The two chambers of the national assembly are consulting on the next move following President Muhammadu Buhari’s refusal to assent to the Electoral Act Amendment Bill. The president had intimated both chambers of his decision in a letter read by the Senate president and the Speaker of the House to the members. Buhari, in the March 8, 2018 letter said the amendments by the lawmakers were in conflict with existing laws.
The letter read, “Pursuant to Section 58(4) of the Constitution of the Federal Republic of Nigeria 1999 (as amended), I hereby convey to the Senate, my decision on 3rd March 2018, to decline presidential assent to the Electoral Act Amendment Bill 2018 recently passed by the National Assembly.
“Some of my reasons for withholding assent to the bill include the following: the amendment to the sequence of the elections in Section 25 of the principal Act may infringe upon the constitutionally guaranteed discretion of the Independent National Electoral Commission to organise, undertake and supervise all elections provided in Section 15(a) of the Third Schedule of the Constitution.
“The amendment to Section 138 of the principal Act to delete two crucial grounds upon which an election may be challenged by candidates, unduly limits the rights of candidates in elections to a free and fair electoral review process. “The amendment to Section 152 Subsection 325 of the principal Act may raise constitutional issues over the competence of the National Assembly to legislate over local government elections.”
However, it is posited that a new section, Section 25, inserted into the Electoral Bill, is the main issue. The section states that the sequence of the elections will commence with National Assembly, to be followed by governorship and State Houses of Assembly, while the presidential poll will come last. Briefing journalists after the plenary session, the Senate spokesperson, Senator Aliyu Sabi-Abdullahi, said the lawmakers would decide on the step to take on the veto later.
“What we have here is a letter coming back to us. It has been read and it is going to be approved tomorrow (Wednesday) in our Votes and Proceedings. And when it is approved, subsequently if there is going to be any action, I am sure we will let you know what the action will be. I will leave it at that,” he said.
“If I am speaking on behalf of the Senate and the Senate has not discussed an issue, is it fair for me to speak on it? Things are done through processes and procedures, and there are norms and conventions of the parliament.
“Yes, the letter has been read and, definitely, this is not the first time a letter from Mr. President would be read. It is just the same normal communication from Mr. President. All communications from Mr. President will definitely go through the same legislative process, which means that we have received it now and it is for us to look at it.
“It is going to receive attention. Senators and members of the House of Representatives will begin to look at it because it is a document that is coming back to the National Assembly,” he added.