Politics
Omo-Agege Initiates Electoral Act 2010 Amendment Bill
Deputy Senate President, Ovie Omo-Agege on Monday said, he had introduced a bill for comprehensive amendment of the Electoral Act No. 6 of 2010.
Omo-Agege said this at the Nigeria Civil Society Situation Room Stakeholders Forum on Elections, organised by the coalition of more than 70 civil societies in Abuja.
He said the bill, co-sponsored by Sen. Abubakar Kyari of Borno North Senatorial District, was now making its way to public hearing, having scaled Second Reading with overwhelming bipartisan support in the Senate.
“It is a decisive response to a plethora of our Supreme Court’s decision inviting the National Assembly to make sensible amendments to the Electoral Act.
“And I believe it is responsible for us to take the apex court’s constructive guidance on issues that fundamentally affect our democracy.
“This apart, Section 153 of the Electoral Act, 2010, as amended, specifically and expressly empowers INEC to “issue regulations, guidelines, or manuals for the purpose of giving effects to the provisions of this Act and for its administration thereof.
“The pervasive non-compliance with the Guidelines, Regulations and Manuals, would carry clear consequences for people who think violating electoral due process is a rewarding exercise.
“The proposed Bill to amend the Electoral Act would focus on resolving issues surrounding INEC’s introduction of modern technologies into the electoral process, particularly accreditation of voters.’’
Omo-Agege said that the bill would also mandate INEC to publish the Voters’ Register for public scrutiny at every Registration Area and on its website, at least seven days before a general election.
According to him, it also mandates INEC to suspend an election in order to allow a political party that loses its candidate before or during an election to conduct a fresh primary to elect a replacement.
He said the bill would grant agents of political parties the right to inspect original electoral materials before the commencement of election, define over-voting to include situations where “total votes cast also exceed total number of accredited voters’’.
According to the lawmaker, it also provides greater clarity and transparency in the process of reaching the final announcement of election results, starting with sorting of ballots, counting of votes among others.
Omo-Agege said the bill would mandate INEC to record and keep relevant detailed information of results sheets, ballot papers and other sensitive electoral materials used in an election, with clear consequences for violation.
He said the bill also provided sanctions for giving false information on registration of a political party, and that failure by INEC and others to comply with any provision of the Act carried clear and adequate sanctions.
INEC Chairman, Prof. Mahmood Yakubu, who was represented by Mr Festus Okoye, Chairman Information and Voter Education, said the Commission was committed to electoral reforms that would strengthen the power and value of the vote.
Yakubu said the Commission would work assiduously with critical stakeholders in the electoral process in providing clarity, removing ambiguities, plugging existing lacuna in laws and constitutionally implementing those aspects of the law that guaranteed the credibility of elections.
“The Commission will definitely send its proposals to the National Assembly to clearly state aspects of the existing Law it supports, aspects that need further retooling, and new proposals that will strengthen the electoral process and the regulatory functions of the Commission.’’
Mr Abubakar Malami, Attorney General of the Federation and Minister of Justice, said the President Muhammadu Buhari-led administration was committed to tackling electoral fraud and violence through the establishment of an Electoral Offences Commission.
Malami who was represented by Ms Juliet Ibekaku, Senior Special Assistant to the President on Ethics and Justice, said the government was already working with the 9th National Assembly with a view to ensuring an early passage of amendments to the Electoral Act and the Election Offences Commission Bill into law.
Earlier, Mr Clement Nwankwo, Convener, Nigeria Civil Society Situation Room, said the objective of the event was to discuss the current state of the electoral environment in the country.
Nwankwo said it also aimed to make recommendations and suggestions that would improve the political and electoral process in Nigeria.
“We believe INEC has the responsibility to be a key driver of the much needed change in the electoral sector,’’ he added.
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.
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.
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.