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Consequences of INEC's
Announcement of 2007 Election Time-Table
By Mobolaji E. Aluko, PhD
alukome@gmail.com
Burtonsville , MD, USA
On
August 29, 2006 INEC finally announced the key dates towards Nigeria's
crucial 2007 elections as follows:
- October 7, 2006 for beginning of voter
(re-)registration;
- April 14, 2007 for Gubernatorial and
State Assemblies Elections;
- April 21, 2007 for
Presidential and National Assembly Elections
The
order (presidential last) and grouping (state, national) are commendable
and are as recommended earlier by this writer, particularly in respect to
avoiding any band-wagon effects an early presidential election might
engender. However, bearing in mind the window of dates
March 30 to April 29 that INEC had to work with, the
announced dates were the second worst (after April 28/29) that INEC could
have chosen.
Why does one write
so?
First, INEC still
exhibited a wedding to use of Saturdays as election days, rather than
week-days, which could have made it possible to run the elections much
earlier.
Secondly, by making
the presidential election as late as April 21, even if the results of any
election are announced as fast as within a week (say by April 28), then
the Electoral law legally allows petitioners 30 days after such an
announcement to file a petition – which would be a day before the
hand-over date of May 29 !
In fact, the issue
becomes more complicated in the events of run-offs, which theoretically
can be as many as two, each to be conducted within 7 days AFTER the
announcement of the earlier one. If the April 21 presidential election
is announced (fast) on April 28, and a run-off is necessary, it must be
done by May 5. If that first run-off is run on May 5 and the
result is reported by May 12, and if another run-off is necessary, then
that must be conducted by May 19. Results would then have to be
announced on May 26 – three days to hand-over date of May 29!
Furthermore, the
Constitution allows the results of EACH of these elections to be
petitioned against within 30 days – which means that under the best of
circumstances, the petition for the May 26 election (if there is to be a
second run-off) can be held-off until June 26 – AFTER the president might
have been installed on May 29. [See Table 1]
The upshot of these
criticisms is that one would have preferred the Gubernatorial and
Presidential Elections to be held on April 3 and Wednesday April 4, 2007
respectively as recommended earlier, which, working back on the dates,
would have given at least 10 days for Tribunals to hear all the petitions,
including at least for Run-Off #1, which is more probable than Run-Off #2.
[See Table 2.]
Consequently, unless
the principle of "Sleeping on your Rights" is invoked – which would make
the filing of petitions AFTER a remedy has been worked out moot – we may
have a crisis on our hands come next year.
In any case, if these
dates are not changed, we are now left to watch VERY CLOSELY each of the
deadlines AUTOMATICALLY created by the announcements put forward by INEC.
These deadlines are set forth in Table 3, where a clear distinction
should be made (as implied in the Electoral Act 2006) between
"General Election" date (which is April 21, the first date of two
elections), and each of the election dates (April 14 for
Gubernatorial/State Assembly) and April 21 for Presidential/National
Assembly, each of which triggers a different set of deadlines.
Finally, at some point soon in our nation, we must make some bold
decisions about staggering our elections and taking guess-work out of
election dates so that we don't have a four-year-cycle of electoral
carnivals and citizens' nail-biting.
But we shall see, and
in the time being, let us pray.
BIBLIOGRAPHY
http://www.nigerianmuse.com/important_documents/Electoral_Act_2006_Harmonized.doc
Nigeria's Electoral
Act 2006
http://www.nigerianmuse.com/essays/?u=MWE_Interrogating_Harmonized_Electoral_Act_2006.htm
MID-WEEK ESSAY: Interrogating the New
Harmonized Electoral Act 2006 - and Some Recommendations
[Mobolaji E. Aluko, June 14, 2006 ]
http://www.nigerianmuse.com/essays/?u=SM_Update_on_Recommended_dates_2007_Elections.htm
SUNDAY MUSINGS: Update on
Recommended Dates for 2007 Elections
[Mobolaji
E. Aluko; June 11, 2006 ]
http://www.nigerianmuse.com/essays/?u=MWE_Recommending_Dates_ballot_system_for_2007_elections.htm
MID-WEEK ESSAY: Recommending Dates and Ballot System
for the 2007 Nigerian Elections
[Mobolaji
E. Aluko, May 31, 2006]
TABLE 1:
CONSEQUENCE OF PRESENT INEC ANNOUNCEMENT
April 14 –
Gubernatorial Elections
April 21 –
Presidential Election
{April 28 – "Fast
Track" Announcement of Results of Presidential & Gubernatorial Elections
May 5– Run-Off
Elections #1
May 12 – "Fast Track"
Announcement of results of Run-Off Elections #1
May 19 – Run-Off
Elections #2
May 26 – "Fast Track"
Announcement of results of Run-Off Elections #2
May 28 Last day to
file Petition Against Presidential Election Results}
May 29 – Hand-Over
Date
{June 12 - Last day
to file Petition Against Run-Off # 1
June 26 – Last day to
file Petition Against Run-Off # 2
TABLE 2:
PREFERRED INEC ANNOUCEMENTS
April 3 –
Gubernatorial Elections (Monday)
April 4 –
Presidential Elections (Tuesday)
April 7 –
Announcement of results of Presidential/Gubernatorial Elections (Saturday)
April 14 – Run-Off #1
(May not be necessary, but quite possible)
April 21 –
Announcement of results of Run-Off # 1
April 28 – Run Off #
2 (May not be necessary; quite improbable)
May 5 – Announcement
of results of Run-off # 2
May 7 - Last day to
file Petition Against Presidential/Gubernatorial Elections
May 14 – Last day to
file Petition Against Run-Off # 1
May 15-25 – Tribunals
hear all Petitions
May 29 – Hand-Over
Date
June 5 – Last day to
file Petition Against Run-Off # 2
Table 3: Full
Chronological Implications of Announced Electoral Time-Table
|
Date |
Event |
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|
|
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2006
|
|
|
|
|
|
Wednesday
May 31
|
Electoral Law 2006 [Harmonized]
passed by National Assembly
|
|
|
|
|
Tuesday
June 6
|
Assent by President Obasanjo
|
|
|
|
|
Tuesday,
August 29
|
INEC announces Voter Registration &
Election Dates
{ie October 7, 2006 for begin of voter
registration;
April 14, 2007 for Guber/SASS
Elections;
April 21, 2007 for Prez/NASS
Elections}
|
|
|
|
|
Thursday
August 31
|
Deadline for INEC to submit
Budget for activities for following
Year 2007 [Section 6(1) of Electoral Act
2006 (EA2006)]
|
|
|
|
|
Thursday, October 7
|
Voter (Re-)Registration to Begin
|
|
|
|
|
Saturday, October 14
|
6 months days before GENERAL
ELECTION GE (ie April 14, 2007):
1. Political parties intending to be
registered must submit their
applications
not later than six months before GE [Section 78(1)]
1. Political parties intending to merge
must give six months notice
to
INEC before GE [Section 84(2)] |
|
|
|
|
Thursday, November 16
|
150 days before Guber/SASS Elections Day:
1. Not later than 150 days before this
election day,
INEC must publish date of election and
where
nomination papers are to be delivered [Section 31(1)]
|
|
Thursday, November 23
|
150 days before Prez/NASS Elections Day:
1. Not later than 150 days before this
election day,
INEC must publish date of election and
where
nomination papers are to be delivered [Section 31(1)]
|
|
|
|
|
Friday, December 15
|
120 days before Guber/SASS Election Day
1. Registration of voters that will vote
not
later
than 120 days before this election day [Section 10(5)]…..but
registration must continue [since it is
continuous; Section 10(1)]
2. Party must submit list of candidates to
INEC
not later than 120 days before Guber/SASS Election Day [Section 32(1)]
3. INEC must publish particulars
within 7 days after receipt .
[Section 32(3)]
|
|
Friday, December 22
|
120 days before Prez/SASS Election Day
1. Registration of voters that will vote
not
later
than 120 days before this election day [Section 10(5)]…..but
registration
must continue [since it is continuous; Section 10(1)]
2. Party must submit list of candidates to
INEC
not later than 120 days before this election day [Section 32(1)]
3. INEC must publish particulars
within 7 days after receipt .
[Section 32(3)]
|
|
|
|
|
2007
|
|
|
|
|
|
Sunday, January 14
|
90 days before Guber/SASS Elections Day:
1. Parties to submit audited account
[Section 89(1)]
2. Public campaign by parties can begin;
to
last only 90 days and end 24 hours to poll opening
[Section
101(a)] |
|
Sunday, January 21
|
90 days before Prez/NASS Elections Day:
1. Parties to submit audited account
[Section 89(1)]
2. Public campaign by parties can begin;
to
last only 90 days and end 24 hours to poll opening
[Section
101(a)] |
|
|
|
|
Sunday, February 4
|
70 days before Guber/SASS Elections Day:
1. Candidate can withdraw his candidature
[Section 36(1)]
|
|
Sunday, February 11
|
70 days before Prez/NASS Elections Day:
1. Candidate can withdraw his candidature
[Section 36(1)]
|
|
|
|
|
Wednesday, February 21
|
60 days before GENERAL ELECTION:
1. Not later than 60 days before GENERAL
ELECTION,
supplementary voters' list shall be
integrated
with the voters' register and published
[Section 21]
|
|
|
|
|
Wednesday, February 21 |
1. Parties can signify intent to change
its
candidate
not later than 60 days before Guber/SASS [Section 34(1)]
2. Party can change a withdrawn candidate
not
later than 60 days before Guber/SASS
[Section 36(2)] |
|
Wednesday, February 28 |
1. Parties can signify intent to change
its
candidate
not later than 60 days before Prez/NASS [Section 34(1)]
2. Party can change a withdrawn candidate
not
later than 60 days before Prez/NASS
[Section 36(2)] |
|
|
|
|
Thursday, March 1
|
Within 60 days after each year:
1. INEC must make names, addresses of all
registered
persons during 2006 available
to every
political party [Section 11(1)(b)]
|
|
|
|
|
Thursday March 15 |
30 days before Guber/SASS Elections Day
1. INEC to publish by display full names
of
all
candidates standing nominated [Section 35]
2. No duplicate voter's card issued on
polling day or within 30 days of Guber/SASS Elections Day [Section
19(3)] |
|
Thursday March 22
|
30 days before Prez/NASS Elections Day
1. INEC to publish by display full names
of
all
candidates standing nominated [Section 35]
2. No duplicate voter's card issued on
polling day or within 30 days
of Prez/NASS
Elections Day [Section 19(3)]
|
|
|
|
|
Saturday, March 31
|
14 days before Guber/SASS Elections Day
1. INEC shall publish
(a) day/hours fixed for poll
(b) people entitled to vote; and
(c) location of
polling stations. [See Section 47]
2. Election tribunals shall be set up
not
later than 14 days before Guber/SASS Elections Day [Section 140(3)]
|
|
Saturday,
April 7
|
14 days before Prez/NASS Elections Day
1. INEC shall publish
(a) day/hours fixed for poll
(b) people entitled to vote; and
(c) location of polling stations. [See Section 47]
2. Election tribunals shall be set up
not
later than 14 days before Prez/NASS Elections Day [Section 140(3)]
|
|
|
|
|
Tuesday March 27
|
7 days before PED:
1. Each political party to submit names
and
addresses
of its polling agents [Section 46(1)]
|
|
|
|
|
Friday,
March 30
|
60 days before H-OD
1. Presidential elections cannot be held
earlier
than this date (by 1999 Constitution)
|
|
Friday,
April 13 |
Guber/SASS Public campaign ends on this
day |
|
Saturday,
April 14 |
Gubernatorial/State Assembly Election Day |
|
????????????
|
Gubernatorial/State Assembly Results
Announced when?
Date of announcement
uncertain
|
|
|
|
|
|
|
|
Friday,
April 20 |
Prez/NASS Public campaign ends on this day |
|
Saturday,
April 21
|
Prez/NASS Election Day
|
|
????????????
|
Prez/NASS Results Announced when?
Date of announcement uncertain
|
|
|
|
|
????????????
|
Guber/SASS Election petitions to be filed
by this date {within
30
days of results declaration [Section 141]} |
|
????????????
|
Prez/NASS Election petition to be filed by
this date {within
30 days of results declaration [Section
141]}
|
|
|
|
|
????????????
|
Run-off # 1: 7 days after Prez/Guber
Results are announced
Date of announcement uncertain
|
|
|
Election petition against Run-off #1 can
be filed within 30
days for results declaration [Section 141]
|
|
|
|
|
????????????
|
Run-off # 2: within 14 days after Prez/Guber
Run-off # 1 announced
Date of announcement uncertain
|
|
|
Election petition can be filed within 30
days
for results declaration of Run-off # 2
[Section 141]
|
|
|
|
|
Sunday,
April 29
|
30 days before Handover-Date
1. Presidential elections cannot be held
later
than this date (by 1999 Constitution)
|
|
|
|
|
Tuesday,
May 29 |
Hand-Over Date (HOD) to New Administration
|
|
|
|
GUARDIAN
Elections for
president, govs hold April 21, 2007
·
Obasanjo pledges to hand over on May 29
From Akpo Esajere, Madu
Onuorah and Mohammed Abubakar, Abuja
A
SHIFT has been adopted for the conduct of next year's general elections,
grouping voting for the office of president and the federal legislature
together.
The Independent National Electoral Commission
(INEC) announced this at the opening of a three-day national forum on
Nigeria's 2007 elections, held in Abuja yesterday.
According to a sketch of the time-table, INEC
said that the presidential election and that of the National Assembly
would hold the same day, April 21, 2007.
Also, Nigerians will vote for their
governorship candidates and those of the State Houses of Assembly on
April 14, 2007, seven days earlier than the president and federal
legislature elections.
It was an occasion where President Obasanjo
also again formally pledged to Nigerians: "When the time comes on May
29, 2007 that I will hand over the baton, I want Nigerians and friends
of Nigeria to have the confidence that the race will neither be slowed
down nor be lost. I will want to give glory to God and thank Nigerians.
As I return to my farm, I will have the feeling that I have had the
opportunity to serve and I have done my best even as I leave the rest
for those following or coming behind to resolve to have no rest until
the ultimate best is achieved for the country."
The time-table contrasts with that for the
2003 polls, in which the presidential and governorship elections were
both held on April 19.
It also contrasts with the even more
staggered elections that ushered in democracy on May 29, 1999, when
council elections were held on December 5, 1998.
Those of state governors and their assemblies
were held on January 9, 1999 ; the National Assembly, February 20, 1999,
and Presidency, February 27.
INEC also yesterday disclosed that a fresh
voters' registration would be conducted, beginning on October 7, 2006.
And, once again, President Olusegun Obasanjo
yesterday pledged to "hand over the baton" of leadership of Nigeria and
return to his farm on May 29, 2007.
But the President also upbraided those
alleging a plot for an Interim National Government (ING), saying that
they "are either ignorant of the Constitution, evil-minded or are
mischief-makers because there is no room anywhere for such a contraption
except during a state of war against other countries."
He said: "ING is only reminiscent of
military regime and military mentality", adding that unless the
promoters of the unconstitutional tale "have plans to go to war against
other countries, it is difficult to see how the issue of ING comes into
our country's political discourse and commitment to political stability
and economic progress."
He declared: "It is undemocratic and has no
redeeming political or other value."
Promising to ensure that INEC performs its
duties without hitches, the President gave a hint on those who might not
succeed him next year. He restated his government's plan to "wage war on
political violence and politicians or their agents who instigate,
encourage, preach, support and promote violence."
The President added: "Elections cannot be a
matter of life and death. Those who view politics and elections in that
light do not have the interest of the nation and the people at heart.
They do not mean well for our society and we must ensure that they do
not succeed and we should do everything within the law and the
Constitution to check their dangerous activities."
He declared further: "In the same vein,
those criminals and crooks, persons of dubious character, the corrupt
and the corrupters, and those whose track record are so blemished that
no amount of whitewashing, propaganda or reinvention of personal
profiles can cover up their dirty pasts must be prevented by all lawful
means from further corrupting, contaminating and compromising our
democratic process. Nigerians should all resolve that in no way should
such people take over the reins of government in this country."
Noting that the future beckons on the
citizens, Obasanjo said "The new Nigerian train of peace, unity, progress,
love, harmony and development is moving on steadily. We call on those that
still be |
