NASS plans to rush new electoral body to conduct LGA elections

By Folorunso Alagbede, Abuja

Strong indications have emerged that members of the National Assembly will commence debate on a bill to establish a new body to take over the conduct of local government elections from the State Independent Electoral Commission, SIEC, when the Assembly resumes later this month.

From all indications, the Bill, sponsored by Senator Mohammed Sani Musa (APC, Niger State), which is seeking to establish the National Independent Local Government Electoral Commission (NILGEC), will be fast tracked by the National Assembly once it resumes later this month.

The National Independent Local Government Electoral Commission (NILGEC) will be responsible for conducting election to the office of the local government chairmen and councillors, and any other matter thereof to do with local government as a third tier of government.

The bill was introduced just after the Supreme Court abolished the joint States and Local Government accounts.

That judgment was seen as largely political and against the direct letters of the constitution and the principles of federalism which recognise the states as the federating units of the federation.

Nigeria is now in a bind on what to do with Section 162 (6-8) of the constitution which provides for the operation of a joint state/local government account.

Though the Supreme Court has outlawed the section, but it remains in the constitution with the National Assembly unable to remove it as the State Assemblies are not expected to support the move as is expected vide Section 9 of the Constitution.

Now, in a further move against the principle of federalism and direct afront to the Constitution, the National Assembly is reported to be shaping up to enact the National Independent Local Government Electoral Commission (NILGEC) which will be responsible for conducting elections to the office of the local government chairmen and councillors, and any other matter thereof to do with local government as a third tier of government.

The National Assembly, according to sources, wishes to enact this legislation without repealing section 197(1) of the constitution, which says:

“There shall be established for each State of the Federation, the State Independent Electoral Commission whose composition and power are as set out in” .

However, it was learnt that National Assembly is constrained that it cannot alter this provision of the Constitution because the State Houses of Assembly will not give heed to the proposal as it is expected for any alteration of any provision of the Constitution as stipulated by Section 9 of the Constitution.

The National Assembly, findings showed, is determined to push through the new law against the provisions of the constitution.

This development, it is feared, will lead to two frontal assaults on the Nigerian federation; first was the Joint Accounts and then the implementation of the new law.

According to a political analyst, who preferred anonymity, “This new law, if it is enacted against the provisions of the constitution, will ultimately lead to a constitutional impasse as many lawyers are bound to challenge the new ‘law’

“Given the observable lack of independence of the SIECs, some stakeholders including YAIGA Africa have called for the independence of the commissions to be further protected and not to throw the baby and the bath water away.