Governor of Sokoto State, Aminu Waziri Tambuwal has said that the decision of the Senate to subject Independent National Electoral Commission’s (INECs) constitutional power to conduct elections to the Nigerian Communications Commission (NCC), and National Assembly was unconstitutional.
He said section 78 of the 1999 constitution provides that ‘the registration of voters and the conduct of elections shall be subjected to the direction and supervision of Independent National Electoral Commission.
He said in third schedule, Part 1,F, S.15: INEC has power to organise, undertake and supervise all elections,adding that the constitution further provides that INEC’s operations shall be subject to the direction of authority.
He said “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 cannot be shared within 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,” he said.
Tambuwal, in a statement 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.”
The former Speaker said that 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 the elections, seems to be a wise one.
