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Nairaland Forum / Nairaland / General / Politics / Election Postponement And The Position Of The Law (22389 Views)
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Election Postponement And The Position Of The Law by Nobody: 12:44pm On Feb 05, 2015 |
[size=13pt]1. Only Jega Can Postpone The Feb 14 Election[/size] Section 26(1) of the Electoral Act 2010 (amended) states that: "Where a date has been appointed for the holding of an election, and there is reason to believe that a serious breach of the peace is likely to occur if the election is proceeded with on that date or it is impossible to conduct the elections as a result of natural disasters or other emergencies, the commission may postpone the election and shall in respect of the area, or areas concerned, appoint another date for the holding of the postponed election provided that such reason for the postponement is cogent and verifiable." This section of the Electoral Act strictly empowers only the INEC boss to determine the date of States and Federal election. INEC is the only body empowered by the law to reschedule, shift or postpone the Feb 14 Presidential election. Neither the NSA, Council of State nor the President enjoys such power irrespective of their sentiment. [size=13pt]2. ...If INEC Decides To Postpone The Feb 14 Poll:[/size] Postponing and rescheduling the Feb 14 election must be in accordance to Section 132(2) of the 1999 Constitution(as amended), which posit that the Presidential election must be held not later than 30 days before the expiration of this tenure. This tenure expires May 29, hence, the election mut be held on or before April 28. However, with over 80% PVC collection rate(which may rise to 90% before the week runs out), I don't see any possibility of INEC postponing the poll. Even if they do, Attahiru Jega will still be in-charge. Jega tenure ends in June. [size=13pt]3. ...In Times of War[/size] Section 135(3) of the Constitution state and I quote: "If the Federation is at war in which the territory of Nigeria is physically involved and the President considers that it is not practicable to hold elections, the National Assembly may by resolution extend the period of four years mentioned in subsection (2) of this section from time to time; but no such extension shall exceed a period of six months at any one time." Now, some may want to hide under the Boko-haram insurgency to justify their selfish call for the Feb 14 election to be postponed after the May 29 expiry date of this tenure. For such call to be actualised, 2/3 members of the NASS must sanction it. With APC having 42 and 158 in Senate and the House of Representative respectively. There is no way officers of the ruling PDP and the President can have their way except there is a compromise from the APC camp. Hence, this option is as good as DEAD(save a compromise of APC NASS members). There is nothing NSA or National Council of State can do about this. [size=13pt]4. Option of Interim National Government:[/size] The ING is alien to our constitution and the electoral act. After the election is held, whoever is declared winner other than the President becomes the President-elect. The incumbent President Jonathan will have no choice but to handover power to on May 29. This is sacrosanct. The talk of handing power to an Interim government, whether the Army or a "coalition" government is unconstitutional and will definitely lead to constitutional crises, anarchy and breakdown of law and order(similar to what happened in Cote'd voire in 2010). In such a case, the victorious candidate could form a parallel government, which will be recognized by the international community until the illegal ING is brought down. This is the law and there is nothing any NSA or Council of State can do about it. 85 Likes 12 Shares |
Re: Election Postponement And The Position Of The Law by ArchEnemy(m): 12:44pm On Feb 05, 2015 |
Thanks for the write up Bro. So with this, I can assume that those news of change of date are rumours. And it is quite clear that they really dont ve good grounds to postpone the election. They should please just let us ve this election and move on with other things 31 Likes 1 Share |
Re: Election Postponement And The Position Of The Law by giantstrides(m): 12:51pm On Feb 05, 2015 |
Someone pls help me here, I am kinda confused, has PDP become the opposition party because I am hearing all kinds of allegation from them about collusion between INEC and APC. That seems to me to be the basic strategy of the opposition during elections, or did buhari appoint Jega as Inec's chairman...me thinks Jonathan is a goner and he knows it, there is no sense postponing the election, at least he has more time to pack all his property out of Aso rock. 56 Likes 1 Share |
Re: Election Postponement And The Position Of The Law by Nobody: 12:58pm On Feb 05, 2015 |
ArchEnemy:All rumours my brother. Forget about what one National Security Adviser or some group of protestera and political parties says, they cannot effect any change of date. The President cannot wake up from his slumber to announce election postponement, it is beyond him. If Council of State like let them all endorse election shift, it amounts to nullity. INEC does not take orders from anybody, let them blab. 17 Likes |
Re: Election Postponement And The Position Of The Law by Nobody: 1:04pm On Feb 05, 2015 |
jega jega jega how many times I call u? postponeding dis election is a thunderable offense, dnt do it my payment as a Batch A corper is at stake...can't afford to lose it....pls dnt unless u want thunder to...........u 12 Likes 1 Share |
Re: Election Postponement And The Position Of The Law by Nobody: 1:05pm On Feb 05, 2015 |
[b][size=14pt]When has the ruling PDP govt ever allowed the law to get in their way? Don't put too much hope in the law. After all if we are a law abiding nation criminals like Thief O. and IBB would be cooling thier feet in jail by now. If there are no consequences for breaking the law, you have a lawless country - the only thing left is the law of the jungle. Bottom line Nigerian youths have a decision to make in the next few days if the elections are postponed or cancelled; either keep quiet and face whatever fate befalls them or they start their revolution. The importance of this decision cannot be overstated. With imperialist France and its puppet regimes Chad and Cameroun (both Chad and Cameroun have history of territorial disputes with Nigeria) currently bombing occupying and clearing parts of the North, and with every likelyhood that the bombing would spread to other areas, it is likely that unless elections hold on the 14th Feb, it would too late to save the nation. Imperialist America through is ally France and her puppet regimes in Chad and Cameroun, have commenced the bombings which they may use to eventually break up Nigeria, under the pre-text of fighting Boko Haram on our behalf; whilst our president is pre-occupied with delaying elections and school certificates of his opponent. Perhaps this explains why CNN was recently telling false stories of Boko Haram gaining and over-running Nigerian towns If elections do not hold on the 14th Nigeria may break up. The current govt would allow it to happen , but Buhari even as President-elect would try to prevent it. Nigerians need to organise and go onto the street enmasse to send message our govt and their imperialist masters not to postpone elections and to stop bombing Nigeria. That juncture is here.[/size][/b] barcanista: 10 Likes 2 Shares |
Re: Election Postponement And The Position Of The Law by Nobody: 1:07pm On Feb 05, 2015 |
barcanista: |
Re: Election Postponement And The Position Of The Law by Nobody: 1:07pm On Feb 05, 2015 |
MY Election day Pledge! ********* I pledge to Nigeria my country. NOT To vote BUHARI and OSINBAJO , To be gentle, loyal and faithful on election day. To vote JONATHAN and SAMBO with all my strength, To protect my vote and uphold no violence and trouble. To defend Transformation.. So help me God! 12 Likes 2 Shares |
Re: Election Postponement And The Position Of The Law by Nobody: 1:08pm On Feb 05, 2015 |
giantstrides:PDP is only playing mind games by launching propaganda in all front. Don't be deceived by their antics because they are planning to rig. Forget about the noise, it's only a distraction. 5 Likes |
Re: Election Postponement And The Position Of The Law by egift(m): 1:11pm On Feb 05, 2015 |
Very good. Change is here to stay. God bless Nigeria! 1 Like |
Re: Election Postponement And The Position Of The Law by Nobody: 1:16pm On Feb 05, 2015 |
GenBuhari:My boss, except Jega decide otherwise, no party, body , institution or individual can postpone, shift or reschedule election. There are laws that are very sacrosanct, they can't try it. If they do, it will mark the begining of the fall of the government 6 Likes 2 Shares |
Re: Election Postponement And The Position Of The Law by zimoni(f): 1:16pm On Feb 05, 2015 |
bla bla bla bla whatever. The Most Important Thing Is That Jonathan Must Rule till 2019. Lobatan O Jarey. 10 Likes 2 Shares |
Re: Election Postponement And The Position Of The Law by Nobody: 1:24pm On Feb 05, 2015 |
@ Obiagelli, that is a very wise decision from the NCS. 1 Like |
Re: Election Postponement And The Position Of The Law by Nobody: 1:33pm On Feb 05, 2015 |
So you believe Professor Jega and INEC are independant do you? Dont count on it our judiciary is not even independant, if so why has INEC been allowing PDP to rig elections time after time without anulling or suspending announcement of winner until opposition complaints have been investigated? Nigeria is lawless and that is the simple truth. Never rely on the law, you have to have alternative plan to get justice. barcanista: |
Re: Election Postponement And The Position Of The Law by Nobody: 1:34pm On Feb 05, 2015 |
barcanista: I didn't say anything o, i could end up with big trouble. @ egift, please edit your post to remove my comment for security reasons 1 Like |
Re: Election Postponement And The Position Of The Law by Nobody: 1:38pm On Feb 05, 2015 |
My brother in Nigeria, anything goes. Let's hope they don't postpone the election due to some flimsy and lousy excuse/s. By the way, it's still #SaiBuhari 2 Likes |
Re: Election Postponement And The Position Of The Law by Nobody: 1:39pm On Feb 05, 2015 |
My brother, should INEC postpone it, there will be nothing anyone can do to reverse it. We need to continue to press on Jega to hold on his position. GenBuhari: |
Re: Election Postponement And The Position Of The Law by gabriel212: 1:39pm On Feb 05, 2015 |
Thanks for enlighten the group. This is what i put forward to a guy in my office blindly arguing against FEB14 election on the premise that PVC is yet distributed evenly forgetting that there are lay down principle for the postponement which is solely the responsibility of the Electoral Umpire as it may deem fit. 1 Like |
Re: Election Postponement And The Position Of The Law by Trending(m): 1:46pm On Feb 05, 2015 |
hence, the electionmake dem no try am o..dats very close to my birth day |
Re: Election Postponement And The Position Of The Law by Ifeconwaba(m): 1:46pm On Feb 05, 2015 |
ABIA WILL BE BETTER VOTE UCHE CHUTA FOR CHANGE
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Re: Election Postponement And The Position Of The Law by speaktome(m): 1:46pm On Feb 05, 2015 |
It is clear then... My signature; my business |
Re: Election Postponement And The Position Of The Law by harrysterol(m): 1:46pm On Feb 05, 2015 |
Let the election hold n get this crap over with |
Re: Election Postponement And The Position Of The Law by orinocopulse: 1:46pm On Feb 05, 2015 |
Thanks for the info Barcanista. Sure there are grounds for the postponement. But when you weigh them versus the possible negative consequences, I think it's best to just have it. INEC has had FOUR YEARS. A few more weeks won't do the trick. Besides, wasn't there a report that all PVCs are ready, of which we will NEVER have up to 90% collection even if you move the polls to December 2020!! Most Nigerians just want to get it over with! Let's do this! 1 Like |
Re: Election Postponement And The Position Of The Law by onlymase(m): 1:47pm On Feb 05, 2015 |
ehen |
Re: Election Postponement And The Position Of The Law by CaptainAmerica1: 1:47pm On Feb 05, 2015 |
FeBuhari 14th must hold. 3 Likes |
Re: Election Postponement And The Position Of The Law by obaayo2: 1:47pm On Feb 05, 2015 |
will comment when ive read it. |
Re: Election Postponement And The Position Of The Law by natureblack(m): 1:48pm On Feb 05, 2015 |
After the civil war I don't think Nigeria has been this tensed. |
Re: Election Postponement And The Position Of The Law by Nobody: 1:48pm On Feb 05, 2015 |
whether dey pospone it or not all i need is #CHANGE 2 Likes 1 Share |
Re: Election Postponement And The Position Of The Law by dandydrey(m): 1:48pm On Feb 05, 2015 |
K |
Re: Election Postponement And The Position Of The Law by Nobody: 1:48pm On Feb 05, 2015 |
Agreed APC would definitely defeat PDP in Round one. 3 Likes |
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