• Insists such power rests with commission
• Explains why it can’t review existing districts
Chuks Okocha in Abuja
A constitutional crisis might be brewing between the Senate and the Independent National Electoral Commission (INEC) over a directive to it by the upper chamber to restore two state constituencies in Delta State in what appeared to be new boundary delineations.
The Senate had last Tuesday approved the restoration of Ethiope West State Constituency (1) in Ethiope West Local Government Area of Delta State from the present Ethiope West State Constituency.
This was sequel to the adoption of a motion moved by the Deputy President of the Senate, Ovie Omo-Agege, at plenary.
The development, however, came two months after the upper chamber had approved the restoration of Abraka State Constituency in Ethiope East Local Government Area from the present Ethiope East State Constituency.
In his lead debate, Omo-Agege urged the upper legislative chamber to approve the restoration of the constituency in compliance with the declarations and orders of the Federal High Court and Section 115 of the 1999 Constitution.
Omo-Agege noted that persistent agitations by concerned leaders, electorate and stakeholders in the constituency led to legal action at the Federal High Court in Warri with Suit No: FHC/WR/CS/21/2015.
By implication, it means additional two extra seats in the Delta State House of Assembly.
However, INEC argued that it was part of its constitutional duties to delineate constituencies and that it was not ready to do so at the moment.
In an interview with THISDAY, the INEC National Commissioner in charge of Voter Education, Information and Publicity, Festus Okoye said: “As part of its cardinal duties on election management, the Commission is empowered by the Constitution of the Federal Republic of Nigeria 1999 (as amended) to create and review electoral constituencies.
“More specifically, sections 71, 73, 91, and 112 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) set out the modalities and guidelines the Commission must follow in the delineation of Federal and State Constituencies.
“More specifically, section 91 of the Constitution provides that ‘Subject to the provisions of this Constitution, a House of Assembly of a state shall consist of three or four times the number of seats, which that state has in the House of Representatives divided in a way to reflect, as far as possible nearly equal population provided that a House of Assembly of a State shall consist of not less than twenty-four and not more than forty members.
“Furthermore, section 112 of the Constitution provides that ‘Subject to the provisions of Section 91 and 113 of this Constitution, the Independent National Electoral Commission shall divide each state in the federation into such number of state constituencies as is equal to three or four times the number of federal constituencies within that state.
“The challenge the commission faces is that the review of Electoral Constituencies was carried out in 1996 by the defunct NECON wherein the existing constituencies were reduced to reflect the result of the 1990 population.
“The commission then, under the leadership of Dr. Abel Guobadia took steps at fully implementing the requirements of the Constitution when it attempted to restore the ‘suppressed’ constituencies,” Okoye explained.
He explained that INEC was only mandated to seek consent and approval of the National Assembly, when it exercises its power to review the division of every State/Federal Constituencies at interval of not less than ten years as provided for in Sections 73 and 114 of the Constitution of the Federal Republic of Nigeria (as amended).
“The commission cannot tamper with the boundaries of existing constituencies at the moment or conduct any election into any constituency unless the tenure of the present State Assemblies expired by effluxion of time.
“The consultation with the National Assembly has become imperative and urgent in view of the deluge of cases in court and the heightened agitation for the restoration of what has been termed ‘suppressed constituencies’.
“While the commission is irrevocably committed to the rule of law and due process, it is imperative that it remains within the confines and ambit of the constitution and the law in relation to the question of suppressed constituencies and the demand for creation of new constituencies.
“The commission is a public trust and its powers are regulated by the Constitution and the law and it is also enjoined to give effect to and enforce the decisions of superior courts of record,” INEC’s national commissioner said.
Okoye explained that upon the restoration of a constituency, the commission must delineate/review the registration areas consequent upon the restoration of the Constituencies.
Above notwithstanding, he said INEC was “a law-abiding institution and committed to obeying the orders and judgments of courts.
“In relation to the issue of restoration of ‘suppressed constituencies’ and the delineation of boundaries of constituencies and the conduct of elections in them, the commission believes that the cause of justice will be better served and the clear intendment of the constitution better met through a robust engagement with the leadership of the National Assembly.”
Okoye, however, said the leadership of the commission would meet with, engage with and work collaboratively with the leadership of the National Assembly towards finding an acceptable and constitutionally compliant solution to the recurring issue of ‘suppressed constituencies’ as well as the creation and review of electoral constituencies.
He maintained that INEC would work collaboratively with the National Assembly in such a way as to obey court orders and at the same time maintain the sanctity of the constitution and its clear provisions relating to the creation and review of the constitution and the question of suppressed constituencies.
