With the appropriate legislative empowerment, the Independent National Electoral Commission (INEC) can conduct local government elections if requested, assured the national chairman, Prof. Mahmood Yakubu.
Yakubu provided this assurance on Thursday, July 25, during his appearance before the joint Senate and House of Representatives Committee on Electoral Matters, where he discussed preparations for the upcoming governorship elections in Edo and Ondo States.
He stated that INEC has the capacity to manage local government elections, though he emphasized that this would only be feasible following the amendment of relevant legal provisions to allow the Commission to fulfill this role.
As evidence of INEC’s capability, Yakubu highlighted that the Commission has successfully conducted area council elections in the Federal Capital Territory (FCT), which have been free from the issues often associated with local government elections.
He enumerated several advantages of INEC conducting elections, including the regularity of elections when due, the stability of tenure, and the fact that there has never been a caretaker committee in the FCT.
He also emphasized that there has never been a case where one political party won all the seats in an election, as is often seen in various states.
He asserted that if INEC oversees the elections, it would enhance democracy, stressing that this can only occur if the constitution is amended to transfer this responsibility from state electoral commissions.
Yakubu’s assurance follows the introduction of a bill on Thursday, July 18, seeking to establish a federal agency for the conduct of local government elections, which has passed its first reading in the Senate.
The bill, titled “Local Government Independent Electoral Commission (Establishment) Bill, 2024,” was sponsored by the Chairman of the Senate Committee on Finance, Senator Sani Musa (APC – Niger East).
If enacted into law, the bill aims to remove council elections from the State Independent Electoral Commissions (SIECs), which have faced increasing criticism for their lack of transparency.
In a landmark decision on Thursday, July 11, 2024, the Supreme Court granted financial autonomy to local government areas.
The Court ruled that it is unconstitutional for state governors to withhold funds allocated for local government administrations. Furthermore, it declared that state governments do not have the authority to appoint caretaker committees, emphasizing that a local government council is only legitimate with a democratically elected government.
In the judgment delivered by Justice Emmanuel Agim, the seven-member panel asserted that the 774 local government councils in the country should manage their funds independently.
The apex court held that government power is divided among three branches: federal, state, and local. It determined that state governments perpetuate a dangerous trend by obstructing the operation of democratically elected local government councils, instead appointing loyalists who can only be removed by them.
“A democratically elected local government is sacrosanct and non-negotiable,” the court declared.
