DAMISI OJO, Akure
The lawmaker representing Ondo Central Senatorial District, Adeniyi Adegbonmire (SAN), has said that there was need to bridge the gap between party primaries and elections proper in order create more time for litigations.
The lawmaker said already there was a committee in place looking into that issue, which he said had been upper most in his mind.
Besides, the Chairman, Senate Committee on Agricure Colleges and Institutions, said off-season elections must continue to happen in Nigeria to allow the votes of the people count.
The Senior Advocate spoke at a media parley in Akure, the Ondo State capital, stressing that any society where leadership is installed by means other than holding the mandate of the people is on the way to perdition.
The Vice Chairman, Senate Committee on Judiciary Human Rights and Legal Matter explained that, in a democracy, legitimacy is conferred through the electoral process and it is the candidate who garners the highest number of votes in an election who wins.
According to him, based on interpretation of Nigeria law, the National Assembly won’t pass a law to stop off-season elections in Nigeria.
He said: “It is a constitutional matter and the Supreme Court has been clear about it. The constitution says, you shall be sworn it for a term of four years. That four years starts from the day you were sworn-in as a governor.
“The Electoral Act says you must have two-third local governments’ majority votes but the constitution doesn’t stipulate that. So, there are criteria for winning election and there is another criterion as to tenure. The tenure is in the constitution. Technically, it means that the man that occupies the seat before he was thrown out was not duly elected and was technically, never a governor.
“However, the constitution and the Electoral Act recognizes that while he’s still, even if he’s removed at the tribunal, so there won’t be lacuna, he will continue to be governor, until the final decision.”
The lawmaker said: “But, if he was never a governor, according to the law, why should someone who should have been the governor govern for only the remaining years? So, it is a constitutional matter. For, we will always have off-season elections.”
While highlighting the impact of election litigation on the political landscape in Nigeria said off-season elections will improve democracy in Nigeria.
“The other side of it is more dangerous. For instance, Mr. A is declared governor but he rigged his way in, then he decides. And that is why they’ve limited the time which electoral matters must be concluded. Some people would have spent two years before their removal. Ngige spent two and half years, Governor Olusegun Agagu spent two years, Oyinlola spent almost four years.
“So, Mr. ‘A’ will go and rig, then Mr ‘B’ who actually won the election will go to court, then Mr. ‘A’ will use his influence to ensure that the case doesn’t see the light of the day or extended. He would have collected salaries, emoluments, granted privileges and honour of the office. So, Mr. ‘B’ who actually won will now have one and half years to spend as governor?
“How is that equitable? It is not equitable to the man but more importantly, it is not equitable to the people that voted. Because, what you are saying is that the people they voted is unable to deliver because he has only one and half years. So, the only reasonable thing is to say, he will start his tenure from the day he was sworn-in.”
Adegbonmire said anyone that is removed by the court shouldn’t be recognized as having rule that state because he was never governor.
However, the lawmaker said’ the constitution recognizes his actions while on power. Because if the constitution doesn’t recognize that, it is synonymous to saying the salaries he had paid workers, the contracts awarded are illegal and shouldn’t be recognized. That won’t be possible. It will be too much and there will be total chaos.”
According to him, there was need to bridge the time between party primaries and elections to create more time for litigation.
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