…as mixed reactions greet amendment
By Ben Agande & Dapo Akinrefon
ABUJA—The process of consultation between Independent National Electoral Commission, INEC, and the National Assembly on how to get additional time for the conduct of a credible free and fair election concretised, yesterday, with the approval of the second alteration of the 1999 Constitution.

Also reactions have greeted the final amendment on the Constitution carried out by National Assembly, which seeks to give the Independent National Electoral Commission, INEC, more time to prepare for the 2011 general elections.

Both chambers of the National Assembly passed the amendments to make more time available for INEC to conduct elections.

By one of the new amendments which must be concurred with by the House of Represnetatives and two-thirds of the state Houses of Assembly before it comes into effect, elections into the office of the president and vice president, governors and deputy governors, the two houses of the National Assembly, as well as the state Houses of Assembly are to be conducted not earlier than 150 days and not latter than 30 days before the end of tenure of office.

Senate President , David Mark who presided over yesterday’s session, appealed to politicians to learn to accept defeats at elections, adding that the Senate is committed to ensuring  that INEC conducts free, fair and credible elections in 2011.

Affected sections, implications

The sections which were affected by yesterday’s alteration were   Sections 76, 116, 132,116, 132, 178, 133, 139, 246 and 285 of the 1999 Constitution.

However, there were only two principal alterations that were dealt with by the ad hoc committee of the Senate which had submitted its report last week.

By the new provision, cases arising from the governorship elections would commence at the election tribunal and run through the full course of the court process to the Supreme Court.

By the existing provision of the Constitution, cases emanating from governorship election tribunal terminate at the Court of Appeal.

The alteration also allows for the quorum of an election tribunal established under the constitution to comprise the chairman and one other member.

It also states that: “An election petition shall be filed within 21 days after the date of the declaration of result of the elections and an election tribunal shall deliver its judgment in writing within 180 days from the date of the filling of petition.

“An appeal from a decision of an election tribunal or Court of Appeal in an election matter shall be heard and disposed of within 60 days from the date of the delivery of judgment of the tribunal or court.”

Chairman of the Senate Ad-hoc Committee on the Alteration of the 1999 Constitution, Senator Ike Ekweremadu, while presenting the amendments reiterated that the amendment was to give INEC enough time to conduct elections without too much pressure because of time line.

He said: “The Bill also seeks to address the process of adjudication of election petitions with regards to governorship elections. With this amendment there will be a reinstatement of governorship election tribunal which the first amendment abrogated.

“Appeals will go to the Court of Appeal from tribunal. Any party not satisfied with the decision of the Court of Appeal may further Appeal to the Supreme Court. The aim here is to cure decisions on governorship election appeals.”

Speaking after the passage of the amendments, senator Mark said  the only way to reduce election tribunal cases will be for people to accept defeats so that we
will reduce the number of cases that would go to the tribunal.

Reactions greet amendment

MIXED reactions have greeted the final amendment on the Constitution carried out by National Assembly, which seeks to give the Independent National Electoral Commission, INEC, more time to prepare for the 2011 general elections.

Constitutional lawyer, Professor Itse Sagay and National Coordinator, Coalition of Democrats for Electoral Reforms, Mr. Ayo Opadokun, said the amendment was a step in the right direction.

However, Mr. Tayo Oyetibo(SAN), disagreed with the National Assembly. He argued that the amendment done by INEC was still subject to a pending suit filed by former President of the Nigeria Bar Association, NBA, Mr. Olisa Agbakoba(SAN).

Professor Sagay said: “I think what they (National Assembly) have done should give Jega more time to put together the register of voters and to re-organise the 2011 elections that gives more time for those who may have cases after the elections.

“In other words, they will stop fighting against those who are already being sworn into office.”

Former Governor of Ogun State, Chief Segun Osoba, in his reaction to the amendment, said: “I don’t think we have too much of a choice because the foundation for conducting credible elections is not there. That is the voters’ register. We need time to put it in place.

By virtue of that problem, we must understand that we need time to do things properly because Iwu’s voters’ register was a total fraud.”

Also throwing his weight behind the extension of time given to INEC, Coalition of Democrats for Electoral Reforms, CODER, coordinator, Mr. Ayo Opadokun, commended the National Assembly, adding that it was a step in the direction.

He said: “I think it is in the right direction. CODER was the first major political platform that criticised INEC when it came out with the timetable. We felt INEC over-assumed so many things they behaved as if they were in absolute and total control of the intervening forces because we knew that they had not even signed the contract for the purchase of the Direct Data Capturing machines, not to talk of the configuration and the personnel who will man the machines and the likes.”

Speaking further, he said: “So, we thought they (INEC) over assumed their position. Now that they went for a retreat in Calabar and came back that they needed more time for the elections, we believe that it is a step in the right direction. We dare say that the National Assembly has no business in dictating the sequence of elections to the electoral commission because that is what the Nigerian legislature has done for their own selfish reasons.”

Oyetibo argued that “the state of the amendment is dependent on the outcome of the case that is pending in court that required presidential assent. Everything is dependent on the outcome of the case that is pending in court.”

Also commenting on the amendment, chairman of the Conference of Nigerian Political Parties, Alhaji Balarabe Musa described the development as a good one.

He said “what the National Assembly has done is a good thing because that is what majority of the political parties have been clamouring for, we are happy about it. We hope INEC is able to make good use of the time they have been given.”