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…Says INEC Must Obey The Constitution

image

The House of Representatives on Wednesday asked the federal
government to direct the Independent National Electoral Commission
(INEC) to immediately comply with the provisions of the 1999
constitution as amended by creating additional Federal
Constituencies in the country.

image

This followed a motion of urgent public importance sponsored by
Hon. Ndudi Elumelu (PDP, Delta) accusing the INEC of failing to
comply with the provisions of the constitution which provided for a
review of existing federal constituencies after every 10 years.

The House also asked the Commission to consider creating new
constituencies in areas where more than two local governments
currently constitute a federal constituency in the spirit of fair
and equal representation as envisaged by the constitution.

According to the House resolution, “INEC should take into
consideration Aniocha/Oshimili federal constituency in Delta state
which has 4 Local government areas and one of the largest federal
constituencies in both population and land mass in the entire
Nation by splitting it into Aniocha north/Aniocha south federal
constituency and Oshimili north/Oshimili south federal constituency
and Iseyin/Kajola/Iwajowa/Itesiwaju in Oyo state with 4 local
government areas into Iseyin/Kajola federal constituency and
Iwajowa/Itesiwaju federal constituency.”

Justifying reasons for the motion, Elumelu who is also the
Minority Leader of the House said section 71(b) of the 1999
constitution as amended empowers the Independent National Electoral
Commission (INEC) to divide the federation into three hundred and
sixty federal constituencies for the purpose of elections into the
House of Representatives, while section 73(1) expressly directed
INEC to review the division of states of the federation into
federal constituencies at intervals of not less than 10 years.

He said the law allowed the commission to alter the
constituencies in accordance with the provisions of the law to such
extent as it may consider desirable in the light of the review.

He said further that section 49 provides that the House of
Representatives shall consist of 360 members representing 360
constituency of nearly equal population as far as possible,
provided that no constituency shall fall within more than one
state.

According to him, since the commencement of the 4th republic,
INEC has failed to comply with the provisions of the constitution
thereby depriving citizens of bloated federal constituencies’
adequate attention.

He argued that even though the constitution provides a 10yr time
frame for constituency reviews, INEC has not done any known review
in the last 22yrs of the current democratic dispensation, hence the
urgent need to call on INEC to be alive to her
responsibilities.

Elumelu House maintained that “the reality on ground today
whereby some federal constituencies are twice the size of others in
both size and population is at variance with the letters and
dictates of the 1999 constitution. This is so, because INEC has
failed to live up to its responsibilities, hence the need to
urgently rectify this abnormally for the sake of equitable
representation.

“To guarantee effective, quality and adequate representation in
the House of Representatives, INEC should without delay delimit the
constituencies and carve out new federal constituencies especially
in constituencies covering four local government areas.

“The continuous failure for INEC to live up to its
responsibilities in reviewing the division of states into federal
constituencies does not only portray INEC in a bad light, but the
entire government institution including the National Assembly for
also failing to call her to order and invoking adequate sanctions
where necessary hence the need for this motion.

Responding to questions, Elumelu said “will you say because of
education is expensive, you will not educate your children? What
you do is to find out the cost first. They should find out the cost
and then come to us.

“The law says they should review. They can review it downward
based on information available to them or they can review it
upward. What we are saying is that they have not complied with the
provisions of the constitution. We want them to comply with it,
after which, they can come back to us.

“When that law was made putting the number of federal
constituencies at 360, Nigerian population was not up to 200
million. Today, we are over 200 million people and the constitution
says there should be equal representation.

“There are places where it is one local government to a federal
constituency. In some places, there are two federal constituencies
in one local government. But in some other place, you have three or
more local government. That is not fair and equal
representation.”

Reacting to an earlier claim by the INEC Chairman that the
Commission can only create more constituencies after the National
Assembly has done its own part and amend the constitution, Elumelu
said “it is a constitutional matter. INEC has to do its part and
then approach the National Assembly.

“It is only when they have done what the constitution asked them
to do that they can now approach the constitution review committee.
But the constitution review committee cannot initiate that on its
own because the constitution says it is INEC that has to do that
and not the National Assembly.”

…Says INEC Must Obey The Constitution

image

The House of Representatives on Wednesday asked the federal
government to direct the Independent National Electoral Commission
(INEC) to immediately comply with the provisions of the 1999
constitution as amended by creating additional Federal
Constituencies in the country.

image

This followed a motion of urgent public importance sponsored by
Hon. Ndudi Elumelu (PDP, Delta) accusing the INEC of failing to
comply with the provisions of the constitution which provided for a
review of existing federal constituencies after every 10 years.

The House also asked the Commission to consider creating new
constituencies in areas where more than two local governments
currently constitute a federal constituency in the spirit of fair
and equal representation as envisaged by the constitution.

According to the House resolution, “INEC should take into
consideration Aniocha/Oshimili federal constituency in Delta state
which has 4 Local government areas and one of the largest federal
constituencies in both population and land mass in the entire
Nation by splitting it into Aniocha north/Aniocha south federal
constituency and Oshimili north/Oshimili south federal constituency
and Iseyin/Kajola/Iwajowa/Itesiwaju in Oyo state with 4 local
government areas into Iseyin/Kajola federal constituency and
Iwajowa/Itesiwaju federal constituency.”

Justifying reasons for the motion, Elumelu who is also the
Minority Leader of the House said section 71(b) of the 1999
constitution as amended empowers the Independent National Electoral
Commission (INEC) to divide the federation into three hundred and
sixty federal constituencies for the purpose of elections into the
House of Representatives, while section 73(1) expressly directed
INEC to review the division of states of the federation into
federal constituencies at intervals of not less than 10 years.

He said the law allowed the commission to alter the
constituencies in accordance with the provisions of the law to such
extent as it may consider desirable in the light of the review.

He said further that section 49 provides that the House of
Representatives shall consist of 360 members representing 360
constituency of nearly equal population as far as possible,
provided that no constituency shall fall within more than one
state.

According to him, since the commencement of the 4th republic,
INEC has failed to comply with the provisions of the constitution
thereby depriving citizens of bloated federal constituencies’
adequate attention.

He argued that even though the constitution provides a 10yr time
frame for constituency reviews, INEC has not done any known review
in the last 22yrs of the current democratic dispensation, hence the
urgent need to call on INEC to be alive to her
responsibilities.

Elumelu House maintained that “the reality on ground today
whereby some federal constituencies are twice the size of others in
both size and population is at variance with the letters and
dictates of the 1999 constitution. This is so, because INEC has
failed to live up to its responsibilities, hence the need to
urgently rectify this abnormally for the sake of equitable
representation.

“To guarantee effective, quality and adequate representation in
the House of Representatives, INEC should without delay delimit the
constituencies and carve out new federal constituencies especially
in constituencies covering four local government areas.

“The continuous failure for INEC to live up to its
responsibilities in reviewing the division of states into federal
constituencies does not only portray INEC in a bad light, but the
entire government institution including the National Assembly for
also failing to call her to order and invoking adequate sanctions
where necessary hence the need for this motion.

Responding to questions, Elumelu said “will you say because of
education is expensive, you will not educate your children? What
you do is to find out the cost first. They should find out the cost
and then come to us.

“The law says they should review. They can review it downward
based on information available to them or they can review it
upward. What we are saying is that they have not complied with the
provisions of the constitution. We want them to comply with it,
after which, they can come back to us.

“When that law was made putting the number of federal
constituencies at 360, Nigerian population was not up to 200
million. Today, we are over 200 million people and the constitution
says there should be equal representation.

“There are places where it is one local government to a federal
constituency. In some places, there are two federal constituencies
in one local government. But in some other place, you have three or
more local government. That is not fair and equal
representation.”

Reacting to an earlier claim by the INEC Chairman that the
Commission can only create more constituencies after the National
Assembly has done its own part and amend the constitution, Elumelu
said “it is a constitutional matter. INEC has to do its part and
then approach the National Assembly.

“It is only when they have done what the constitution asked them
to do that they can now approach the constitution review committee.
But the constitution review committee cannot initiate that on its
own because the constitution says it is INEC that has to do that
and not the National Assembly.”

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