Still on the Electoral Bill

Before the 1999 Constitution of the Federal Republic of Nigeria, there was that of 1979. Both documents sought to regulate the affairs of men in this part of the world. The preamble to the 1979 Constitution stated that much in the following manner, "To provide for a Constitution for the purpose of promoting the good government and welfare of all persons in our country on the principles of Freedom, Equality and Justice, and for the purpose of consolidating the Unity of our people: ….. Do hereby make enact and give to ourselves the following Constitution. The 1999 Constitution appears to have copied word for word the above provisions. Infact, the said 1999 Constitution went ahead to copy several other provisions of the 1979, without a practical review of the application of such provisions.

Some such copy works in the Constitution are provisions being cited by both the legislature and executive of states, in their clash of wit over the Electoral Bill. Section 4(1) vest on the National Assembly legislative powers. Subsection 2 & 3 of the section, defined the extent of powers so conferred. Infact subsection 5 goes ahead to void an inconsistent state law. Therein lies the legislative strength of government at the centre.

Section 7 covers local government. The bane for which many state governors are spoiling for war. The Section empowers government of states, to ensure the existence of local government under a legal regime; providing for establishment, structure, composition, finance and functions of councils. In effect, the Constitution empowers states to statutorily regulate council in the aforementioned areas. The schedule to the Constitution however, lends credence to the argument of the National Assembly, that it merely exercised powers duly assigned it by the Constitution. Section 4 if read together with the provisions of items 1(a) (iii) & (iv) of the concurrent legislative list of the Second Schedule the said Constitution would clearly show that the Constitution never contemplated a situation where the affairs of Local Government would be left entirely to the exclusive preserve or control of state governments.

In buttressing the argument above, reference should be made to items 11 & 12 of the current legislative list of the Second Schedule to the said Constitution. The items under reference empowers the National Assembly to make laws regulating the Electoral processes of Local Governments. To use the word of the Constitution, "The National Assembly may make laws for the Federation with respect to the registration of voters and the procedure regulating elections to a local government council."

What can be said to be "the procedure regulating elections to a local government council." Is it safe to say that procedure deals more with the conduct of voters on election days and no more; can that be expanded to cover when and how elections are to be conducted?

Whatever interpretation one adopts comes with implications. If however, one comes to the conclusion that the proper interpretation is that, the law merely provides for the conduct of voters on election days and no more, then the narrow interpretation should be afforded Section 7 which would leave one with the conclusion that at the moment, there is no law regulating tenure or conduct of elections in local government or of local government officers.

On the other hand, if one is to adopt a liberal interpretation to the said provisions, then one could conclude: and that is notwithstanding the high politicking presently going on; that the National Assembly merely seeks to fill the vacuum created by the Constitution.

One is minded that there are several schools employed for interpreting statutes, further that such schools should come handy in interpreting the present conflict of laws. One is particularly minded of the Ejusdem Generis school, to the effect that where a statute categorize items, whereupon it leaves the supposition that the category continues, the statute is expandable to cover or include all such other items falling within the category. That school is inapplicable in interpreting Sections 7, as against Section 4 and items 1 (a) (iii) & (iv), 11 & 12 of the Concurrent Legislative List of the Second Schedule to the Constitution. First, the Section fails to leave the supposition that the category of items for which the state governments are being empowered to regulate by statutes continues. Secondly, the items listed in Section 7 cannot be said to come within a specified category, for which other similar items are easily identifiable.

The underlining politics of self-protection by the National Assembly is yet another issue all together. It is unfortunate that law making has being drawn into the centre of all of that. With respect to the fore going, the power vested in the National Assembly is to make laws for the good governance of Nigeria and not the protection of personal or class ambition. Also on this, one is unable to fathom the rational of barring certain persons from contesting the next gubernatorial elections because they served truncated tenures under the military styled transitional programme. It would have made more sense if the National Assembly begin by barring members of its own group who equally were in the National Assembly in the same period before proceeding to bar other people.

Lastly on this, the Constitution is easily an example of how not to make law. The need for its thorough review, as the working document regulating the present democracy needs be restated. Unfortunately, the said Constitution provided a very elaborate procedure for its amendment.

 

 

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