By Ishaya Ibrahim, News Editor
Governors elected on the platform of the opposition Peoples Democratic Party (PDP) on Thursday kicked against the decision of the Senate on electronic transmission of election results.
The Senate on Thursday finally passed the long awaited Electoral Act (Amendment) Bill, 2021.
The upper chamber during a clause-by-clause consideration of the bill approved electronic transmission of results during elections, provided that such areas are adjudged by the National Communications Commission to be adequately covered under its national coverage and approved by the National Assembly.
The approval came following an amendment to Clause 52(3) by Senator Aliyu Sabi Abdullahi (APC, Niger North) during consideration of a report by the Committee on Independent National Electoral Commission (INEC).
The amendment was seconded by Senator Ali Ndume (APC, Borno South).
The Committee in its recommendation initially prescribed that, “The Commission (INEC) may transmit results of elections by electronic means where and when practicable.”
This, however, was amended by the Deputy Whip, Senator Sabi Abdullahi to read, “The Commission may consider electronic transmission of results, provided the national coverage is adjudged to be adequate and secure by the National Communications Commission (NCC) and approved by the National Assembly.”
But the PDP governors said the decision of the Senate to subject INEC’s constitutional power to conduct elections to the Nigerian Communications Commission (NCC), and National Assembly is patently unconstitutional.
A statement by Aminu Tambuwal, Sokoto State governor, who doubles as chairman of the PDP Governors Forum, which was made available to TheNiche, said such a move will be against the letter and spirit of the 1999 Constitution.
“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”, Tambuwal, who was Speaker of the House of Representatives, argued.
The statement reads in full:
“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.
“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.
“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.
“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.
“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
“In any case, I still believe that the best option is to leave this matter in the hands of INEC.
“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.”