MID-WEEK ESSAY:  INEC Has Begun Its Deadlines Violation and Internet "Mago-Mago"

By

Mobolaji E. Aluko, PhD

Burtonsville, MD, USA

 
March 8, 2007
 
 
________________________________________________________________________________________________________________
 
Dear Compatriots:
 
 
As we await, today March 8,  INEC's official list of State Assembly and gubernatorial  candidates, and on March 15, the Presidential and gubernatorial candidates' lists - particularly to see whether INEC will obey the courts of the land and NOT disqualify candidates without court order and thereby exclude names - I bring to your attention the following troubling information.
 
 
If you go to the URL:
 
 
you will see a large but slightly fuzzy picture of INEC Chairman Prof. Maurice Iwu (hands spread out). Below it, however, is an unintelligible "Time Table and Schedule of Activities for the 2007 General Elections," viz:.
 
 
 

 

 

INDEPENDENT NATIONAL ELECTORAL COMMISSION

TIME TABLE AND SCHEDULE OF ACTIVITIES FOR THE 2007 GENERAL ELECTIONS

1.

Issuance of Notice of Elections - S.31 (1) Electoral Act

Nov. 8, 2006

Electoral Act 2006 provides for

2006.

notlaterthan150daysbefore

Election.

2.

Collection of Forms Commences:

Dec. 1,2006

No provision in the Electoral Act

F onn (CF 001) Affidavit/Personal particulars of candidates

2006

Form (CF002) Party's list of Candidates

I

3.

Last day of Collection of Forms

No provision in Electoral Act but

(a)

Governorship/State Assembly Elections

Dec. 14,2006

Forms must be submitted 120 days

(b)

Presidential/National Assembly Elections

Dec. 21, 2006

before the Elections

4.

Last d11Y of Submission of personal particulars and

list of candidates by Political Parties S.32 (1)

The Electoral Act provide for such

(a)

Governorship/State Assembly Elections

Dec. 15,2006

submission, not later than 120 days

(b)

Presidential/National Assembly Elections

Dec. 22, 2006

before the elections

5.

Last day for publication of personal particulars

Electoral Act provides for publication

of candidates - S. 32(3)

within 7 days after submission of list

(a)

Governorship/State assembly Elections

Dec. 22, 2006

of candidates by Political Parties

(b)

Presidential/National Assembly Elections

Dec. 29,2006

6.

Campaign by Political Parties in Public commences - S 101 (1)

The Electoral Act provides that the

(a)

Governorship/State/Assembly/Elections

Jan142007

period of campaigning shall commence

90daysbeforePollingdayandends24

(b)

Presidential/National Assembly Elections

Jan. 21, 2007

hours prior to that day

7.

Collection of Nomination Forms by Parties

Jan. 15,2007

No provision in the Electoral Act 2006

commences

8-

-

Last date for Return of Nomination Forms by

Jan. 29,2007

Not provided for in the Electoral Act

Politic Parties


 
It may be the work of an incompetent webmaster, but there you have it.
 
Yet, luckily, on my NigerianmMuse website, I had reproduced a long while ago the correct schedule issued by INEC itself put on its same website - see
 
 
under its URL:
 
 
 
QUOTE
 

 

 
Time Table of Activities and Schedule for the 2007 General Elections:
 

 

http://www.inecnigeria.org/newsview.php?newsid=195

 

 

After due consultation with the political Parties and other Stakeholders and with due regards to the Constitution of the Federal Republic of Nigeria, 1999 and the Electoral Act 2006. The Independent National Electoral Commission has approved the following Time Table of Activities and Schedule for the 2007 General Elections:

 

S/N ACTIVITY DATE REMARKS
1. Issuance of Notice of Polls-S.31(1) Electoral Act 2006 Nov. 8, 2006 Electoral Act provides for not later than 150 days before Election
2.

(i)

 

(ii)

Collection of Forms commences:

Form (CF001) Affidavit/ personal particulars of candidates

Form (CF002) Party's list of candidates

Dec.1, 2006 No provision in the Electoral Act
3.

(a)

  (b)

Last day for collection of forms

Governorship/State Assembly Elections

Presidential/National Assembly Elections

 

Dec. 14, 2006

Dec. 21, 2006

 

No provision in Electoral Act but Forms must be submitted 120 days before the Elections.

4.  

 

 

(a)

(b)

Last day for submission of personal particulars and list of candidates by Political Parties-S.32(1)

Governorship/State Assembly Elections

Presidential/National Assembly Elections

   

 

 

Dec.15, 2006

Dec.22, 2006

 

The Electoral Act provides for not later than120 days before a General Election.

5. 

 

(a)

(b)

Last day for publication of personal particulars of candidates-S.32(3)

Governorship/State Assembly Elections

Presidential/National Assembly Elections

  

 

Dec. 22, 2006

Dec. 29, 2006

 

Electoral Act provides for publication within 7 days after submission of list of candidates by Political Parties
6. Collection  of Nomination Forms by Parties commences Jan.15, 2007 No provision in the Electoral Act 2006
7. Last date for Return of Nomination Forms by Political Parties Jan. 29, 2007 Not provided for in the Electoral Act
8. 

 

(a)

(b)

Last date for withdrawal by candidates-S.36 (1)

Governorship/State Assembly Elections

Presidential/National Assembly Elections

  

 

Feb.3, 2007

Feb.10, 2007

 

The Electoral Act 2006 provides that the notice of withdrawal shall be conveyed to the Commission not later than 70 days to the Election.
9.

 

(a)

(b)

Last date for change of candidates by Political Parties

Governorship/State Assembly Elections

Presidential/National Assembly Election

  

 

Feb. 13, 2007

Feb. 20, 2007

 

The Electoral Act provides for 60 days before the date of the election

10. 

 

(a)

(b)

Last date for substitution after withdrawal-S.36(2)

Governorship/State Assembly Elections

Presidential/National Assembly Elections

  

 

Feb. 13, 2007

Feb. 20, 2007

The Electoral Act 2006 provides that where the Commission is satisfied that the Candidate's withdrawal satisfies the provisions of section 36(2), the Political Party shall be allowed to nominate another candidate, not later than 60 days before the date of election.

 

11.  

 

(a)

(b)

Publication of list of nominated candidates/ persons nominating them-S.35(1)

Governorship/State Assembly Elections

Presidential/National Assembly Elections

   

 

March 8,2007

March15,2007

The Electoral Act 2006 provides that such publications shall be made at least 30 days before the day of the election.
12

 

(a)

(b)

Publication of Notice of Polls-S.47

 

Governorship/State Assembly Elections

Presidential/National Assembly Elections

 

 

March 24, 2007

  March 31, 2007

The Electoral Act provides for a period not later than 14 days before the day of the election
13. (i)     Last day for campaigns for

        Governorship/State houses of  Assembly Elections

(ii) Last day for campaigning  

for Presidential/National Assemble Elections-S 104                  

April 13, 2007

   

 

April 20, 2007

The Act prohibits broadcasts or campaigns 24 hours preceding the day of polling-S.104(1)
13 (i)                  Governorship/State houses of Assembly Elections

(ii)                Presidential/National Assembly  Elections- S. 31(1)           

April 14, 2007

 

 

April 21, 2007

 

The Act provides for at least 150 days commencing from the date the notice of polls is given to the date of election.

 

Run-offs (where applicable) for presidential and Governorship Elections to be announced

             

 NOTE: Run Offs for Presidential/Governorship Elections will be fixed at the time or shortly after the announcement of results.  

Professor M.M. Iwu

Chairman, INEC 

 

 
UNQUOTE
 
 
 In fact the old URL now reports on "INEC Missing computers:
 
 
Why the difference?  Why change it?  Nobody knows. 
 
Finally,  you will recall that that INEC is still operating the 2006 Electoral Act:
 
  
The recent amendments by the National Assembly (which shifted some dates to accommodate slippages by INEC) have NOT been signed into law by the President to our knowledge, and so the 2006 Act still applies.  That means that INEC has already missed TWO CRITICAL DEADLINES.
 
The first is according to Section 27:   "Not later than 60 days before GENERAL ELECTION,  supplementary voters' list shall be integrated  with the voters' register and published."  February 21, 2007 has come and gone, and NOTHING has been published for anyone to see.

 

The second is according to Section 11(1)(b) of the Act,  which states that "within 60 days after the beginning of each year, INEC must make names, addresses of all registered persons during the previous year available  to every political party."  That means that on Thursday March 1 (or at least March 2, 2007), INEC should have made available ALL names registered in 2006 to the named parties, even if the latest registration exercise  CONTINUED into 2007.
 
These two dates should NOT be confused with the one of March 31, 2007, spelt out by Section 47, which states that 14 days before Guber/SASS Elections Day  "INEC shall publish  (a) day/hours fixed for poll (b) people entitled to vote; and  (c) location of polling stations." 
 
Finally, may I invite you to look closely at this: "Full Chronological Implications of Announced Electoral Time-Table " according to Electoral Act 2006, and understand that until and unless the President SIGNS the amended Electoral Act, INEC is IN VIOLATION of MANY of the deadlines shown, and could be sued for wrongful election management.
 
Is there a method to this election madness?  Inquiring minds want to know.
 
 

 

Date   Event
   
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 
   

 

 
 
-----  END