The National Assembly will fast-track the bill to establish a new body to take over the conduct of local government elections from SIECs once it resumes later this month.
The Bill, National Independent Local Government Electoral Commission (NILGEC), sponsored by Senator Mohammed Sani Musa, will be responsible for conducting elections to the office of the local government chairmen and councillors, and any other matter thereof to do with local government as a third tier of government.
A highly placed source at the Red chamber confided in our correspondent that Nigeria is now in a fix as to what to do with Section 162 (6-8) of the constitution which provides for the operation of a joint state/local government account.
He said though the Supreme Court has outlawed the section but it remains in the constitution and the National Assembly is unable to remove it since the state assemblies are not expected to support the move vide Section 9 of the Constitution.
Our source said in a further move against the principle of federalism and direct affront to the Constitution, the National Assembly is reported to be shaping up to enact NILGEC to be responsible for conducting elections to the office of the local government chairmen and councillors, and any other matter thereof to do with local government as a third tier of government.
The National Assembly, it was further gathered, plans to immediately enact the proposed legislation without repealing section 197(1) which states that: “There shall be established for each State of the Federation, the State Independent Electoral Commission.”
Our source observed that the National Assembly is constrained that it cannot alter this provision of the Constitution because the State Houses of Assembly will not give heed to the proposal as is expected for any alteration of any provision as stipulated by Section 9 of the Constitution.
Despite the constraints, the National Assembly, he said, is determined to push through the new law against the provisions of the constitution.
According to him, the development will lead to two frontal assaults on the Nigerian federation; first was the Joint Accounts, and then the implementation of the new law.
He said the new law, if enacted against the provisions of the constitution, will ultimately lead to a constitutional impasse as many lawyers are bound to challenge it.
The bill to establish a new body to take over the conduct of local government elections from SIECs was introduced just after the Supreme Court abolished the joint States and Local Government accounts.
It would be recalled that given the observable lack of independence of the SIECs, some stakeholders including YAIGA Africa had called for the independence of the commissions and not to throw the baby and the bath water away.
The civil society group said the judgment was seen as largely political and against the direct letters of the constitution and the principles of federalism which recognise the states as the federating units.
This policy proposal, it argued, is fundamentally flawed and would have far-reaching implications for Nigeria’s 25-year democracy if implemented.
“It will overstretch an overburden INEC leading to poorly conducted local elections. Second, it undermines the autonomy of states guaranteed in the Constitution, potentially leading to an overconcentration of power in the Federal government.
“It weakens local democracy and citizens’ participation as local communities will be stripped of the opportunity to participate in decision-making.” (Daily Sun)
