New Telegraph

Electronic transmission: INEC can’t share power NCC, Tambuwal tells Senate

Sokoto State Governor, Aminu Waziri Tambuwal has faulted the Senate’s decision to subject constitutional power of the Independent National Electoral Commission (INEC) to conduct elections to the Nigeria Communications Commission (NCC), describing it as “unconstitutional and unlawful”.

Tambuwal, who is former Speaker of the House of Representatives, drew the lawmakers’ attention to section 78 of the Constitution, which says that: “The registration of voters and the conduct of elections shall be subject to the direction and supervision of the Independent National Electoral Commission.”

The governor in a statement further referred the senators to the Third Schedule, Part 1,F, S.15, which empowers INEC to organise, undertake and supervise all elections, adding that the constitution further provides that INEC operations shall not be subject to the direction of anybody or authority.

“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,” he added.

The governor, who was reacting to the Senate’s resolution to subject INEC’s power to conduct elections to the NCC and National Assembly, argued that “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.”

He recalled his earlier advice that the mode of conducting elections and in particular the transmission of votes should be left with INEC which “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.”

According to him, 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.

Tambuwal believed that 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 is a wise one.

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