by Aluzu Ebikebuna Augustine; 1st May, 2019
The Independent National Electoral Commission (INEC) had earlier on the 9th of April, in a Press Release signed by its National Commissioner and Chairman, Information and Voter Education Committee, Festus Okoye Esq. fixed Saturday, November 2nd 2019 for the Governorship election for both Kogi and Bayelsa state respectively.
A report by Nation Newspaper on the 30th day of April, 2019 stated that the Governor of Bayelsa State has transmitted a letter to the INEC notifying the commission why the November 2nd date chosen by the Commission to conduct the gubernatorial election in the state should be changed.
The reason, according to the Michael Odiegwu, a reporter with The Nation Newspaper is that November 2nd is statutorily set aside in the state as a public holiday. Quoting a source in the Governor’s camp, the report stated that the first executive bill Governor Seriake Dickson sent to the state House of Assembly immediately he assumed office was the Bayelsa State Thanksgiving Day Bill.
“The bill was expeditiously passed into law by the Kombowei Benson-led legislative arm and November 2 was dedicated to thanksgiving and prayers in the state. Since he assented to the bill in 2012, Dickson has kept faith with the provisions of the law.
“Annually for seven years, he held the solemn occasion. It is usually a public holiday. Apart from spiritual activities, nothing including politics, works in the state on that day”.
Mr Zilly Aggrey, the General Overseer, Royal House of Grace International Church also called on INEC to show respect to God by shifting the date which is statutorily recognised in the state as public holiday.
In reply to the Governor and Zilly Aggrey, Bayelsa State House of Assembly does not have the requisite vires to make laws, declaring any day in the state as public holiday.
The Constitution of the Federal Republic of Nigeria (CFRN) and the Public Holidays Act, Cap 387, 2004 LFN hereinafter referred to as ‘the Act’ simpliciter shall be reproduced in order to further expantiate.
The CFRN provides by virtue of section 4(7) “The House of Assembly of a State shall have power to make laws for the peace, order and good government of the State or any part thereof with respect to the following matters, that is to say:-
(a) any matter not included in the Exclusive Legislative List set out in Part I of the Second Schedule to this Constitution.”
A community reading of the above section with item 51 of the Exclusive Legislative List, second schedule, part 1 of the constitution is instructive that a state House of Assembly has been divested of the vires to make any law touching or declaring any day as public holiday.
Furthermore, Section 2(2) of the Public Holiday’s Act provides: “Subject to section 1 of this Act and subsection (1) of this section, the Governor of a State may by public notice appoint a special day to be kept as a public holiday in the State concerned or in any part thereof, and any day so appointed shall be kept as a public holiday.”
The Act is an Act to repeal all the State Laws on public holidays and to make provisions for the whole of the Federation for public holidays and other related matters.
The governor does not require a law of the state house of assembly to declare a day as a public holiday. All that is required of him to do is by public notice gazetted in the official gazette of the state. However, the day so kept is not binding on Federal government or its agencies to observe such a day.
The reliance on the Bayelsa State Thanksgiving Law of 2012 will not hold water to shift the date against the proposed November 2nd 2019 date for the conduct of the gubernatorial election in the state.
The Christiandom does not have a recognised “Thanksgiving day” as different denomination fixes the said day at their own convenience.
November 2nd Thanksgiving Day Law of Bayelsa state have no force of law over Bayelsans or INEC, nor any other federal government agencies whatsoever. The law if its legality is tested will be thrown out the judicial window and left in the garbage of history for being ultravires and overreaching as it has often been the case.
Aluzu Ebikebuna Augustine is a human rights activist and arch-convener of Patriotism Advancement and Community Orientation Network (PACON)
