A Senior Advocate of Nigeria and the lawmaker representing Ondo Central Senatorial District, Senator Adeniyi Adegbonmire (SAN), has said off-season elections will continue to be part of Nigeria’s democratic journey to make the votes of the people count.
Adegbonmire, who stated this during a media parley in Akure, the Ondo state capital, said working towards stopping off-season elections in Nigeria would deny electorates the constitutional rights of expecting leaders of their choice.
He said it might spell room in the body polity as the electorates who voted for these leaders would want them to be in office for four years as specified by the nation’s constitution.
Adegbonmire, who is also the Chairman of the Senate Committee on Agriculture Colleges and Institutions, maintained that any society where leadership is installed by any means other than holding the mandate of the people is on its way to perdition.
Adegbonmire, who doubles as the Vice Chairman, Senate Committee on Judiciary Human Rights and Legal Matters, explained that in a democracy, legitimacy is conferred through the electoral process, and it is the candidate who garners the highest number of votes in an election who wins.
The only Senior Advocate of Nigeria (SAN) in the 10th Senate explained that, based on the interpretation of Nigerian law, the National Assembly won’t pass a law to stop off-season elections in Nigeria.
He said, “It is a constitutional matter, and the Supreme Court has been clear about it. The constitution says you shall be sworn to it for a term of four years. That four-year period starts from the day you were sworn in as governor.
“The electoral act says you must have 2/3 local government majority votes, but the constitution doesn’t stipulate that. So, there is a criterion for winning elections, and there is another criterion for tenure.
“The tenure is in the constitution. Technically, it means that the man who occupied the seat before he was thrown out was not duly elected and was technically never a governor.
“However, the constitution and the electoral act recognise that while he’s still there, even if he’s removed from the tribunal, there won’t be a lacuna; he will continue to be governor until the final decision.
“But if he was never a governor, according to the law, why should someone who should have been the governor govern for only the remaining years? So, it is a constitutional matter. We will always have off-season elections.”
Speaking on the impact of election litigation on the political landscape in Nigeria, he said the off-season elections will improve democracy in Nigeria.
He said, “The other side of it is more dangerous. For instance, Mr. A is declared governor, but he rigged his way in, and then he decides.
“And that is why they’ve limited the time within which electoral matters must be concluded. Some people would have spent two years before their removal.
“Ngige spent two and a half years, Governor Olusegun Agagu spent two years, and Oyinlola spent almost four years.
“So, Mr. ‘A’ will go and rig, then Mr. ‘B’, who actually won the election, will go to court, and then Mr. ‘A’ will use his influence to ensure that the case doesn’t see the light of day or is extended.
“He would have collected salaries, emoluments, granted privileges, and the honour of the office. So, Mr. ‘B’, who actually won, will now have one and a half years to spend as governor?
“How is that equitable? It is not equitable to the man, but more importantly, it is not equitable to the people who voted. Because what you are saying is that the people they voted for are unable to deliver because he has only one and a half years. So, the only reasonable thing to say is that he will start his tenure from the day he is sworn in.”
Adegbonmire, however, advocated that “the one we need to be clear about and my position is that anyone that is removed by the court shouldn’t be recognised as having ruled that state because he was never governor.
“However, the constitution recognises his actions while in power. Because if the constitution doesn’t recognise that, it is synonymous with saying the salaries he paid workers and the contracts awarded are illegal and shouldn’t be recognised. That won’t be possible. It will be too much, and there will be total chaos.”
Adegbonmire said there was a need to bridge the time between party primaries and elections to create more time for litigation and said, “Why don’t we abridge the time between primary and elections?
“We have a committee in the Senate that is looking at that, and that’s one of the things I’ve advocated for. Abridge the time between primary and election and create more time for litigation.
“For example, if you do your primary in April, you must do your election 90 days after primary, and then you have six months for litigation because there will always be litigation. Some people will always feel aggrieved, rightly or wrongly.”
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