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Question

Difficulty: MediumElectoral Management Bodies and Conduct of Elections

In Nigeria's electoral framework under the 1999 Constitution (as amended), the Independent National Electoral Commission (INEC) oversees federal and state-level elections. Which of the following electoral exercises is legally conducted by a State Independent Electoral Commission (SIEC) rather than INEC?

  1. A
    Chairmanship and Councillorship elections in the Federal Capital Territory Area Councils
  2. Chairmanship and Councillorship elections in the Local Government Areas of a StateAnswer
  3. C
    Elections for members of a State House of Assembly
  4. D
    Gubernatorial and Deputy Gubernatorial elections of a State

Answer

Chairmanship and Councillorship elections in the Local Government Areas of a State
Under the 1999 Constitution of the Federal Republic of Nigeria (as amended), State Independent Electoral Commissions (SIECs) are constitutionally empowered to organize, undertake, and supervise elections to the offices of Chairman and Councillors of Local Government Councils within their respective states. In contrast, INEC conducts all federal, gubernatorial, state legislative, and FCT Area Council elections.

Step-by-Step Solution

1
Identify the division of electoral responsibilities between INEC and SIEC in Nigeria.
INEC handles presidential, National Assembly, gubernatorial, State House of Assembly, and FCT Area Council elections. SIECs handle state local government council elections.
The 1999 Constitution of Nigeria explicitly delineates the constitutional powers of national versus state electoral bodies.
2
Evaluate the option regarding local government elections in the states.
State local government chairmanship and councillorship elections are conducted by the respective State Independent Electoral Commission (SIEC).
Item 22 of Part I of the Third Schedule to the 1999 Constitution establishes the jurisdiction of SIEC over state local council polls.

Key Concept

Constitutional Division of Powers between INEC and SIEC
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Topics

Electoral Management Bodies and Conduct of Elections