Maxwell Okpara, a lawyer and current affairs analyst, has given his legal view on how the Independent National Electoral Commission (INEC) should conduct elections and which provisions the electoral umpire should obey, news.ng reports.
Speaking on the controversies surrounding the guidelines stipulated in the constitution, provisions made by the National Assembly, and the guidelines of INEC, Okpara, in an interview on Arise Television on Sunday afternoon, stated that the constitution should guide actions to be taken.
He added that the Electoral Act enacted by the National Assembly cannot contravene the rules of the electoral umpire.
He said, “The act of the National Assembly cannot contravene the rules of the INEC, which cannot contravene that of act of the National Assembly.
“INEC has power under the constitution to make a rule, make a direction on how the election should be conducted. But it must fall in line with the act, that particular act. If your rules contravene the act, had it been that the constitution said that, yes, seven days, and the act said 120 days, and the act now said seven days, you, INEC chairman, is expected to follow that of the constitution.”
Okpara noted that while the Constitution of the Federal Republic of Nigeria made provisions for the conduct of elections, it is left to the leadership of INEC to set a time frame in line with the Act.
“Because that of the act contravenes the constitution. But the constitution did not make any time frame. The constitution gave you the power to make a rule, and you’re expected to make the rules in line with the act. I think we should understand this thing. You should make it in line with the act,” he stated.
Citing an example of the tenure of the INEC chairman, Okpara said that the tenure cannot be extended beyond the stipulated number of years.
He added, “Let me just give you an instance. The act now said, I take four years, and subject to renewal, I’m talking about the appointment of the chairman.
“Can you now make a rule to say that it is going to be 30 years? If the rules say that you are going to do this, the act say that you are going to do this, you are going to change the act with your own rules. It can’t stand. It is a non-entity, an abuse of power.”
Watch the clip
