The Constitution - Volume 5, Issue 4, 2005
Volume 5, Issue 4, 2005
Author Mojeed Olujinmi A. AlabiSource: The Constitution 5, pp 1 –22 (2005)More Less
This article examines both the legal and constitutional validity of the various actions pertaining to the emergency rule in Plateau State, Nigeria. The article argues that the presidential constitutions of Nigeria, namely 1979 and 1999, lay down procedures for the exercise of legislative and executive powers. Furthermore, the article underlines the procedures which were clearly exploited by the President in the declaration of a state of emergency in Plateau State. Relying on constitutional instruments and case law, the article argues that the President has powers to declare a state of emergency but the constitution does not give the President unqualified discretion as there are procedures to be followed in the exercise of those powers. While calling for bold judicial review that would give primacy to due process, the article concludes by noting that no where in the constitution is the President of Nigeria granted powers to remove elected officers from office. Thus, by declaring a state of emergency, he acted against the letter and spirit of the constitution.
The Independent National Electoral Commission (INEC) and election management in Nigeria: the April 2003 general elections in perspective:Author A.O. OkohSource: The Constitution 5, pp 23 –48 (2005)More Less
This article examines the practicalisation of the statutory responsibilities of the Independent National Electoral Commission (iNEC) in the conduct of a free and fair elections with the April 2003 general elections in focus. It contends with the various problems encountered by INEC, a constitutional creation and the electoral ombudsman to all Federal and State elections. Some of the problems were party registration, voter registration, the Electoral Act 2001, and fees for screening of candidates as well as non-release of funds to it by the federal government. The article argues that these problems and the spate of violence which preceded the elections created doubts in the minds of many Nigerians as to the capability and preparedness of INEC towards the conducts of a Fee and fair elections. Given these difficulties and inadequate time to train its ad-hoc staff, it was near miracle that INEC performed creditably well The article concludes by recommending amendments to INEC structures and procedures as well as attitudinal change on the part of Nigerians.