Electronic Transmission of Votes: Senate Decision is Unconstitutional

The decision of the Senate to subject INECs constitutional power to conduct elections to the Nigerian Communications Commission (NCC), and National Assembly is patently unconstitutional. 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 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.



2. Unquestionably, the mode of election and transmission are critical parts of the CONDUCT, SUPERVISION, UNDERTAKING and ORGANISATION of elections in Nigeria. Of course the National Assembly has power to flesh out the legal framework but that has to be consistent with the Constitution.


3. 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. The Senate decision to subject INECs constitutional power to conduct elections to NCC is consequently patently VOID,  unconstitutional and unlawful.


4. We had earlier counselled that 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.


5. 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.


6. The decision of the House of Representatives to call on INEC to address the House and nation on its readiness by 2023 to deploy electronic transmission technology for our elections, seems to be a wise one, I therefore commend the Leadership and Hon Members of the House for this decision and further admonish them to remain on the path of patriotism and deepening of our democracy by engendering and strengthening free and fair electoral process 


7. In any case, I still believe that the best option is to leave this matter in the hands of INEC.


8. We admonish INEC to be solely guided by the National interest and the desire of all Nigerians for a credible, free and fair elections in using its constitutional powers and in the deployment of error free technology.  


Rt. Hon. Aminu Waziri Tambuwal, CFR

Former Speaker, House of Representatives

Comments

Post a Comment

Popular posts from this blog

Education Remains a Top Priority of Our Policy Thrust: Gov. Fubara

Image
The Rivers State Government says it will continue to place education as one of the top most priorities of its policy thrust. Governor Sir Siminalayi Fubara stated this during the 34th Convocation Ceremony of the University of Port Harcourt on Saturday 24th February, 2024. The Governor who spoke through his Deputy, Professor Ngozi Nma Odu, said although the University of Port Harcourt is a Federal University the State Government would continue to support and collaborate with it to place it in a path that  would be the envy of other institutions. “We shall support you because whenever we add value to this institution, you add double value to whatever we have placed before you and we shall continue to ensure that you are given a place of high distinction and excellence”, the Governor stressed. Governor Fubara disclosed that his administration was desirous to create the enabling environment to ensure Rivers State remains a preferred destination to achieve quality education in the country,
Read more

Governor Mutfwang Crowns New Ngolong Ngas, HRH Nde Jika Golit

Image
The Executive Governor of Plateau State, Barr. Caleb Manasseh Mutfwang, has performed the coronation of the New Ngolong Ngas, Nde Jika Golit. The ceremony is coming nine years after the demise of the late Ngolong Ngas, Nde Joshua Dimlong. Governor Mutfwang, who performed the presentation of staff of office and certificate to the New Ngolong Ngas at the Pankshin Township Stadium, praised the Ngas Nation for a rancor-free selection process of the new Ngolong Ngas. He warned mischief makers against needless court actions that are capable of delaying or frustrating the selection and installation of traditional rulers in the state. He also implored citizens to alway accept the will of God in all circumstances. "I congratulate the Ngolong Ngas, Nde Jika Golit, on his ascension to the throne of his ancestors. His selection by the kingmakers, through a peaceful and rancor-free atmosphere, is worthy of emulation by other ethnic groups in the state." the Governor stated. "Let me s
Read more

COMMUNIQUE ISSUED BY THE PDP GOVERNORS’ FORUM AT THE END OF AN ENLARGED MEETING ON TUESDAY, OCTOBER 22, 2024

Image
The PDP Governors’ Forum under the leadership of H.E. Governor Bala A. Mohammed, CON, held an enlarged meeting at the Bauchi State Governors’ Lodge, Tatari Ali House, Asokoro on Tuesday, October 22, 2024. Rising from the consultative meeting of the various organs of the Peoples Democratic Party, PDP, the Party resolved as follows: 1. The National Executive Committee, NEC, meeting originally slated for October 24, 2024, has been rescheduled to November 28, 2024. 2. The postponement is to ensure that the party goes into the forthcoming Ondo gubernatorial elections of November 16, 2024 with the unity and strength demanded to unseat the floundering All Progressive Congress, APC government in the state. 3. Reiterating the need for unity in the face of efforts by detractors to divide the party, the meeting called on all members to shun divisive utterances that could undermine ongoing efforts at strengthening the party to effectively play its role as the country’s main opposition, preparatory
Read more