“The proposed national electoral commission for local govt election is an aberration” – OSSIEC Chairman

_…Says, the bill ought not to have found it place to the floor of the Senate_

By Mukhtar Ajelogbon

The proposed National Electoral Commission for Local Government Election in Nigeria has been described as an aberration and unconstitutional.

This is as a bill on the establishment of the national commission to conduct local government elections across the states of the federation passes the first reading at the floor of the Senate.

The condemnation of the bill was raised by the Chairman of the Osun State Independent Electoral Commission (OSSIEC), Ashim Abioye on Monday in Osogbo, the State capital.

Ashim who is also a lawyer, made this known while featuring on a Monthly Media Parley of the Osun Online Publishers Association on September 2nd to exclusively explain the efforts of the OSSIEC ahead of the local government elections slated to hold in February 2025 in the state

While responding to one of the questions asked by the OsunReporters News Correspondent, Ashim condemned the move by the Nigerian Senate to establish a federal electoral commission to conduct local government elections in Nigeria, noting that the bill ought not to have found it place to the floor of the Senate in the first place.

He registered his disappointment for any lawmaker to think of using a law to displace what is constituted in the constitution of the federal republic of Nigeria without first looking into the constitution amendment.

In he is words; “On the proposed national local government electoral commission to conduct local government elections in Nigeria that is laying before the national assembly, I want to tell you straight away that the bill is an abbreviation, I have no regret saying it that the bill is an aberration, it ought not to have found it place to the floor of the Senate in the first place because I don’t think anyone would ever think of using a law to displace what is constituted in the constitution.

“Infact, it is a big disappointment that such a bill even passed the first reading; it ought not to be accommodated at all. If you want to take the responsibility of conducting local government elections away from the state electoral body, go through the proper constitutional amendment, the provision of the constitution is still there. I don’t think there’s any law, as it is today that can displace the position of the constitution.

“Section 1 sub-section 3 of the 1999 constitution of the Federal Republic of Nigeria as amended is sacrosanct. It is basic that if there’s any law that’s inconsistent with any of the provisions of the constitution, that law shall to the extent inconsistent be devoid. So if you are heading towards a void act, while you will go ahead with that void act, why not take the bull by the horns, by going through proper constitutional amendment.

“I say it again that the bill cannot see the light of the day. Are you telling me that a national body would be created, would it be established when the provisions of the act have not been altered to take the responsibility of conducting local government elections away from the state electoral body? That will be an aberration of the highest order and it will not happen”.

OSSIEC Chairman, Barr Ashim Abioye at the OOPA Media Parley 

OSSIEC boss explained further that the State electoral commission under his watch is not under any pressure or intimidation to conduct the council polls in the state, adding that the date will not be changed because the election date had been fixed months before the Supreme Court judgment on local government autonomy.

“Secondly, if you are talking about conducting local government election today, some people have been saying that maybe some states have been rushing to conduct local government elections without following the supreme court decision on local government autonomy. I want to tell you that as it is today, as Osun State independent Electoral Commission is concerned, we are not under any pressure. I still say it and still maintain that we are not under any pressure.

“People have been thinking maybe we will shift the date of the election, so that we will rush it. Let me tell you as the state electoral body, let heaven fall, we are not rushing at all. If the constitution is amended today and another body to take over the responsibility in conducting the local government election, so be it, and that body will be welcome if it is in line with the provision of the constitution. But as it is today, the bill is an aberration and the move is unconstitutional,” Ashim Abioye concluded.