Strong indications emerged yesterday that another crisis may be looming between the Presidency and the legislative arm of government, as President Muhammadu Buhari has written the Senate, declining assent to the new amendment to the Electoral Act, which seeks to re-order the sequence of polls during 2019 general elections.
President Buhari President Buhari in a letter to the Senate, read by Senate President, Bukola Saraki, at plenary yesterday, said it became imperative for him to withhold assent to the bill because it will 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 statute to the Constitution.
He wrote a similar letter to the House of Representatives, stating the same reasons for refusing to assent to the bill. According to the President in the letter dated March 8, 2018, the Senate and the National Assembly in general, got it wrong in the amendment to Section 138 of the principal act to delete two crucial grounds upon which an election might be challenged by candidates, and that it has limited the rights of candidates in elections to a free and fair electoral review process.
Buhari told the Senate that he vetoed the amendment, especially that of Section 152 Sub-section ( 3)-(5) of the Principal Act because it raises constitutional issues over the competence of the National Assembly to legislate over local government elections.
Buhari’s letter to NASS
The two-page letter, entitled “Presidential Decision to decline Assent to the Electoral ( Amendment) Bill, 2018, 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 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 statute 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 Sub-section ( 3)-(5) of the Principal Act may raise Constitutional issues over the competence of the National Assembly to legislate over local government elections. Please accept, Distinguished Senators, the assurances of my highest consideration.”
The NASS bill
Recall that the Senate had on Wednesday, February 14, approved an amendment to the electoral process which places the Presidential election as the last of the polls to be conducted in the country, while that of the National Assembly will hold first, followed by gubernatorial and state houses of assembly polls.
The bill had been passed and concurred with by the two chambers of the National Assembly. Asked to speak on the letter, Chairman, Senate Committee on Media and Public Affairs, Senator Sabi Aliyu Abdullahi, said it was not different from other rejected bills, but was quick to add that the Senate will look at and adopt it.
Also speaking with journalists on the development, Chairman, South-East Senate Caucus and spokesperson of Peoples Democratic Party, PDP Senate caucus, Senator Enyinnaya Abaribe, PDP, Abia South, said: “Senate and the House of Representatives will do the needful because we believe that what we have done is in the best interest of Nigeria.”
