Posted by Mobolaji E. Aluko, PhD on
The order (presidential last) and grouping (state, national) are commendable and are as recommended earlier by this writer, particularly in respect to avoiding any band-wagon effects an early presidential election might engender.
Mobolaji E. Aluko, PhD
Burtonsville , MD, USA
August 30, 2006
On August 29, 2006 INEC finally announced the key dates towards Nigeria's crucial 2007 elections as follows:
- October 7, 2006 for beginning of voter (re-)registration;
- April 14, 2007 for Gubernatorial and State Assemblies Elections;
- April 21, 2007 for Presidential and National Assembly Elections
The order (presidential last) and grouping (state, national) are commendable and are as recommended earlier by this writer, particularly in respect to avoiding any band-wagon effects an early presidential election might engender. However, bearing in mind the window of dates March 30 to April 29 that INEC had to work with, the announced dates were the second worst (after April 28/29) that INEC could have chosen.
Why does one write so?
First, INEC still exhibited a wedding to use of Saturdays as election days, rather than week-days, which could have made it possible to run the elections much earlier.
Secondly, by making the presidential election as late as April 21, even if the results of any election are announced as fast as within a week (say by April 28), then the Electoral law legally allows petitioners 30 days after such an announcement to file a petition - which would be a day before the hand-over date of May 29 !
In fact, the issue becomes more complicated in the events of run-offs, which theoretically can be as many as two, each to be conducted within 7 days AFTER the announcement of the earlier one. If the April 21 presidential election is announced (fast) on April 28, and a run-off is necessary, it must be done by May 5. If that first run-off is run on May 5 and the result is reported by May 12, and if another run-off is necessary, then that must be conducted by May 19. Results would then have to be announced on May 26 - three days to hand-over date of May 29!
Furthermore, the Constitution allows the results of EACH of these elections to be petitioned against within 30 days - which means that under the best of circumstances, the petition for the May 26 election (if there is to be a second run-off) can be held-off until June 26 - AFTER the president might have been installed on May 29. [See Table 1]
The upshot of these criticisms is that one would have preferred the Gubernatorial and Presidential Elections to be held on April 3 and Wednesday April 4, 2007 respectively as recommended earlier, which, working back on the dates, would have given at least 10 days for Tribunals to hear all the petitions, including at least for Run-Off #1, which is more probable than Run-Off #2. [See Table 2.]
Consequently, unless the principle of "Sleeping on your Rights" is invoked - which would make the filing of petitions AFTER a remedy has been worked out moot - we may have a crisis on our hands come next year.
In any case, if these dates are not changed, we are now left to watch VERY CLOSELY each of the deadlines AUTOMATICALLY created by the announcements put forward by INEC. These deadlines are set forth in Table 3, where a clear distinction should be made (as implied in the Electoral Act 2006) between "General Election" date (which is April 21, the first date of two elections), and each of the election dates (April 14 for Gubernatorial/State Assembly) and April 21 for Presidential/National Assembly, each of which triggers a different set of deadlines.
But we shall see, and in the time being, let us pray.
BIBLIOGRAPHY
http://www.nigerianmuse.com/important_documents/Electoral_Act_2006_Harmonized.doc
Nigeria's Electoral Act 2006
http://www.nigerianmuse.com/essays/?u=MWE_Interrogating_Harmonized_Electoral_Act_2006.htm
MID-WEEK ESSAY: Interrogating the New Harmonized Electoral Act 2006 - and Some Recommendations
[Mobolaji E. Aluko, June 14, 2006 ]
http://www.nigerianmuse.com/essays/?u=SM_Update_on_Recommended_dates_2007_Elections.htm
SUNDAY MUSINGS: Update on Recommended Dates for 2007 Elections
[Mobolaji E. Aluko; June 11, 2006 ]
http://www.nigerianmuse.com/essays/?u=MWE_Recommending_Dates_ballot_system_for_2007_elections.htm
MID-WEEK ESSAY: Recommending Dates and Ballot System for the 2007 Nigerian Elections [Mobolaji E. Aluko, May 31, 2006]
TABLE 1: CONSEQUENCE OF PRESENT INEC ANNOUNCEMENT
April 14 - Gubernatorial Elections
April 21 - Presidential Election
{April 28 - "Fast Track" Announcement of Results of Presidential & Gubernatorial Elections
May 5- Run-Off Elections #1
May 12 - "Fast Track" Announcement of results of Run-Off Elections #1
May 19 - Run-Off Elections #2
May 26 - "Fast Track" Announcement of results of Run-Off Elections #2
May 28 Last day to file Petition Against Presidential Election Results}
May 29 - Hand-Over Date
{June 12 - Last day to file Petition Against Run-Off # 1
June 26 - Last day to file Petition Against Run-Off # 2
TABLE 2: PREFERRED INEC ANNOUCEMENTS
April 3 - Gubernatorial Elections (Monday)
April 4 - Presidential Elections (Tuesday)
April 7 - Announcement of results of Presidential/Gubernatorial Elections (Saturday)
April 14 - Run-Off #1 (May not be necessary, but quite possible)
April 21 - Announcement of results of Run-Off # 1
April 28 - Run Off # 2 (May not be necessary; quite improbable)
May 5 - Announcement of results of Run-off # 2
May 7 - Last day to file Petition Against Presidential/Gubernatorial Elections
May 14 - Last day to file Petition Against Run-Off # 1
May 15-25 - Tribunals hear all Petitions
May 29 - Hand-Over Date
June 5 - Last day to file Petition Against Run-Off # 2
Table 3: Full Chronological Implications of Announced Electoral Time-Table
Date | Event |
|
|
2006 |
|
|
|
Wednesday May 31 | Electoral Law 2006 [Harmonized] passed by National Assembly |
|
|
Tuesday June 6 | Assent by President Obasanjo |
|
|
Tuesday, August 29 | INEC announces Voter Registration & Election Dates {ie October 7, 2006 for begin of voter registration; April 14, 2007 for Guber/SASS Elections; April 21, 2007 for Prez/NASS Elections} |
|
|
Thursday August 31 | Deadline for INEC to submit Budget for activities for following Year 2007 [Section 6(1) of Electoral Act 2006 (EA2006)] |
|
|
Thursday, October 7 | Voter (Re-)Registration to Begin |
|
|
Saturday, October 14 | 6 months days before GENERAL ELECTION GE (ie April 14, 2007): 1. Political parties intending to be registered must submit their applications not later than six months before GE [Section 78(1)] 1. Political parties intending to merge must give six months notice to INEC before GE [Section 84(2)] |
|
|
Thursday, November 16 | 150 days before Guber/SASS Elections Day: 1. Not later than 150 days before this election day, INEC must publish date of election and where nomination papers are to be delivered [Section 31(1)] |
Thursday, November 23 | 150 days before Prez/NASS Elections Day: 1. Not later than 150 days before this election day, INEC must publish date of election and where nomination papers are to be delivered [Section 31(1)] |
|
|
Friday, December 15 | 120 days before Guber/SASS Election Day 1. Registration of voters that will vote not later than 120 days before this election day [Section 10(5)]…..but registration must continue [since it is continuous; Section 10(1)] 2. Party must submit list of candidates to INEC not later than 120 days before Guber/SASS Election Day [Section 32(1)] 3. INEC must publish particulars within 7 days after receipt . [Section 32(3)] |
Friday, December 22 | 120 days before Prez/SASS Election Day 1. Registration of voters that will vote not later than 120 days before this election day [Section 10(5)]…..but registration must continue [since it is continuous; Section 10(1)] 2. Party must submit list of candidates to INEC not later than 120 days before this election day [Section 32(1)] 3. INEC must publish particulars within 7 days after receipt . [Section 32(3)] |
|
|
2007 |
|
|
|
Sunday, January 14 | 90 days before Guber/SASS Elections Day: 1. Parties to submit audited account [Section 89(1)] 2. Public campaign by parties can begin; to last only 90 days and end 24 hours to poll opening [Section 101(a)] |
Sunday, January 21 | 90 days before Prez/NASS Elections Day: 1. Parties to submit audited account [Section 89(1)] 2. Public campaign by parties can begin; to last only 90 days and end 24 hours to poll opening [Section 101(a)] |
|
|
Sunday, February 4 | 70 days before Guber/SASS Elections Day: 1. Candidate can withdraw his candidature [Section 36(1)] |
Sunday, February 11 | 70 days before Prez/NASS Elections Day: 1. Candidate can withdraw his candidature [Section 36(1)] |
|
|
Wednesday, February 21 | 60 days before GENERAL ELECTION: 1. Not later than 60 days before GENERAL ELECTION, supplementary voters' list shall be integrated with the voters' register and published [Section 21]
|
|
|
Wednesday, February 21 | 1. Parties can signify intent to change its candidate not later than 60 days before Guber/SASS [Section 34(1)] 2. Party can change a withdrawn candidate not later than 60 days before Guber/SASS [Section 36(2)] |
Wednesday, February 28 | 1. Parties can signify intent to change its candidate not later than 60 days before Prez/NASS [Section 34(1)] 2. Party can change a withdrawn candidate not later than 60 days before Prez/NASS [Section 36(2)] |
|
|
Thursday, March 1 | Within 60 days after each year:
1. INEC must make names, addresses of all registered persons during 2006 available to every political party [Section 11(1)(b)] |
|
|
Thursday March 15 | 30 days before Guber/SASS Elections Day
1. INEC to publish by display full names of all candidates standing nominated [Section 35] 2. No duplicate voter's card issued on polling day or within 30 days of Guber/SASS Elections Day [Section 19(3)] |
Thursday March 22 | 30 days before Prez/NASS Elections Day
1. INEC to publish by display full names of all candidates standing nominated [Section 35] 2. No duplicate voter's card issued on polling day or within 30 days of Prez/NASS Elections Day [Section 19(3)] |
|
|
Saturday, March 31 | 14 days before Guber/SASS Elections Day
1. INEC shall publish (a) day/hours fixed for poll (b) people entitled to vote; and (c) location of polling stations. [See Section 47] 2. Election tribunals shall be set up not later than 14 days before Guber/SASS Elections Day [Section 140(3)] |
Saturday, April 7 | 14 days before Prez/NASS Elections Day
1. INEC shall publish (a) day/hours fixed for poll (b) people entitled to vote; and (c) location of polling stations. [See Section 47] 2. Election tribunals shall be set up not later than 14 days before Prez/NASS Elections Day [Section 140(3)] |
|
|
Tuesday March 27 | 7 days before PED:
1. Each political party to submit names and addresses of its polling agents [Section 46(1)] |
|
|
Friday, March 30 | 60 days before H-OD
1. Presidential elections cannot be held earlier than this date (by 1999 Constitution) |
Friday, April 13 | Guber/SASS Public campaign ends on this day |
Saturday, April 14 | Gubernatorial/State Assembly Election Day |
???????????? | Gubernatorial/State Assembly Results Announced when? Date of announcement uncertain |
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|
|
|
Friday, April 20 | Prez/NASS Public campaign ends on this day |
Saturday, April 21 | Prez/NASS Election Day |
???????????? | Prez/NASS Results Announced when? Date of announcement uncertain |
|
|
???????????? | Guber/SASS Election petitions to be filed by this date {within 30 days of results declaration [Section 141]} |
???????????? | Prez/NASS Election petition to be filed by this date {within 30 days of results declaration [Section 141]} |
|
|
???????????? | Run-off # 1: 7 days after Prez/Guber Results are announced Date of announcement uncertain |
| Election petition against Run-off #1 can be filed within 30 days for results declaration [Section 141] |
|
|
???????????? | Run-off # 2: within 14 days after Prez/Guber Run-off # 1 announced Date of announcement uncertain |
| Election petition can be filed within 30 days for results declaration of Run-off # 2 [Section 141] |
|
|
Sunday, April 29 | 30 days before Handover-Date
1. Presidential elections cannot be held later than this date (by 1999 Constitution) |
|
|
Tuesday, May 29 | Hand-Over Date (HOD) to New Administration |
|
|
GUARDIAN
Elections for president, govs hold April 21, 2007
Noting that the future beckons on the citizens, Obasanjo said "The new Nigerian train of peace, unity, progress, love, harmony and development is moving on steadily. We call on those that still believe in bad-belle politics, and in the politics of manipulation, election rigging, violence, intimidation, ethnic and religious diversions, and political opportunism to abandon their old ways and join us in our new train of peace, partnership, progress and prosperity."