Abuja Federal High Court has exempted five governors from April election

Abuja Federal High Court has exempted five ruling party governors from facing re-election in April, as their terms have not yet expired. Judge Adamu Bello said the governors, who took up their posts a year after most of their colleagues, could not participate in the election "until 60 days to the expiration of (their four year) tenures."

Bello added that it would be "unlawful" and "illegal" for the Independent National Electoral Commission (INEC) to stage elections in Kogi, Adamawa, Sokoto, Bayelsa and Cross River states.

Speaking about his decision, Bello noted: “There is nowhere in the world where a constitution takes retroactive effect as erroneously held by INEC. The said amendment cannot be used to determine the tenure of the governors who took oath of office in 2008…INEC cannot validly conduct elections in the five states until 60 days to the expiration of the tenures of the present occupants. The notice of elections, received nominations, and timetable issued by INEC for the April 2011 elections are unlawful, illegal and contrary to section 180 of the constitution.”

The five governors who went to court to prevent the INEC from forcing them to take part in the elections before they had completed their full terms are: Ibrahim Idris of Kogi state; Timipriye Sylva, Bayelsa state; Liyel Imoke, Cross River state; Murtala Nyako, Adamawa state and Aliyu Wammakko of Sokoto state.

Sources: The Washington Post, My Joy Online, Reuters

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Jonathan appears to be resisting moves by rival factions

President Goodluck Jonathan appears to be resisting moves by rival factions in the ruling Peoples Democratic Party (PDP) to get him make him to intervene in the current crises in the party over the list of candidates. There have reportedly been moves by rival candidates in Ogun, Oyo, Enugu and Abia states to get Jonathan's support. Currently, there is uncertainty about the candidates that the PDP will present in the four states because there are court orders and counter-orders on the party's lists.

In addition, many of the affected candidates are uncertain about their political future because will be difficult, if not impossible for them to content the election under the umbrella of an alternative party after Monday 14th February. That is the deadline for the political parties to withdraw or substitute their candidates for the forthcoming elections in April.

The Independent National Electoral Commission (INEC) had published the names of all the prospective candidates in the April 2011 general elections. In most of the States there have been few surprises but, in these four States where the primaries were contentious, there were a few candidates who failed to win the status of being “ INEC-approved ” candidates for the general election.

In Ogun State, where the PDP primaries were particularly contentious and led to the two separate factions. One was allegedly spearheaded by former President Olusegun Obasanjo in cahoots with the Minister of Commerce and Industry Jubril Martins-Kuye, while the other was led by outgoing Governor Gbenga Daniel. The two conducting separate primaries which came up with two different sets ofcandidates. However the Obasanjo faction recorded a major coup by beating Daniel's faction to the punch and getting its own list approved and published by INEC .

A notable casualty from the latter's unsuccessful faction is the Speaker of the House of Representatives , Dimeji Bankole, who had suddenly defected from the Obasanjo faction to the Gbenga Daniel faction. This was surprising because of the well documented hostility between Bankole and Daniel. Unfortunately for Bankole, his gamble failed to pay off because the INEC rejected the list produced by the Gbenga Daniel faction. The governor also lost out because he had won the senatorial ticket in the PDP primaries organised by his faction.

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© 2011 Menas Associates

Nigeria: Tensions emerge between Senate and election commission

A storm appears to be brewing between Chairman of the Independent National Electoral Commission (INEC) Prof Attahiru Jega and the Nigerian Senate. The main point of contention is a comment credited to Jega that appeared to insinuate that the National Assembly was frustrating the Commission's plans to secure a delay in the election timetable.

According to a local daily, Jega stated that if the National Assembly delayed a decision on the approval of the election's timelines extension beyond November, it would negatively affect its plan for the registration of voters and the 2011 elections.

A number of Senators at a plenary sitting on Tuesday 12th October took umbrage at Jega's comments, saying they amounted to “blackmail to rubbish the image of the Senate.” The Senate leadership issued a statement that it was unfortunate for Jega to make such comments about the National Assembly given that the legislature had cut short its recess for the sole purpose of approving INEC's N87.7 billion budget.

Some Senators have stated that they had foreseen a situation in which the National Assembly would be unfairly blamed for the failure of the Commission to properly discharge its duties. Consequently, the Senate has directed its Ethics, Public Petitions and INEC Committees to investigate the comments.

Senate spokesperson Senator Ayogu Eze , addressing the media, also pointed out that the National Assembly was “apprehensive” about INEC's preparedness to conduct the 2011 elections even following any approval of its time extension request. The Senate's concern arises from indications that INEC had not yet ordered the Direct Data Capture (DDC) machines, a crucial component of the Voters' Registration process.

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© 2010 Menas Associates

Jonathan picks Jega for Inec

President Goodluck Jonathan has finally chosen a new chair for the Independent National Electoral Commission (INEC). Attahiru Jega, the vice-chancellor of the Bayero University of Kano (BUK), was named INEC chair on 8 June 2010.

The Senate, which resumed plenary on 22 June after a two-week recess, screened Jega in a gruelling four-hour session and ratified the president's selection.

Jega is described as a radical activist, owing to his six-year stint as president of the Academic Staff Union of Universities (ASUU). Jega made ASUU the vibrant union that it is now, well known for its uncompromising stance when negotiating with the government, which has resulted in countless face-offs and strikes that have crippled the tertiary education system.

Jega served as ASUU president from 1988 to 1994 and is said to have fought several valiant battles against the administration of then military president General Ibrahim Badamosi Babangida for increased salaries for lecturers and improved funding for universities. He had a two-week stint in jail as a result of his unionism and activism.

Associates of Jega have described him as the best person for the job of INEC chair because he is principled, fair, and firm and will not tolerate corruption or other underhand practices in the conduct of elections. Jega was a member of the Justice Mohammed Lawal Uwais Electoral Reform Committee and is expected to bring the experience garnered in that committee to bear in the execution of his new duties.

The consensus is that the task before Jega is almost Herculean. A lot is expected of him, especially with all the cries for electoral reform and free and fair elections. The Goodluck Jonathan-led administration has promised that it will do all within its power to ensure that the 2011 elections (at least) are free and fair.

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© 2010 Menas Associates