Experts raise alarm over constituency delimitation

Some professors of law have raised alarm over the non-delimitation of constituencies ahead of the 2019 general elections. Speaking at a roundtable discussion on “Constituency delimitation”, organized by the law firm of Azinge and Azinge, Tuesday in Abuja, the legal luminaries warned of a looming constitutional crisis if INEC goes ahead to conduct the 2019 […]

Some professors of law have raised alarm over the non-delimitation of constituencies ahead of the 2019 general elections.

Speaking at a roundtable discussion on “Constituency delimitation”, organized by the law firm of Azinge and Azinge, Tuesday in Abuja, the legal luminaries warned of a looming constitutional crisis if INEC goes ahead to conduct the 2019 elections based on the 1996 constituency delimitation exercise.

Those present included Professor Epiphany Azinge SAN, Prof. Paul Idornigie SAN, Professor Maxwell Giddado SAN, Professor Adewopo Adebambo and former president, Nigerian Bar Association (NBA) Joseph Bodunrin Daudu SAN

The last time constituency delimitation was carried out in Nigeria was in 1996 during the government of late Gen. Sani Abacha – over 20 years ago.

According to them, the population of the country has grown vastly since then and an increase in the different areas of the country raises the need to look into the delimitation of constituencies.

In his speech at the occasion, Daudu (SAN) faulted the failure of the federal government to conduct a fresh census exercise since the last head count of 2006.

 Daudu said for any credible delimitation exercise to take place, there must be a proper census exercise. 

The convener of the programme, Prof. Epiphany Azinge (SAN), said if something was not done urgently to carry out the two exercises, the country could be heading for a constitutional logjam. 

“The census is coming up and we do not know how soon we can conclude that before the 2019 elections. 

“If care is not taken, we may box ourselves into a litigation or constitutional quagmire that may derail the 2019 elections because people might start asking questions,” he said.

Azinge said what the country currently uses as constituency delimitation was last done in 1996 which was drawn from the 1991 census exercise. 

“So, make sure that things are done appropriately and timeously. We want to use this as a way of galvanising the appropriate authorities, in this context the Independent National Electoral Commission and more importantly, the National Assembly.

“The agencies or organisations responsible are hereby invited in the interest of this country and for there to be an election that will be acceptable in 2019, it is important that something is done timeously,” Azinge said.

Prof. Maxwell Gidado (SAN), said any Nigerian could institute a legal action to challenge the failure of the federal government to conduct the twin exercise of census and constituency delimitation, should it go ahead to conduct the 2019 elections. 

On his part, Prof. Paul Idornigie (SAN) said the fact that all the elections conducted since 2006 were not in substantial compliance with the provisions of sections 75, 91 and 112 of the 1999 Constitution, it can be argued that the elections were unconstitutional.  Can we also say that the state houses of assembly that have ‘suppressed’ constituencies are properly constituted?

 “In my view, the problem cannot be solved by the courts alone.  It requires the cooperation of INEC, National Assembly, the National Population Commission, the National Boundaries Commission and the Office of the Surveyor General of the Federation.  

“It is also noteworthy that the National Population Commission is preparing for another census in 2018.  Will the census figures be ready before the 2019 election?

“The defunct National Electoral Commission under powers derived from the 1979 Constitution carried out a Constituency Delineation in 1996.  Why is INEC, in 2017, still using this ‘inherited’ delineation?  It is totally unacceptable that in 2017, INEC is still using the delimitation exercise of 1996 when all the dynamics and fundamentals have changed,” he said.

Representation, according to the experts, is the bedrock of democracy.  Constituency delimitation is a critical component of the electoral process and the participation of the citizens in the process.  It is not only a constitutional issue but statutory, political, demographic, geographical, historical, cultural and social.