A day after a bill proposing a six-year tenure for elected chief executives passed the first reading in the House of Representatives, the Senate on Thursday also welcomed a bill seeking to establish the Local Government Independent Electoral Commission for first reading. The Local Government Independent Electoral Commission bill, sponsored by Senator Sani Musa representing
A day after a bill proposing a six-year tenure for elected chief executives passed the first reading in the House of Representatives, the Senate on Thursday also welcomed a bill seeking to establish the Local Government Independent Electoral Commission for first reading.
The Local Government Independent Electoral Commission bill, sponsored by Senator Sani Musa representing Niger East Senatorial district of Niger state was read for the first time on Thursday. The proposed legislation was introduced about a week after the Supreme Court ordered the federal government to pay allocations directly to Local Government Areas (LGAs) from the federation account.
The Bill was perhaps a reaction to the Supreme Court ruling on the lack of government autonomy and reactions from Nigerians on the need to have an independent electoral body to conduct local government elections and thus protect the sanctity and integrity of the election at the third tier of government.
In the suit filed by the Attorney General of the Federal and Minister of Justice, Prince Lateef Fagbemi, Senior Advocate of Nigeria (SAN) the apex court held that state governors have continued to abuse their powers by retaining and using the funds meant for LGAs.
The judgment threw up some issues on the credibility of the results arising from the outcome of local government elections conducted by appointees of state governors.
The Justice Mohammed Uwais panel had in its report submitted in December 2008 recommended that the Independent National Electoral Commission ( INEC) should conduct local government area elections instead of the State Independent Electoral Commission to protect the sanctity of the election.
A member of the panel, Mr. John Odah in an interview with Nigerian Democratic Report (NDR) in Abuja on Wednesday said the panel recommended that INEC should conduct local government area elections to restore credibility to the election in the third tier of government.
The panel’s report which is popularly referred to as ‘The Uwais Report’ also recommended that INEC Chairman, National Commissioners, and Resident Electoral Commissioners(REC) should not be appointed by Mr. President. According to the Uwais Report, whoever is going to be appointed should pass through a process of interview and the best of those interviewed be appointed.
Six-Year Tenure Bill
On Wednesday, the House of Representatives passed through the first reading, a bill seeking to amend the 1999 Constitution to provide for a single term of six years for the offices of the President, State Governors, and Local Government Area chairman.
The proposed legislation was sponsored by the member representing Ideato North/Ideato South Federal Constituency of Imo State, Hon. Ikenga Ugochinyere, and 50 others. Specifically, the bill seeks to alter Sections 7, 135, 137, 180, and 182 (1) of the 1999 Constitution (as amended).
Clause 2 seeks to amend Section 7 of the Principal Act by inserting a new subsection (5) immediately after the extant subsection 4 and before the extant subsection 5 as follows: “(5) A holder of the office of a Local Government Chairman shall vacate his office at the expiration of a period of six years commencing from the date such holder was elected into office.”
Clause 3 of the bill seeks to amend Section 135 subsections (2), (2A), and (3) of the Principal Act by replacing the word “four” with “six” to read:
“(2) Subject to the provisions of subsection (1) of this section, the President shall vacate his office at the expiration of a period of six (6) years single tenure commencing from the date, when – (a) in the case of a person first elected as President under this Constitution, he took the Oath of Allegiance and the oath of office; and
(b) in any other case, the person last elected to that office under this Constitution took the oath of allegiance and oath of office or would, but for his death, have taken such oaths.
“(2A) In the determination of the six-year term, where a re-run election has taken place and the person earlier sworn wins the re-run election, the time spent in the office before the date the election was annulled shall be taken into account.
“(3) 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 six years mentioned in subsection (2) of this section from time to time; but no such extension shall exceed six months at any one time”.
Clause 4 of the bill seeks to amend Section 137 of the Principal Act by deleting paragraph (b) and renumbering appropriately.
Clause 5 of the proposed legislation l seeks to amend Section 180 of the Principal Act by deleting the extant subsections 2 and 3 and replacing them with new subsections 2 and 3.
