The battle to find a replacement for the Niger East Senatorial seat following the death of Senator Awaisu Kuta is throwing up a piercing constitutional cum political argument.

BY Wole Mosadomi
The two leading political parties in Niger state, Peoples Democratic Party, PDP and All Progressive Congress, APC are in war of words over the sudden shift in the date of the by-Election of the Niger East Senatorial seat.

The Independent Electoral Commission, INEC along with all stakeholders in the state had earlier met and agreed on August 16 only for the commission to propose August 30 as a new date for the same election which was accepted by majority of the parties after a hot argument. The APC and the Peoples Democratic Movement (PDM) were, however, firm in their rejection of the new date.

State chairman of APC, Engineer Mohammed Iman said the move was an attempt by INEC to impose the Electoral Act over and above the Constitution by shifting the date of the by-Election outside the time frame prescribed by law.

He referred to section 76 of 1999 Constitution which stated that “election is to hold not later than 30 days after a vacancy occurs,” adding that this cannot therefore be subdued by the Electoral Act and that any law that is inconsistent with the constitution must give way to the Constitution.

“We decided not to be part of the resolution at the stake holders meeting because doing that will amount to endorsing illegality. The Constitution is clear about by-election and anything outside the Constitution is illegal,” the APC Chairman declared.

Chairman of the PDM, Engineer Abubakar Abdullahi Gwada who stormed out of the meeting half way said he took the decision in order not to be part of illegality.
“Please count the PDM out of the decision because we cannot be part of illegality and anything unconstitutional because the Constitution should be above any Act,” the PDM Chairman declared.

Resident Electoral Commissioner, Dr. Emmanuel Onucheyo had defended the Commission saying the change was in accordance to the provision of section 30(3) of the Electoral Act 2010 as amended which gives not later than 14 days after the date earlier appointed for the Election.

The PDP through its state Deputy Chairman, Barrister Tanko Beji said the threat by APC to boycott the election is an attempt to cover up its diminished electoral value.

According to him, “the allegation against the Resident Commissioner has no substance. It is very clear that the opposition presently without any structure or supporters in the state are already heading for defeat and they are just looking for who to blame for their own political problems. They should leave the REC alone and brace up for the looming defeat which is quite inevitable for them.”

Barrister Beji called on APC to always base their arguments on facts and not on sentiments that could lead to a breakdown of law and order especially in a state that has been seen and respected for its peaceful co-existence in the past years.