What would make INEC take this uncommon step considering the current global pandemic that has not eluded Nigeria? PrimaryElection INEC Ondo EdoState Election Governorship
What would make INEC take this uncommon step considering the current global pandemic that has not eluded Nigeria? One could simply conclude to avoid constitutional crisis. Election to the office of the Governor of any State in Nigeria must be held on any date not earlier than 150 days and not later than 120 days before the expiration of the term of office of the sitting Governor. of 1999 CFRFN as amended).
This document highlights serious constitutional questions. Are political parties excluded from complying with the guidelines? The guideline made no provisions whether political parties are allowed to organize rallies and congresses or convention. How primaries will be conducted. No sanctions for violation of the guideline. The policy guidelines issued by INEC did not address these issues.
Subsequently, the regulation was modified to allow individuals and corporate bodies who offer what the government termed “Essential services” to operate. Which simply meant, service that are imperative and crucial in ameliorating the spread of the virus and the socio-economic effects of the policies implemented as a result of the corona virus.
However, any action to make Electronic voting operational must be done through an Act of Parliament. INEC cannot play the magic card it played in 2015 when it failed to get legislative backing for the use of Smart Card Readers for elections. This raised a litany of constitutional and electoral issues. The case of All Progressives Congress v. Jimmy Agbaje & Ors CAR 23 was one case that reflects the issue under analysis.
The Electoral Act outlawed Electronic voting under Section 52 of the Electoral Act and the Electoral Act only recognizes ballot as the only legitimate means of casting votes. See Section 44 & 49 of the Electoral Act.
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