There is this proletariatoral anticipation, arousal and complaint towards the 14th of Failbuari, the date scheduled for Buhari to be defeated freely, fairly and squarely. The salient, logical and compelling question some, nay, most Nigerians are not asking is, 'whether or not the election scheduled to hold on the 14th of next month being the Valentine's day should hold.
Section 77(2) of the CFRN 1999 states that, “Every citizen of Nigeria, who has attained the age of eighteen years residing in Nigeria at the time of the registration of voters for purposes of election to a legislative house, shall be entitled to be registered as a voter for that election”.
So far, so good, I do not think any Nigerian is more Nigerian or eligible than the other. In fact, section 17(2) presupposes that every Nigerian is equal before the law and have equal opportunities.
It was reported [some days ago] that INEC has distributed 75% of the PVCs. How true is INEC's assertion? Are those whose PVCs are yet to be produced not Nigerians? I strongly believe that they have fulfilled the requirements set out by sections 25, 26, 27 of the Constitution Of the Federal Republic Of Nigeria, and section 12(1) of the Electoral Act. Section 26(1) of the Electoral Act states that:
“Where a date has been appointed for the holding of an election, and there is a reason to believe that election is proceeded with on that date or it is impossible to conduct the elections as a result of natural disasters or other emergencies, the commission may postpone the election and shall in respect of the area, areas concerned, appoint another, provided that such a reason for the postponement is cogent and verifiable.”
Citizens' investigation on state by state analyses of the registration cum distribution process and progress, has it that about 70% of the cards have not been collected. Even those who have registered are yet to see their PVCs. The number amounts to "millions". Automatically, this means that they cannot vote! Save that you are an advocate of total break down of law and order, but if your political ideologies are not tied to such, you will see reasons why the election date needs to be postponed.
Here is a breakdown, summarily given of registered voters, distributed PVCs and "disenfranchised" Nigerians, in that order of the six geopolitical zones:
The total number of registered voters for the North-Central is about 10, 592, 958. Total number of distributed PVCs is below 5, 539, 982. The total number of persons disenfranchised is over 5, 052, 976; for the Northeast, we have approximately 10, 447, 410 registered. A total of 7, 456, 848 PVCs have been distributed. So far, only 20% have been collected [in most states]. The total number of PVCs distributed excluding Borno is 4, 886, 499. Approximately, 2, 990, 562 Nigerians are being disenfranchised in the northeast. In the Southwest, record has it that while a total of13, 188, 854 Nigerians registered, only 6, 419, 003 PVCs have been distributed so far. The scary number of disenfranchised Nigerians is 6, 769,851. For the South-south, the figure given as total number of registered voters for Southeast is 7, 178, 185. Total PVCs distributed 3, 944, 242. The disturbing numbers of disenfranchised Nigerians is about 3, 233, 943. In the Northwest zone, about 18, 616, 499 Nigerians were registered while a total of 12, 003, 964 PVCs have so far been distributed. This means that about 6, 612, 535 Nigerians are being disenfranchised. In the North-Central, a total of 9, 486, 811 eligible Nigerians registered to vote. Only 5, 788, 053 PVCs have been distributed . This showsvthat the number of eligible Nigerians that are on the verge of being disenfranchised is 3, 698, 758.
Section of 135(3) of the 1999 constitution states that:
“If the Federation is at war in which the territory of Nigeria is physically involved and the President considers that it is not practicable to hold elections,
the National Assembly may by resolution extend the period of four years mentioned in subsection (2) of this section from time to time; but no such extension shall exceed a period of six months at any one time.”
the National Assembly may by resolution extend the period of four years mentioned in subsection (2) of this section from time to time; but no such extension shall exceed a period of six months at any one time.”
Also, Article 13(1) of the African Charter reads:
“Every citizen shall have the right to participate freely in the government of his country, either directly or through freely chosen representatives in accordance with the provisions of the law.”
This writer is informed by section 142(a)(c) that sovereignty belongs to the people of Nigeria from whom government through the Constitution derives all its powers and authority. And that the participation in their government shall be ensured in accordance with the provisions of the Grundnorm- the Constitution.
Ladies and gentlemen, the appeal for the moratorium of the forthcoming election is cogent and verifiable. It should be welcomed by every discerning and patriotic Nigerian. This is an urgent clarion call that is permissible in the eyes of the law. INEC has done this before in 2011 where it moved the election date from the 9th to the 16th of April. It can do same again, to avoid stories that touch.
Section 16(1) of the Electoral Act presuposes that INEC shall ensure that it designs a pattern in which eligible Nigerians shall not only register, but shall also have their PVCs in their hands. We do not pray that any Nigerian should be disenfranchised. The distribution of voters' cards is not synonymous with collection of PVCs. Professor Jega, being the Umpire and Manager of electoral exercise in Nigeria, is statutorily saddled with the obligation of seeing to the fact that INEC's logistics is not only effective, but to deliver.
It is sad to state that in most centres so created for the collection of PVC, the attitude of the staff (INEC's) are not only lackadaisical in nature, but completely poor in delivery. A situation where you meet only one person attending to one thousand people is not encouraging; a system where you cannot find INEC personnels who are supposed to attend to you in order for you to collect your PVC is not encouraging; a system where Nigerians are molested in a bid to exercise their constitutional right is not encouraging.
The writer strongly believes that any attempt by INEC to disenfranchise eligible Nigerians is unacceptable, illegal, unconstitutional, and MUST be challenged.
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