New Electoral Act orders fresh election where candidate who wins is unqualified

Election petition tribunals and courts in the country will have to order for a fresh election into any elective office where the candidate who is declared winner was not qualified to contest the election or the election is marred by irregularities and non-compliance with the provisions of the law.

This is according to the newly passed Electoral Act 2010 amendment bill.

Both Senate and House of Representatives have yesterday approved the report of the conference committee which harmonized areas of differences in the bills passed by the two chambers.

Amendment to section 140 subsection 2 of the extant law that was passed by the MPs reads: “Where an election tribunal or court nullifies an election on the ground that the person who obtained the highest votes at the election was not qualified to contest the election, or that the election was marred by substantial irregularities or non-compliance with the provisions of this Act, the election tribunal or court shall not declare the person with the second highest votes or any other person as elected, but shall order a fresh election.”

The provisions in the old law read: “Where an election tribunal or court nullifies an election on the ground that the person who obtained the highest votes at the election was not qualified to contest the election, the election tribunal or court shall not declare the person with the second highest votes as elected, but shall order a fresh election.”

This means that candidates who are not qualified to contest election but contest and win can still participate in the re-run election even as the courts can use the new clause to refuse to declare the person who scored the second highest votes cast at the election winner.

The newly introduced clause is already taken care of in subsection 3 of the existing law which reads thus: “If the tribunal or the court determines that a candidate who was returned as elected was not validly elected on the ground that he did not score the majority of valid votes cast at the election, the election tribunal or the court, as the case may be, shall declare as elected the candidate who scored the highest number of valid votes cast at the election and satisfied the requirements of the Constitution and this Act.”

The amended bill is expected to be transmitted to President Goodluck Jonathan for his assent.

Comments

Post a Comment

Popular posts from this blog

WHO IS ALH (DR) UMARU KWAIRANGA (SARKIN FULANIN GOMBE)

Image
Yakubu Ahmed Bangu Wrote: FOR THE BENEFIT OF THOSE WHO DONT KNOW ALH. DR UMARU KWAIRANGA (SARKIN FULANIN GOMBE). WHO IS DR UMARU KWAIRANGA?  DR. Umaru Kwairanga is the son of LATE Alh Mohammadu Kwairanga (former Sarkin Fulanin Gombe).LATE ALH MUHAMMADU KWAIRANGA  was visionary leader, a civil servant, technocrat and traditional title holder in the Gombe Emirate council.  DR UMARU KWAIRANGA  (the present Sarkin Fulanin Gombe) holds a Bsc (Hons} Buss. Admin form university of maiduguri, Msc finance and Governance from liverpool john moores university united kingdom and a Honourable Doctorate DEGREE from igbinedion university.  DR UMARU KWAIRANGA has professional certificates attached to his name which are as follows: 1. Fellow chartered institute of stockbrokers {CIS} 2. Fellow institute of Directors {FID} 3. Certified pension institute of Nigeria {CPIN} 4.Commodity brokers ASS .OF NIGERIA DR UMARU KWAIRANGA  attended many courses in finance related discipline both within  a
Read more

Tarihin Shaikh Aminu Ibrahim Daurawa

TARIHIN SHEIK AMINU DAURAWA KANO :-Sunana Aminu Ibrahim bin Muhammad bin Bilal. Mahaifina shahararren malami ne, wanda ake kira Sheikh Ibrahim Muhammad mai tafsiri, gidan Zakara-Mai- Neman-Suna Fagge. Yana gabatar da tafisiri duk ranar Litinin da Alhamis, a unguwar Fagge, kusa da tsohuwar tashar kuka. Tsawon shekaru arba’in, kuma yana karantar da ilimi a zauren gidansa, bayan kasuwanci da sana’ar dinki, domin dogaro da kai. Sunan mahaifiyata Hajiya Sa’adatu Al- Mustapha, daga unguwar Bachirawa, karamar hukumar Ungogo. An haife ni a ranar 1 ga wata Janairu shekara ta 1969, a cikin garin Kano, a gida mai lamba 32 unguwar kofar Mazugal, a karamar hukumar Dala. Na fara karatun Alqur’ani mai girma tun ina dan karami, kuma na haddace shi a lokacin ina da shekara 14 zuwa 15. Bayan firamare da sakandare, da na yi, na kuma ci gaba da neman ilimi, domin fadada karatun addini, a wajen wadansu manyan mashahuran malamai na Kano: Wasu na Alqur’ani da tafsir, wasu na Alqur’ani zalla, wasu
Read more

WAYE SARKIN FULANIN GOMBE

Image
Fassaran Rubutun Yakubu Bangu Ahmed: GA WADANDA BASUSAN WAYE ALH (DR) UMARU KWAIRANGA (SARKIN FULANIN GOMBE). WAYE ALH (DR) UMARU KWAIRANGA? Alh (Dr). Umaru Kwairanga 'Dane ga Marigayi Alh Mohammadu Kwairanga wand shine (Sarkin Fulanin GOMBE) na farko bayan rasuwarsane danshi wato Alh (Dr) Umaru Kwairanga ya gaji Sarautar (Sarkin Fulanin Gombe) daga wajenshi Marigayi ALH MUHAMMADU KWAIRANGA shine Mahaifin Alh (Dr) Umaru Kwairanga kuma yakasance Jagora nagari Adali kuma Kwararren Ma'aikacin Gwamnati, kuma Mai Sarautar Gargajiya a karkashin Masarautar Jihar Gombe, Alh Dr. UMARU KWAIRANGA Sarkin Fulanin Gombe ya kammala karatun shaidar Digirinsa na farko kan bangaren gudanar da harkokin Kasuwanci wato (Bsc in Business Admin) daga Jamiar Maiduguri, yayi karatun gaba da Digiri akan harkar Kudi da Gudanar da Kudade wato Masters Msc in (Finance and Governance) a Jamiar Liverpool mai suna John Moores University a Kasar United Kingdom daga bisani Jamiar Igbinedion dake
Read more