Electronic Transmission: N’Assembly Crippled INEC, Removed Power To Review Election — Falana SAN

Human rights lawyer, Mr. Femi Falana (SAN) yesterday faulted the National Assembly for removing the power of the Independent National Electoral Commission (INEC) to review election results declared under duress or in contravention of electoral guidelines.

Falana, a former President of the West African Bar Association (WABA), also alleged that the National Assembly has completely monetised the democratic process, citing the indiscriminate increase of campaign expenses under Section 88 of the Electoral Amendment Bill.

The senior lawyer, who expressed these concerns in THISDAY’s interview yesterday, decried the implications of sections 65 and 88 of the newly passed Electoral Act (Amendment) Bill on the credible and transparent electoral process in Nigeria if President Muhammadu Buhari finally assents to the bill.
Falana argued that the fixation on the electronic transmission of election results clause “has not allowed Nigerians to consider other dangerous provisions in the bill.”

Specifically, the senior advocate cited section 65 of the Electoral Amendment Bill, which according to him, removed the power of the INEC to review results declared under duress or in contravention of electoral law and guidelines.

He questioned the recommendation of the federal legislators that only election petition tribunals “are empowered to review fraudulent election results once they have been declared by the returning officers.”
He also pointed out Section 88 of the Electoral Amendment Bill, which he argued, completely monetised the democratic process as only moneybags can contest elections in Nigeria.

Under the section, the senior advocate noted that campaign expenses for the presidential election “have been increased from N1 billion to N15 billion, while that of the governorship election, has been raises from N200 million to N5 billion.

“The section increased spending for the senatorial election from N40 million to N1.5 billion; House of Representatives, from N30 million to N500 million; and the State House of Assembly election, from N10 million to N50 million.

“In a country where the national minimum wage is N30,000, only the stupendously rich who may have stolen public funds or sponsored by drug barons can run for public offices,” he added.
With INEC’s authoritative pronouncement that it has acquired the technical expertise to transmit election results in any part of the country, Falana asked the legislators to delete the objectionable Section 52 (3) of the Electoral Bill without any further delay.

He explained that the opposition to electronic transmission of election results and the inclusion of other backward provisions in the Electoral Bill has nothing to do with ethnicity or religion.
He argued that the decision of the majority of legislators to plot against credible elections or institutionalise rigging has shown that northern and southern politicians are prepared to defend reactionary causes.

Falana insisted that the members of the ruling class, regardless of their ethnic extraction and religious persuasion, “are always united in consolidating corrupt practices, including election malfeasance.
“The federal legislators amended Section 52 (3) of Electoral Bill 2021 to the effect that INEC may consider the electronic transmission of results provided that the national network coverage is adjudged to be adequate and secure by the National Communications Commission and approved by the National Assembly.

“In endorsing the illegal amendment, the attention of the members of the National Assembly was not drawn to the relevant provisions of the Constitution on the exclusive powers conferred on the INEC to conduct the general elections without any interference from any authority or person whatsoever,” Falana explained.

Under Section 78, the 1999 Constitution states that the registration of voters and the conduct of elections shall be subject to the direction and supervision of the Independent National Electoral Commission.

In this light, Falana argued that the proposed amendment of the 2010 Electoral Act, which seeks to subject INEC to the control of the Nigerian Communication Commission and directive of the National Assembly, “is illegal and unconstitutional in every material particular.

“Since the members of Senate and the House of Representatives resolved to subvert the electoral process in defiance of the relevant provisions of the Constitution, they should be prepared to justify the purported amendment of the Electoral Act in the court of law if the President assents to the bill,” the human rights lawyer explained.