Decision on Electronic Transmission of Results Unconstitutional, Says Former INEC Director

Former Director of Voter Education of the Independent National Electoral Commission (INEC), Mr. Oluwole Osaze Uzzi, yesterday described the decision of the Senate to deny the Independent National Electoral Commission (INEC) the power to transmit results of elections electronically as unconstitutional.

Speaking on an Arise TV programme, Uzzi described the lawmakers’ action as sinister, and unconstitutional, saying the position of the Senate on the issue of transmission of results was capable of whittling down the power of INEC.

“INEC is a constitutional body established by Section 153 of the constitution. The NationalAssembly is equally established by the same constitution. It’s the same instrument that establishes the National Assembly that establishes INEC. The constitution that gave power to the National Assembly is the same that gave power to INEC. You do not take yours and trying to take the power given to INEC.

“The power to superintend and conduct and supervise elections rests with INEC on Section 78 of the 1999 Constitution as amended and it is very clear on that point, and you are subjecting this power to the power not known to the constitution, a statutory body; in that sense, an inferior body. In the hierarchy, of course, the constitution is superior, and to amend the power of INEC, you will have to go back to conduct amendment of the constitution,” he said.

Saying there was more to the Senate decision to give NIigerian Communications Commission (NCC) and the National Assembly the power to determine the use of electronic transmission of election results, Uzzi said, “They want to tamper with the power donated to INEC by the constitution.