The House of Representatives has initiated a bill to strip State Independent Electoral Commissions of the power to conduct local government elections.
The proposed legislation passed its first reading last Thursday.
The bill, titled “A Bill for an Act to amend the Electoral Act, 2022 to vest INEC with the power to conduct Local Government Council Elections and for Related Matters,” is spearheaded by Ikenga Ugochinyere, representing the Ideato North/Ideato South Federal Constituency in Imo State, along with 24 co-sponsors.
This legislative move aims to amend Section 98 (1) of the Electoral Act, replacing it with a new sub-section that would empower INEC to oversee local government polls.
Section 98 (1), Part VI (Procedure for Election to Area Council) of the Electoral Act currently states: “The conduct of elections into the offices of Chairman, Vice Chairman, and a member of an Area Council and the recall of a member of an Area Council shall be under the direction and supervision of the commission (INEC) in accordance with the provisions of this Act.”
The new sub-section, cited as the Electoral Act (Amendment) Bill 2024, reads: “The conduct of elections into the offices of Chairman, Vice Chairman, and a member of an Area Council and the recall of a member of an Area Council shall be conducted solely by the commission in accordance with the provisions of this Act.”
According to the explanatory memorandum, the bill “seeks to amend the Electoral Act 2022 to vest the Independent National Electoral Commission (INEC) with the power to conduct Local Government Area Council elections for all the Local Government Areas across the country.”
Prominent groups and eminent Nigerians, including federal lawmakers, have been vocal in their demand for INEC to take over the conduct of council elections, citing the influence and control of state governors over local governments.
INEC has consistently reiterated its readiness to assume the responsibility of conducting local government elections if the National Assembly amends the relevant laws governing the country’s electoral processes.
During an appearance before a joint committee of the Senate and House of Representatives on Electoral Matters in July 2024, INEC Chairman, Prof. Mahmood Yakubu, stated, “The same Constitution that created INEC also created the State’s Electoral Commissions. So, it is up to the National Assembly to amend the law to transfer that responsibility to INEC.
“If the responsibility for the conduct of local government elections is transferred to INEC, can INEC cope with it? The answer is yes! INEC can cope. What are we? By definition, INEC is the Independent National Electoral Commission, but right now, we handle only national and state elections—not local government elections.
“A national electoral commission may be expected to handle only the presidential and National Assembly elections, but we also oversee gubernatorial elections, state Assembly elections, and the Area Councils elections in the Federal Capital Territory, the only part of the country where INEC currently conducts local government elections.
“Broadly speaking, if you ask us if we can handle local government elections, yes, we can. When will this happen? When you amend the law and empower the commission to do so,
” Yakubu said.
