The Independent National Electoral Commisson (INEC) is warning State Independent Electoral Commissions (SIECs) against breaching electoral laws through the issuance of short notices for Local Government elections.
The commission described the recent trend of announcing elections with only 21 days’ notice as a clear violation of the Electoral Act 2022 and the subsisting judgment of the Supreme Court.
The Chairman of INEC, Prof. Mahmood Yakubu, raised the concern in Abuja during a courtesy call on him by the leadership of the Forum of State Independent Electoral Commissions of Nigeria (FOSIECON).
He warned that failure to issue proper statutory notices not only undermines the credibility of elections but also renders the process legally vulnerable.
According to him, while INEC is not responsible for conducting local government elections in the states, it remains obligated to provide the voters’ register, list of polling units, and registered political parties to the SIECs.
He added that these responsibilities have always been discharged promptly and transparently.
Citing the Federal Capital Territory (FCT) as a model, Yakubu said INEC releases its election timetable over a year in advance and has never relied on caretaker committees in any of the six area councils. “
The INEC chairman urged SIECs to align their operations with the Electoral Act which he said also applies to local government elections beyond the FCT.
He said, “While both INEC and SIEC are creations of the Constitution, some responsibilities for electoral activities are actually exclusively those of INEC
“For example, voter registration is the exclusive responsibility of INEC, but we’re under obligation to make the current register of voters available to the state electoral commissions.
Secondly, we also create and allot voters to polling units, and we make these polling units available to the state electoral commissions.
“INEC is also the sole registrar and regulator of political parties. So we make available to the state electoral commissions the list of political parties for local government elections. No State Independent Electoral Commission has ever been denied the voters register, the list of polling units, or the list of political parties for elections. We have always discharged this responsibility promptly, and will continue to do so.
“I’m glad that the chairman of the state electoral commissions drew our attention to the provision of the law. I wish to draw your attention to the importance of adhering to the relevant provisions of the Electoral Act 2022, pertaining to local government elections, particularly the omnibus provision of Section 151, and Sections 98 to 113, dealing with the procedure for area council elections in the federal capital territory, with the law says equally applies to the conduct of local government elections around and across the country.
“For instance, the next area council election in the FCT takes place in February next year. But early this year, we released the timetable and schedule of activities for the election, over 360 days ahead of the election as provided by law. It is on this note that I would like to seize this opportunity to draw your attention to the judgment of the Supreme Court, which the chairman of FOSIECON alluded to on the conduct of local government elections.
“Conducting Local Government elections without serving the mandatory statutory notice long before the election contravenes the judgment of the Supreme Court. Recent announcement by a state electoral commission, which keeps in effect on 21 days notice, is not only a violation of the law and the subsistence judgment of the Supreme Court, it is also a practical problem.
“Within 21 days, how do you expect political parties to conduct primaries, nominate candidates, organize campaign, and for the electoral commission to conduct voter education, recruit and train ad-hoc staff, manage logistics, and organize security for the election? It’s practically impossible to do that within 21 days.”
In his remarks, FOSIECON Chairman and Head of the Kogi SIEC, Mamman Nda Eri, raised concerns over financial constraints and called on INEC to champion the cause for financial autonomy for SIECs.
He also sought guidance on harmonising state electoral laws with federal provisions, especially following the Supreme Court’s recent position on election timelines.
Friday Olokor
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