By Folorunso you, Abuja
The Governor of Sokoto State and Chairman of Peoples Democratic Party Governors’ Forum, PDP-GF, Hon Aminu Waziri Tambuwal has declared as unconstitutional, the decision of the Nigerian Senate on electronic transmission of election results.
Tambuwal, who was also a former
Speaker of the House of Representatives, in a statement in Abuja, pointed out that the power to organise and conduct elections were constitutionally ceded to the Independent National Electoral Commission (INEC).
He maintained that such constitutional responsibilities can neither be delegated to the Nigeria Communications Commission (NCC) nor National Assembly.
According to the statement by Tambuwal, “The decision of the Senate to subject INECs constitutional power to conduct elections to the Nigerian Communications Commission (NCC), and National Assembly is patently unconstitutional.
“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”.
“In Third Schedule, Part 1,F, S.15: INEC has power to organize, undertake and supervize 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, supervise, 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 voify, unconstitutional and unlawful”, he stated.
The Sokoto State Governor thus advised that the mode of conducting elections and the transmission of votes be left with INEC, which would monitor developments and determine at every election the type of technology to be deployed to ensure free, fair and credible elections.
He said that INEC also has constitutional power backed by the Electoral Act to make rules and guidelines to ensure that every vote counts.
