Musing On 45 Days Notice Period For Local Government Elections In Anambra

Just like every election in Nigeria presents, the Saturday, September 28, 2024 date announced by the Anambra State Independent Electoral Commission, ANSIEC for the conduct of local government election in the state has become a subject of controversy. The controversy stems from the questions on the legality, propriety and tenability of the 45 days notice for the election.

Apart from the concerns on the shortness of the notice for the election, there is a question on the consistency of the amendment made to the Anambra Electoral Law 2024, which slashed the notice period for local government elections from 60 days to just 30 days, with the 1999 constitution. This has not only pitted the ruling All Progressives Grand Alliance (APGA) against the opposition parties in the state, it has also caught the attention and concern of some political analysts. Their concern is on the possible impact of such hasty move to conduct the local government election on preparations for the election by all the stakeholders. They also have concerns on possible litigations that the slash of the notice period for local government elections could trigger.

While the ruling party, APGA sees nothing wrong with it, the opposition parties and some concerned citizens saw the 45 days’ notice for the election as short of fair. To them, the short notice was politically motivated to exploit the opposition. This view was captured by the House of Representatives member representing Ogbaru Federal Constituency of Anambra, Afam Ogene, who expressed dissatisfaction over what he called a “hasty” amendment of the Anambra State Electoral Law by the Anambra State House of Assembly. According to Ogene, the move was a promotion of undemocratic tactics, aimed at frustrating and politically ambushing opposition parties in the state.

However, while their concerns are germane, let’s put their argument that the election date fell short of the stipulated 60 days enshrined in the constitution for the election to be held after the announcement, into perspective. Other than the 1999 constitution, it is the electoral Act, 2022 Electoral Act (as amended) that deals with heavily with the modus operandi for conduct of elections. Factually, the 1999 constitution is silent on the minimum timeframe requirement for issuance of notice for the conduct of local government election. The 1999 constitution is only explicit on the timeframe for the conduct of national Assembly, Governorship election, state Assembly and presidential elections, stating that election to such offices should not be held on a date not earlier than 60 days and not later than thirty days before the expiration of the term of office of the last holder of that office. See sections 76 (1) and (20); 116 (1) and (2); 132 (1) and (2) and 178 (1) and (2).

Where the issue lies in the fact that the amendment made by the Anambra state House of Assembly, which slashed the notice period for local government elections from 60 days to just 30 days is apparently in a clash with a certain provision of the 1999 constitution and could be leveraged to question the validity of the local government election being planned by the ANSIEC. While the state House of Assembly is conferred with the power to make laws for the organization of local government election through SIEC or organize and undertake all elections to local Government councils, it does not operate in isolation, and those laws are not expected to be inconsistent with the provisions of the 1999 constitution. Section 4(5) of the 1999 constitution is clear on this. It states: “If any Law enacted by the House of Assembly of a State is inconsistent with any law validly made by the National Assembly, the law made by the National Assembly shall prevail, and that other Law shall, to the extent of the inconsistency, be void. The conduct of elections in Nigeria is generally governed by the electoral Act 2022 enacted by the national Assembly and any other electoral laws made by states are expected to fall in line. In the Electoral Act 2022, the timeline required for publishing Notice of Election was increased from 90 days to 360 days. Clause 28(1) of the Act mandates INEC to issue a Notice of Election not later than 360 days before the day appointed for an election. Section 94 (1) of the Electoral Act 2022 also provides for 150 days of public campaign period by political parties participating in an election. These provisions are lacking in the Anambra state’s preparation for the conduct of local government election. Since certain provisions of the ANSIEC amendment law are in contrast with the Electoral Act 2022 enacted by the National Assembly, can the local government election ANSIEC is about to conduct stand the test of legal prodings?

Though one could argue that Clause 28(1) of the Electoral Act 2022 references INEC and not SIEC, the basic question remains if the state electoral body operates under different constitution. Moreover, the legislative powers to make electoral laws to govern the local governments are vested in the Federal and State governments.

This therefore calls on the ANSIEC to take a critical look at the steps it has taken so far and ensure that they are not in violation of any known law, which could question the validity of the election the commission is about conducting.

Franklin Ebuka Okonkwo writes from Awka