SUBMISSION OF THE FORUM OF STATE INDEPENDENT ELECTORAL COMMISSIONS ON PROPOSED REVIEW OF THE 1999 CONSTITUTION AND THE 2006 ELECTORAL ACT TO THE NATIONAL AND STATE HOUSE OF ASSEMBLIES.
PREAMBLE
Whereas the President upon coming to power in 2007 admitted flaws in the electoral process and system that brought him to power and promised Nigerians and the nation an electoral reform.
In furtherance of this objective an Electoral Reform Committee headed by the former Chief Justice of Nigeria was established with the central objective of examining the existing electoral system and recommending improvements that will eliminate or at least reduce to the barest minimum the recurrent incidence of electoral malpractice in the Country;
Whereas the Committee had since submitted its Reports to the President and the Federal Government had accepted and rejected some of these recommendations.
Whereas based on those recommendations accepted, the President had proposed a number of legislations to the National Assembly for the purpose of giving effect to some of those recommendations considered important by the government;
Now therefore that the process of constitutional amendment and the amendment of the Electoral Act 2006 has been set in motion by the National Assembly, it is imperative for the State Independent Electoral Commissions (SIECs) to state their views in an unequivocal term so that such views are canvassed in the process of the amendment;
The Forum RESOLVED to propose to the Review Committee to: |
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Expunge those sections of the Constitution and the 2006 Electoral Act that offend the basic principles of federalism.
These sections are: |
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a.
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Items 11 and 12 of Part II of the Second Schedule to the 1999 Constitution which provide that, "the National Assembly may make laws for the Federation with respect to registration of voters and the procedure regulating elections to a Local Government Council". |
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b.
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Sections 120, 121, 122, 123, of the Electoral Act 2006 provide for procedure for nominations of candidates for election into local Government Councils. The SIECs hold the view that the aforesaid sections contradict the essential features of federalism as enshrined in the Constitution. It is common knowledge that in most federal constitutions as practiced in many countries, local elections and indeed national elections are organized and conducted by the local electoral agencies e.g. U.S.A., Australia, Canada, India and Switzerland. |
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c.
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In addition the above provisions offend the spirit and intention of section 7(1) of the 1999 Constitution which provides for democratically elected local government councils and empowers the state House of Assembly to enact laws that provide for the establishment, structure, composition, finance and functions of the councils. |
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d. |
On the strength of items 11 and 12 of the Concurrent Legislative List and sections 31 and 121 of the Electoral Act the Court of Appeal in the case of A.C. & ORS V OSUN STATE & ANO. Suit No. CA/1/11 2008 nullified the Local Government Elections held in 2007 in Osun State because the Osun State Independent Electoral Commission (OSIEC) did not comply with Sections 31 and 121 of the Electoral Act 2006. |
2. |
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Constitutionality of Caretaker Administration of Local Government Councils by virtue of section 7 and other relevant sections of the constitution; the composition of Local Government Council as democratically elected was guaranteed. Before assuming the functions of their offices all elected government functionaries were sworn to an Oath wherein they undertook to protect, defend and faithfully execute the laws and constitution of the Federal Republic of Nigeria. Therefore the resort to appointing people to manage or run the affairs of the local government councils outside the constitutional framework is a clear violation of the constitution which must be outlawed. SIECs therefore propose that section 7 of the Constitution be amended to provide that elections into Local Government Councils MUST be held at least three months before the expiration of the tenure of the incumbent administration. In addition all Election petitions must be concluded by the tribunals before the swearing in of the new Councils. |
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We propose that the constitution be amended to provide that State Electoral Commissions conduct all state elections. Recently a case has been made by well meaning Nigerians including General I. B. Babangida that State Independent Electoral Commissions should be allowed to conduct House of Assembly and Governorship Elections with the funding provided by the Federal Government through the Federation Account directly to the various State Independent Electoral Commissions. This, no doubt, is in tune with the spirit of true federalism which is the cornerstone of the 1999 Constitution and is the practice in most of the federal constitutions of the world. |
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In the same vein we propose that the Constitution be amended to vest in the State Independent Electoral Commissions the power to conduct voter registration exercise. This is logical because the State Independent Electoral Commissions are the electoral bodies on the ground and therefore closer to the voters. |
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Internal democracy of the political parties: The cornerstone of any constitutional democracy lies in the nature, composition and operational mechanism of the political parties. This is imperative because ultimately the political parties form government after winning elections. They will then be invested with the authority of the state to operate the constitutional mechanism. It is our considered opinion that a political party that neither believes, operates nor practices internal democracy cannot and will not practice democracy while in government. The total effects of the absence of internal democracy in most of the political parties are to stunt not only the proper seeding of democracy predisposition in our attitude and culture but completely prevent the growth of our own brand of real constitutional democracy. What exists now is not true democracy as understood and practiced world wide. |
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Political party Executives and Candidates MUST emerge through free and fair primaries and congresses that follow due process. We therefore propose that the Register of party members and delegates must be submitted to the SIECs at least 45 days before the Primaries and Congresses. |
IN CONCLUSION WE CALL ON ALL THOSE VESTED WITH THE AUTHORITY OF THE STATE IN THE INTEREST OF THE NATION TO BE ALIVE TO THEIR OATH OF OFFICE WHICH THEY WERE SWORN TO, TO CONSCIOUSLY AND UNCONSCIOUSLY SUBJECT AND SUBMIT TO THE DICTATES OF THE CONSTITUTION AND THE LAWS, EXERCISE DUE DILIGENCE IN THE DISCHARGE OF THEIR CONSTITUTIONAL FUNCTIONS AND RESPONSIBILITIES.
Signed
AMB. Prof. S.O. Emejuaiwe Barr. Prof. Nuhu Mohammed Jamo
National Chairman Secretary General
FOSIECON FOSIECON |
