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INEC Challenges Atiku, Obi’s Suit On BVAS

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The Independent National Electoral Commission (INEC) has asked the Presidential Election Petition Court to vary the orders that were granted to the candidates of the Peoples Democratic Party (PDP) and Labour Party (LP), Atiku Abubakar and Peter Obi, respectively, to inspect materials used for the last presidential election.
INEC, in a motion on notice filed on March 4, is praying the court to vary the order which restrained it from tampering with materials used for the election.
The commission said it needed to reconfigure the Bimodal Voter Accreditation System (BVAS) for the next round of elections.
The appellate court had on March 3 granted leave to Atiku and Obi to inspect election materials used by INEC in the conduct of the February 25 presidential election.
A panel of the appellate court led by Justice Joseph Ikyegh granted the permission following two separate ex parte applications filed by Atiku and Obi, who came second and third respectively in the presidential election won by Asiwaju Bola Tinubu of the All Progressives Congress (APC).
In the application filed by the commission and sighted by The Tide source, the commission is asking the court to vary the order to allow it to reconfigure its 176,846 BVAS for the March 11 governorship and state houses of assembly elections.
Our source reports that it is the sole prayer in the application of the electoral umpire filed at the court.
No date has however been fixed for hearing of the application.
According to a source, considering the number of BVAS required to conduct the election across the states, INEC needs to reconfigure the BVAS used for the February 25 elections and deploy them to polling units for the March 11 elections.
The source said that the technical team of the commission had to be deployed on time to start the reconfiguration of the devices, which had to be done one by one.
The official further said the order was pertinent as not getting it could result in the postponement of the Saturday governorship and state houses of assembly elections.
The credible source explained that the application became necessary following the order restraining INEC from tampering with the information embedded in the BVAS machines until the due inspection was conducted and Certified True Copies of them were issued, noting that the commission would require sufficient time to reconfigure the BVAS needed to conduct the polls.
The INEC National Commissioner and Chairman of Voter Education and Publicity, Festus Okoye, could not be reached for a reaction on Monday as he did not respond to several calls and the text message sent to him on the issue.
Meanwhile, the PDP has said the ruling of the Court of Appeal granting its presidential candidate permission to inspect election materials had yet to be complied with by the electoral commission.
A member of the National Working Committee of the party disclosed this to The Tide source on Monday.
Speaking on condition of anonymity, the NWC member stated that part of the reason for the protest by the party chieftains on Monday was the refusal of the commission to obey the order of the appellate court.
“The legal team of the PDP has not commenced the process of inspecting the documents used for the election, not because it is not ready but because INEC has not granted the team access to the materials.
“It is too early to say that they have an ulterior motive but they can’t deny us of our right. They can only delay the process but they cannot stop the PDP.”

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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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