Nigeria Electoral Act Amendment - The Matter Arising

Law is made for the man and not man for the law. This no doubt accounts for the need for constant review of the laws to reflect the yearnings and aspirations of the people in any given society.

On a surface, one may wonder why Nigeria Electoral Act has to be amended at every General Election time, but with the understanding of the above position, the reason is understood. Though one may still argue that it does not have to be the case at every turn of Election if only those who are saddled with the responsibility will do the needful. We must however not be unmindful that ours Democracy is a growing one which must be subjected to the rigour of time and experience. This is because new issues that were not previously envisaged by the drafters of the Constitution must certainly arise. The need for constant review of our Constitution is even more apparent considering the fact that the 1999 Constitution is a product of military decree.

For instance, the Kogi State Election issue is one which tests the validity and potency of our legal system, as it was nothing but a suis generis case, demanding a contextual legal interpretation. While the case has been rested, it nonetheless may emphasize the wordings of one of Nigeria foremost most jurists- 'we are final not because we are infallible, but we are infallible because we are final. Justices of this court are human beings capable of erring. It will certainly be shortsighted not to accept this obvious truth....'

Be that as it may, the constant amendment and re-amendment of our laws and Constitution especially may not necessarily be needed if details effort is made by the parliament. After all, leaders  are leaders because they are supposed to be visionary, able to see what others won't see.

Don't get me wrong, am not here to say law making does not require any amendment of the law. It certainly does, and it is one of the principal responsibilities of the legislature.

The recent squabble between the Presidency and the Legislature over the amendment of the Electoral Act to me is unnecessary and unneeded; but we are in a country where self interest is always the drivingd force of an average Nigeria leader.

Considering the number of issues being tackled in the new Electoral Act, the sequence of Election may arise to be the undoing of the novel initiatives be included in the new law. So what is the good and bad of this section of the law?

Politically, it has been said it is against the President. The argument is that it gives the members of the parliament to elect and mobilize for the President of their choice. However, am of the view that if the President is popular and acceptable enough based on performance, there should not be any ado on this issue.

Essentially, the separation of the election date is one of the best things to happen in Nigeria polity as it will ensure that each election is keenly contested for thereby helping to remove the bad waggoners effect of automatic voting for the President and the parliamentarians. If this is done, there will be emergence of more credible leaders at the National Assembly which more often than not has remained the cog in the wheel of the Nigeria polity and economy.

Economically however, it may amount to economic wastage. This is because conducting a separate election for the parliamentarians will result in use of more resources for both elections. This may be uncalled for considering the present state of our economy.

There is however the constitutionality of the whole issue. The President has said it contravenes the 1999 Constitution especially as it relates to the right and discretion of INEC to organise and conduct Election at the Federal level, thereby vetoing the Electoral bill. The Legislature on the other hand are hell bent to overthrow the President's veto relying on Section 58(5) of the Constitution. How it goes, we will know in the coming days.

Till then, it is important that the forces involved should put the Nigeria State and Nigerians interests in mind. Here is my prayer and wish that the average man on the street will be the best for it.