The upper chamber of the National Assembly is concerned over the delay in conducting pending rerun elections, but the Independent National Electoral Commission (INEC) needs some salient assurances. CHIBUZO UKAIBE AND MBACHU GODWIN NNANNA write.

The Senate is worried over pending Senatorial re-run elections in the country. It therefor tried to put the Independent National Electoral Commission (INEC) on the spot over the matter.

Senator Ben Murray Bruce (Bayelsa East) who raised the issue at plenary recently said INEC owed the upper chamber explanation on why the pending re-run elections have not been conducted.

He noted that the non representation of some states in the Senate is a violation of the constitution.

Sen. Bruce who asked the Senate to take up the issue with the INEC Chairman, said that the people of the affected areas have a right to be represented in the Senate.

According to the senator, “we have not had representation in this chamber from Rivers State, part of Anambra, Imo, Kogi and some other states. INEC concluded elections in one week in Federal Capital Territory (FCT) but in these states they had no representation here and it does not make any sense.

“It is a violation of the constitution; the people of these states have a right to have representation here. The INEC Chairman owes us an explanation to explain why these elections have not been concluded.

“It is a simple matter and it is the responsibility for INEC to conclude these elections so that the people of these beautiful states have representation here in the Senate.

Deputy Senate President, Ike Ekweremadu who presided over the plenary, explained that he was aware that INEC will meet to fix dates for the election.

He said, “Let me just say that I am aware that INEC will be meeting tomorrow (two weeks back) to fix dates for this rerun or bye-elections but it is important that you have raised it so that the nation will know that we are concerned about the non-representation of some of these states.

“It is clear in the constitution that INEC should quickly conduct within 30 days bye-elections where vacancies occur and so it is far past 30 days when vacancies occurred in some places.

“It is important that we urge INEC to ensure that as soon as possible that this elections are conducted so that every part of the country, every states would have their full representation in the National Assembly.”

By the country’s 1999 Constitution and its Electoral Act of 2010, judicial inquiries into any dispute associated with the outcome of any legislative poll so conducted, must end in eight months or within eight months; starting from 21 days after the official announcement of the results.

The available laws further provide for conduct of a post-election reruns in 90 days or within 90 days, on account of nullification of the original poll and ordering of new one by a court of last instance (i.e. Court of Appeal).

As at January, the number of rerun elections to be conducted were 82 arising from cancellations by court. But so far, INEC has conducted 40 reruns across the country.

However, the antics of politicians as reflected in violent outbursts has been identified as contributing majorly to the delays in conduct of rerun elections as well as the spate of inconclusive polls.

As such rising from a meeting recently, INEC declared that it would not proceed with the conclusion of pending rerun elections unless political parties and relevant stakeholders commit to ensuring violence-free polls.

The electoral commission also stated that security agencies would also have to guarantee that there is peace, order and safety of all electoral officials, stakeholders and other materials before the conduct of the pending polls can take place.

The commission in a statement signed its secretary, Mrs. Augusta Agakwu, declared that “the commission wishes to state that it can only proceed with the conduct or conclusion of the elections where the following exist.

“A firm and unequivocal commitment to violence-free polls by the affected political parties and relevant stakeholders.

“An assurance by the security agencies that it is safe to return through a guarantee of peace, order and safety of all election officials, voters, other stakeholders, materials, polling units and facilities to be used for the elections by the security agencies.”

The commission however added that it has resolved to “engage the political parties in its capacity as their regulator as well as the principal manager of the electoral process.

“Engage the security agencies as custodians who are statutorily responsible for the maintenance of law and order.

“Enlist the intervention of relevant Government agencies as civil society organizations (CSOs), religious bodies and traditional institutions with relevant cognate experience and their peace building and conflict resolution assets and resources in building consensus with a view to securing a conducive atmosphere for the peaceful conduct of the elections.”

The commission had lamented that in the course of its deliberation, it observed that “violent resistance to the commencement of the polls as crucial in Imo North Senatorial and three (3) state constituencies in Imo State.

“Disruption of polls after commencement (as in Kogi East Senatorial and Idah State constituency and all Senatorial and some House of Representatives and State House of Assembly elections in Rivers State.”

The commission lamented that the “violence which attended the elections resulted in a death of a polling official, maiming and various other degrees of injuries, intimidation and psychological trauma to innocent citizens, voters and its personnel, as well as political party agents/supporters and protagonists.

INEC stated that it is committed to obeying the orders of the Tribunals and Courts as well as fulfilling its constitutional and Statutory mandate, as a responsible public institution.

The commission however restated that “it resolve and responsibility not to unnecessarily expose its staff or stakeholders to danger and to avoid any action that will likely lead to a threat of, or breakdown of law and order.”

INEC added that it will remain steadfast in its willingness to undertake their civic responsibility even in “sometimes difficult or daunting circumstances often created by few misguided and opportunistic persons.”

INEC had suspended and declared it won’t return to conduct the federal and state legislative rerun elections in Rivers State following the electoral violence that resulted in the death of a National Youth Service Corps (NYSC) member.

Interestingly, the tenure of a lawmaker is limited by the life of a running legislature, such that it makes no difference when a member assumes office, he must leave office by the end of a particular legislative cycle.

Electorates from Imo North Senatorial District, in Imo State had staged a protest at the National Assembly calling the attention to the delay in conducting the Senatorial District re-run election.

The group, Okigwe zonal Development association had called on INEC to fix a date for the re run of Imo North Senatorial district election of Imo state.

The spokesman of the group, Chief Nasthan Asomugha, equally wanted the National Assembly to direct the Inspector General of police, Solomon Arise, to provide adequate security that could enable INEC conduct the election.

The spokes man expressed concern that the non- representation of Imo North at the Senate has deprived them of some devidends of democracy.

The group said it will resist any attempt to perpetually leave the seat of Imo North vacant in the Senate as been planned by the political gladiators in the state.

Sen. Magnus Abe, who represented Rivers South-east in the 7th Senate also faces this challenge of pending elections in the legislature.

He is seeking re-election as candidate of the All Progressive Congress (APC) in the forthcoming rerun senatorial election.

Narrating his ordeal as to why the polls has not been completed he said “there was no security because it wasn’t provided. You have a political party that didn’t want to conduct an election. They started by saying the result sheets were fake and all that, they were prepared to fight. From the beginning, the governor who is the leader of PDP in the state kept warning that people will die, people should write their will, settle their affairs.There was built up fear and palpable tension in the land. So the place was already like a ticking bomb waiting to explore. On the morning of elections, things got out of control. Even before then, there had been violence since March 19. It has only escalated all across the state.

Noting how it has affected his senatorial ambition, Sen. Abe said “it is a big deal to my people. My people feel that, giving the efforts I made in the last term and giving the issues that bother them now, they will like to see me in the senate. What bothers me is the casual way that we are treating the matter of life and death.”

While the agitation mounts, it is hoped that all stakeholders would reach some form of consensus in the interest of the common good.

Source: leadership.

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