Nigeria : Constitutional Crisis Looms as INEC Seeks Extension
on 2010/9/21 11:50:00
Nigeria

20100920
This Day

Abuja — A major constitutional crisis is in the offing as the Independent National Electoral Commission (INEC) has said it may ask for an extension of time for the registration of voters and the general election.

But such extension, according to the commission, would not affect the May 29, 2011 inauguration date, which it said remained sacrosanct.

However, amendments would have to be made to the Constitution and the Electoral Act before changes can be made to the timetable.

The National Assembly is on recess till the end of the month and any changes to the Constitution need to go through the processes of first reading, second reading, committee stage and public hearing, third reading and then a resolution of the two chambers. It will then be sent to the 36 state houses of assembly for resolution.

It is feared that before these process are completed, time would have passed and rendered INEC's request inconsequential.
In a communiqué after a retreat in Calabar, Cross River State signed by INEC Secretary, Alhaji Abduallhi Kaugama, the commission said the desire to seek extension of time in the two crucial activities was to ensure that it delivers a credible voter registration and 2011 general election.

Vanguard

Professor Attahiru Jega, chairman of the Independent National Electoral Commission(INEC).

THISDAY learnt that the commission is seeking an additional one month to be adequately ready for the polls.

"Having examined the commission's detailed Action Plan for the voters' registration and elections, the retreat noted that the time table for the implementation of this plan is very tight. Consequently, the commission shall endeavour to engage all the relevant stakeholders with a view to exploring all legal avenues for the extension of the time to enable the commission to deliver on the aspirations of Nigerians for a credible voters' register and free, fair and credible elections. Should this happen, May 29, 2011 must remain sacrosanct," the communiqué said.

The voter registration is slated for between November 1 and 14, while the 2011 elections have been fixed for between January 15 and 29.

According to the timetable released by INEC, the presidential election would be held a week after the National Assembly elections on January 15, 2011, while governorship and state assembly elections would hold on January 29, 2011.

The breakdown further revealed that campaigns by political parties in public commences on October 17, 2010 after the issuance of notice of election is expected to have been released on October 13, 2011.

Collection of forms for all elections is scheduled from October 19 to 22, 2010, while the last day for submission of the forms to the INEC national headquarters shall be on November 15, 22 and 29, 2010 for the National Assembly, presidential and governorship/state assembly elections respectively.

INEC Chairman, Prof. Attahiru Jega, had alluded to time constraints when he met with a delegation from the National Institute for Policy and Strategic Studies (NIPSS).

He said: "We have overcome some of these challenges, especially the issue of funds, we have received the funding that we requested for. However, the time constraints is still of concern to us. Time remains our greatest challenge. Although, we are going to do our best to see that we overcome it. The more time we have the better job we can do of this assignment."

INEC said in the communiqué that the task of conducting a free and credible election is a task for all Nigerians and not the commission alone, hence its call on all Nigerians to join hands with the commission for a credible election.

The communiqué spoke of the need to punish electoral offenders and as such it called on the National Assembly to pass the requisite laws especially the Electoral Offenders Bill currently before it.

INEC appealed to all political parties to adhere strictly to the provisions of the Electoral Act in the conduct of their primary elections, as the commission would stick strictly to the provisions of the act.

It also said it would ensure that all incidences of underage voters are detected during the registration of voters, while commending Nigerians for the support giving to it so far.
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Meanwhile, Jega has read a riot act to the Resident Electoral Commissioners (RECs)?on their dos and don'ts, saying, "Do not compromise your principle on the resolve of this electoral body to conduct free, fair, credible and acceptable elections for Nigerians next year, no matter the height of inducement from any quarter of desperate politicians. We all have to protect the integrity of the commission and our nation."

The INEC chairman said it had become imperative for all the RECs to know and be conscious of the fact that "this is a brand new INEC". Jega said further: "Nobody should get himself involved in anything that runs foul of the laws and ethics of the Electoral Act in the discharge of his or her duty during the conduct of the 2011 general poll."

He said INEC had almost concluded the procurement of sophisticated machines and equipment required for the registration exercise.

"We have also commenced the recruitment of over 360,000 staff that are needed for the National Voter Register and the development of new software," he added.

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