The talking point is the composition of the commission after the tenure of 10 National Commissioners expired and the death of another leaving behind only one National Commissioner, Amb. Lawrence Nwuruku and the acting Chairman, Amina Zakari.
Those who are kicking against the matter are of the view that there is no wide range of opinion to warrant the execution of the activities of the commission especially with special reference to conducting a gubernatorial election.
National Publicity Secretary of the Peoples Democratic Party, PDP, Chief Olisa Metuh is of the view that the Commission is not properly constituted to carry out its functions adding that conducting a governorship election is even too complex for just two persons to handle.
Restoration of credibility
He said the PDP has already made its position on the matter public adding that the onus is on the President who has the constitutional powers to constitute the electoral body to do so as to restore the credibility of the commission.
Also, Governor Ayo Fayose of Ekiti State in a statement issued by his Special Assistant on Public Communications and New Media, Lere Olayinka asked President Muhammadu Buhari to relieve Zakari of her appointment before the Kogi governorship election.
According to Fayose, the position of acting chairman of INEC was unknown to the 1999 Constitution of the Federal Republic of Nigeria (as amended) hence in his view, Hajiya Zakari cannot continue to preside over INEC affairs, except if duly appointed as substantive Chairman of the commission as provided in Section 154 (1) and (3) of the 1999 Constitution (as amended).
But the commission insists it has constitutional backing to continue to conduct its affairs including the conduct of elections where necessary irrespective of the number of National Commissioners left.
Deputy Director of Publicity of the commission, Nick Dazang told Vanguard that the depletion will not change anything because the electoral body has the constitutional powers to function effectively pending the formation of a new Commission by the President whom he noted has the powers to do so.
According to him, Section 159 (C) of the 1999 Constitution as amended states that a quorum for a meeting of INEC shall be not less than one-third of the total number of members of the body at the date of the meeting.
He also argued that this is not the first time the commission is having only two National Commissioners left.
“There shouldn’t be any cause for alarm because after the exit Prof. Iwu, two National Commissioners, Prince Adedeji Soyebi and Barr. Philip Umeadi were left before the coming of Prof. Jega and they were able to discharge the responsibilities of the commission. “Presently, there is no cause for alarm, our activities are ongoing and we are working assiduously to conduct free, fair and credible elections in Kogi and Bayelsa States in November and December respectively.
“Budgets have been approved for the two elections and departments have had their budgets harmonized and approved and they have started implementation of their tasks. Already we have started the registration of voters in Kogi so as to give opportunity to those who may have turned 18 since the last registration exercise and those who due to one reason or the other could not register earlier.”
The spokesman also stated that the body has the quorum to carry out its electoral activities.
“On the issue of quorum, when you go to Section 159 (C) of the Constitution it is clear.
Existing commissioners
Anytime the commission meets, there must be a quorum but the quorum is based on the existing commissioners at the time, for example now that we have two commissioners, so anytime they sit they have formed a quorum and any decision they take is binding on the commission”
However, the debate on whether or not INEC as presently constituted can effectively conduct the Kogi and Bayelsa governorship elections, could be put to rest if the President appoints commissioners to fill the existing vacancies.
As
the November 24 governorship election in Kogi State draws near, many
analysts have been commenting on the legality of the Independent
National Electoral Commission (INEC) as presently constituted.
The talking point is the composition of the commission after the tenure of 10 National Commissioners expired and the death of another leaving behind only one National Commissioner, Amb. Lawrence Nwuruku and the acting Chairman, Amina Zakari.
Those who are kicking against the matter are of the view that there is no wide range of opinion to warrant the execution of the activities of the commission especially with special reference to conducting a gubernatorial election.
National Publicity Secretary of the Peoples Democratic Party, PDP, Chief Olisa Metuh is of the view that the Commission is not properly constituted to carry out its functions adding that conducting a governorship election is even too complex for just two persons to handle.
Restoration of credibility
He said the PDP has already made its position on the matter public adding that the onus is on the President who has the constitutional powers to constitute the electoral body to do so as to restore the credibility of the commission.
Also, Governor Ayo Fayose of Ekiti State in a statement issued by his Special Assistant on Public Communications and New Media, Lere Olayinka asked President Muhammadu Buhari to relieve Zakari of her appointment before the Kogi governorship election.
According to Fayose, the position of acting chairman of INEC was unknown to the 1999 Constitution of the Federal Republic of Nigeria (as amended) hence in his view, Hajiya Zakari cannot continue to preside over INEC affairs, except if duly appointed as substantive Chairman of the commission as provided in Section 154 (1) and (3) of the 1999 Constitution (as amended).
But the commission insists it has constitutional backing to continue to conduct its affairs including the conduct of elections where necessary irrespective of the number of National Commissioners left.
Deputy Director of Publicity of the commission, Nick Dazang told Vanguard that the depletion will not change anything because the electoral body has the constitutional powers to function effectively pending the formation of a new Commission by the President whom he noted has the powers to do so.
According to him, Section 159 (C) of the 1999 Constitution as amended states that a quorum for a meeting of INEC shall be not less than one-third of the total number of members of the body at the date of the meeting.
He also argued that this is not the first time the commission is having only two National Commissioners left.
“There shouldn’t be any cause for alarm because after the exit Prof. Iwu, two National Commissioners, Prince Adedeji Soyebi and Barr. Philip Umeadi were left before the coming of Prof. Jega and they were able to discharge the responsibilities of the commission. “Presently, there is no cause for alarm, our activities are ongoing and we are working assiduously to conduct free, fair and credible elections in Kogi and Bayelsa States in November and December respectively.
“Budgets have been approved for the two elections and departments have had their budgets harmonized and approved and they have started implementation of their tasks. Already we have started the registration of voters in Kogi so as to give opportunity to those who may have turned 18 since the last registration exercise and those who due to one reason or the other could not register earlier.”
The spokesman also stated that the body has the quorum to carry out its electoral activities.
“On the issue of quorum, when you go to Section 159 (C) of the Constitution it is clear.
Existing commissioners
Anytime the commission meets, there must be a quorum but the quorum is based on the existing commissioners at the time, for example now that we have two commissioners, so anytime they sit they have formed a quorum and any decision they take is binding on the commission”
However, the debate on whether or not INEC as presently constituted can effectively conduct the Kogi and Bayelsa governorship elections, could be put to rest if the President appoints commissioners to fill the existing vacancies.
- See more at: http://www.vanguardngr.com/2015/09/inecs-nagging-issues/#sthash.Rfwr5XUA.dpuf
The talking point is the composition of the commission after the tenure of 10 National Commissioners expired and the death of another leaving behind only one National Commissioner, Amb. Lawrence Nwuruku and the acting Chairman, Amina Zakari.
Those who are kicking against the matter are of the view that there is no wide range of opinion to warrant the execution of the activities of the commission especially with special reference to conducting a gubernatorial election.
National Publicity Secretary of the Peoples Democratic Party, PDP, Chief Olisa Metuh is of the view that the Commission is not properly constituted to carry out its functions adding that conducting a governorship election is even too complex for just two persons to handle.
Restoration of credibility
He said the PDP has already made its position on the matter public adding that the onus is on the President who has the constitutional powers to constitute the electoral body to do so as to restore the credibility of the commission.
Also, Governor Ayo Fayose of Ekiti State in a statement issued by his Special Assistant on Public Communications and New Media, Lere Olayinka asked President Muhammadu Buhari to relieve Zakari of her appointment before the Kogi governorship election.
According to Fayose, the position of acting chairman of INEC was unknown to the 1999 Constitution of the Federal Republic of Nigeria (as amended) hence in his view, Hajiya Zakari cannot continue to preside over INEC affairs, except if duly appointed as substantive Chairman of the commission as provided in Section 154 (1) and (3) of the 1999 Constitution (as amended).
But the commission insists it has constitutional backing to continue to conduct its affairs including the conduct of elections where necessary irrespective of the number of National Commissioners left.
Deputy Director of Publicity of the commission, Nick Dazang told Vanguard that the depletion will not change anything because the electoral body has the constitutional powers to function effectively pending the formation of a new Commission by the President whom he noted has the powers to do so.
According to him, Section 159 (C) of the 1999 Constitution as amended states that a quorum for a meeting of INEC shall be not less than one-third of the total number of members of the body at the date of the meeting.
He also argued that this is not the first time the commission is having only two National Commissioners left.
“There shouldn’t be any cause for alarm because after the exit Prof. Iwu, two National Commissioners, Prince Adedeji Soyebi and Barr. Philip Umeadi were left before the coming of Prof. Jega and they were able to discharge the responsibilities of the commission. “Presently, there is no cause for alarm, our activities are ongoing and we are working assiduously to conduct free, fair and credible elections in Kogi and Bayelsa States in November and December respectively.
“Budgets have been approved for the two elections and departments have had their budgets harmonized and approved and they have started implementation of their tasks. Already we have started the registration of voters in Kogi so as to give opportunity to those who may have turned 18 since the last registration exercise and those who due to one reason or the other could not register earlier.”
The spokesman also stated that the body has the quorum to carry out its electoral activities.
“On the issue of quorum, when you go to Section 159 (C) of the Constitution it is clear.
Existing commissioners
Anytime the commission meets, there must be a quorum but the quorum is based on the existing commissioners at the time, for example now that we have two commissioners, so anytime they sit they have formed a quorum and any decision they take is binding on the commission”
However, the debate on whether or not INEC as presently constituted can effectively conduct the Kogi and Bayelsa governorship elections, could be put to rest if the President appoints commissioners to fill the existing vacancies.
- See more at: http://www.vanguardngr.com/2015/09/inecs-nagging-issues/#sthash.Rfwr5XUA.dpuf
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