October 24, 2021

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PDP governor tackles National Assembly, says subjecting INEC’s power to NCC is unconstitutional

  • Governor Tambuwal of Sokoto state has condemned the Senate’s decision to subject INEC’s power to NCC
  • Speaking about the issue of electronic transmission of results, the Sokoto state governor said INEC’s constitutional power can’t be shared with the NCC
  • Tambuwal, however, hailed the House of Reps for deciding to invite INEC to speak about its readiness to adopt electronic transmission of results

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Sokoto, Sokoto state – Aminu Tambuwal, the governor of Sokoto state, says the Senate’s decision to subject INEC’s constitutional power to conduct elections to the Nigerian Communications Commission (NCC) is unconstitutional.

Tambuwal, who is a former Speaker of the House of Representatives, said this in a statement he issued in Abuja on Thursday, July 15, Premium Times reported.

Governor Tambuwal Tackles Senate, Says Subjecting INEC's Power to NCC is Unconstitutional
Governor Tambuwal has said that the decision of the Senate to subject INECs constitutional power to conduct elections to the NCC is patently unconstitutional.
Photo credit: Aminu Waziri Tambuwal
Source: Facebook

Legit.ng gathers that Governor Tambuwal maintained that INEC’s constitutional power could not be shared with any institution.

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The statement read partly:

“For the avoidance of doubt, S.78 of the Constitution provides that ‘The Registration of voters and the conduct of elections shall be subject to the direction and supervision of Independent National Electoral Commission.”

“In the Third Schedule, Part 1,F, S.15: INEC has power to organise, undertake and supervise all elections.

“The Constitution further provides that INEC operations shall not be subject to the direction of anybody or authority.”

Transmission of results critical part of election

Governor Tambuwal also stated the mode of election and transmission of results were critical parts of the conduct, supervision, undertaking and organisation of elections in Nigeria.

He noted that though the National Assembly has the power to flesh out the legal framework, it has to be consistent with the Constitution, The Guardian reported.

He said:

“These constitutional powers have been solely and exclusively prescribed by the constitution to INEC, and cannot be shared with the NCC, or any other authority, and certainly not a body unknown to the Constitution.”

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The governor reiterated that the Senate’s decision to subject INECs constitutional power to conduct elections to NCC was consequently patently void, unconstitutional and unlawful.

He said:

“We had earlier counselled that the mode of conducting elections and in particular the transmission of votes be left with INEC who would monitor developments and determine at every election the type of technology to be deployed to ensure free, fair and credible elections.

“INEC also has constitutional power backed by the Electoral Act to make rules and guidelines to ensure that every vote is counted and that every vote counts.

“If INEC determines that in any part of the country, electronic transmission is not possible, it would by regulations determine the appropriate thing to do.”

Tambuwal commends House of Reps for Inviting INEC

Nevertheless, Governor Tambuwal commended the leadership and members of the House for the decision to invite INEC to address the House and nation on its readiness by 2023 to deploy electronic transmission technology for the country elections.

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He commended the House for the decision, saying it is the wise one.

The governor further admonished them to remain on the path of patriotism and deepening of Nigeria democracy by engendering and strengthening free and fair electoral process.

He said the best option regarding the adoption of the electronic transmission of results is to leave this matter in the hands of INEC.

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APC senators reject electronic transmission of election results

Earlier, Legit.ng reported that amid a rowdy session, members of the All Progressives Congress (APC) in the Senate on Thursday, July 15, voted against electronic transmission of results.

The committee had, in the report, recommended in section 52(3) that, INEC may transmit results of elections by electronic means where and when practicable.

Legit.ng gathered that an APC senator from Niger North, Sabi Abdullahi, amended the clause to read that INEC may consider electronic collation of results, provided the national network coverage is adjudged to be adequate and secured by the NCC and approved by the National Assembly.

Source: Legit.ng