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Election Dates And The Nigerian Constitution - Politics - Nairaland

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Election Dates And The Nigerian Constitution by 0monnak0da: 11:17am On Mar 18, 2018
What does our constitution say about dates for elections
http://www.nigeria-law.org/ConstitutionOfTheFederalRepublicOfNigeria.htm#House_of_Assembly_of_a_State
See for yourself


76. (1) Elections to each House of the National Assembly shall be held on a date to be appointed by the Independent National Electoral Commission.

(2) The date mentioned in subsection (1) of this section shall not be earlier than sixty days before and not later than the date on which the House stands dissolved, or where the election to fill a vacancy occurring more than three months before such date; not later than one month after the vacancy occurred.
116. (1) Elections to a House of Assembly shall be held on a date to be appointed by the Independent National Electoral Commission.

(2) The date mentioned in subsection (1) of this section shall not be earlier than sixty days before and not later than the date on which the House of Assembly stands dissolved, or where the election is to fill a vacancy occurring more than three months before such date, not later than one month after the vacancy occurred.



116. (1) Elections to a House of Assembly shall be held on a date to be appointed by the Independent National Electoral Commission.

(2) The date mentioned in subsection (1) of this section shall not be earlier than sixty days before and not later than the date on which the House of Assembly stands dissolved, or where the election is to fill a vacancy occurring more than three months before such date, not later than one month after the vacancy occurred.



132. (1) An election to the office of President shall be held on a date to be appointed by the Independent National Electoral Commission.

(2) An election to the said office shall be held on a date not earlier than sixty days and not later than thirty days before the expiration of the term of office of the last holder of that office.

(3) Where in an election to the office of President one of the two or more candidates nominated for the election is the only candidate after the close of nomination, by reason of the disqualification, withdrawal, incapacitation, disappearance or death of the other candidates, the Independent National Electoral Commission shall extend the time for nomination.

(4) For the purpose of an election to the office of President, the whole of the Federation shall be regarded as one constituency.

(5) Every person who is registered to vote at an election of a member of a legislative house shall be entitled to vote at an election to the office of President.

133. A candidate for an election to the office of President shall be deemed to have been duly elected to such office where, being the only candidate nominated for the election -


178. (1) An election to the office of Governor of a State shall be held on a date to be appointed by the Independent National Electoral Commission.

(2) An election to the office of Governor of a State shall be held on a date not earlier than sixty days and not later than thirty days before the expiration of the term of office of the last holder of that office.

(3) Where in an election to the office of Governor of a State one of the two or more candidates nominated for the election is the only candidate after the close of nomination, by reason of the disqualification, withdrawal, incapacitation, disappearance or death of the other candidates, the Independent National Electoral Commission shall extend the time for nomination.

(4) For the purpose of an election under this section a State shall be regarded as one constituency.

(5) Every person who is registered to vote at an election of a member of a legislative house shall be entitled to vote at an election to the office of Governor of a State.


My opinion is that ONLY INEC has the power to set dates and the National Assembly cannot legislate on it. They can only achieve their aim by changing the constitution
Re: Election Dates And The Nigerian Constitution by 0monnak0da: 11:26am On Mar 18, 2018
F - Independent National Electoral Commission

14. (1) The Independent National Electoral Commission shall comprise the following members -

(a) a Chairman, who shall be the Chief Electoral Commissioner; and

(b) twelve other members to be known as National Electoral Commissioners, who shall be persons of unquestionably integrity and not less than fifty years and forty years of age, respectively.

(2) There shall be for each State of the Federation and the Federal Capital Territory, Abuja, a Resident Electoral Commissioner who shall -

(a) be appointed by the President;

(b) be persons of unquestionable integrity;

(c) not be less than forty years of age.

15. The Commission shall have power to -

(a) organise, undertake and supervise all elections to the offices of the President and Vice-President, the Governor and Deputy Governor of a State, and to the membership of the Senate, the House of Representatives and the House of Assembly of each State of the Federation;

(b) register political parties in accordance with the provisions of this Constitution and an Act of the National Assembly;

(c) monitor the organisation and operation of the political parties, including their finances;

(d) arrange for the annual examination and auditing of the funds and accounts of political parties, and publish a report on such examination and audit for public information;

(e) arrange and conduct the registration of persons qualified to vote and prepare, maintain and revise the register of voters for the purpose of any election under this Constitution;

(f) monitor political campaigns and provide rules and regulations which shall govern the political parties;

(g) ensure that all Electoral Commissioners, Electoral and Returning Officers take and subscribe the Oath of Office prescribed by law;

(h) delegate any of its powers to any Resident Electoral Commissioner; and

(i) carry out such other functions as may be conferred upon it by an Act of the National Assembly.
Re: Election Dates And The Nigerian Constitution by Omeokachie: 11:29am On Mar 18, 2018
National Assembly never legislated on the dates for election.


What they legislated on is the SEQUENCE of the election, which you will not find in the rules guiding the conduct of elections by INEC that you have copied.
Re: Election Dates And The Nigerian Constitution by 0monnak0da: 11:35am On Mar 18, 2018
Omeokachie:
National Assembly never legislated on the dates for election.


What they legislated on is the SEQUENCE of the election, which you will not find in the rules guiding the conduct of elections by INEC that you have copied.
Fair enough but the INEC has the power to set dates therefore they have the power to set sequence that is basic logic.

It is not at all complex

The power to set dates for 4 events implies the power to set the sequence

Anything else DILUTES the power to set dates

INEC is set up by constitution so the power to legislate at all on anything it does is VERY LIMITED
Re: Election Dates And The Nigerian Constitution by 0monnak0da: 11:39am On Mar 18, 2018
I have the power to eat my eba soup fish and meat but do not have the power to determine the sequence in which I eat them?
Re: Election Dates And The Nigerian Constitution by Omeokachie: 11:51am On Mar 18, 2018
0monnak0da:

Fair enough but the INEC has the power to set dates therefore they have the power to set sequence that is basic logic.

It is not at all complex

The power to set dates for 4 events implies the power to set the sequence

Anything else DILUTES the power to set dates


You don't infer powers that are not expressly given, through LOGIC.

The duty of INEC is to conduct an election, set the dates, vet candidates and activities of political parties and generally ensure that everyone is playing according to the rules.

Now, who enacted the electoral act? It is not INEC. That falls within the purview of the national assembly who are constitutionally backed to make and amend laws.

The electoral act (part of which you have copied) expressly states what INEC can do and the limits of their power. Like I did say, you will never find anywhere it says that INEC can decide on SEQUENCE of an election.

Therefore, if the arm of government that is constitutionally empowered to make and amend laws (including the electoral act) deems it necessary to amend the laws to include sequence for future elections, without tampering with existing powers of INEC as is currently contained in the electoral act, I wonder what the hullabaloo is other than desperate attempt by some jittery politicians to muddle the water to gain personal advantage.
Re: Election Dates And The Nigerian Constitution by 0monnak0da: 11:56am On Mar 18, 2018
Omeokachie:



You don't infer powers that are not expressly given, through logic.

The duty of INDEX is to conduct an election, set the dates, vet candidates and activities of political parties and generally ensure that everyone is playing according to the rules.

Now, who enacted the electoral act? It is not INEC. That falls within the purview of the national assembly who are constitutionally backed to make and amend laws.

The electoral act (part of which you have copied) expressly states what INEC can do and the limits of their power. Like I did say, you will never find anywhere it says that INEC can decide on SEQUENCE of an election.

Therefore, if the arm of government that is constitutionally empowered to make and amend laws (including the electoral act) deems it necessary to amend the laws to include sequence for future elections, without tampering with existing powers of INEC as is currently contained in the electoral act, I wonder what the hullabaloo is other than desperate attempt by some jittery politicians to muddle the water to gain personal advantage.


Actually what I have posted is the constitution. Not the electoral act. Inform yourself better The electoral act must comply with the constitution.

The INEC has exercised its powers as stated in the constitution by setting dates so the National Asseblyy has no power to make any legislation about that.
This is nothing to do with inferring powers not expressly given
National Assembly cannot wake up one day and legislate that there should be 38 states

Rather it is exercising extant CONSTITUTIONAL powers to SET DATES . Any interference with that by legislation is contra constitutional and can only be achieved FIRST by removing the power to SET DATES.
Re: Election Dates And The Nigerian Constitution by Omeokachie: 12:06pm On Mar 18, 2018
0monnak0da:


Actually what I have posted is the constitution. Not the electoral act. Inform yourself better The electoral act must comply with the constitution.

The INEC has exercised its powers as stated in the constitution by setting dates so the National Asseblyy has no power to make any legislation about that.
This is nothing to do with inferring powers not expressly given
National Assembly cannot wake up one day and legislate that there should be 38 states

Rather it is exercising extant CONSTITUTIONAL powers to SET DATES . Any interference with that by legislation is contra constitutional and can only be achieved FIRST by removing the power to SET DATES.


Who can "wake up and legislate how many states we can have"?
You clearly do not understand the powers of the 'Legislature'.

Until you can provide a part of our laws that says the national assembly cannot determine the SEQUENCE of an election, then we can debate further.
Re: Election Dates And The Nigerian Constitution by 0monnak0da: 12:13pm On Mar 18, 2018
Omeokachie:



You clearly do not understand the powers of the 'Legislature'.





Is not an argument it is empty

We can do

You clearly do not understand the powers of the 'Legislature'. No it is you that clearly does not understand the powers of the 'Legislature'
You clearly do not understand the powers of the 'Legislature'. No it is you that clearly does not understand the powers of the 'Legislature'
You clearly do not understand the powers of the 'Legislature'. No it is you that clearly does not understand the powers of the 'Legislature'
You clearly do not understand the powers of the 'Legislature'. No it is you that clearly does not understand the powers of the 'Legislature'
You clearly do not understand the powers of the 'Legislature'. No it is you that clearly does not understand the powers of the 'Legislature'
You clearly do not understand the powers of the 'Legislature'. No it is you that clearly does not understand the powers of the 'Legislature'
You clearly do not understand the powers of the 'Legislature'. No it is you that clearly does not understand the powers of the 'Legislature'
You clearly do not understand the powers of the 'Legislature'. No it is you that clearly does not understand the powers of the 'Legislature'
You clearly do not understand the powers of the 'Legislature'. No it is you that clearly does not understand the powers of the 'Legislature'

Till the elections are done and forgotten. No one will win that

The point is simple
once a matter is pronounced on in the constitution it cannot be overturned by legislation.There must be a constitutional change.


INEC was not created by an ACT

It is a constitutional creation

Clearly you are oblivious of this and that is why you ignorantly claimed I pasted the Electoral Act.

DO YOU ACCEPT YOU WERE WRONG ON THAT
Re: Election Dates And The Nigerian Constitution by Hofbrauhaus(m): 12:17pm On Mar 18, 2018
Anything that unsettles Buhari is welcome by me....
Re: Election Dates And The Nigerian Constitution by 0monnak0da: 12:20pm On Mar 18, 2018
Hofbrauhaus:
Anything that unsettles Buhari is welcome by me....

Actually I would like him to be replaed but battles must be chosen wisely .If he wins this battle which he likely will it will only strengthen him.

This is a constitutional matter and it exposes just how overbearingly powerful the executive is in our system
Re: Election Dates And The Nigerian Constitution by henchamb(m): 1:08pm On Mar 18, 2018
Date vs sequence. This is an independent body and should be allowed to set the date and sequence

F-- 15 The Commission shall have power to -

(a) organise, undertake and supervise all elections to the offices of the President and Vice-President, the Governor and Deputy Governor of a State, and to the membership of the Senate, the House of Representatives and the House of Assembly of each State of the Federation;

Inec is empowered to organize , undertake and supervise. Amendments are for obnoxious outdated laws. Still wondering what's harmful with the old system. Infact the new system by the Senate is more expensive and would cost more human lives.
Re: Election Dates And The Nigerian Constitution by 0monnak0da: 1:15pm On Mar 18, 2018
henchamb:
Date vs sequence. This is an independent body and should be allowed to set the date and sequence
There is no difference. as long as the same entity iis setting the date(s)

Setting date is same as setting sequence.
Re: Election Dates And The Nigerian Constitution by henchamb(m): 1:21pm On Mar 18, 2018
0monnak0da:

There is no difference. as long as the same entity iis setting the date(s)

Setting date is same as setting sequence.
There's no difference between setting sequence and organizing of elections. The Senate should recognize that this is an independent body and be free from undue interference
Re: Election Dates And The Nigerian Constitution by 0monnak0da: 1:32pm On Mar 18, 2018
henchamb:

There's no difference between setting sequence and organizing of elections. The Senate should recognize that this is an independent body and be free from undue interference
Next thing we will hear legislation about the sequence of examinations in uuniversities
Re: Election Dates And The Nigerian Constitution by LibertyRep: 1:35pm On Mar 18, 2018
I'd love that this is contested in the court of law instead of the public court of opinion.

It will further strengthen our democracy So I hope.
Re: Election Dates And The Nigerian Constitution by 0monnak0da: 1:35pm On Mar 18, 2018
henchamb:
Date vs sequence. This is an independent body and should be allowed to set the date and sequence

F-- 15 The Commission shall have power to -

(a) organise, undertake and supervise all elections to the offices of the President and Vice-President, the Governor and Deputy Governor of a State, and to the membership of the Senate, the House of Representatives and the House of Assembly of each State of the Federation;

Inec is empowered to organize , undertake and supervise. Amendments are for obnoxious outdated laws. Still wondering what's harmful with the old system. Infact the new system by the Senate is more expensive and would cost more human lives.

It is not just a "LAW" it is the constitution..

It cannot be amended by the National Assembly alone but also 24 State Houses of Asseblyy must agree

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