Legal logjam trails voters registration extension
The Nigeria Labour Congress (NLC) has demanded that the voter
registration exercise be extended by 10 days or as allowed by the amended
Electoral Act 2010, to enable the registration of all willing and eligible
voters.
While commending Attahiru Jega, INEC’s chairman, “for being
forthright by immediately coming out to acknowledge that the electoral body is
facing serious logistic and technical challenges that have led to a very slow
pace of registration in spite of reported huge turnouts by eligible Nigerians,”
it, however, asked for the distribution of outstanding DDC machines to more
centres and the deployment of technical personnel across the country to make
the process faster.
Illegal extension
However, according to Festus Okoye, the national coordinator of
the Independent Election Monitoring Group, the extension of the time for the
voter registration would violate section 9, sub section 5 and section 20 of the
Electoral Act.
He explained that the sections provided that voter updates
should stop 60 days (previoulsy, it was 120 days) before an election, while the
voter’s register should be published 30 days before elections.
“The question is: is it possible to extend the registration date
without an amendment of the law? I will advise that INEC calls for extension of
the registration hours to enable it register all eligible voters within the
fixed date,” he said.
Mr. Okoye said the best option in the circumstance is for the
Independent National Electoral Commission to adjust the periods for the holding
of all categories of elections under the Act by 7 days. He said the one week
gap between the end of the voter’s registration and the display of the register
is essential for the tidying up of the register.
According to the group, in its analysis, the time table that was
largely drawn from the Electoral Act, 2010, the registration of voters will
commence on January 15, 2011 and end on the January 29, 2011. This is pursuant
to the provisions of section 9(5) of the Electoral Act, 2010. While it will
display the register of voters between February 3, 2011 and February 8, 2011
pursuant to section 19(1) of the Electoral Act, 2010.
The commission will, thereafter, integrate the voter’s register
with the supplementary list and publish on or before the March 2, 2011,
pursuant to section 20 of the Electoral Act, 2010.
However, the group said that “any attempt to breach the
provisions and intendment of section 9(5) of the Act may throw the entire
electoral process out of gear and create a constitutional logjam that may be
too costly for the Nigerian people to bear.”
In its advice to the commission, “rather than hold the National
Assembly elections on the 2nd day of April, 2011, it will be held on the 9th
day of April, 2011. The Presidential Election will then be held on the 16th day
of April 2011, rather than on the 9th day of April 2011; and the Governorship
and State Assembly Elections on the 23rd day of April 2011, rather than on the
16th day of April 2011.”
The spokesperson for the INEC boss, Kayode Idowu, said on Sunday
that the review was still in progress and that an outcome was expected by
Monday. According to him, an extension of the registration, likely by a week,
would force a new date for the display of the new voter’s register currently
scheduled for February 3 to February 8, 2011.
The first election date, which is that of the National Assembly,
is scheduled to hold on April 8, while a 60-day limit demanded by the Electoral
Act for the voter’s registration can still allow for its extension to go by a
week.
Almost all the political parties through their spokespersons or
special releases have also called and supported the voter registration
extension.
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