Welcome, Guest: Register On Nairaland / LOGIN! / Trending / Recent / New
Stats: 3,163,424 members, 7,853,832 topics. Date: Saturday, 08 June 2024 at 05:42 AM

The Position Of The Law On Election Postponement - Politics - Nairaland

Nairaland Forum / Nairaland / General / Politics / The Position Of The Law On Election Postponement (1028 Views)

Buhari Violates Law On Public Procurement Like Jonathan, Yar’adua- Premium Times / Governor-Elect To Be Sworn-in By His Mother-in-Law On May 29th / Professor Jega’s Statement On Election Postponement: Full Text (2) (3) (4)

(1) (Reply) (Go Down)

The Position Of The Law On Election Postponement by CyracksMrBlogger(m): 10:08am On Feb 07, 2015
Today is the final day for INEC to decide whether to postpond the election date. As we approach the February 14 commencement of elections in the Federal Republic Of Nigeria, there has been
speculation in certain quarters that elections should be shifted to another date. But, what are the possible implications of election postponement?
This post here will highlights four among many reasons why INEC cannot postpond the election:

1. Only Jega Can Postpone The Feb 14
Election:
Section 26 (1) of the Electoral Act 2010 (amended) states that: "Where a date has been appointed for the holding of an election, and there is reason to believe that a serious breach of the peace is likely to occur if the election is proceeded with on that date or it is impossible to conduct the elections as a result of natural disasters or other emergencies, the commission may postpone the election and shall in respect of the area, or areas concerned, appoint another date for the holding of the postponed election provided that such reason for the postponement is cogent and verifiable."

This section of the Electoral Act strictly empowers only the INEC boss to determine the date of States and Federal election. INEC is the only body empowered by the law to shift, reschedule, or postpone the Feb 14 Presidential election. Neither the NSA, Council of State nor the President enjoys such power irrespective of their sentiment.

2. If INEC Decides To Postpone The Feb 14
Poll:
Postponing and rescheduling the Feb 14
election must be in accordance to Section
132 (2) of the 1999 Constitution (as amended), which posits that the Presidential election must be held not later than 30 days before the expiration of this tenure.
This tenure expires May 29, hence, the
election must be held on or before April 28.
However, with over 80% PVC collection rate (which may rise to 90% before the week runs out), I don't see any possibility of INEC postponing the poll. Even if they do, Attahiru Jega will still be in-charge. Jega tenure ends in June.

3. In Times of War:
Section 135(3) of the Constitution state and I quote: "If the Federation is at war in which the territory of Nigeria is physically
involved and the President considers that it is not practicable to hold elections, the
National Assembly may by resolution extend the period of four years mentioned in subsection (2) of this section from time to time; but no such extension shall exceed a period of six months at any one time." Now, some may want to hide under the Boko-haram insurgency to justify the call for the Feb 14 election to be postponed after the May 29 expiry date of this tenure.
For such call to be actualized, 2/3 members of the NASS must sanction it. With APC having 42 and 158 in Senate and the House of Representative respectively. There is no way officers of the ruling PDP and the President can have their way except there is a compromise from the APC camp. Hence, this option is as good as DEAD (save a compromise of APC NASS members). There is nothing NSA or National Council of State can do about this.

4. Option of Interim National Government:
The Interim National Government (ING) is alien to our constitution and the electoral act. After the election is held, whoever is declared winner other than the President becomes the President-elect. The incumbent President Jonathan will have no choice but to handover power to on May 29. If he is declared winner, he takes the oath of office.
Power can not legally be handed to any person outside this process. This is sacrosanct except if GEJ want to breach the law like he always do.
Re: The Position Of The Law On Election Postponement by Soloter(m): 10:24am On Feb 07, 2015
No wonder, GEJ and pdp are finding it very difficult to scuttle the scheduled election instead they are using some of their men that have been enjoying their illegalities in governance.
Kudos to the wise men that drafted the constitution.
Re: The Position Of The Law On Election Postponement by okpamson15(m): 10:43am On Feb 07, 2015
Op tell them the coco. Most of them dnt know what is ambede in the constitution. Election will hold
Re: The Position Of The Law On Election Postponement by Eggcelent(m): 10:45am On Feb 07, 2015
Government is yet to give us a valid reason why the election should be postponed. 33 of the 36 states are relatively safe; INEC has made PVCs of all registered voters available (it isn't INEC's fault that some have refused to collect theirs); & there is no natural disaster. The elections should be held so the rising tension can go down.

(1) (Reply)

Pst J.T Kalejaye Of RCCG Endorsed Buhari In His Sermon. / The Postponement Of Nigeria's Elections The Implications / GEJ Got It Wrong, Ekiti Rigging Tape Is Authentic – FFK

(Go Up)

Sections: politics (1) business autos (1) jobs (1) career education (1) romance computers phones travel sports fashion health
religion celebs tv-movies music-radio literature webmasters programming techmarket

Links: (1) (2) (3) (4) (5) (6) (7) (8) (9) (10)

Nairaland - Copyright © 2005 - 2024 Oluwaseun Osewa. All rights reserved. See How To Advertise. 16
Disclaimer: Every Nairaland member is solely responsible for anything that he/she posts or uploads on Nairaland.