The Independent National Electoral Commission (INEC) has
kicked against the proposed use of the national identification number (NIN) as
a requirement for voter registration in Nigeria.
TheCable reports that the move is not backed by law and it does not share its powers to register voters with any other government agency.
The federal government had announced last week that NIN is
compulsory for most government transactions, including opening of bank
accounts, payment of taxes and voter registration.
Isa Pantami, minister of communications and digital economy,
who announced this when he hosted the Association of Telecommunications
Companies of Nigeria, had claimed the policy is backed by law.
According to him, section 27 of the National Identity Management Commission (NIMC) Act criminalises benefitting from government services as a citizen without NIN.
“This is most important in the area of NIN, which is a mandatory
number, based on the NIMC order of 2007 that has actively been neglected for
years, ” he had said.
“There’s no identity that will define you as a citizen more
than that number. It is mandatory. And it is mandatory for transactions such as
opening bank accounts, paying tax, voter registration and many more.”
This minister’s comments unsettled many Nigerians who feared
the move might disenfranchise millions of Nigerians who are yet to obtain their
NIN.
INEC KICKS, SAYS MOVE ILLEGAL AND WOULD AMOUNT TO TAKING OVER ITS DUTIES
In an interview with TheCable on Monday, Festus Okoye, INEC
national commissioner and chairman of its information and voters education,
said such a policy is not recognised by the country’s electoral laws including
the 1999 constitution and the Electoral Act.
He said the commission “does not share its voters
registration constitutional powers with any other organ or agency of
government… and no organ of government is permitted to expand or constrict the
powers of the commission relating to the registration of voters”.
“No organ of government or agency can impose additional
registration criteria other than the ones set out in the law. No section of the
constitution or the Electoral Act makes the possession of national identity
number compulsory for voters’ registration,” Okoye said
“The commission will not accede to any request or directive
that will amount to the violation of the constitution and the law. The
commission is a creation of the constitution and the law and must at all times
maintain fidelity to the laws of the land.
“The constitution and the Electoral Act did not make the
possession of a particular form of identification compulsory. The commission is
not empowered to impose additional registration conditions other than those
imposed by the constitution and the Electoral Act.”
NIN ACT VS ELECTORAL LAWS
True to Pantami’s argument, section 27 of the NIMC Act of
2007 makes it compulsory for any Nigerian to have their NIN before they are
registered to vote.
According to the section, “as from the date specified in
that regard in regulations made by the Commission, the National Identification
Number issued to a registered individual must be presented for the following
transactions, that is- (a) application for, and issuance of a passport; (b)
opening of individual or personal bank accounts … (j) payment of taxes; (k)
such relevant Government services; and (l) any other transaction which the
Commission (NIMC) may so prescribe and list in the Federal Government Gazette.”
However, neither the Electoral Act of 2010 and the 1999
constitution makes any document compulsory for voter registration. The
Electoral Act instead gives prospective voters options any of which they can
choose to adopt.
Section 10 (2) of the Electoral Act states: “Each applicant for registration under the continuous registration system shall appear in person at the registration venue with ANY of the following documents, namely—
(a) birth or baptismal certificate; (b) national passport,
identity card or driver’s licence; or (c) any other document that will prove
the identity, age and nationality of the applicant.”
On the other hand, the constitution which is above any other
law in the country, lists the attainment of 18 years of age and residence in
Nigeria as the only requirement for citizens to register to cast their vote in
elections.
Section 77(2) states: “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.”
Therefore, unless the 1999 constitution is amended to
accommodate the provision of the NIMC Act of 2007, the legality of the
government’s plan to make NIN compulsory for voter registration will remain
subject to debate.
Advertise on NigerianEye.com to reach thousands of our daily users
No comments
Post a Comment
Kindly drop a comment below.
(Comments are moderated. Clean comments will be approved immediately)
Advert Enquires - Reach out to us at NigerianEye@gmail.com