmood Yakubu, made this known on Wednesday in Abuja, at the 4th Memorial Lecture in honour of Late Director-General of The Electoral Institute (TEI), Prof. Abubakar Momoh, who died on May 29, 2017.

Yakubu was represented by Prof. Abdullahi Zuru, National Commissioner and Chairman, Board of Electoral Institute.

Yakubu assured Nigerians that INEC has no preferred party or candidate, but shall only ensure that all valid votes count and the winners are decided solely by the voters.

The chairman said that as the 2023 general elections draws near, it was imperative for all stakeholders especially the political parties to note the major features introduced by the new Electoral Act 2022.

He also advised party leaders to note the possible implications of these changes on the upcoming elections, saying the happenings that accompanied the recent party primaries attest to this.

“These changes include amongst others, the conduct of early party primaries by political parties, technological changes in the electoral process;

“The Commission’s power to review the decision of the returning officer and overvoting based on the number of accredited Voters.

Yakubu said that those new initiatives served as the bedrock for the reviewed Regulations and Guidelines for the Conduct of Elections 2022, and the review of the Manual for Election Officials, 2022.

He said that the use of electronic devices were now legally allowed in the accreditation process for voters, collation of results and in the general conduct of elections.

These according to him includes the Bimodal Voters Accreditation System (BVAS), INEC Voter Enrolment Device (IVED); INEC Results Viewing Portal (IRev) and other technological devices.

“Please be assured that these innovations are intended to deepen the electoral process in our country.

“Their optimal performance in the just concluded gubernatorial elections in Ekiti and Osun States is an eloquent testimony to their electoral value.

“We shall only do more to consolidate their deployment,” Yakubu said.

He described the Electoral Act as ingredients for party building, stabilisation of electoral rules and democratic consolidation.

He expressed the conviction that party chairmen and members would be committed to ensuring that the 2023 general election would be devoid of deliberate infractions to the 2022 Electoral Act.

The INEC chairman said that should be done essentially by allowing the electoral process to run smoothly thereby growing a rich democratic culture and acceptable election outcome.

In his remarks, the Director-General of TEI, Dr Sa’ad Idris, said that this year’s memorial lecture and training was held to interact with party executives and discuss the implications arising from the New Act for the 2023 General Elections.

Idris said that the theme of the lecture was apt, to train the political parties executives on the various sections of the new Electoral Act and the critical implications embedded in many of its sections.

He said that the unfortunate preponderance of many legal cases arising even from the pre-election period up till after the conduct of the elections, had at many times brought a lot of challenges to the electoral process and the country’s political development at large.

“It is hoped that with this lecture and training for party executives, due influence can be brought to bear and reduce the swift race to the courts that has characterised our political space in the last 10 years.

“For an umpire and stakeholders who are conscious of their responsibilities of ensuring conduct of free, fair, credible and inclusive elections, the Electoral Act has brought on board solutions to many issues that in the past have fuelled endless litigations in our courts,” he said.

Idris expressed believe that the lecture would interrogate the relationship between the new Act and the roles of all stakeholders particularly the commission and the 18 political parties and 2023 General Elections.

He also expressed hope it would suggest ways of conducting free, fair, credible and inclusive elections without unnecessary litigations that could be drawbacks to the election.

The Guest Speaker, Prof. Yemi Akinseye-George, former Professor of Law, Afe Babalola University, Ado-Ekiti, Ekiti, advised political parties to obey their own rules and others by INEC and the Constitution of Nigeria.

“The Supreme Court has decided in several cases that political parties must obey their own constitutions as the court will not allow them to act arbitrarily or as they like.”

Akinseye-George, a scholar and renowned legal practitioner, advised Nigerians to change their mindset where people see politics as dirty and reckless game.

“Politics is not anarchy; it is not disorderliness; it must be punctuated by justice, fairness and orderliness,” he said.

Akinseye-George also advised INEC to monitor political parties and enforce them to comply to its laws including the parties’ finances

“Until we put the political parties right on their finances, our elections cannot be right,” he said.

The widow of the late D-G, Mrs Tawa Momoh, appreciated INEC for sustaining the lecture after five years of her husband’s death.

August 4, 2022
Break electoral laws, go to jail, NYSC DG warns corps members

The Director General of National Youth Service Corps (NYSC), Maj. Gen. Suleiman Kazaure, has warned corps members participating as INEC ad-hoc staff in the general election that they would be jailed if they break any electoral law in the course of their assignment.

Kazaure gave the warning Thursday in Yola while addressing corps members trained to participate in the exercise.

Represented by Mr Sadiq Ipaku, Chief Inspector of NYSC, Abuja, Kazaure said it was mandatory for corps members to know the Electoral Act and discharge their assignment in line with the law, and the training provided to avoid falling into trouble.

Kazaure said over the years, corps members have distinguished themselves during elections and should continue to do so.

“Your predecessors, right from year 2008 when the collaboration started, have proven their mettle and made each succeeding election more credible and acceptable than the proceeding one.

“It is against this background that the nation is once again calling on you for this very important assignment,” Kazaure said.

In his remarks, the Adamawa Coordinator of NYSC, Mallam Abubakar Mohammed tasked the corps members to be confident and take full responsibility during the assignment so as not to be messed up by any politician.

Mohammed tasked also tasked them to be security conscious, adding that there was an agreement with INEC not to post corps member to crisis areas.

He also said that special numbers would be provided them to make quick contact in the case of any difficulty or emergency.

In his speech, the Adamawa Resident Electoral Commissioner, Mr Kassim Gaidam, who described corps members as “the core of INEC ad-hoc staff”, said the commission has confidence full confidence in their ability to deliver.

Gaidam assured them of adequate security and welfare, adding that their training allowances would be paid on Friday, while other allowances would be paid as at when due.

The News Agency of Nigeria (NAN) reports that highlights of the interactive session was the distribution of relevant pamphlets on election guidelines, and lecture on security tips by officials from Department of State Security.

February 14, 2019
Lagos Assembly’s amendment of electoral laws 3 days to LG elections may brew violence – TMG

Transition Monitoring Group, TMG, has said the decision of the Lagos State House of Assembly to amend and pass sensitive portions of the electoral laws barely three days to the local government elections may brew violence in some parts of the state.

This is contained in a statement signed by Abiola Akiyode–Afolabi, Chairperson and Sulaimon Arigbagbu, South West Coordinator, TMG on Thursday.

TheNewsGuru.com reports that the Lagos State Independent Electoral Commission, LASIEC had fixed Saturday, July 22 for the elections.

The statement reads in part: “We are also concerned about the speed with which the Lagos State House of Assembly passed an amendment to the Lagos Electoral Law regulating the conduct of election to allow for the substitution of a party candidate before the elections.

“The new bill allows a political party to withdraw and substitute candidate not later than three (3) days to LASIEC verification. It also states that any candidate can withdraw from contesting not later than three (3) days to the election by personally taking a letter of withdrawal to the State Secretary of the party involved who must also personally take same to LASIEC not later than 12noon, three (3) days to the election.

“TMG is worried about the implications and dangers such amendment portends on the credibility of the Saturday, 22nd Lagos State Local Government Area (LGA) Council elections as scheduled by LASIEC. Conduct of credible, free, fair and legitimate elections cannot be achieved in this kind of arrangement with an amendment taken place just three days to the election.

“Furthermore, we are also apprehensive of the implications of the multiplicity of court cases relating to party candidatures giving the fact that the election is just three days away. Such conflicting decisions could cast aspersion on the credibility and legitimacy of the elections.

“We also express displeasure over the latest pronouncement by the authorities of the Lagos State Independent Electoral Commission (LAISEC) regarding its planned accreditation plan and observer’s deployment for the Saturday Local Government Election in Lagos State.

“Our concern is further heightened by the refusal by LASIEC to deploy Card Reader for the conduct of this coming elections. This is an anti-climax to the widely acknowledged improvement to our Electoral System during the 2015 General Elections.

“As a flagship organization on election and governance monitoring in Nigeria, TMG is seriously concerned about the plethora of allegations trailing the preparations for the election and the lopsided observer’s deployment plan adopted by LASIEC. TMG urges the commission to reconsider its decision on these issues.

“We call on LASIEC to ensure highest standard in the conduct and administration of the coming Lagos LG/LCDAs elections, by carrying out their responsibilities in accordance with law, and without fear or favour. We hope that LASIEC is committed to an open, genuine, free and appropriate process that is devoid of any suspicion misgiving in the process leading to the election”.

July 20, 2017