Buhari declines assent to Electoral Act amendment, as PDP kicks

President Muhammadu Buhari has declined assent to the Electoral Act (Amendment) Bill recently passed by the National Assembly.
In a letter addressed to the Senate President, Bukola Saraki, which he read at plenary on Tuesday, the President, among other things, explained that the sequence of elections included in the amendment, undermines the independence of the Independent National Electoral Commission (INEC).
This is the second bill the President had declined to assent, having rejected the Peace Corps Bill two weeks ago.
In the letter dated March 8, 2018, the President gave three grounds upon which the bill was declined assent.
The letter titled: ‘Presidential Decision to Withhold Assent to the Electoral Amendment Bill 2018’ reads: “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 Amendment Bill 2018 recently passed by the National Assembly.
“Some of my reasons include the following: The amendment to the sequence of elections in Section 25 of the principal act, may infringe upon the constitutionally guaranteed discretion of the Independent National Electoral Commission (INEC) to organize, undertake and supervise elections provided in Section 15(a) of the Third Schedule to 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 (3)-(5) of the Principal Act may raise constitutional issues over the competence of the National Assembly to legislate over local government elections”.
Last month, the National Assembly adopted the conference committee report on the Electoral Act (Amendment) Bill, which recommended the reordering of elections.
In the proposal, both chambers of the National Assembly approved the reordering of sequence of elections by inserting a controversial clause in the 2010 Electoral Act – Section 25.
It approved that the conduct of National Assembly election will hold first, followed by Governorship and House of Assembly, while the presidential election will be conducted last.
This was contrary to the timetable released by the electoral body which fixed the Presidential and National Assembly elections for February 16, 2019 and governorship and House of Assembly poll for March 2, 2019 respectively.
But 10 All Progressives Congress (APC) senators led by Abdullahi Adamu had kicked against the amendment, insisting that it was targeted at President Buhari.
There are speculations that lawmakers from the two chambers are set to activate Section 58 (5) of the 1999 Constitution (as amended), following the president’s decision to withhold his assent to the bill.
The section provides that: “Where the President withholds his assent and the bill is again passed by each House by two-thirds majority, the bill shall become law and the assent of the President shall not be required”.
The implication is that 73 senators and 240 members of the House of Representatives would be needed to actualise this.
Speaking after plenary on Tuesday, Senate Spokesperson, Aliyu Sabi Abdullahi, disclosed that the Senate’s next line of action would be made known in the coming days.
But in a swift reaction, the Peoples Democratic Party (PDP) has criticised the President for withholding assent to the bill.
The opposition party said it now awaits the decision of the National Assembly on the matter.
“As a party, we are not afraid of the 2019 general elections because we know that Nigerians have already rejected President Buhari and his dysfunctional All Progressives Congress (APC).
“Against this backdrop, the PDP assures to provide all the members of our great party a level playing ground to choose a Presidential candidate in a National Convention that promises to be open, free, fair, credible and transparent.
“We know that with the support of Nigerians, any candidate that emerges on our platform ahead of 2019 will clinically defeat President Buhari at the polls and lead our nation back to the path of progress, national cohesion and a vibrant economy,” a statement by Kola Ologbondiyan, PDP National Publicity Secretary, read in part.

 

OWEDE AGBAJILEKE, Abuja