Politics
Electoral Act Amendment: Still Riding The Storm
If members of the National Assembly had hoped to give themselves a quiet and rejuvenating break from their legislative labours through the year when they decided to keep the consideration and passage of the Electoral Act Amendment Bill as the last item on their agenda before proceeding on their annual recess, they must have realized by now that they didn’t do themselves any favours by the way they handled the matter, especially section 52 (3).
As things have turned out, they murdered their own sleep when they ended up with varying and divergent positions on the subject matter of the electronic transmission of election results from the polling units that fall short of the yearnings and aspirations of the people.
From the proposition, that the Independent National Electoral Commission (INEC) could employ electronic transmission of results where practicable, as indicated in section 52 (3) of the amendment bill, the senate, by a 52 votes to 28 (with 28 absentions) concluded that INEC should consider electronic transmission only if the national network coverage is adjudged by the Nigerian Communications Commission (NCC) to be adequate and secure, and then approved by the National assembly.
According to the Senate, “The commission may consider electronic transfer provided the national network coverage is adjudged to be adequate and secure by the Nigerian Communications Commission and approved by the National Assembly”.
The House of Representatives on its part, however, voted to retain the controversial clause which gives INEC the discretion to determine when, where and by what means voting and transmission of results may be conducted.
“Voting at an election and transmission of result under this bill shall be in accordance with the procedure determined by the commission, the House stipulated.
While a wide range of Nigerians and most critical stakeholder groups and individuals have since outrightly faulted, floored and condemned the senate for unconstitutionally subjecting INEC to the NCC in the discharge of its (INEC) assignment, they have not spared the green chamber for falling short of making it mandatory for INEC to transmit results by electronic means, especially when the commission itself has not complained of any inadequacy, inability or impediment to undertake the venture.
The lawmakers, on the other hand, have been laboring to explain and defend their roundly flawed position.
Speaking to newsmen while on a visit to his Yobe North Senatorial District, the Senate President, Ahmad Lawan, said the upper legislative chamber did what it did in defence of Nigerian voters whose votes may not be counted with the immediate deployment of technological means of transmitting results.
“I’m happy that we have been able to pass the amendment even though some people are complaining of what we have passed in the senate and probably what the House of Representatives also passed.
“When the majority of senators voted against immediate application or deployment of electronic transmission of results from the polling units, to the ward, to the local government, states and federal, they didn’t say they do not believe in electronic transmission.
“All of us in the senate, 109 of us, believe that at one point, our electoral process must deploy electronic transmission so that it eases and enhances the electoral process and give it more credibility and integrity”, Dr Lawan said.
Continuing, he said, “But you see, when you have not reached that stage where you could deploy the electronic transmission from every part of the country, then you have to be very careful. And no matter what anybody may say, you can not have about 50 per cent of Nigerian voters not participating or not getting their votes counted in elections and say it doesn’t matter, that we have to start the electronic transmission.
“We know the evils of not transmitting results electronically but compare the evils of electronically transmitting just half of the electoral votes from Nigerians and say you have elected a president with 50 per cent only”.
The Senate President further explained that the lawmakers expect that whenever the NCC is satisfied that INEC could deploy the technology for transmission, both institutions would approach the National Assembly for the final nod, adding that the federal lawmaking body would never turn down the request when all the conditions have been met.
However, the Independent National Electoral Commission has insisted without equivocation that it has what it takes to transmit election results from everywhere in the country, including very difficult to reach locations.
Speaking in reaction to the development on National Television, Festus Okoye, INEC’s National Chairman and Commissioner in charge of Information and Voter Education, said “We have uploaded results from very remote areas, even from areas where you have to use human carriers to access. So, we’ve made our position very clear, that we have the capacity and we have the will to deepen the use of technology in the electoral process”.
Of course, with the success achieved in the Ondo and Edo State’ gubernational elections where INEC opened a portal into which results were posted and made accessible to the public, Nigerians have refused to believe whatever explanation from the naysaying lawmakers and their apologists but are instead insistent that the national electoral body be given all the assistant, support and encouragement to consolidate on the gains already achieved.
Expressing his views on the subject matter, Adekude Adekoya, a public affairs analyst, berated the National Assembly for complicating an otherwise knotty situation.
“Now, this is really bothersome. Instead of simplifying a knotty situation, the senate seems to be worsening it. Why bring NCC into this matter? Why must the National Assembly approve it? There is a fixation about how the results of future elections will be delivered by the ruling faction of the power elite. Why this obsession?”, he queried, adding that “I suspect dark motives behind this obsession with not having electronic transmission of results is because the collation centres, which are actually business centres, will go out of business”.
According to Adekoya, “Unscrupulous politicians have always used the business, sorry, collation centres, to subvert the will of the people, time and again, and they know that the game may be up if electronic transmission is part of the law. It may explain why the clause is worded with trips and traps that will make INEC and NCC collide, while the National Assembly has already appointed itself the umpire.” Suspecting desperation by vested interests that care less about the welfare and wellbeing of the Nigerian people, Adekoya urged the lawmakers to always ensure to deliver the best that Nigerians deserved.
“Must we be stuck with politics of thuggery and elections of ballot box snatching? Technology developed from science to make life and living easier. Why don’t we want it in our electoral systemy? There seems a grand determination by people questing for power to attain it at all costs. A lame electoral law will be a huge enabler”, he said.
Evidently, this is why some Nigerians are clamouring for a review of the bill as passed by the National Assembly through the harmonization process while others are urging the President, Muhammadu Buhari, to withhold his assent unless what is delivered to him provides for the unmitigated power of INEC to organize, supervise and conduct elections without recourse to any other institution or authority as enshrined in the constitution.
However, there appears to be very little or no hope at all that the National assembly will deviate from the path it has taken as the Speaker of the House of Representatives, Femi Gbajabiamila has been reported to be urging the NCC and INEC to work together to deliver credible elections to Nigerians.
Brieging journalists in Abuja, last Tuesday, Rt. Hon. Gbajabiamila said, “INEC is empowered by our laws and the constitution to conduct elections and NCC has the mandate in terms of technology and capacity and all of that. So, they need to work together for us to have credible elections”.
With Nigerians already calling for the prosecution of the NCC officials whose testimony under oath has been found to be false and thereby misled the House of Representatives, the ghost of the Electoral Act Amendment Bill, whose body was laid at the hallow chambers of the National Assembly, will continue to haunt the lawmakers until they come back and meet Nigerians on their terms.
By: Opaka Dokubo
Lawyers representing the All Progressives Congress (APC) at the ongoing local government election tribunals in Benue State have written to the panels’ chairmen over growing security concerns at the tribunal venues.
The lawyers expressed their fears in three separate letters signed by Matthew Burkaa (SAN), Mohammed Ndarani (SAN), and Sunday Ameh (SAN) for Zone A, B and C senatorial districts, addressed to the tribunal chairpersons and made available to journalists in Makurdi.
The local government councils election petitions tribunals were all sitting in Makurdi, the state capital.
In their letters titled “Re: Notice of Tribunal Sitting on Monday 24th February 2025, and Our Security Concerns”, the lawyers urged the court not to sit because of the security concerns.
Mr Burkaa, who is representing the Zone B senatorial district in his letter, said he and his team were representing 294 respondents in all the pending 104 petitions before the tribunal in the zone.
He stated that they received notice through the tribunal secretary, Emmanuel Awuhe, via the ‘Local Government Petition Tribunal Makurdi’ WhatsApp group of the tribunal’s intention to sit on February 24.
Mr Burkaa said the lawyers had received a directive that the tribunal would not sit on February 21, the initially scheduled date and would be heard Monday, February 24.
“We hereby, with regard to the hearing notice against Monday, state our reservation against the said sitting of the tribunal on the following grounds:
“We have noted the brewing tense security situation around the court premises and within the state in the past few days.
“The state of affairs has created a serious security concern for us, as we fear for the safety of our team of lawyers and our clients should they attend the sitting on the said date.
“Consequent upon the above, we hereby respectfully request that the tribunal sitting be adjourned to a further and tentative date when adequate security measures would have been put in place to guarantee our collective security.
“We will be delighted if our request is granted with immediate and adequate consideration,” he said.
Also, Mr Ndarani, representing respondents in the 93 petitions pending before the Zone A senatorial district tribunal, aligned completely with Mr Burkaa.
Mr Ameh, counsel for Zone C respondents in the pending petitions at the tribunal, said the issue of security raised in his letter was a serious one.
A member of the Peoples Democratic Party (PDP), Marvis Ossai, on Monday prayed a Federal High Court in Abuja to declare the Delta North Senatorial seat vacant, following the defection of Sen. Ned Nwoko to the All Progressives Congress (APC).
Mr Ossai, filed the suit marked: FCH/ABJ/CS/325/2025, seeking the lawmaker’s removal, having defected from the party on which platform he came into the Senate.
The plaintiff also urged the court to direct the Independent National Electoral Commission (INEC) to, within 60 days from the delivery of judgement in the matter, conduct a by-election into the Delta North Senatorial District.
Aside from Nwoko, the INEC, PDP and the Senate, were cited as defendants in the matter.
Specifically, the plaintiff, through his team of lawyers led by Mr. Johnmary Jideobi, posed a lone question for the determination of the court.
He prayed among other reliefs, for: “An order of this Honourable Court, directing the INEC (the 2nd defendant) to conduct a bye-election into the Delta North Senatorial District of the Nigerian Senate within sixty (60) days from the date of the delivery of judgment herein.
“An order of this Honourable Court declaring vacant the seat of Ned Munir Nwoko and cancelling his Certificate of Return issued to him by INEC.
“An order of this Honourable Court mandating the 1st Defendant, Nwoko, to refund into the Consolidated Revenue Fund of the Federation, forthwith, all the salaries, emoluments and allowances received by him since January, 2025 until the date of the final judgment in this matter.
“An order disqualifying the 1st defendant from standing election into any elective post under the amended 1999 Constitution of the Federal Republic of Nigeria until and unless he complies with every terms of the judgment in this suit.
“An order mandating the 4th defendant (Senate) to immediately give effect to the judgment of this Honourable Court.”
In a five-paragraph affidavit deposed to by one Ibrahim Isa, the plaintiff, told the court that Sen. Nwoko had on Jan. 30, resigned from the PDP which was the political party on whose platform he was elected to occupy the Delta North Senatorial seat till 2027.
According to the plaintiff, who told the court that he is from Oshimili North Local Government Area in Delta North Senatorial District, Sen. Nwoko’s continued stay in office after his defection, would amount to a gross violation of the constitution.
“That since when the 1st defendant decamped from the PDP up to the present moment of initiating the instant suit, there is never any division in the national leadership of the Peoples Democratic Party (PDP).
“That the ideology of the 1st defendant’s new party, APC, to which the 1st defendant now fully subscribes, does not bear any similarity or represent the political philosophy of the PDP (which is the basis upon which the Plaintiff resolved to cast his vote for and elected the Defendant in 2023).
“That the conduct of the defendant in defecting from the PDP to APC has dealt a major blow to the fortunes of the plaintiff’s party, the PDP.
“That the conduct of the 1st defendant being challenged herein if not condemned and upturned by this Honourable Court will continue to encourage political harlotry, legislative rascality and destroys the reasons for the laws made to regulate the defection of National Assembly Members by the Constitution of Nigeria itself.
“That the continuous stay of the 1st defendant at the Federal Senate of the Federal Republic of Nigeria does no longer represent the Plaintiff’s interest or that of thousands of other members of our constituency who voted him in on the basis of our faith in our Party’s manifesto which they believed the 1st Defendant was capable of representing in the Federal Senate of the Federal Republic of Nigeria.
“That the defendant is now representing adverse interests of the people who fought the Plaintiff’s party tooth and nail [in the year 2023] to forestall the emergence of the 1st Defendant as the Member Representing Delta North Senatorial District Federal Constituency on the platform of the People’s Democratic Party, (PDP).
“That time is of the greatest essence in the instant application.
“It will be in the interest of justice for this Honourable Court to grant the prayers contained on the face of this Originating Summons,” the affidavit further read.
The suit is yet to be assigned to any judge for hearing.
President of the Senate, Sen. Godswill Akpabio, on Monday, defended the tax reform bills introduced to the National Assembly by President Bola Tinubu, saying that the bills would shape the future of the country’s economy.
He spoke in Abuja as the Senate Committee on Finance opened the long-awaited public hearing on the bills, urging all stakeholders to thoroughly examine the bills, considering the impact they would make on revenue generation and redistribution in the country.
The tax reform bills are, The Nigeria Tax Bill (NTB) 2024; The Nigeria Tax Administration Bill (NTAB) 2024; The Nigeria Revenue Service (Establishment) Bill (NRSEB) 2024; and The Joint Revenue Board (Establishment) Bill (JRBEB) 2024.
Sen. Akpabio noted that the misconceptions and fears about the bills were spread mostly by persons and groups that had hardly read the provisions.
He called all those opposing the bills to seize the opportunity of the public hearing to tell Nigerians why they believed the bills were bad for their well-being.
The Senate President stated, “The four bills, some leaders and elders have never read them. They only rush to the television to make comments.
“I call on all Nigerians, who are against the bills, to come and make their contributions. Don’t follow social media commentaries to act, read the bills.
“This is the future of Nigeria, these tax reform bills. All oversights by the Senate are suspended for now for us to devote enough time to the public hearing.”
Sen. Akpabio observed that while discussions or pronouncements about tax scare people, the truth remains that less than 30% of Nigerians pay taxes.
According to him, over-reliance on crude oil revenue has made many Nigerians to assume that paying taxes is unnecessary.
“At a time when oil revenue is dwindling, we have to think out of the box by sourcing money from other areas. This is a fact.
“I don’t think up to 30% of Nigerians pay tax. Yet, everyone wants good services and good governance.
“This is Nigeria. Nobody believes in the rule of law and nobody believes that tax works”, he added.
A long list of stakeholders attended the opening of the hearing on Monday.
