Reps sets up ad hoc c’ttee on Electoral Act

Henry Omunu, Abuja

The House of Representatives on Wednesday expressed concern over the inconclusive status of governorship elections and has resolved to take another look at the Electoral Act by setting up an ad hoc committee to review the extant Act.

This resolution is consequent upon the adoption of a motion sponsored by Rep. Sunday Karimi, who argued that the Independent National Electoral Commission (NEC) lacks the powers to declare any election inconclusive.

Rep. Sunday posited that the electoral guidelines doesn’t empower the electoral umpire to cancel votes at collation centres and that the commission should desist from placing election guidelines above the constitution, and the Electoral Act.

“Since the November 2015 gubernatorial election in Kogi State, inconclusive elections have become a demon hunting the Nigerian electoral system, eroding the confidence of the electorate in the electoral system and has become a tool for subverting the will of the people during elections in Nigeria.

“Prior to the 2015 gubernatorial election in Kogi State, there were very few isolated cases of inconclusive elections and re-run in Nigeria, due to over-voting in some polling units and wards, and also due to non-voting in some words. This was the case in Ekiti State in 2009, Anambra in 2010 and Imo in 2011.

“The escalating trend of inconclusive elections has cast a shadow on the neutrality of INEC as an umpire in the election process. The frequency of cases of inconclusive elections in Nigeria has created in the electorate a lack of confidence in the election process.

“The apprehension and deprivation caused by the rising cases of inconclusive elections in Nigeria is a potential security risk in the country,” he said.

The lawmaker noted that Section 153 of the Electoral Act gives the INEC powers to make regulations, guidelines and manuals for the conduct of elections and as a result, the commission issued the 2015 general election guidelines and the 2019 general election guidelines, as subsidiary legislation to the Electoral Act.

“The March 9 general elections out of the 29 gubernatorial elections conducted, five gubernatorial elections in Sokoto, Benue, Bauchi, Kano, Plateau and Adamawa states were declared inconclusive, despite leading candidates having met the provisions of Section 179(2) of the Constitution, thereby causing apprehension, insecurity and eroding the confidence of the electorate in the commission.

“We are aware that as a result of the power of the commission to issue guidelines, the INEC 2015 guidelines in pages 22-23 paragraph 4, Section N, directs the returning officer to where the margin of win between the two leading candidates is not in excess of the total number of registered voters of the polling units where elections were cancelled or not held, decline to make a return until another poll has taken place in the affected polling units and results incorporated into a new form EC 8d and subsequently record in EC 8e for declaration”.

According to him, this provision of the election guideline which was reproduced in the 2019 guidelines is the basis for which the commission whimsically declares election inconclusive.

“It a source of concern that paragraph 4 of Section N of the 2015 General Election Guidelines is causing apprehension and lack of confidence in the nations electoral system, since Sections 134,179 and 111 of the Constitution provides for the emergence of the winner of Presidential, gubernatorial and area council elections in Nigeria.

“The constitution provides that the winner of the election into chief executive offices in Nigeria shall emerge where the winner has majority votes of the total votes cast, scores one quarter of votes cast in each of at least two-third of the votes in all states, local government and wards respectfully.

“Also, section 26(1) of the Electoral Act 2010 provides that where a date has been approved for the holding of an election and there is reason to believe that there will be serious breach of peace if the election is proceeded with that day, or that it is impossible to conduct the elections due to natural disaster or other emergencies, the commission may postpone the election and fix a new date for the election.

“The combined effect of Section 134,179, 111 of the Constitution and 26(1) as well as Section 53(2) & (3) of the Electoral Act shows that inconclusive elections is not envisaged in our laws, except where there was over-voting in a polling unit, not where votes already cast were cancelled.

“The commission should not be allowed to continue to whimsically declare elections inconclusive,” he added.

But, House Leader, Rep. Femi Gbajabiamila, suggested that the House should instead look at ways to amend the Electoral Act with a view of making inconclusive elections irrelevant to the electoral process.

“The debate today centered on the interpretation of the law but unfortunately since we run a democracy, we are not empowered to interpret the law but that is what’s done here today. While inconclusive elections should be a thing a thing of the past, how do we get there, it’s to get the electoral law amended within weeks.

“The Supreme Court has already ruled on it when INEC used its guidelines to declare the 2015 Kogi gubernatorial election inconclusive by looking at all the processes. So, there’s a position already and they only solution is to amend law and have Supreme Court change its pronouncement.

“Even on cancellation of results, INEC is still empowered according to the Supreme Court and that’s how Faleke lost his case. My advice is, let us tarry for a while and allow the arm of government that has the authority and power to come complete its job. We must take a legislative approach through amendment to address all the areas of concern,” he said.