Postponing the February Elections, an Intention to Commit Treason.

Find below a link to Femi Falana's analysis of the postponement of the February 2015 elections. Did the actions of the NSA, DSS, and Military Chiefs amount to treason?

It should be noted that the steps taken for the postponement of the election is unconstitutional and ultra vires the 1999 constitution as amended. By this, I mean, the act of the NSA communicating directly with INEC on the security situation in Nigeria is not the valid approach.  It is also disturbing that the INEC Chairman, Professor Attahiru Jega went ahead to postpone the elections based on this communication. The proper action which would have been valid in a situation where there's a concern as to security, would have been the NSA communicating directly with the National Security Council through the President of the federation.

Section 153 (k)  of the 1999 Constitution as amended established a body known as the National Security Council. This body is charged with the responsibility of advising the President on matters relating to public security including matters relating to any organisation or agency established by law for ensuring the security of the Federation. This is provided for in Part I of the Third Schedule to the Constitution.

If you remember last week, I wrote on the circumstances which would warrant a postponement of elections. Particularly note Section 26 of the Electoral Act 2010 as amended, which describes the circumstances which allows for the postponement of election. It is provided in subsection 1 that: " ...or it is impossible to conduct the elections as a result of natural disasters or other emergencies, the commission may postpone the election and shall in respect of the AREA, or AREAS concerned..."

By postponing the elections, what has the INEC done? Simply, it has acted ultra vires its own statute. It has acted outside the provisions of the law which spell out its powers and duties. Moreover, the postponement effectively gives too much credence to the insurgents and has in a way served as a boost to their operations. This action is tantamount to an insurgent group holding the country to ransom. What have we done?

The postponement should have been restricted to areas that would be affected by the operations of the insurgent group if the election had proceeded as scheduled.

Well, we continue to see how our constitution is been subverted in the interest of a few. How will the electoral process/ political will play out in the forthcoming months? Let's wait and see.

http://www.premiumtimesng.com/news/top-news/176468-nigeria-2015-nsa-dasuki-military-chiefs-commit-treason-coup-plotting-falana.html