By Gabriel Atumeyi
The Peoples Democratic Party (PDP) Governors Forum has denounced the decision of the Senate against the electronic transmission of election results by the Independent National Electoral Commission (INEC).
365Daily had earlier reported that out of the 109 Senators, 52 voted NO, 28 voted in favour, while 28 were absent on Thursday, July 15, 2021, when the Senate voted on the clause that would have allowed electronic transmission of election results.
According to the result of the process announced by the Clerk of the Senate, All Peoples Democratic Party (PDP)’s Senators on the floor, led by the Minority Leader, Enyinnaya Abaribe, voted in favour of electronic transmission of results by the Independent National Electoral Commission (INEC) without interference from either the Nigeria Communication Commission (NCC), or the National Assembly.
It was gathered that Deputy Senate President, Senator Ovie Omo-Agege (Delta), Senator Oluremi Tinubu, wife of the National Leader of the All Progressives Congress (APC), Asewaju Bola Tinubu, Senator Smart Adeyemi (Kogi West), a former president of the Nigeria Union of Journalists, Senator Mohammed Goje, former governor of Gombe and Senator Adamu Aliero, former governor of Kebbi state, top the list of those who voted against electronic transmission of election results.
Senator Orji Uzor Kalu, former governor of Abia state who is also the Senate Chief Whip, Senator Ali Ndume from Borno, Senator Bamidele Opeyemi, Senator Uba Sani (Kaduna) and Senator Solomon Adeola, also voted against the provision in the ongoing Electoral Act amendment.
Against the overwhelming calls that the provision is needed to ensure the integrity of election results, the Senate, through majority votes by the APC, voted against it.
According to the PDP Governors the decision to subject the INEC to the Nigerian Communication Commission is against the provision of the constitution as related to the powers of INEC to conduct elections that are free and fair.
It said the powers exclusively bestowed on the electoral body cannot be shared with the NCC.
In a statement on Thursday by the Chairman of the PDP Governors Forum, Rt Hon. Aminu Waziri Tambuwal, the Forum said INEC has the constitutional power backed by the Electoral Act to make rules and guidelines to ensure that every vote is counted and that every vote counts.
It said the INEC should be guided by the desire of Nigerians for a free, fair and credible election come 2023.
The Forum however, commended the House of Representatives for calling on INEC to address the House and nation on its readiness by 2023 to deploy electronic transmission technology for our elections, describing it as a patriotic move.
“The decision of the Senate to subject INECs constitutional power to conduct elections to the Nigerian Communications Commission (NCC), and National Assembly is patently unconstitutional. For the avoidance of doubt, S.78 of the Constitution provides that “The Registration of voters and the CONDUCT of elections shall be SUBJECT to the DIRECTION and SUPERVISION of Independent National Electoral Commission”. In Third Schedule, Part 1,F, S.15: INEC has power to ORGANISE, UNDERTAKE and SUPERVISE all elections. The Constitution further provides that INEC OPERATIONS SHALL NOT be subject to the direction OF ANYBODY or AUTHORITY.
“Unquestionably, the mode of election and transmission are critical parts of the CONDUCT, SUPERVISION, UNDERTAKING and ORGANISATION of elections in Nigeria. Of course the National Assembly has power to flesh out the legal framework but that has to be consistent with the Constitution.
“These constitutional powers have been solely and EXCLUSIVELY PRESCRIBED BY THE CONSTITUTION to INEC, and CANNOT BE SHARED WITH the NCC, or any other Authority, and certainly not a body unknown to the Constitution. The Senate decision to subject INECs constitutional power to conduct elections to NCC is consequently patently VOID, unconstitutional and unlawful.
“The had earlier counselled that that the mode of conducting elections and in particular the transmission of votes be left with INEC who would monitor developments and determine at every election the type of technology to be deployed to ensure free, fair and credible elections. INEC also has constitutional power backed by the Electoral Act to make rules and guidelines to ensure that every vote is counted and that every vote counts.
“If INEC determines that in any part of the country, electronic transmission is not possible, it would by regulations determine the appropriate thing to do.
“The decision of the House of Representatives to call on INEC to address the House and nation on its readiness by 2023 to deploy electronic transmission technology for our elections, seems to be a wise one, I therefore commend the Leadership and Hon Members of the House for this decision and further admonish them to remain on the path of patriotism and deepening of our democracy by engendering and strengthening free and fair electoral process
“Tn any case, I still believe that the best option is to leave this matter in the hands of INEC.
“We admonish INEC to be solely guided by the National interest and the desire of all Nigerians for a credible, free and fair elections in using its constitutional powers and in the deployment of error free technology.