Electoral Act: INEC still working on existing law

The Independent National Electoral Commission (INEC) said yesterday that it was not in its place to take sides in the current face-off  between the executive and the National Assembly on the sequence of the 2019 general elections.

The Senate and the House of Representatives, in their  amendment to the order of elections, want the National Assembly  election to precede others, especially the presidential poll.

Supporters of President Muhammadu Buhari interprete the move as a strategy to stop him from winning re-election.

They wonder why the National Assembly  is desperate to dictate to the commission on how it conducts elections.

They point to the fact that the presidential and National Assembly elections have always taken place on the same day.

On Thursday, Buhari met with the leadership of the National Assembly to discuss the logjam over the order of the elections.

That was 24 hours after he wrote a letter to the National Assembly stating his reasons for declining to assent to the Electoral Act Amendment Bill.

The NASS had threatened to override his veto.

However, contacted on the matter yesterday, the Chief Press Secretary to the Chairman of INEC, Mr. Rotimi Oyekanmi, said the commission was yet to  “take a stance on a process that is yet to be concluded.”

Reviewing the process so far, he said: “It is within the powers of the National Assembly to make laws.

“The 1999 Constitution has also clearly stated the process through which a bill enacted by the National Assembly can metamorphose into a valid law.

“Part of the process is the prerogative of the President to either give or withhold assent.

“While it is true that the Independent National Electoral Commission made recommendations to the National Assembly during the Electoral Law amendment process, it is not in our place to take a stand on a process that is yet to be concluded.”

Oyekanmi also said that he does not see the logjam affecting the 2019 general election as the commission insisted that it is still working on the basis of existing law.

His words: “INEC fixed the dates for the 2019 general elections in exercise of the powers conferred on it by Section 30 (1) of the Electoral Act 2010 (as amended).

“Remember that the tenure of the President, Vice President, governors and deputy governors of the states (except Kogi, Bayelsa, Edo, Osun, Ekiti, Ondo and Anambra) will expire on 28th May, 2019, while membership of the National and State Assemblies will standdissolved on 8th June, 2019.

“Now, Sections 76 (2), 116 (2), 132 (2) and 178 (2) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) and Section 25 of the Electoral Act 2010 (as amended) state that elections into the said offices shall hold not earlier than 150 days and not later than 30 days before the expiration of the term of office of the last holder.

“It was based on these considerations among others that the Commission on January 9 announced the timetable and schedule for the 2019 general elections.

“So, as far as INEC is concerned, there’s a law in place at the moment.”

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