ArchEnemy:
Thanks for the right 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

barcanista:
[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.

barcanista:
Cc: Seun, Obinoscopy, Ngwakwe, Ishilove, Lalasticala

Bcc: Omenka jmaine Phuckphuckman Stebell Caseless egift Obiagelli etal...

giantstrides:
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.

GenBuhari:
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, the only thing left is the law of the jungle.

Bottom line Nigerian youths has 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.

That juncture is fast approaching.

barcanista:
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

barcanista:
@ Obiagelli, that is a very wise decision from the NCS.

GenBuhari:
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 it 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.

hence, the election
mut be held on or before April 28.