Hopes rises again for Independent Candidacy

There appears to be hope on the horizon once again for independent candidates in the political system of the country after previous hopes on the issue had been dashed.

Last year February, the National Assembly had passed the Bill approving independent candidates for subsequent elections in the country but the Bill died with the 7th Assembly as then President Goodluck Jonathan did not sign it into law before he was swept out of office few months later in last year’s general election.

Thus the Bill to provide for independent candidacy in Nigeria was on Wednesday re- introduced by the lawmaker representing Anambra North Senatorial District, Senator Stella Oduah of the opposition Peoples Democratic Party (PDP).

The Bill titled: 1999 constitution of Nigeria (Alteration) Bill 2016 (SB. 228) in the tradition of the senate was introduced and read for the first time by Senate Leader, Senator Ali Ndume and the Clerk of the Senate.

This Bill seeks to amend sections 131 (c) 177 (c) 62 (2) & 106 (d) of the 1999 Constitution as amended which stipulates that candidates for elections must be sponsored by political parties.

It would be recalled that the 7th National Assembly had debated and supported the independent candidate clause and made an alteration; by inserting a new paragraph (d), which reads, “He is a member of a political party and is sponsored by that party or he is an independent candidate” in the fourth amendment to the 1999.

Then, in what had appeared a major departure from the extant electoral law which stipulates that candidates for elections must be sponsored by political parties, the National Assembly had provided for independent candidates in future elections.

Besides, the National Assembly equally empowered the Independent National Electoral Commission (INEC) to deregister political parties that fail to win at least one election in the three tiers of government. “In an amendment of section 225, by inserting section 225A, INEC can deregister political parties if there is a breach of any of the requirements for registration and if such political parties fail to win presidential, governorship or at least one state, chairmanship of at least one local government/area council or a seat in the national or state assembly election”.

The new constitution also stipulates the timeline within which every pre-election matter shall be filed – not later than seven days from the date of the occurrence of the event, decision or action complained of in the suit. “Besides, a court in every pre-election matter shall deliver its judgment in writing within 180 days from the date of filing of the suit while an appeal from a decision in a pre-election matter shall be filed within 14 days from the date of delivery of the judgment appealed against; and an appeal from a decision of a court in a pre-election matter shall be heard and disposed of within 60 days from the date of filing of the appeal.” In Section 67, a new sub-section “67(1),” which states that a sitting President shall attend a joint meeting of the National Assembly once a year to deliver an address in respect of the state of the nation, was added.

The new constitution also stipulates that the President may attend any joint meeting of the National Assembly, either to deliver an address on national affairs, including fiscal measures, or to make such statement on the policy of government as he considers of national importance”.

In another major departure from the present, the office of the Attorney General of the Federation was separated from the Justice Minister. Similarly, the office of the Accountant General of the Federation was separated from that of the Accountant General of the Federal Government. The latter shall be appointed by the President on the recommendation of the National Economic Council, subject to confirmation by the Senate, and shall be responsible for the administration and disbursement of allocations from the Federation Account to the tiers of government. Both offices have a four-year non-renewable tenure.

However, the Office of the Accountant General of the Federation shall be funded from the Federation Account pursuant to an Act of the National Assembly. In his presentation, Senator Ike Ekweremadu, then Deputy Senate and Chairman of the Constitution Review Committee noted that this would be the last time any sitting President would have to sign the constitution, as Section 9 has been amended to ensure that after such amendments have been assented to by two thirds of the states Houses of Assembly and the two chambers of the National Assembly, such amendments become law.