INEC : Arrogating too much to Itself
Mobolaji E. Aluko,PhD alukome@gmail.com
Burtonsville, MD, USA
Does INEC have the powers that it is currently arrogating to itself, whether screening or verification - or physical examination (of height? weight? teeth? hearing? eye-sight? What?)
The absolute answer is "NO!"
And the issue is rather simple: A clear, un-jaundiced investigation of our 1999 Constitution and the 2006 Electoral Law will reveal the four simple conclusions:
( a ) INEC as an institution has NO POWERS whatsoever to bring a dispute concerning a candidate's credentials to court, or to unilaterally disqualify ANY CANDIDATE without a court order successfully brought by a person.
( b ) However, any PERSON presumably including one who is employed by INEC, if so moved - can file before a court disputing a candidate's credentials, and if successful get a court order.
( c ) INEC has the limited power to VERIFY, but ONLY with respect to forged certificates, since that is implied in the Constitution in various subsections [66(1)(i), 107(1)(i) ,137(1)(j) and 182(1)(j)] and in terms of number and registration status of nominees of candidates. [Section 33(1)]. After suspicion of presentation of forged certificate, a person within INEC can then file in court, not INEC as an institution. Violating Section 33(1) does not even invalidate the nomination, which is fortunate, bearing in mind the problems that we have had with respect to Direct Data Capture registration so far!
( d) INEC as an institution can then act accordingly with respect to the court order. That is all.
Read for yourself below, and cut through all the legal abracadabra! After all, why are we educated that some of these simple matters cannot be appreciated? In many of these issues, you don't need a law degree to fathom them out, just objective eyes.
So we should all agree with the "dissident" political parties: no verification by INEC, physical or otherwise, is necessary.
The Time Impracticality of Screening
the timetable recently announced by INEC, a total maximum of about 75,000 candidates are required to show themselves around INEC state and national offices between January 10 and 23 , 2007(see Table 1 below), answering the following ten questions:
1• Have you declared allegiance to another country?
2• Have you been elected to office of President/Governor at any two previous elections ?
3• Ehen, just tell us quietly (whispering now): Are you a Lunatic?
4• Have you been put under sentence of death or imprisonment/fines for an offence involving dishonesty?
5• Are you guilty of contravention of code of conduct
6• Are you an undischarged bankrupt?
7• Are you an Employee of public service who did not resign at least 30 days to the election? Or better yet: do you promise to resign by March 14 or March 21, 2007?
8• Ehen, just tell us quietly (whispering now) :Are you a member of secret society ?
9• Have you been indicted for embezzlement or fraud by a judicial or administrative panel and acceptance of this by the federal or state government ? and finally
10• Ehen, just tell us quietly (whispering now): have you just presented to us a forged (primary school, secondary school, university or other educational) certificate?
A "YES" answer to any of these questions might lead to disqualification.
Now just asking these ten questions without expecting a response takes about one minute. Getting a Yes or No will take another minute. Now INEC will have to provide counter-documentary evidence if a No (as expected) is considered a false response. Now that exercise might take one to two hours! With each INEC office handling anywhere from 1,000 - 2,000 candidates, even with five officers simultaneously working, time is not on INEC's side at all!
And were these questions not supposed to have been responded to in an affidavit sworn by the candidate for party nomination? So why does INEC not rely on that, and then – as required by the Electoral Law – publish the names of the candidates within seven days and allow citizens to query the records of candidates?
Quite frankly, INEC should face the more important issues of registration and conducting the polls proper as required under law, rather than going on a fishing expedition that the law does not require.
APPENDIX I: quick refrences of germane sactions
Qualifications/Un-qualifications for Election in Nigeria
Sections 65/66 (National Assembly), 106/107(State Assembly); 131, 137 (President); 177,182
No person shall be qualified for election to XXXX (office) if…..
66(1)(i) he has presented a forged certificate to the Independence National Electoral Commission.
107(1)(i) he has presented a forged certificate to the Independent National Electoral Commission.
137(1)(j) he has presented a forged certificate to the Independent National Electoral Commission.
182(1)(j) he has presented a forged certificate to the independent National Electoral Commission.
Sections 32-36 of electoral act 2006
Section 32 (Submission of list); 33 (prohibition of double nomination); 34 (changing of candidates); 35 (publication of nominations); 36 (Withdrawal of candidates)
APPENDIX II: Examples of sactions in the 1999 constitution
131. A person shall be qualified for election to the office of the President if -
(a) he is a citizen of Nigeria by birth;
(b) he has attained the age of forty years;
(c) he is a member of a political party and is sponsored by that political party; and
(d) he has been educated up to at least School Certificate level or its equivalent.
137. (1) A person shall not be qualified for election to the office of President if -
(a) subject to the provisions of section 28 of this Constitution, he has voluntarily acquired the citizenship of a country other than Nigeria or, except in such cases as may be prescribed by the National Assembly, he has made a declaration of allegiance to such other country; or
(b) he has been elected to such office at any two previous elections; or
(c) under the law in any part of Nigeria, he is adjudged to be a lunatic or otherwise declared to be of unsound mind;
(d) he is under a sentence of death imposed by any competent court of law or tribunal in Nigeria or a sentence of imprisonment or fine for any offence involving dishonesty or fraud (by whatever name called) or for any other offence, imposed on him by any court or tribunal or substituted by a competent authority for any other sentence imposed on him by such a court or tribunal; or
(e) within a period of less than ten years before the date of the election to the office of President he has been convicted and sentenced for an offence involving dishonesty or he has been found guilty of the contravention of the Code of Conduct; or
(f) he is an undischarged bankrupt, having been adjudged or otherwise declared bankrupt under any law in force in Nigeria or any other country; or
g) being a person employed in the civil or public service of the Federation or of any State, he has not resigned, withdrawn or retired from the employment at least thirty days before the date of the election; or
(h) he is a member of any secret society; or
(i) he has been indicted for embezzlement or fraud by a Judicial Commission of Inquiry or an Administrative Panel of Inquiry or a Tribunal set up under the Tribunals of Inquiry Act, a Tribunals of Inquiry Law or any other law by the Federal or State Government which indictment has been accepted by the Federal or State Government, respectively; or
(j) he has presented a forged certificate to the Independent National Electoral Commission.
(2) Where in respect of any person who has been -
(a) adjudged to be a lunatic;
(b) declared to be of unsound mind;
(c) sentenced to death or imprisonment; or
(d) adjudged or declared bankrupt
(e) any appeal against the decision is pending in any court of law in accordance with any law in force in Nigeria, subsection (1) of this section shall not apply during a period beginning from the date when such appeal is lodged and ending on the date when the appeal is finally determined or, as the case may be, the appeal lapses or is abandoned, whichever is