Did the government just created a "CONSTITUTIONAL CRISIS"?
by Philemon Wass Korowi
In my view, a constitutional crisis has just been created here both by the Electoral Commissioner and Governor General if what transpired this afternoon is real.
Under section 105 of the National Constitution, "the Governor General (GG) shall fix the dates for issue and return of writs, with and in accordance with the advice of the Electoral Commissioner" Both these two government institutions and their Heads are named in this decision making process under section 105.
The Supreme Court had in few of its past decisions concerning excercise of powers of the GG pronounced that the office of the GG is a "mere rubber stamp". Meaning the GG cannot excercise any independent powers outside of and, not in accordance with the advice of the decision making authority. In the present case under Section 105, the decision making authority is the Electoral Commissioner.
The decision by GG to sign the instrument at 4pm this afternoon (and refuse decision to defer), is effectively against or NOT in accordance with the advice of the Electoral Commissioner and therefore, this "constitutional crisis". OR, it can be argued that the decision by GG is consistent with the decision to issue writs already fixed by the Electoral Commissioner commencing 4pm 12th May and therefore campaiging, voting counting and declarations must proceed on of 12th May 2022.
When the decision by the Chief Electoral Commisioner to defer once earlier from 28th April to 12th May, he could do so because his decision was under official letter head and not gazetted. Now that the decision is gazetted, neither the Electoral Commissioner nor, the GG can amend by way of rescinding or withdrawing or another decision to supercede the gazetted decision except only by adjudication of the Courts.
Many questions flow here;
1.Is this politically instigated?
2. Is this a deliberately act by GG to create this crisis?
3. It there a political influence and intervention in this decision by GG?
4. What will happen to the election process fixed under section 105.
MY OPINION ONLY.. HAVE YOUR SAY PLEASE.