The Independent National
Electoral Commission (INEC) says it does not need the approval of the Nigerian
Communications Commission (NCC) to transmit election results electronically.
During a clause-by-clause
consideration of section 52 (3) of the electoral act amendment bill, regarding
the electronic transmission of results, the senate had asked the commission to
seek the approval of the NCC before going on to transmit results
electronically.
It had said the NCC must certify
that national coverage is adequate and secure, while the national assembly must
grant approval before INEC can transmit election results electronically.
But speaking on Tuesday at the
commission’s third quarterly meeting with media executives, Okechukwu Ibeanu, a
national commissioner and chairman, electoral operations and logistics
committee (EOLC), said the national assembly’s decision to subject its
constitutional power to conduct elections to the NCC was absolutely
unconstitutional.
Ibeanu said instead of seeking
NCC’s approval, the commission has the constitutional mandate to impose duties
on NCC in order to achieve the electronic transmission of results.
“That is absolutely
unconstitutional. You cannot ask INEC to seek the approval of another agency of
government to transmit results electronically when actually INEC has the power
to impose duties on NCC to achieve electronic transmission of results,” he said.
“I completely agree that in the
context of underscoring the independence of the commission, section 160 of the
constitution has done everything it needs to do. What is left is for INEC to
use the power it has under the constitution to achieve its aim.”
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