Abdul Mahmud, a human rights lawyer has said that a section of the new electoral act amendment bill passed by the Nigerian Senate is in “conflict” with the Constitution of the country.
The bill was passed for third reading after Kabiru Gaya, chairman of the Independent National Electoral Commission (INEC), presented a report at a plenary session.
During the clause-by-clause consideration of the bill, Sabi Abdullahi, deputy senate whip, proposed that the Nigerian Communications Commission (NCC) must certify that national coverage is adequate and secure while the national assembly must approve before the Independent National Electoral Commission (INEC) can transmit election results.
But Albert Bassey, senator representing Akwa Ibom north-east, kicked against the idea and said the initial proposal made by the committee should be retained.
“The commission may transmit results of elections by electronic means where and when practicable.
“Before INEC can transmit electronically, NCC must adjudge national coverage is adequate and secure, and National Assembly must approve,” sections of the report read.
After a rowdy session and using a “division” voting method, the senate eventually retained Abdullahi’s amendment after a 52-28 vote.
However, in series of tweets in reaction to the new law, Mahmud said: “The above proviso of Section 52(3) of the Electoral Act Amendment Bill 2021 is in conflict with Section 78 of the Constitution 1999.”
Quoting the section of the Constitution “The registration of voters and conduct of elections shall be subject to the DIRECTION and SUPERVISION of INEC,” the legal practitioner explained that: “DIRECTION here simply means the act of governing; management; superintendence of elections, while SUPERVISION means the state of being in charge of elections; regulating and monitoring elections.
“The powers granted to NCC and NASS under S.52(3) of the Electoral Act are thus in conflict with S.78 of the Constitution. S.52(3) is void by virtue of S.1(3) of the Constitution 1999.”
