INEC warns states on illegal election timelines

INEC warns states on illegal election timelines

Isaac Samuel

Chairman of the Independent National Electoral Commission (INEC), Prof. Mahmood Yakubu, has cautioned State Independent Electoral Commissions (SIECs) against breaching electoral laws through the issuance of short notices for local government elections.

Yakubu raised the concern when the leadership of the Forum of State Independent Electoral Commissions of Nigeria (FOSIECON) paid a courtesy visit to the headquarters of INEC in Abuja on Tuesday.

Yakubu described the recent trend of announcing elections with only 21 days’ notice as a clear violation of the Electoral Act 2022 and the subsisting judgment of the Supreme Court.

He warned that failure to issue proper statutory notices not only undermines the credibility of elections but also renders the process legally vulnerable.

Yakubu noted that while INEC is not responsible for conducting local government elections in the states, it remains obligated to provide the voters’ register, list of polling units, and registered political parties to the SIECs.

He added that these responsibilities have always been discharged promptly and transparently.

Citing the Federal Capital Territory (FCT) as a model, Yakubu said INEC releases its election timetable over a year in advance and has never relied on caretaker committees in any of the six area councils. “

ALSO READ  ADC woos Jonathan as Mark, Atiku insist on primaries Isaac Samuel The race to the 2027 presidency took a dramatic turn this week as the African Democratic Congress (ADC) intensified efforts to lure former President Goodluck Jonathan into its fold. Jonathan, it was gathered is also taking decisive moves to reset opposition strategy and mount a formidable challenge against President Bola Tinubu. The former President held a closed-door meeting held in Abuja on Thursday with ADC National Chairman, Senator David Mark. Jonathan, who publicly met with politicians and party leaders for the first time since his rumoured bid to return to power, met the ADC stakeholders at the home of Mark. Seen in a viral video as he walked into the expansive residence of the former Senate President in Abuja, others with Mark were former Minister of Sports and ADC spokesperson, Malam Bolaji Abdullahi as well as a former National Publicity Secretary of the Peoples Democratic Party (PDP), Mr. Kola Ologbondiyan, among others. Sources claimed the former president has begun consultations ahead of the 2027 polls following increasing pressure to get in the ring and ‘save’ the nation. But it was learnt that the former President's bid to return to Aso Rock on the platform of the opposition coalition may have hit an early stumbling block. At Thursday’s meeting, Mark was said to have told the former president in clear terms that the only path to the party’s presidential ticket was through the front door by formally joining the party and submitting himself to a transparent primary election. Unable to secure any guarantees, Jonathan and Mark agreed to meet again soon to review the situation. It was learnt that the ADC is moving to draft Jonathan into the race beccause he is seen as a compromise candidate, but his strong base used to be the South-East which is now the political fortress of Obi. But Jonathan is not alone in seeking assurances. Both former Vice President Atiku Abubakar and Labour Party’s 2023 presidential candidate, Peter Obi, are also pressing the ADC leadership for firm commitments before they take the plunge. The party’s new leadership, however, has refused to make such promises, a development that explains why all three leading contenders are still holding back from declaring for the party. For them, early commitment without certainty could prove politically fatal. Aligning with the ADC and then losing its ticket could leave any of the trio stranded and without a viable political vehicle ahead of 2027. Obi has consistently insisted that power must remain in the South for equity, even pledging to serve a single term if elected. But his camp remains opposed to any vice-presidential offer, warning that such a move would be politically suicidal after his strong showing in 2023. For Atiku, who resigned from the PDP in July, the plan is to complete ongoing grassroots mobilisation before formally collecting his ADC membership card in Adamawa. While Atiku insists he is ready for an open primary, his increasing influence within ADC backed by significant political investments is fuelling fears that the presidential ticket may already be tilted in his favour. That dynamic, party figures say, could force Jonathan and Obi to reconsider their strategies. Meanwhile, the ADC leadership is trying to project unity. After a caucus meeting in Abuja attended by Mark, Atiku, former governors Nasir El-Rufai, Aminu Tambuwal and Rotimi Amaechi, the party directed all undecided members to resign from their existing parties. Peter Obi, a member of the coalition party, had yet to disclaim his membership of Labour Party (LP). Atiku is also yet to get his ADC membership even though he has resigned from PDP. National Publicity Secretary of ADC, Bolaji Abdullahi, disclosed the new directive while addressing journalists in Abuja, after a caucus meeting attended by top party leaders and political figures. Abdullahi said, “Though final order has been given to all members to resign membership of other political parties, the caucus was silent on the timeline.” The caucus also announced that all issues concerning African Democratic Association (ADA) had been concluded. According to Abdullahi, “The coalition has rested everything concerning the ADA. That means they are not interested in the registration or otherwise of the association.” On the 2027 presidential race, Abdullahi said ADC’s presidential aspirants had agreed to back whoever emerged winner of the primaries. “All the presidential aspirants have agreed to support whoever wins the primaries election,” he stated. The ADC spokesman further revealed that the party’s National Working Committee (NWC) would soon announce dates for primaries in Osun and Ekiti states ahead of the off-cycle governorship elections in both states. Those present at the meeting included National Chairman, David Mark; former Vice President Atiku Abubakar; National Secretary, Ogbeni Rauf Aregbesola; former Kaduna State Governor, Mallam Nasir el-Rufai; former Sokoto State Governor, Senator Aminu Tambuwal; and former Rivers State Governor, Chibuike Amaechi.

The INEC chairman urged SIECs to align their operations with the Electoral Act which he said also applies to local government elections beyond the FCT.

He said: “While both INEC and SIEC are creations of the Constitution, some responsibilities for electoral activities are actually exclusively those of INEC

“For example, voter registration is the exclusive responsibility of INEC, but we’re under obligation to make the current register of voters available to the state electoral commissions.
Secondly, we also create and allot voters to polling units, and we make these polling units available to the state electoral commissions.

“INEC is also the sole registrar and regulator of political parties. So we make available to the state electoral commissions the list of political parties for local government elections. No State Independent Electoral Commission has ever been denied the voters register, the list of polling units, or the list of political parties for elections. We have always discharged this responsibility promptly, and will continue to do so.

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“I’m glad that the chairman of the state electoral commissions drew our attention to the provision of the law. I wish to draw your attention to the importance of adhering to the relevant provisions of the Electoral Act 2022, pertaining to local government elections, particularly the omnibus provision of Section 151, and Sections 98 to 113, dealing with the procedure for area council elections in the federal capital territory, with the law says equally applies to the conduct of local government elections around and across the country.

“For instance, the next area council election in the FCT takes place in February next year. But early this year, we released the timetable and schedule of activities for the election, over 360 days ahead of the election as provided by law. It is on this note that I would like to seize this opportunity to draw your attention to the judgment of the Supreme Court, which the chairman of FOSIECON alluded to on the conduct of local government elections.

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“Conducting local government elections without serving the mandatory statutory notice long before the election contravenes the judgment of the Supreme Court. Recent announcement by a state electoral commission, which keeps in effect on 21 days notice, is not only a violation of the law and the subsistence judgment of the Supreme Court, it is also a practical problem.

“Within 21 days, how do you expect political parties to conduct primaries, nominate candidates, organize campaign, and for the electoral commission to conduct voter education, recruit and train ad-hoc staff, manage logistics, and organize security for the election? It’s practically impossible to do that within 21 days.”

In his remarks, FOSIECON Chairman and head of the Kogi State Independent Electoral Commission, Hon. Mamman Nda Eri, raised concerns over financial constraints and called on INEC to champion the cause for financial autonomy for SIECs.

He also sought guidance on harmonising state electoral laws with federal provisions, especially following the Supreme Court’s recent position on election timelines.

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