INEC legally empowered to postpone election – Lawyers

Mr Kazem Gbadamosi, former Chairman, Nigeria Bar Association,
Ibadan branch, says the Independent National Electoral Commission
has the legal backing to postpone elections.

The News Agency of Nigeria reports that INEC had on Saturday
announced the postponement of the Presidential and National
Assembly as well as Governorship and State Assembly elections
earlier slated for Feb. 16 and March 2 to Feb. 23 and March 9
respectively.

Gbadamosi in an interview with NAN in Ibadan said the electoral
Act empowered INEC to postpone elections if it envisaged that any
difficulty with materials or security that would affect the conduct
of free, fair and credible elections.

“The problem we have in Nigeria is that people read meanings
into every issue even if it was of law.

“If you take the right decision, people will say it was because
of this or that.

“Though I am yet to read the reason for the postponement of the
election by INEC, to ordinary Nigerians the reasons may not be
tenable.

“We are all aware that election materials got burnt in Anambra
State and 66 persons also killed in Kaduna State a few days to
election day,’’ Gbadamosi said.

He said if INEC suspected that there would be violence and a
breakdown of the law and order, it would in the good interest of
Nigeria not go on with the election.

Also speaking, another Ibadan based legal practitioner, Mr Adams
Oladimeji, said this was not the first time INEC would be
postponing elections in Nigeria as it happened in 2015 under
President Goodluck Jonathan’s administration.

Oladimeji said INEC had the legal backing to postpone elections
for the good of the country and it would be wrong to condemn INEC
for postponing the election.

The legal practitioner was optimistic that INEC must have some
intelligent information that could lead to loss of lives that
prompted them to postpone the election to avoid an unnecessary
crisis.

“I know very well that INEC will not postpone the election if
there are no good reasons for doing so.

“INEC is an independent body not controlled by the federal or
state governments, though some people rumour it to be so, I do not
believe it.

“The International community is watching and I am sure INEC will
not want to fail by conducting an election that will not be free
and fair,’’ Oladimeji said.

(NAN)