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In Search Of Solution To Nigeria’s Electoral Problems

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Recently the Senate annual retreat ended in Enugu with issues bordering on the proposed constitutional and electoral reform taking centre stage. Apart from using the brimming opportunity afforded by the retreat to reminiscence on their activities in the preceding year, the Senate also uses the forum to search for functional electoral system.

Also, late last month the launching of the Face of a Nation: Democracy in Nigeria, Foreign  Relations and National Image at the Nigerian Institute of International Affairs (NIIA) in Lagos opened another window for Nigerians to chart a new course for the nation’s problematic electoral system. The current efforts at reforming the nation’s electoral system formed major part of the discussion.

President Umaru Musa Yar’Adua declared the readiness of his administration to provide the necessary support for the National Assembly in the ongoing process to amend the constitution and the Electoral Act preparatory to 2011 election insisting that once the process was effectively completed, it would go a long way in checking the myriads of social ills bedeviling the country.

He noted that once the issue of election was addressed, every other thing would fall in place, adding that since the people were very eager to be counted in the process of governance, getting their confidence had become paramount.

The President of the Senate, Senator David Mark stated that the Senate had a number of significant bills before it for consideration, noting that one of the most pressing issues has been that of electoral review. According to him, the major issue before the Senate and as the elected representatives of the people was how to provide the nation with an enduring electoral system, true representation of the wishes and aspirations of the people of Nigeria.

He made it clear that transparent, free and fair elections bestow legitimacy on leadership and create the vital link between government and people.  In his words: “We cannot overemphasise the need for a well articulated and functional electoral system that meets all standards of creditability, acceptability, goodwill, fairness and justice”. Basically, as it were Mark then took on those calling for the removal of the chairman of the Independent National Electoral Commission (INEC), Prof. Maurice Iwu, as panacea to the problems plaguing the nation’s electoral system as only trivialising an important national issue. He said that removing the chief electoral officer should not be the utmost importance at this point, but that efforts should be made to ensure that the on-going review of the electoral process be conclude before next general election.

The Senate President stated that the theme of the retreat “legislating for an Enduring Electoral System in Nigeria” was apt as it has come at a time when the Nation is working assiduously to catch up with other developed democracies of the world by ensuring that the process that  throw up a transparent electoral process is entrenched. Admittedly he said, “there is room for improvement in our electoral system and I also admit that there is need for reform in our system. But may I quickly add that our process is certainly not the worst in the world as some self-styled political analysts would want to believe and let me say further and more emphatically this time that the removal of Prof. Maurice Iwu is not the review or reform of our electoral process. Removal of Iwu is not synonymous with electoral reform or review. Those calling for the removal of Iwu as the first step are trivializing a very serious national issue.

“There are some people who however, are of the opinion that the electoral system in Nigeria has progressively posed problems since our  Independence. What is before us now, is to see how best we can reverse this trend and opinion so as to ensure that subsequent elections, there is less rancour, acrimony and disagreement.

And also as Nigeria has been at the forefront of championing democratic processes, regionally in West Africa and on the continent, we cannot afford to fail.”

Mark also emphasised the need for an enduring electoral system in order to sustain democracy and for Nigeria to play her role in the international arena, where many countries look up to the country for support and leadership.

Prof. Bolaji Akinyemi who presided at the launching of the Face of a nation. Democracy in Nigeria, set the ball rolling by drawing attention to some issues in the electoral reform and the need for the elected National Assembly members to ensure the completion of the electoral process before 2011 elections.

He also made comparison between option  A4 and open-secret ballot system, insisting that the latter is the best system for the electoral system in the country.

There is now a consensus that it is the better part of wisdom for the National Assembly to concentrate on just electoral reform than lump them with constitutional reforms.

According to him, 2011 is too critical for the survival of this country for us to miss the opportunity to put a credible electoral system in place, at least, a year before the actual elections starts. Therefore, he appealed to the National Assembly to forgo the exercise of a wholesale revision of the 1999 constitution and concentrate on the various electoral reform bills before it.

Secondly, he noted we need to be careful that the solution which we propose will not do more damage than good.

Let me say with all the emphasis at my command that option  A4  is not the solution. It is inappropriate and inapplicable. The historical facts are that option  A4 was used for party primaries was that contests started at ward level and state level before the national level. So much has been said about voters queuing behind pictures of candidates. It did not happen all over the country. The common feature in all the elections was the use of the open-secret system, where ballots are marked secretly but cast openly, is the best system. That is what we should be emphasising and advocating. The use of the open secret system, where ballots are marked secretly but cast openly, is the best system”.

Former Senate President Senator Ken Nnamani, in his own presentation submitted that every development starts from the ballot box, not necessarily election, even as he admitted that the 2006 Electoral Act passed under his leadership in the Senate omitted certain things that would have helped the electoral process in the country.

He listed four things that National Assembly should endeavour to include in the electoral reform namely: Appointment of the chairman of the electoral body not be done by a sitting executive recommended by the Justice Mohammed Uwais-led Electoral Reform Committee, no candidate must be declared winner until all judicial interventions have been concluded, onus of proof  should be on the candidate not the electoral management body and the Independent National Electoral Commission should be autonomous.

Nnamani appealed to the National Assembly to conclude  everything on the electoral reform before 2011 election, adding that the Electoral Act is not the problem but the inability to apply it properly by the relevant institutions entrusted by law with such power.

Noting that the electoral process would be better if things are done accordingly.

Our problem is not electoral reform, our biggest problem is the lack of free and fair election in the country.

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Reps Seeks To Retain Immunity For President Only

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On Wednesday, the House of Representatives passed, through a second reading, a bill seeking to retain immunity for the Office of the President and remove immunity from the Vice President, the Governors and the Deputy Governors.
The bill was one of the 42 considered and passed through the second reading stage during plenary presided over by the Deputy Speaker, Mr Benjamin Kalu, in Abuja.
Sponsored by Hon. Solomon Bob (Rivers PDP), the bill is seeking the amendment of Section 308 of the 1999 Constitution to guard against abuse of office and to ensure transparency in governance.
The long title of the proposed legislation read: “A Bill for an Act to alter the Constitution of the Federal Republic of Nigeria, 1999, to qualify the immunity conferred on the President, remove the immunity conferred on the Vice President, the Governors and their deputies, in order to curb corruption, eradicate impunity and enhance accountability in public office and for related matters.”
Key amendments include changes to Section 308 of the Constitution, which currently grants immunity to the president, vice president, governors, and deputy governors while in office.
The proposed bill will amend subsection 3 to ensure that immunity only applies to the President and the vice president when acting as President under Section 145 of the Constitution.
Additionally, a new subsection 4 will be introduced to make the immunity clause inapplicable if the office holder is acting in an unofficial capacity, engaging in actions beyond the powers of the office, or involved in criminal conduct.
“The bill seeks to foster transparency and strengthen the fight against corruption by making public officials more accountable for their actions, both in and out of office.”
“Section 308 of the principal Act is amended by:(a) substituting a new subsection (3) as follows: “(3) This section applies to a person holding the office of the President of the Federal Republic of Nigeria and the Vice President only when acting as President, in line with Section 145 of this Constitution.
Creating sub section (4) thereto as follows:”(4) The foregoing provisions of this section shall be inapplicable where the person to whom this section applies is acting in an unofficial capacity or where the conduct of the person is beyond the powers of his office or the conduct is criminal in nature.
“This Bill may be cited as the Constitution of the Federal Republic of Nigeria (Alteration) Act 2024.
The bill is currently awaiting further debate and consideration by the National Assembly.

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Recall From NASS: INEC Confirms Petitioners’ Contact Details Receipt, Notifies Natasha

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The Independent National Electoral Commission (INEC) has written to notify Natasha Akpoti-Uduaghan, the senator representing Kogi Central, about the petition by constituents seeking her recall from the national assembly.
INEC said it has also received the contact details of the petitioners.
“Pursuant to section 69 of the constitution of the Federal Republic of Nigeria 1999, as amended, I write to notify you of the receipt of a petition from representatives of registered voters in your constituency seeking your recall from the senate.
“The notification is in line with the provisions of clause 2 (a) of the Commission’s Regulations and Guidelines for Recall 2024.
“This letter is also copied to the presiding officer of the senate and simultaneously published on the commission’s website. Thank you”, the letter read.
The letter was signed by Ruth Oriaran Anthony, secretary to the commission.
Meanwhile, in a statement issued on Wednesday, INEC said it has now received the updated contact details from representatives of petitioners seeking to recall the senator.
In the statement, Sam Olumekun, INEC’s National Commissioner and Chairman of Information and Voter Education, said a letter notifying the senator of the petition has been delivered to her official address, copied to the senate presiding officer, and published on the commission’s website.
“The next step is to scrutinise the list of signatories submitted by the petitioners to ascertain that the petition is signed by more than one half (over 50%) of the registered voters in the constituency. This will be done in the coming days.
“The outcome, which will be made public, shall determine the next step to be taken by the Commission. We once again reassure Nigerians that the process will be open and transparent”, Mr Olumekun said.
Sen. Akpoti-Uduaghan had recently accused Senate President Godswill Akpabio of sexually harassing her.
The allegation came in the wake of seating arrangement related altercation between Senator. Akpabio and the Kogi Central senator at the red chamber
She was subsequently suspended from the senate for six months for “gross misconduct” over the incident.
The constituents behind the recall move also accused her of “gross misconduct, abuse of office, and deceitful behaviour”.
The senator has denied wrongdoing and called the recall effort a “coordinated suppression” of her voice.

 

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Bill To Upgrade Lagos LCDAs To LGAs Pass Second Reading

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The House of Representatives on Wednesday passed the second reading of a bill to upgrade the Lagos State 37 Local Council Development Areas (LCDAs) to full-fledged Local Government Areas (LGAs ).
The bill, was sponsored by James Faleke, Babajimi Benson, Enitan Badru, and 19 other lawmakers.
The bill is titled “A Bill for an Act to Alter the Constitution of the Federal Republic of Nigeria, 1999 (as amended) to Accommodate the Thirty-Seven (37) Development Area Councils of Lagos State as Full-Fledged Local Government Areas, Increasing the Total Number of Local Government Areas in the Federation to Eight Hundred and Eleven (811), and for Related Matters (HB. 1498),”
Once fully enacted, Nigeria’s total number of LGAs will rise from 774 to 811, with Lagos overtaking Kano and Katsina, which currently have 44 and 34 LGAs, respectively.
Proponents of the bill argue that granting full LGA status to the LCDAs would bring governance closer to the people. The 37 LCDAs were created by President Bola Tinubu in 2003 when he was governor of Lagos State.
However, it’s worth noting that the Lagos State House of Assembly has been working on a bill to replace the 37 LCDAs with newly designated administrative areas.

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