David Mark, Senate President
Report of the panel laid on the Senate table by Deputy Senate Majority Leader Victor Ndoma-Egba (SAN) provides that the Independent National Electoral Commission (INEC) now has up to April 30, 2011 to conduct the elections.
The report has altered the provisions of Sections 76, 116, 132 and 178 to provide for INEC to conduct elections for various elective offices “Not be earlier than one hundred and fifty days and not later than thirty days” before the expiration of the current term in office.
The SCRC said it provided for a period of 120 days (four months) within which elections can be conducted “To enable INEC conduct election earlier in the future.”
The new provision now allows INEC to conduct general elections within the beginning of January and the end of April and to maintain the May 29 handover date.
SCRC has also recommended the alteration of Section 233 (2) of the Constitution “To provide for appeals to the Supreme Court from the Court of Appeal in gubernatorial election petitions and related matters.”
A new clause added to the Section provides that the “Supreme Court shall have the jurisdiction, to the exclusion of any other court of law in Nigeria to hear and determine appeals from the Court of Appeal;
“(iv) whether any person has been validly elected to the office of Governor or deputy Governor under this Constitution.”
The Supreme Court is to deliver judgment of governorship appeals within 60 days. The report provides that “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.”
This is “to enable the Supreme Court deliver judgment on Governorship election petition appeal within 60 days.”
Disputes from Governorship elections are to originate from Governorship Election Tribunal “Which shall, to the exclusion of any court or tribunal, have the original jurisdiction to hear and determine petitions as to whether any person has been validly elected to the office of Governor or deputy Governor of a state.”
The report also recommended that the “Quorum of an election tribunal established under this section shall be the chairman and one other member.”
Senate however failed to vote on the alterations to the Constitution as earlier announced by the Chairman Senate Committee on Information and Media, Senator Ayogu Eze (PDP, Enugu North).
When asked why the voting was not taken yesterday, a Senator told Daily Trust that the voting was rescheduled for Tuesday to enable senators study the report in order to take informed stands on the recommendations
Meanwhile, the Constitution amendment bill scaled second reading on the floor of the House of Representatives yesterday.
Speaking after taking second reading of the bill, Deputy Speaker Usman Bayero Nafada disclosed that the House Committee on Review of the Constitution will Monday hold public hearings to gather inputs from stakeholders.
According to him, “The report of the committee will be laid on Tuesday. Members should please come to the chamber on Wednesday to enable us have the 2/3 majority needed to effect the alteration because we have to get 240 members in attendance.”
The House also said it will not continue with consideration of the Electoral Act 2010 amendment bill that was thrown out in the Senate as it would amount to time wastage.
House Minority Leader Rep Mohammed Ali Ndume (ANPP, Borno) told Daily Trust that even though there is a clause in the Electoral Act which stipulates the time for election into elective offices, provisions of the constitution will naturally override the Act when amended.
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