In the wake of the Supreme Court’s historic ruling on the financial autonomy of the 774 local government areas across the country on July 11, Nigerians from all walks of life have called on the Federal Government to ensure the State Independent Electoral Commission is abolished and the Independent Electoral Commission, henceforth conduct local council polls.
To these citizens, SIECs are appendages of state governments and their continued existence in local government elections means the third tier is not free from the manipulation and irregularities of overbearing governors.
In other words, they contend that if SIECs will still be the bodies conducting LG polls after the apex court verdict, state governments will use them to undermine any local government autonomy whether political or in terms of funding.
Understanding the Supreme Court Ruling
The Attorney General of the Federation, Lateef Fagbemi, SAN, on behalf of the Federal Government dragged the state governments to the apex court for using the funds meant for the local governments for their personal use. The court ruled that all the funds meant for the local councils should henceforth be sent directly to their purses instead of the joint accounts.
The Bill: A New Era for Local Government Elections
On Thursday, July 18, the Senate introduced a bill seeking to establish a Local Government Independent Electoral Commission.
Here are what you should know about the bill which has passed its first reading in the Senate.
Bill Title: Local Government Independent Electoral Commission (Establishment) Bill, 2024.
Sponsored by: Sani Musa (APC, Niger East).
Seeking the Creation of NILGEC
The bill seeks the establishment of the National Independent Local Government Election Commission which will be saddled with the responsibility of organising, overseeing, and conducting elections for the offices of local government chairman and councilors in all 36 states and the FCT.
Functions and Powers of NILGEC
Conduct free, fair, and transparent elections for Local Government Chairman and Councillors.
Ensure voter education and public awareness regarding the electoral process.
Prepare and maintain an accurate and up-to-date voter register.
Set and enforce electoral guidelines and regulations for Local Government elections.
Monitor and supervise all electoral activities and processes.
Recruit and train electoral officers and staff for efficient election management.
Investigate and adjudicate electoral disputes and grievances.
Structure of NILGEC
According to the bill, NILGEC shall have a chairperson and six commissioners, and they will be appointed by the president and confirmed by the Senate.
Both the chairperson and the commissioners shall serve for five years, and their tenure can be renewed once.
Independent of External Interference
The bill says NILGEC will operate independently, and no external body shall interfere or influence its operation. It will also have its budget which will be approved by the National Assembly for the sake of financial independence.
Electoral Process and Procedures
The procedures for voter registration, nomination of candidates, and the conduct of elections shall be determined by the Commission. It’s also its responsibility to provide electoral materials and logistics for the seamless conduct of
LG polls Date and Year of Election
The Commission shall publish the election schedule at least six months before the date of the election. And it shall conduct chairmanship and councilorship elections every four years.
Electoral Offences and Penalties
Electoral offences such as voter fraud, ballot stuffing, and electoral violence among others shall be determined and enforced by NILGEC.
All culprits shall be prosecuted and punished according to the law of the country.
NILGEC and Other Agencies
Like INEC, the Commission shall collaborate with governmental and non-governmental agencies to ensure the elections are free from violence and credible.
Transfer of Powers, Responsibilities
Upon the establishment of the Commission, all the powers and responsibilities of SIECs which conduct LG polls will be stripped and transferred to NILGEC.
Mixed Reactions
The bill which seeks the replacement of SIECs with NILGEC instead of INEC has generated mixed reactions among Nigerians. While some believe it’s necessary for the creation of another electoral commission, others argue that it will amount to the waste of scarce resources.
Analysts’ Insights
Dr. Aisha Jummai, a Public Affairs analyst, notes, “The creation of NILGEC addresses the need for a more autonomous and credible electoral process at the local level.” However, she cautions, “Its success depends on the commission’s ability to maintain independence and resist political pressure.”
Other analysts however disagree as they contend Nigerians cannot afford to have another agency whose responsibilities have been captured by another established government body. They say if the economic reforms embarked upon by the government will bear the right fruits, then such an idea should be jettisoned.
When Will the Bill Commence?
For the bill to be operational, the National Assembly must pass it and be assented to by President Bola Tinubu.
