Olu Falae: Suspects hidden agenda; Senator Ayo Arise says: It as expensive and disorganising and Ciroma:Environment must be right

By Chioma Gabriel, Deputy  Editor
It could create problems– Ciroma
Elder statesman and two-time Minister of Finance, Mallam Adamu Ciroma understands it would be charitable to give INEC the time it demanded to conduct  credible elections but pointed out that it could create problems especially if  it would require constitutional amendments.

“One has to be charitable if INEC realises the time available to conduct  free and fair elections  is short and requires more time. The political parties themselves who are going to be involved say the time is too short and every reasonable person would have to consider that.

But there will be problem if INEC and the parties would agree and then it would take a lot more time for the national assembly to legislative on the electoral law and amend the constitution. And one must remember that constitutional amendment goes beyond the National Assembly because the states also would be involved.

And if the National Assembly finds INEC proposals cumbersome, it may reject it and it could create problems. And of course, one should know that INEC and the parties cannot implement postponement of the elections without the amendment of the electoral act or the constitution to that effect. And we must also know that amending the constitution is not an on-the-spot affair. So, that is the issue especially if it will affect the May 29 handover date.

And talking about time, we are in a period of political activities and it will take the national assembly more time as some of the national assembly members are in their constituencies campaigning and preparing for the primaries.

And there must be the right legal environment for any postponement to be made because we cannot act outside the constitution. It is not possible to postpone handover date.

We must meet that target or we would be in a deep mess. So, it would require the national assembly members who are in their different constituencies mobilising for the primaries to halt their constituency activities and return to base to commence the necessary amendments because unless that is done, INEC and the parties cannot act outside the constitution.

It’s plot by PDP to stay beyond May 29 — Falae
Chief Olu Falae, National Chairman of Democratic Peoples Alliance, DPA and the leader of the proposed Mega Party says the postponement has been long foreseen and dismisses it as a plot by the ruling Peoples Democratic Party, PDP, to stay beyond May 29.

“But there must be no elongation of the tenure of this present government by one day. I have spoken about this several times in the past. We must stop this evil plot of PDP.

The National Assembly should immediately amend the constitution to appoint an interim government of national unity to be inaugurated on May 29 which would conduct a fresh election that would usher in a new democracy. The government of national unity should be along individual basis or along political party line. But we must stop PDP from this deliberate delay so it does not stay beyond May 29.

It’s an expensive and dis-organising exercise — Ayo Arise

Senator Ayo Arise is a serving Senator from Ekiti State on the platform of the ruling PDP, Ekiti North Senatorial district.

Arise posits that  the wish of the people is supreme as the act would require amendment of  the electoral act or even the constitution and sees it as expensive and disorganising and could put Nigeria in a bad light.

He however, opines the national assembly will handle it and warns against contravening the electoral act or the constitution.

What’s your take on the proposal to postpone the January date of the election to April?

We should have no fears that the postponement of election could lead to the postponement of handover date. My hope is that we don’t do anything that is contrary to the constitution. That would be dangerous.

Postponement of election : It is necessary say Tofa, Nnaji, Chekwas

The parties said that they don’t have enough time. The parties cannot change the provisions of the constitution or the electoral act. The national assembly can accommodate the wishes of the majority of the people. If anything happens, it should be referred to the National Assembly .

If  we discover that if we shift the date of the election that we can still shift the date of swearing-in, if that is the wish of the people, the National Assembly can accommodate that. As long as the provision of the constitution is subscribed to, I foresee no problems. If it requires amending the handover date, we will do it but the National Assembly and the President must ascent to that. What we will not do is something that will run contrary to the letters of the constitution and the electoral act.

The major issue is that even if we change dates for some landmarks to take place, what happens after the elections? You see, the number of days for people to go to court and the various tribunals before swearing-in can take place could be affected.

We will also try to correct that. Any problem we will foresee will be sorted out in our amendments. And all these must happen before the elections. The amendments must be complete before the elctions.

That is the problem. The litigations are mean to end before the swearing in and that time is not there.

That was what I told you. All these things would be tackled. We will need to give some rooms of about four months or thereabout before swearing-in. And that also will depend on how fast the judiciary acts. I don’t think we should allow the litigations to drag for more than two months after the swearing-in. We should put a cap on that.

Some of your colleagues are home in their constituencies mobilising for the primaries…

We will reconvene on the 28th of September. So, we still have time to do what has to be done.

Do you foresee a situation where the handover date could change from May 29 to October 1, 2011?

It is for us in the National Assembly to understudy and  the wish of the majority would be granted. If majority of  Nigerians want October 1, we will change it in the constitution. It is for us to do the bidding of the people. But the only thing I know is that unless these changes are made, nobody can do anything contrary to the letters of the constitution or the electoral act.

All these are distractions.

Well, for me, if it is necessary, it is okay. This is the first time we will have elections in January going by the current time-table. And now, all of a sudden, we have to make changes again. That could be expensive as these changes cost more all the time.

Besides, for us as a nation, it is not good to be making such changes all the time. I don’t think it is in our interest as a nation to be going back and forth. We should try as much as possible to act within the limits of the provisions of  the constitution rather than going back and forth, changing this, changing that. It makes it more disorganised. It makes it more expensive and it is not good for us.

This change now bothers on another doctrine of necessity.

When there is a constitutional logjam, the doctrine of necessity can come in but now, there is no need for that or to act outside the letters of the constitution. As a matter of fact, there can be no constitutional logjam under this earth. What we need  is there  in the constitution.

You must have so-so number of days after the election before swearing -in and I believe the act is stretchable. But if we now think that we want to move the swearing-in date to October 1, that justification has to do with constitutional amendment which will also be reverted to the states. If  it is just changing dates in the electoral act, the National Assembly  and the President can handle that.

So, there is no cause for alarm?

No. As long as we are not contravening the constitution, it can be done. But if it will affect the provisions of the constitution, then, we will have to go back first and amend the constitution.

Do you think this delay is deliberate, that there is a hidden agenda on this postponement?

All politicians are stakeholders. I don’t know if there is a hidden agenda. If there is a hidden agenda, it won’t affect PDP negatively because if the opposition wants to catch up, they will not do so within the three or four months difference. I don’t see this extension affecting any party negatively. It’s an across board thing and so, I don’t see a hidden agenda.

If it will affect handover date, I don’t support it – Kaita

Alhaji Lawal Kaita was elected Governor of  Kaduna State on the platform of National Party  in the second republic. He is a chieftain of  the ruling PDP and one of the closest people to its presidential hopeful, Atiku Abubakar.

Lawal Kaita in his reaction to the proposed shift of date of the elections says that shift by a week or two is okay but anything that will drag the date beyond May 29 handover date is not acceptable.

What’s your position on postponing the date of election?

We have seen the time-table for the election and it is very tight. It’s too tight and as long as amendment will not tamper with the may 29 date of swearing- in of  the new President, it is okay.

But one postponement could lead to another postponement.

INEC has given us a guarantee that it will not affect the handover date because from the time-table we have, things are so tight for the parties and there is no way there will be credible elections. But our position which we insist on is that the May 29 handover date remains sacrosanct. And  the shift in date  that we proposed is shifting by a week or two.

If you shift the date from January to April, it won’t be possible to swear in the President in May,. I don’t agree with that or whatever will affect  the May 29 swearing-in date. I don’t agree with that. A week or two, yes.

But not till April. The May 29 date must not be touched and anything that will affect that is not acceptable.
You did not talk about the period required for litigation in courts and tribunals.
I cannot support a shift that will take things beyond May 29.

We cannot afford to shift the handover date. It is not acceptable. Everything must be over on May 29 when the new government would have taken over. We should not let whatever shift affect the handover. If it will, then, I don’t support it.