Exclusive: Election Postponement And The Position Of The Law By Peace Njoku

As we approach the February 14 commencement of elections in the Federal Republic Of Nigeria, there has been speculation in certain quarters that elections should be shifted to another date. But, what are the possible implications of election postponement?

This article highlights four among many:

1. Only Jega Can Postpone The Feb 14 Election:

Section 26 (1) of the Electoral Act 2010 (amended) states that: "Where a date has been appointed for the holding of an election, and there is reason to believe that a serious breach of the peace is likely to occur if the election is proceeded with on that date or it is impossible to conduct the elections as a result of natural disasters or other emergencies, the commission may postpone the election and shall in respect of the area, or areas concerned, appoint another date for the holding of the postponed election provided that such reason for the postponement is cogent and verifiable."

This section of the Electoral Act strictly empowers only the INEC boss to determine the date of States and Federal election. INEC is the only body empowered by the law to shift, reschedule, or postpone the Feb 14 Presidential election. Neither the NSA, Council of State nor the President enjoys such power irrespective of their sentiment.

2. If INEC Decides To Postpone The Feb 14 Poll:

Postponing and rescheduling the Feb 14 election must be in accordance to Section 132 (2) of the 1999 Constitution (as amended), which posits that the Presidential election must be held not later than 30 days before the expiration of this tenure.

This tenure expires May 29, hence, the election must be held on or before April 28. However, with over 80% PVC collection rate (which may rise to 90% before the week runs out), I don't see any possibility of INEC postponing the poll. Even if they do, Attahiru Jega will still be in-charge. Jega tenure ends in June.

3. In Times of War

Section 135(3) of the Constitution state and I quote: "If the Federation is at war in which the territory of Nigeria is physically involved and the President considers that it is not practicable to hold elections, the National Assembly may by resolution extend the period of four years mentioned in subsection (2) of this section from time to time; but no such extension shall exceed a period of six months at any one time."

Now, some may want to hide under the Boko-haram insurgency to justify their selfish call for the Feb 14 election to be postponed after the May 29 expiry date of this tenure. For such call to be actualized, 2/3 members of the NASS must sanction it. With APC having 42 and 158 in Senate and the House of Representative respectively. There is no way officers of the ruling PDP and the President can have their way except there is a compromise from the APC camp. Hence, this option is as good as DEAD(save a compromise of APC NASS members). There is nothing NSA or National Council of State can do about this.

4. Option of Interim National Government:

The Interim National Government (ING) is alien to our constitution and the electoral act. After the election is held, whoever is declared winner other than the President becomes the President-elect. The incumbent President Jonathan will have no choice but to handover power to on May 29. This is sacrosanct.

The talk of handing power to an Interim government, whether the Army or a "coalition" government is unconstitutional and will definitely lead to constitutional crises, anarchy and breakdown of law and order(similar to what happened in Cote'd voire in 2010). In such a case, the victorious candidate could form a parallel government, which will be recognized by the international community until the illegal ING is brought down.

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Peace Njoku wrote in from Imo State.
She can be contacted on facebook: Peaceblaze Njoku.

The opinions expressed in this article are solely those of the author.

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‘Democracy is All About Freedom’ - President Jonathan

President Goodluck Jonathan promised Nigerians they would continue to enjoy freedom as contained in the law of the country under his leadership, if re-elected.  President Jonathan made this pledge at the Peoples Democratic Party (PDP) campaign in Dutse, Jigawa on Wednesday.
Jonathan made it clear freedom was a good ingredient of democracy which every citizen must enjoy. "Democracy is all about freedom and any democracy without it is not democracy,'' Jonathan said.

The president further urged Nigerians not to lose hope and stay united in spite of the security challenges facing them, assuring that terrorism in Nigeria will be a thing of the past. He asked the people of the state to vote only PDP candidates in the forthcoming election, stating that the party and its members had worked together to develop the country.

The president further stated the PDP government had established federal and state universities in Jigawa, and within four years 80 per cent of the state universities in the country were built by PDP-controlled states.

President Jonathan concluded by pledging to support farmers in the state with constant supply of fertiliser and soft loans to boost production, helping move Nigeria forward.


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2015 Poll: Globally Respected Think-Tank, Brookings Predicts Victory For Jonathan

The world's most influential think-tank based in the United States, Brookings, have projected a President Goodluck Jonathan victory over the opposition candidate's Gen. Muhammadu Buhari in the forthcoming general elections which it suggests would be keenly contested.

According to a statement, the analysis, context and rationale of the think-tank's projections are contained in the Brookings publication titled: Foresight Africa – Top Priorities for the continent (January 2015). "Though the election is expected to be very competitive, the odds still favour President Jonathan.'

Brookings described the All Progressives Congress (APC) as a fragile anti-Jonathan establishment with a sole purpose to return power to the north. "The party is, however, a fragile one that seems united only in its quest to wrest the presidency from Jonathan or to have power "returned" to the north.

"The APC gets much of its strength from tap-ping into anti-Jonathan sentiments in the Muslim north and grievances among the Yoruba who feel that the Jonathan administration has ignored them in key political appointments."

The report indicated that the APC's strategy is hinged on a combination of popular votes from the North West, North East and "the battleground South-West" but also hinted at the possibility of the APC National Leader, Bola Ahmed Tinubu, not delivering the region contrary to speculations."

The statement reads further: "What remains to be seen, however, is whether Bola Tinubu—a former governor of Lagos State who played a pivotal role in the formation of the APC and is considered to be the party's strongest mobiliser in the South-West—will be very enthusiastic in delivering the battleground South-West to the APC during the elections."

"Tinubu indicated his interest in being the party's vice presidential candidate but being a Muslim like Buhari, the party's strategists felt that a Muslim-Muslim ticket might offend Christians and cement the PDP's labelling of the APC as an Islamic party."

On President Jonathan's performance, Brookings noted: "Despite Boko Haram, the country is thriving: The economy continues to grow and—with the re-basing of its GDP—became the largest economy in Africa and the 26th largest in the world. Jonathan's supporters also point to his success in containing the Ebola virus, which earned him commendations from countries and institutions around the world."

The Brookings Report also identified factors such as incumbency and numerical control of states, where PDP has 21 states and APC only 14, as giving PDP an edge.

"The greatest strength of the ruling PDP is its 'power of incumbency,' and all the institutional support that goes with it. Not only does it have federal resources to use as patronage, it also controls key institutions."

The report advised that all efforts should be deployed to ensure a free, fair and transparent elections and to avoid a meltdown as post-election violence seems very likely. "Post-election violence is therefore likely in the north if the APC loses while renewed militancy in the restive Niger Delta is likely if Jonathan does," the report noted.

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Truth And Consequences In Nigeria – Focus On Buhari By Sara Kavemi

If you care about human rights and if you care about democracy, you need to be watching the upcoming Nigerian presidential election very closely. You should also take note that the Western media's coverage of the election has largely, without explanation, omitted a few critical facts. And as Nigerians head to the polls on February 14th in what is arguably the most important election to date in their short history as a democracy, we observers need to be armed with a real understanding of what is at stake, beyond the headlines.

For me, it started few weeks ago. I noticed that I was reading a lot in the news about President Goodluck Jonathan, but very little about his opponent, General Muhammadu Buhari. After researching this presidential contender with whom the media has been rather hands-off, I was astounded by what I learned about him…and even more astounded that no one is talking about it.

Buhari is a former military dictator and an absolute pariah among the international human rights community. His record is alarming not only because of what happened during his previous reign,
but also because of what it means for Nigeria's future if this man is elected. Nigeria's democracy is young and in many ways it is vibrant, but it is also fragile. And it could be demolished in an instant if placed in the wrong hands.

When examining the record of his past regime, the overarching truth is that Buhari was characterized by a ruthless aversion to democracy. In 1983, he ousted a democratically elected president in a bloody coup (he then ruled for 18 months before being overthrown by his own military in yet another coup). Buhari of the 1980s was a brutal dictator, his appetite for repression defined his reign. He is recalled, with a shudder, for his thorough disregard for human life and human rights.

Under Buhari, there was no fair, independent judiciary. The system was structured so that the accused were often denied right to a proper trial and access to legal representation.

He jailed journalists and critics who dared to speak out against him.

In 1984, he passed his infamous "Decree 4," which criminalized the act of saying just about anything that could be construed as anti-Buhari. It is considered to be the worst anti-free speech law in all of Nigeria's recorded history.

That same year, he ordered the kidnapping of Umaru Dikko, an outspoken political opponent in London – in an incident that led to a major, years-long diplomatic row between Nigeria and Britain that included the expulsion of Nigeria's top diplomats by the British Government.

And then, fast forwarding to our current decade, there's the rather small issue of an International Criminal Court case pending against Buhari. It is alleged that during the 2011 presidential election, Buhari (who ran for president in that election as well) called on his supporters to "kill" their fellow Nigerians. And kill they did. Video and audio evidence supports claims that, on his order, Buhari's thugs slaughtered more than 800 innocent civilians. In attacks well-documented by Human Rights Watch and Amnesty International, Buhari devotees allegedly dragged families from their homes and butchered them en masse, raped women, and burned churches to the ground.

The reason for the violence? Because Buhari lost an election – an election that was overwhelmingly and enthusiastically deemed to be a free and fair democratic triumph by international election observers. He lost, so he wanted blood.

These are the facts. This is Buhari.

It is a frightening prospect to imagine this man, with this resume, winning the election. Yet perhaps equally frightening, given what transpired in 2011, is the thought of what he will do if he loses.

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Sara Kavemi is active in global human rights advocacy. She has lived in middle America, the Middle East, and Sub-Saharan Africa. She has worked for several US-based international NGOs, advocacy organizations, and humanitarian aid projects.

The opinions expressed in this article are solely those of the author.

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Presidential Debate: General Buhari’s Boycott Is Disappointing – By Chekwas Okorie

Presidential candidate of the United Progressive Party (UPP), Chekwas Okorie, has stated that the boycott of the scheduled presidential debate being put together by the Broadcast Organisation of Nigeria (BON) and Nigeria Election Debate Group (NEDG) by the All Progressives Congress' (APC) presidential candidate, General Muhammadu Buhari is hugely disappointing.

Speaking via a statement by the media arm of his campaign organisation, Okorie advised General Buhari to ignore those advising him to shun the debate and participate in the debate as scheduled.

Okorie, who is the founder of the All Progressives Grand Alliance (APGA) stated that the debate, which had become a norm in most advanced countries was a welcome development in Nigeria's budding democracy and shouldn't be ignored by any candidate.

"The news that the APC presidential candidate, General Buhari, will not participate in the scheduled debate is a great disappointment," the statement stated.


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Just In: Lagos State Government Declares Today A Work-Free Day For Its Workers.

The Lagos State Government has declared Friday (today) a work-free day for its workers, The PUNCH reports.

A statement by the Head of Service, Mrs. Oluseyi Williams, said the government was desirous of ensuring that all public servants in the state participated in the voting process.

The statement urged the workers to take the opportunity of the holiday to collect their PVCs at their polling units.

According to The Punch, the government also urged private Sector employers to release their workers early to enable those of them who are yet to collect their Permanent Voter Cards to do so.

The statement added, "Enjoining private sector employers to release their workers early today for the same purpose, Governor Babatunde Fashola said the desired prosperity and the brighter rewarding future being sought after by the people, both for themselves and for their children, would be determined by their willingness to sacrifice time to key into the election process by collecting their Permanent Voter Cards for the elections."


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Opinion: The APC Is A Corruption Soaked Social Party - By Muneer Maisaje

Why would we delude our selves that a party with its Grand Patron (Asiwaju Tinubu) who some people described as one of the richest politician in west Africa, the money he acquired illegally while ruling Lagos state for 8 years, a state he is still squeezing through his installed puppet..

If you lie to a child, you have abused the MINDS of many generations to come. Tell the children the TRUTH ………….. it is the ONLY WAY to set their minds free – but APC leaders would never tell the youth the TRUTH.

Many people have been led to believe that APC is the Messiah that would redeem the economical and moral values of the country.
Knowledge and understanding of the past are very important for an individual as well as society. History can easily inspire the individual citizen to pursue better objectives which are noble and truthful to avoid acts which are FALSE and DISGRACEFUL.

In fact the study of history will surely promote national harmony and integration by telling people to appreciate and respect the sensibilities and cultures of other ethnic groups as well as their own.

Corruption is not a tribal problem nor a regional problem, all of our leaders from all tribal groups have contributed to what could be described as near malfunction of our public institutions.

Why would we delude our selves that a party with its Grand patron (Asiwaju Tinubu) who some people described as one of the richest politician in west Africa, the money he acquired illegally while ruling Lagos state for 8 years, a state he is still squeezing through his installed puppet..

It has been alleged that Bola Ahmed Tinubu has illegally acquired the following properties.
The 250-hectare land valued at about N35billion and strategically located at the Ajah junction on Lekki Road which was initially meant for a General Hospital for the people of Eti-Osa Local Government but was stolen by Tinubu and handed over to Trojan Estate Ltd – a company owned by Deji and Wale Tinubu which was developed in to now Royal Garden Housing Estate.

The 1,000 hectares of land valued at about N75billion located at Lakowe near Abijo at Ibeju-Lekki Local Government and given to Lekki Concession Company (LCC) which is partly- owned by Tinubu and Fashola which was developed as golf course and housing estate by Assets and Resource Management Ltd (ARM) as ADIVA project.

How could an overload of a party with these filthy record bring the needed sanity in our country??

If APC is a good political party why did there senators in National Assembly refused to lift a finger at the ungodly salaries and allowances to them? Does it make sense that our senators receive more salaries than there UK counterparts, with Nigeria's per capital income as $2,800 (2012 ) while that of UK is 37,849 more than 12 times that of Nigeria.

In one of the two sources of Islamic Laws (The Hadith) Prophet Muhammad (S.A.W) says " If one of you sees something evil he should correct it with his hands if he can't with his tongue if can't he should hate it in his mind."

None of the so called APC Senator or member house of representative ever said it is inappropriate to be paid such amount, the amount of which when added to other allowances and expenses amount to no less than 25% of the total annual budget which is payed to 469 individuals in a country with a population of over 140 million people.

APC governed states are not any much better than PDP governed states between 1999 to 2007 no northern state was better governed than Katsina state (A PDP state till date).
Let us please stop deceiving our selves. APC calling PDP corrupt is just a pot calling kettle black.

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The opinions expressed in this article are solely those of the author.

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Breaking News: Council Of State Rejects Election Postponement - PUNCH

The Council of State on Thursday rose from a seven-hour meeting, advising the Independent National Electoral Commission to go ahead and perform its constitutional responsibility of conducting the 2015 elections, Punchng.com reports.

Governor Rochas Okorocha of Imo State told State House correspondents that INEC told the council that it was ready for the conduct of the election.

He said security chiefs also expressed their readiness but raised issues about some local governments currently under the control of the Boko Haram sect.

The implication, he said, is that elections will not hold in the affected areas.

But Governor Olusegun Mimiko of Ondo State claimed that the council advised INEC to consider all the inputs made during the meeting with a view to taking a decision it will announce to Nigerians later.


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Any attempt to shift the February Elections In Nigeria could be an invitation to chaos - By Rabiu Jimoh

Any attempt to shift the polls barely 10 days to go could be an invitation to chaos. Energy and resources expended would have been a colossal waste.

The ruling Peoples Democratic Party still has the restructuring trump. The stage is set for the February 14 rumble. Expectations are high. The underdog in this battle may still produce a surprise.

A calculating incumbent will spot the Achilles' heels of the opposition and let fly the arrow. Given that both parties may not be able to access the over five million votes in the North-East maximally, it will be a miscalculation now to change the battle plan in the thick of battle.

The Council of State ought to record a full house now that the survival of the country is at stake.

Although the European Union observers would not dine with the devil even with a long spoon in the North-East, not with a bloody war going on out there anyway, we have reached a point of no return.

We are still awaiting the position of the All Progressives Congress presidential candidate, Maj Gen. Muhammadu Buhari on restructuring Nigeria if he wins. It's the trump!

________________________
Rabiu Jimoh,
Jamiu Street, Ikorodu,
Lagos.

The above opinion represent the view of the writer.

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Just In: Nigeria May Delay Its Presidential Elections, INEC admits To Reuters

Nigeria may delay its Feb. 14 presidential election if the electoral commission cannot distribute enough voter I.D. cards by Feb. 8, an electoral commissioner told Reuters.com on Wednesday.

The hotly contested poll will pit President Goodluck Jonathan of the ruling Peoples Democratic Party against former military ruler Muhammadu Buhari of the All Progressives Congress.

"Let's see how the PVC (permanent voter card) distribution goes by Feb. 8, then maybe," Amina Zachary, a commissioner for the Independent National Electoral Commission (INEC), said on the sidelines of a news conference when asked whether or not the date could be changed.

She made it clear that no decision had been taken. INEC extended its deadline for voters to collect their cards to Feb. 8, but only 44 million out of 68.8 million have been distributed so far, with just 10 days to go before the poll.

The main issue is the uneven distribution across the states as the total is already higher than the number that voted in 2011, Zachary said.

Out of Nigeria's 36 states and its federal capital territory, Abuja, 11 have distributed less than 60 percent of the cards while 4 of those are below 50 percent.

Lagos, the most populous state and opposition stronghold, has distributed fewer than 40 percent of its voter cards.

"We've sometimes just had one person at some distribution stations … now we put two but the cost is very high … it has eaten up all the money as we have to pay INEC staff extra for staying late," Zachary said, lamenting a lack of volunteers.

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Reference Source: TheCall
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