Opinion
INEC And Election Reordering Bill
The National Assembly bill seeking to reorder the sequence of elections which intriguingly hit the brick wall remains a pandemonium. President Muhammadu Buhari recently withheld his assent over purported conflicts and interference in the administrative duties of the Independent National Electoral Commission (INEC).
Statutorily, powers to make laws for the federation are vested in the National Assembly; nonetheless, the powers are relative and not absolute. Some argue that if the legislature has powers to make laws, it can also amend the laws. No doubt, this is factual but also largely systematic.
It is trite that acts of a parliament have a red line. Thus, the reordering bill if vetoed will prima facie become laws, though defective. However, the position may likely be altered by a judge’s gavel on account of independence of the electoral body as provided in Section 158 of the 1999 Constitution of the Federal Republic of Nigeria, as amended.
Generally, democracy is a game of numbers and the same principle guides legislative tasks. Nonetheless, the benchmark of quality in lawmaking is the repugnancy test. For example, a bill albeit endorsed by majority as required, may in the end not see a green light if convincingly repugnant to social justice, equity and good conscience, as the ultimate lawmaker is the court.
Hypothetically, a barbaric law seeking to eliminate newly born-twins as in the olden days though may have been successfully passed and vetoed with two-thirds majority, will inevitably be knocked out by the court. It is, therefore, imperative to underline that legislative matters go beyond numbers but alongside prudence, realism and good reasoning.
By the controversial bill, it implies that where a particular election is postponed over critical unpredictable circumstances or annulled for a repeat over fundamental flaws by the court, all other elections will be annulled since elections must hold as ordered. What a blunder!
The second element is the object or purpose of a bill. A bill that is deficient in goals and objectives is good-for-nothing. It is insufficient to hit the gavel over numerical strength in support of a bill. Emphatically, bills must be devoid of conflicts with existing laws. Where such occurs, even if overwhelmingly endorsed alongside all ECOWAS parliaments, the court will notwithstanding, inevitably set it aside. Primarily, a bill seeking for amendments must show clearly the mischiefs it intends to remedy.
Incidentally, the contentious reordering of elections lacked any clear objectives. Above all, it is conventionally the administrative duties of the electoral umpire to plan and conduct elections globally. The Constitution generally guides INEC on the salient issues vis-à-vis time of elections in Sections 132, 76, 178 and 116 for President, National Assembly, governors and House of Assembly respectively.
The powers vested in the National Population Commission (NPC), a comparable body, to make appointments in Section 158(2) commonsensically extends to INEC by rules of ejusdem generis, that is; same classification in the preceding subsection. Literarily, appointments include schedules and arrangements of events.
As a matter of fact, even if INEC elects to review the draft-timetable over and over, perhaps to schedule National Assembly election as the last in sequence, it is absolutely within its powers and no institution can query it. Electoral umpires are strictly independent and any attempts to interfere in its affairs will be ultra vires.
INEC has unfettered powers to present any timetables approved by the commission apart from complying with the above cited necessary minimum period prior to elections, as no harm is done to any candidate or political party on who contests first, middle or last. Certainly, the court cannot allocate its precious times to aimlessly sit over who contests first or last.
The National Assembly (NASS), for example, by act of parliament, established federal universities whilst National Universities Commission (NUC) accredits academic programmes and provides course-contents and guidelines. However, neither NASS nor NUC has powers to produce examination timetables for students but university’s management. This is how administrative laws played out.
Similarly, the act of parliament only provides the legal framework for the establishment of INEC and its structures but not to delve into its administrative or managerial duties. Under public law, there are acts of the parliament and administrative laws by way of delegated legislation.
The lawmakers demagogically and incautiously reordered the election of the President to be the last in sequence but retained National Assembly’s as the first; strategically designed to utilize the party’s machinery to win their elections first. Unfortunately, the powers to register political parties alongside voters, plan and conduct elections are exclusive duties of electoral umpires all over the world.
In summary, the legislature provides a broader framework of the law with necessary objectives and directions, whilst the technical details are left to the executive to fill in. This is also referred to as subordinate legislation. A legislature that will encroach into duties of an executive body is unconsciously displaying incompetence and superciliousness.
The essential review that INEC should keenly undertake irrespective of financial implications is to conduct elective positions distinctively rather than merge elections to enable the electorate liberally decide and vote accordingly.
Commendably, the lawmakers, this time, acted astutely and displayed maturity by firstly opting to deliberate extensively on the reasons adduced for rejecting the bill rather than hurriedly invoking actions to veto the President as attempted earlier. It’s also important that the lawmakers should always embark on researches and possibly consult professionals in specific fields prior to sensitive actions to reduce numbers of defective bills suggestive of recklessness and unskillfulness. Legislative tasks always require holistic considerations beyond mere political bullying.
Again, over the years, lawmakers mistake the oversight functions as active duties and thereby abuse it. Oversight function is a supervisory right to interfere for explanations or examinations over activities in other sections and not to take over their administrative duties.
Umegboro, a public affairs analyst, wrote in from Abuja
Carl Umegboro
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Restoring Order, Delivering Good Governance
The political atmosphere in Rivers State has been anything but calm in 2025. Yet, a rare moment of unity was witnessed on Saturday, June 28, when Governor Siminalayi Fubara and Minister of the Federal Capital Territory, Chief Nyesom Wike, appeared side by side at the funeral of Elder Temple Omezurike Onuoha, Wike’s late uncle. What could have passed for a routine condolence visit evolved into a significant political statement—a symbolic show of reconciliation in a state bruised by deep political strife.
The funeral, attended by dignitaries from across the nation, was more than a moment of shared grief. It became the public reflection of a private peace accord reached earlier at the Presidential Villa in Abuja. There, President Bola Ahmed Tinubu brought together Governor Fubara, Minister Wike, the suspended Speaker of the Rivers State House of Assembly, Martin Amaewhule, and other lawmakers to chart a new path forward.
For Rivers people, that truce is a beacon of hope. But they are not content with photo opportunities and promises. What they demand now is the immediate lifting of the state of emergency declared in March 2025, and the unconditional reinstatement of Governor Fubara, Deputy Governor Dr. Ngozi Odu, and all suspended lawmakers. They insist on the restoration of their democratic mandate.
President Tinubu’s decision to suspend the entire structure of Rivers State’s elected leadership and appoint a sole administrator was a drastic response to a deepening political crisis. While it may have prevented a complete breakdown in governance, it also robbed the people of their voice. That silence must now end.
The administrator, retired naval chief Ibok-Ette Ibas, has managed a caretaker role. But Rivers State cannot thrive under unelected stewardship. Democracy must return—not partially, not symbolically, but fully. President Tinubu has to ensure that the people’s will, expressed through the ballot, is restored in word and deed.
Governor Fubara, who will complete his six-month suspension by September, was elected to serve the people of Rivers, not to be sidelined by political intrigues. His return should not be ceremonial. It should come with the full powers and authority vested in him by the constitution and the mandate of Rivers citizens.
The people’s frustration is understandable. At the heart of the political crisis was a power tussle between loyalists of Fubara and those of Wike. Institutions, particularly the State House of Assembly, became battlegrounds. Attempts were made to impeach Fubara. The situation deteriorated into a full-blown crisis, and governance was nearly brought to its knees.
But the tide must now turn. With the Senate’s approval of a record ?1.485 trillion budget for Rivers State for 2025, a new opportunity has emerged. This budget is not just a fiscal document—it is a blueprint for transformation, allocating ?1.077 trillion for capital projects alone. Yet, without the governor’s reinstatement, its execution remains in doubt.
It is Governor Fubara, and only him, who possesses the people’s mandate to execute this ambitious budget. It is time for him to return to duty with vigor, responsibility, and a renewed sense of urgency. The people expect delivery—on roads, hospitals, schools, and job creation.
Rivers civil servants, recovering from neglect and under appreciation, should also continue to be a top priority. Fubara should continue to ensure timely payment of salaries, address pension issues, and create a more effective, motivated public workforce. This is how governance becomes real in people’s lives.
The “Rivers First” mantra with which Fubara campaigned is now being tested. That slogan should become policy. It must inform every appointment, every contract, every budget decision, and every reform. It must reflect the needs and aspirations of the ordinary Rivers person—not political patrons or vested interests.
Beyond infrastructure and administration, political healing is essential. Governor Fubara and Minister Wike must go beyond temporary peace. They should actively unite their camps and followers to form one strong political family. The future of Rivers cannot be built on division.
Political appointments, both at the Federal and State levels, must reflect a spirit of fairness, tolerance, and inclusivity. The days of political vendettas and exclusive lists must end. Every ethnic group, every gender, and every generation must feel included in the new Rivers project.
Rivers is too diverse to be governed by one faction. Lasting peace can only be built on concessions, maturity, and equity. The people are watching to see if the peace deal will lead to deeper understanding or simply paper over cracks in an already fragile political arrangement.
Wike, now a national figure as Minister of the FCT, has a responsibility to rise above the local fray and support the development of Rivers State. His influence should bring federal attention and investment to the state, not political interference or division.
Likewise, Fubara should lead with restraint, humility, and a focus on service delivery. His return should not be marked by revenge or political purges but by inclusive leadership that welcomes even former adversaries into the process of rebuilding the state.
“The people are no longer interested in power struggles. They want light in their streets, drugs in their hospitals, teachers in their classrooms, and jobs for their children. The politics of ego and entitlement have to give way to governance with purpose.
The appearance of both leaders at the funeral was a glimpse of what unity could look like. That moment should now evolve into a movement-one that prioritizes Rivers State over every personal ambition. Let it be the beginning of true reconciliation and progress.
As September draws near, the Federal government should act decisively to end the state of emergency and reinstate all suspended officials. Rivers State must return to constitutional order and normal democratic processes. This is the minimum requirement of good governance.
The crisis in Rivers has dragged on for too long. The truce is a step forward, but much more is needed. Reinstating Governor Fubara, implementing the ?1.485 trillion budget, and uniting political factions are now the urgent tasks ahead. Rivers people have suffered enough. It is time to restore leadership, rebuild trust, and finally put Rivers first.
By: Amieyeofori Ibim
Amieyeofori Ibim is former Editor of The Tide Newspapers, political analyst and public affairs commentator
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