NASS approves independent candidacy for elections
In a major departure from the extant electoral law which stipulates
that candidates for elections must be sponsored by political parties,
the National Assembly Wednesday made provision for independent
candidates in future elections.
To that effect, Section 177 of the constitution has been altered with
the insertion of a new paragraph (d), which reads, “He is a member of
a political party and is sponsored by that party or he is an independent
candidate” in the fourth amendment to the 1999 Constitution.
The National Assembly has equally empowered the Independent
National Electoral Commission (INEC) to deregister political parties
that fail to win at least one election in the three tiers of government.
“In an amendment of section 225, by inserting section 225A, INEC can
deregister political parties if there is a breach of any of the
requirements for registration and if such political parties fail to win
presidential, governorship or at least one state, chairmanship of at
least one local government/area council or a seat in the national or
state assembly election.”
The new constitution also stipulates the timeline within which every
pre-election matter shall be filed – not later than seven days from the
date of the occurrence of the event, decision or action complained of
in the suit.
“Besides, a court in every pre-election matter shall deliver its judgment
in writing within 180 days from the date of filing of the suit while an
appeal from a decision in a pre-election matter shall be filed within 14
days from the date of delivery of the judgment appealed against; and
an appeal from a decision of a court in a pre-election matter shall be
heard and disposed of within 60 days from the date of filing of the
appeal.”
In Section 67, a new sub-section “67(1),” which states that a sitting
President shall attend a joint meeting of the National Assembly once a
year to deliver an address in respect of the state of the nation, was
added.
The new constitution also stipulates that the President may attend any
joint meeting of the National Assembly, either to deliver an address on
national affairs, including fiscal measures, or to make such statement
on the policy of government as he considers of national importance.”
In another major departure from the present, the office of the Attorney
General of the Federation has been separated from the Justice
Minister. Similarly, the office of the Accountant General of the
Federation has been separated from that of the Accountant General of
the Federal Government.
The latter shall be appointed by the President on the recommendation
of the National Economic Council, subject to confirmation by the
Senate, and shall be responsible for the administration and
disbursement of allocations from the Federation Account to the tiers
of government. Both offices have a four-year non-renewable tenure.
However, the Office of the Accountant General of the Federation shall
be funded from the Federation Account pursuant to an Act of the
National Assembly.
In his presentation, Ekweremadu noted that this would be the last time
any sitting President would have to sign the constitution, as Section 9
has been amended to ensure that after such amendments have been
assented to by two thirds of the states Houses of Assembly and the
two chambers of the National Assembly, such amendments become
law.
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