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Fashola Signs Bills On Local Government Elections, Others

Jun 2, 2008 - Lagos State Governor, Mr. Babatunde Raji Fashola (SAN) Monday signed into law a bill on the State Independent Electoral Commission (LASIEC), with a warning that the State Government would henceforth operate zero tolerance for any form of electoral malpractice in the State.

The law, which further expanded the frontiers of the State’s Electoral Offences by providing stiffer penalties for their violation, has also increased the fines payable with over 300 per cent as well as increased the terms of imprisonment

The Governor also signed into law two other the bill, one on the State’s Waterways which repeals some provisions of the National Inland Waterways Authority (NIWA) Law as it concerns the State and the other, a Severance Allowance Law which authorizes the payment of Severance Allowance to Political Office Holders who served the various Local Government/Local Council Development Areas in the state between 2004 and 2007.

Speaking at the short but colourful signing ceremony, Fashola said the Bill on the LSIEC was necessitated by the anomalies discovered in the LSIEC law No 40 of November 21, 2001 which, according to him would have created a barrage of litigations of the Local government election if the election had been conducted with it.

He said the State House of Assembly in the course of correcting these anomalies conducted a public hearing during which stakeholders including political parties, civil societies, and community based organisations as well as security agencies made inputs culminating in the final enactment of the law.

According to the Governor, the Bill on the Severance Allowance to Political Office Holders in the State which emanated from the Executive was based on the Revenue Mobilization Allocation and Fiscal Commission (RMAFC) 2006 which provided that Severance Allocation be maintained at 300 percent of Annual Basic Salary enjoyable upon successful completion of tenure and that any officer that served a minimum of two years would be deemed qualified for such payment on pro-rata basis.

On the Waterways, Bill, tilted National Inland Waterways Authority Act (REPEAL) Law 2008, the Governor explained that the bill was based on the constitution “which provides a procedure to modify a Federal Act enacted before 1999 which at commencement of the constitution is found fall within the Legislative competence of the states” adding that the power to modify was defined to include the power to repeal section 315 (4) (c) of the law.

The Governor who noted that regulation of water transportation in Lagos state by the Federal agency would impede the legitimate constitutional aspiration of the State government to explore and develop water transportation in the State, commended the State House of Assembly for “its solemn exercise of its constitutional functions in repealing some provisions of the National Inland Waterways Authority act as it concerns the State.

Under the law on the State’s Independent Electoral Commission which provides for the functions powers, procedure of elections and electoral offences, the commission has been enlarged to include such functions as conducting Voters and Civil and Education, and Liaising with security agencies in the conduct of elections. It is also empowered to promote sound election processes thereby strengthening democracy and democratic institutions as wells as making the entire process more participatory and transparent by making it compulsory for the commission to consult regularly with political parties thereby ensuring free flow of information between it and registered political parties.

Also the law has put in place checks and balance mechanism whereby the power to declare the nomination of a candidate invalid by an electoral officer has been withdrawn and now vested in the commission as a body.

On procedure, the law provides for a more concise and definite procedure of voting which is open secrete ballot while also increasing the length of the notice of a election from 21 days to 60 days and also making elaborate provision for collation of votes announcement and return of successful candidate.

The National Inland Waterways Authority Act (REPEAL) Law 2008 removes the encroachment by NIWA Act on the power of the Lagos State House of Assembly to legislate on intra-state waterways and prepare the ground for the emergence of an agency of the Lagos State Government to regulate activities along the State intra-state Waterways among others while the Severance Allowances Bill provides that the sum of N792,362,595,72 be appropriated for the payment of Severance Allowance to 712 ex-functionaries of Local Government/Local Council Development Areas in Lagos State.