From Fred Itua, Abuja
The Senate has initiated moves to further break the stranglehold of state governors on local government councils in the country, barely one week after the Supreme Court declared that it was unconstitutional for funds earmarked for the third tier of government to be jointly managed by state governments.
In the latest attempt, the Senate has introduced a constitution amendment bill to create Local Government Independent Electoral Commission Establishment Bill, to conduct elections into the 774 local government councils in the country.
The Bill, sponsored by Senator Mohammed Sani Musa, the National Independent Local Government Electoral Commission (NILGEC) will be responsible for conducting elections to the office of the local government chairmen and councillors, and any other matter thereof to do with local government as a third tier of government.
Listing the functions, Musa said: “To conduct free, fair, and transparent elections for local government chairmen and councillors.
“To prepare and maintain an accurate and up-to-date voter register.
“To ensure voter education and public awareness regarding the electoral process.
“To set and enforce electoral guidelines and regulations for local government elections.
“To recruit and train electoral officers and staff for efficient election management.
“To monitor and supervise all electoral activities and processes.
“To investigate and adjudicate electoral disputes and grievances.”
Listing the composition of NILGEC, he said: “NILGEC shall consist of a chairperson and six commissioners, appointed by the President and confirmed by the Senate.
“The chairperson and commissioners shall serve for a term of five years, renewable once.
“NILGEC shall operate independently, free from external influence and interference.
“The Commission shall have its own budget, approved by the National Assembly, to ensure financial independence.
“NILGEC shall develop and implement procedures for voter registration, candidate nomination, and the conduct of elections.
“NILGEC shall ensure the provision of necessary electoral materials and logistics for the smooth conduct of elections.
“NILGEC shall announce the election schedule at least six months before the date of the election.
“Elections for the offices of local government chairmen and councillors shall be conducted every four years.
“NILGEC shall define and enforce penalties for electoral offences, including but not limited to voter fraud, ballot stuffing, and electoral violence.
“Offenders shall be prosecuted and punished in accordance with the laws of the land.
“NILGEC shall collaborate with other relevant government agencies, security forces, and civil society organisations to ensure a secure and credible electoral process.
“Upon the establishment of NILGEC, all powers and functions related to the conduct of local government elections previously vested in any other body or authority shall be transferred to NILGEC.”
Daily Sun gathered that the move has received the backing of President Bola Tinubu, who is leading a total independence for local governments in Nigeria.
It was further learnt that the Senate, vis-à-vis the House of Representatives leadership, will lobby critical stakeholders, especially State Assemblies, which are expected to give a concurrence before President Tinubu signs it into law.
Section 197 of the 1999 Constitution, which provides for the establishment to conduct elections to local government councils, is expected to be amended and expunged from the constitution.
The chairman and the members of the State Electoral Commissions are appointed by the governor of the state, subject to confirmation by the State House of Assembly (Section 198 of the 1999 Constitution).
The primary function of the State Commissions, as outlined in the Constitution, is to organise, undertake, and supervise elections to local government councils within the state and advise the INEC on the compilation of the register of voters concerning local government elections in the state.
Members of State Electoral Commissions can only be removed by the governor of the state. However, the Governor can only do so if supported by a two-third majority of the State House of Assembly.
The removal process is reserved for situations where a member is unable to perform his or her duties properly due to reasons like health issues or misconduct.
Section 199(1) of the 1999 Constitution provides that members of the Commission shall hold office for five years from the date of their appointment.
The Supreme Court, had last week, affirmed the financial autonomy of Nigeria’s 774 local governments. In the unanimous judgement of its seven-member panel, the Supreme Court unanimously upheld the suit brought by the Federal Government to strengthen the independence of local governments in the country.
Justice Emmanuel Agim, who delivered the court’s lead judgement, held that the local governments across the country should, from last week Thursday, receive their allocations directly from the Accountant-General of the Federation.