Lagos - A human rights lawyer, Femi Falana on Sunday said the Independent National Electoral Commission (INEC) is not constitutional constituted to conduct the Kogi and Bayelsa States governorship elections, reports NewsDay
Falana, a Senior Advocate of Nigeria, explained that the commission as presently constituted lacks the power to fix dates for these elections and conduct them.
He noted that the commission lacked power under the 1999 Constitution to take decision on the Bayelsa and Kogi States governorship elections with two national commissioners.
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He stated that INEC required a minimum of five national commissioners to form a quorum to take decision.
He added that should the elections go ahead as scheduled, they could be declared illegal by the court.
He cited the decision of a Federal High Court in the case involving the defunct Action Congress of Nigeria (ACN) and INEC to buttress his claims.
The court had declared the composition of the INEC illegal and unconstitutional on the grounds that the four national commissioners who were in office at the material time could not take any valid decision as the quorum of the INEC should not be less than five national commissioners at any point in time.
INEC had fixed the dates for the Kogi and Bayelsa gubernatorial elections for November 21 and December 5 respectively.
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- News 24