Constitution review: Senate empowers INEC to de-register parties

Ezrel Tabiowo

The Senate has empowered the Independent National Electoral Commission (INEC) to de-register political parties for non-fulfilment of the provisions of the constitution and Acts of the National Assembly.
This decision was duly given the nod during yesterday’s voting on the new proposed amendments to the 1999 Constitution with the insertion and passage of a new Section 225A.
The new section provides that INEC shall have the power to de-register political parties on any of the following grounds: i. Breach of any of the requirements for registration, and ii: Failure to win presidential, governorship, and chairmanship of a local government/area council or seat in the National Assembly.

During voting, the Senate also passed a new section which altered Section 109 of the 1999 Constitution by inserting new sub-section 109(4) which mandates the clerk of the House of Assembly of a state to notify INEC when there is vacancy in the House of Assembly due to death, resignation or recall.
The new sub-section reads: “The clerk of the House of Assembly of a state shall notify the Independent National Electoral Commission in writing within seven days of the existence of a vacancy arising from death, resignation or vacation of seat of a member of the House of Assembly under Sections 109 and 110.”
Also passed was Clause 4, an alteration of Section 134 of the Principal Act, that seeks to extend the time for conducting re-run election from seven to 21 days.

The upper chamber also passed Clause 7 of the proposed amendment, one which confers exclusive jurisdiction on the Federal High Court for violation of the Electoral and Election-related Acts of the National Assembly.
On the membership of the Council of State as contained in the Third Schedule of the 1999 Constitution, the new Clause 8, which was also passed, included the President of the Senate and all former presidents of the Senate; the Speaker of the House of Representatives and all former speakers of the House of Representatives on persons comprising the Council of State.