• House of Reps considers Local Council Electoral Commission for LG polls
• ‘Court of Appeal as final arbiter of governorship tussles’
• Stakeholders laud ‘cost-saving’ move, wary of INEC’s capacity

The proposed bill by the House of Representatives to simultaneously conduct all elections into the offices of the president, state governors, National Assembly, State Houses of Assembly and Local Government Areas (LGAs) on the same day has elicited mixed reactions among stakeholders.

While most Nigerians agree with the need to compress election days and save avoidable costs, they also raised reservations about Nigerians and the Independent National Electoral Commission’s (INEC) readiness for the proposed cumbersome phase.

The lawmakers, in a bid to ensure credibility in the electioneering process at the plenary yesterday, made significant inroads towards the conduct of all elections in a day.

Similarly, the House also considered establishing the Local Government Electoral Commission (LGEC) to conduct all local council elections, which are currently conducted and funded by the State Electoral Commission.

The proposed legislation on the conduct of elections on the same day, sponsored by members of the House, Ikenga Ugochinyere, Francis Ejiroghene Waive, and 34 others, scaled the second reading at a plenary presided by the Deputy Speaker, Benjamin Kalu.

The bill aims to alter provisions of the 1999 Constitution (as amended) to provide that General Elections to the Office of the President, State Governors, National Assembly, State Houses of Assembly and Local Government Area Councils shall be conducted simultaneously on the same date to be determined by the Independent National Electoral Commission in consultation with the National Assembly.

The bill for the establishment of LGEC also scaled the second reading, seeking to alter the Constitution to establish the National Local Government Electoral Commission as an independent body responsible for organising, conducting, and supervising elections into the offices of Chairmen, Vice Chairmen and Councilors of all the Local Government Councils across the Federation.

The proposed legislation, sponsored by the Deputy Speaker and eight other lawmakers, was presented for second reading by the House leader, Julius Ihonvbere.

According to the Sponsor and Co-sponsors, the Commission, when established, will ensure the credibility, transparency, and fairness of local government elections and promote democratic governance at the grassroots level.

Great move, but for INEC’s readiness
RECALL that in 2015, INEC reordered the course of the election, bringing the presidential and national elections first before that of the governors and the state Assemblies, which many Nigerians claimed created a bandwagon effect on the state elections.

Also, in 1998, the National Electoral Commission conducted the local government elections that were judged the best to date. It was the only council poll where opposition parties won chairmanship seats in areas where they were strong. However, thereafter, the ruling parties adopted a winner-takes-all method using State Electoral Commissions, which were appointed by sitting state governors and ruling parties.

A former Minority Leader in the Senate, Olorunnimbe Mamora, said the idea of conducting elections would reduce cost, stress on the electorate and eliminate the bandwagon effects to some extent, “but is Nigeria ripe for such?”

He, however, faulted the proposal for LGEC to oversee council polls, adding that the decision would affect the principle of true federalism.

He disagreed with a repeat of the 1998 antecedent when a national electoral body held council polls. He said Nigeria is no longer under military rule.

The chieftain of Ohanaeze, Goddy Uwazurike, quickly disagreed with Mamora, saying the House’s proposal was the best.

Uwazurike said: “As long as the 1999 Constitution could be amended to cover this, then the shenanigans Nigerians have been witnessing as council polls, where governors installed their cronies, will stop.”

He noted that whatever initial challenges it has could be addressed. He also threw his weight behind a proposed LGEC to conduct council polls.

He said: “A particular system has failed us over 25 years. There is a need to try another one.”

The Director-General of National Conservative Forum (NCFront), Wale Okuniyi, noted that as good as the proposal is, it implies the amendment of the constitution.

Okuniyi said the capacity of INEC to hold multiple elections in a day is a problem to consider. Otherwise, it is supposed to be the best.

In support of the position of the House, a professor of law and vice-chancellor of the Protestant University of Rwanda, Olu Ojedokun, said the House is right to pass the bill, aiming to conduct all elections in one day.

He said all the polls should be conducted on the same day to reduce costs and ensure efficiency.

The VC said: “If all elections should be done in one day, none will influence the others. There was no movement for two days (in the past general elections) because of the election! Why do we have to shut down the country for elections?

“If we do all the elections in one day, it will reduce cost, time, and restriction hours. We can learn from the U.S., France and other countries that use the method.

“The Independent National Electoral Commission (NEC) needs to plan well for it. If INEC starts planning now, it can do it.”

In another reaction to the bill on compressed elections, a former Head of Department (HOD), Political Science and International Relations, Lead City University, Ibadan, Prof. Akeem Amodu, said the ideal thing should be starting from the bottom to the top.

He noted that the gubernatorial and State Assemblies polls should be held first, followed by the presidential and National Assembly.

Amodu said, “Given the Nigerian understanding of politics and an economy that does not give room for citizens to think out of the box, the bandwagon effect will happen. There is a tendency for the party that won the presidential poll to incentivise and induce voters. As a result of this, the victorious party is ready to buy people’s votes and consciences.

“The ideal thing should be starting from the bottom to the top. The last three elections followed that pattern.

That is, local first, followed by the state poll, parliamentary and federal presidential elections to get the best. That will change the bandwagon dynamics and narrative.”

On his part, the Head of Department (HOD) of Political Science, University of Ibadan, Prof. Adewale Yagboyaju, said: “These are different options with their merits and demerits.  From local to presidential elections, it will be more expensive than we have today.

“There may indeed be bandwagon effects, but that may not always be true. For instance, in Oyo State, in the 2023 presidential and National Assembly polls, the All Progressives Congress (APC) won almost all seats. Still, at the governorship and state assembly polls, the People’s Democratic Party (PDP) swept them all.

“This means bandwagon effects cannot be automatic. Going back to the former method may not necessarily count. Re-ordering to the former method should come with profound outweighing benefits that we can point to. Anything we push for should be more beneficial than the existing one.”

The bill’s draft on LGEC states that the National Local Government Electoral Commission shall consist of the Chairman and 37 other members representing 36 states of the Federation and the Federal Capital Territory, Abuja.

It also states that the Chairman, who shall be the Chief Electoral Officer and members of the Board shall be appointed by the President of the Federal Republic of Nigeria on the recommendation of the National Council of States and subject to the confirmation of the Senate.

The Commission is expected to provide periodic reports on its activities and the outcomes of local government elections to the President, the National Assembly, and the general public, promoting transparency and accountability in its operations.

The Commission is to, among others, be saddled with the responsibility for organising, conducting, and supervising elections into the offices of Chairmen and Councilors of all Local Governments in the Federation, including the Area Councils of the Federal Capital Territory; setting the election timetable, managing polling processes, and ensuring compliance with electoral laws; and overseeing the registration of voters for local government elections, maintain an accurate and up-to-date voter register, and ensure that eligible citizens are provided with access to participate in the electoral process.

“The Secretary of the Board of the National Local Government Electoral Commission shall be appointed by the President on the recommendation of the Board of National Local Government Electoral Commission who shall be a legal practitioner of not less than 10 years,” Ihonvbere said in his lead debate.

Appeal court as final arbiter…
THE House also passed through second reading another bill seeking to make the court of appeal the final arbiter for determining governorship election petitions in the country.

Sponsored by a lawmaker representing Ndokwa East/Ndokwa West/Ukwuani Federal Constituencies of Delta State, Nnamdi Ezechi, the proposed legislation seeks to alter section 246 of the 1999 constitution.

Section 246 of the constitution states that the court of appeal’s decisions regarding litigations arising from the national and state Houses of Assembly election petitions shall be final if the proposed legislation is passed into law; the section will include governorship elections.

Presenting the bill’s general principles, Ezechi said the proposed legislation is intended to mitigate delays and save costs in post-election litigation. According to him, if enacted, the law will prevent gubernatorial election disputes from reaching the Supreme Court.

[Guardian]

The Senate Committee on Ethics, Code of Conduct and Public Petitions threw out Mrs Akpoti-Uduaghan’s petition, saying the matter was already a subject of litigation.

The petition was written by Mr Zubairu Yakubu, one of Senator Akpoti-Uduaghan’s constituents.

Senator Onyekachi Nwebonyi (APC – Ebonyi South)  and a former Minister of Education, Dr. Oby Ezekwesili, clashed over the handling of the sexual harassment allegations.

Dr Ezekwesili, a witness, had accompanied Yakubu, who appeared before the Senate Committee, to defend the petition.

A war of words ensued between Nwebonyi and the former minister, who complained about how the allegation was being handled by senators.

However, the Committee ruled that it could not sit on the petition, in view of a pending case filed against Senator  Akpoti-Uduaghan by Dr. Unoma Akpabio,  wife of the Senate President.

Citing Senate Rules, Senator Imasuen noted that the practice of the Senate was to desist from entertaining petitions on any matters pending before the court.

During the proceedings, tension rose as Nwebonyi described Dr Ezekwesili an ‘insult to womanhood’ and a ‘hooligan.’

The senator’s remarks followed the refusal of Dr Ezekwesili and other attendees to take an oath during the hearing.

While one of the senators insisted that either they take the oath or the committee would end the meeting, Dr Ezekwesili and her colleagues insisted on not taking the oath, during which Nwebonyi became apparently angry.

He said: “You are an insult to womanhood, hooligan. People like you are not supposed to be here, hooligan. You are an insult to womanhood.” Ezekwesili, who later spoke with reporters,  accused the Senate of violating the Constitution, adding that the Senate Rule cited by the committee was not superior to the Constitution.

She said: “The Nigerian Senate keeps telling citizens they are subject to Senate rules, even when those rules violate the Constitution. This is unacceptable in a democracy.”

She   argued that the embattled Kogi Central lawmaker was denied fair hearing, insisting that it is in clear breach of provisions of the Constitution.

Dr Ezekwesili added: “The Senate placed its own rules above the laws of the land. Now, with this petitioner, they have done the same thing—using procedural loopholes to avoid addressing critical issues

“If a petitioner says they do not believe the Senate committee will give them a fair hearing due to clear bias, it is only just that an independent body reviews the matter.

“The Senate must respect the Constitution. Otherwise, we risk turning our democracy into a system where powerful individuals manipulate processes to silence opposition and suppress justice,” she said.

On the alleged bias by the Senate, the petitioner cited previous remarks attributed to the Chairman of the Committee, Senator Imasuen, where he described Senator Akpoti-Uduaghan’s petition as dead on arrival during a previous Committee sitting.

“How can the chairman serve as a judge in a case where he has already publicly taken a position? What is the need for us to present our case when a verdict has already been given before hearing us?,” he queried.

Yakubu expressed disappointment over the objection by the Committee to his request that  Senator Akpoti-Uduaghan, who has been suspended for six months by the Senate be allowed to testify before the panel as principal witness.

He said the suspended senator was in custody of  a crucial documentary evidence to support her  claims, lamenting that she had been barred from entering the National Assembly as part of her suspension.

Yakubu added: “In my petition, I clearly stated that my witness would present her evidence personally. But she was not allowed into the premises. If my key witness is denied access, how can I proceed with my case?”

Counsel to the petitioner,  Dr. Abiola Akinyode also faulted the alleged  inconsistencies in the Senate’s handling of the petitions.

She said: “There is nothing in Yakubu’s petition that was not in Senator Akpoti-Uduaghan’s original petition. If the Senate dismissed her petition as ‘dead on arrival,’ then logically, Yakubu’s should also be dismissed.”

“The Senate seems to be operating under its own rules, separate from the Constitution. That is why they can suspend a senator for six months without following due process,” Akinyode said.

She also faulted the defence by the Committee that it could not hear a petition on a subsisting case before a court of competent jurisdiction.

Akinyode said: “If they knew the case was in court, they should have simply written to the petitioner stating they could not entertain it. Instead, they invited him, only to dismiss the petition on the basis that it was already in court.”