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Tag: Electoral Act (Amendment) Bill

  • Dogara warns over non-assent to Electoral Act Amendment Bill

    HOUSE of Representatives Speaker Yakubu Dogara yesterday expressed regrets over the non-assent to the Electoral Act, 2007 Amendment Bill 2018 by President Muhammadu Buhari.

    This is as the People’s Democratic Party (PDP) caucus yesterday lost Michael Adeniyi, a member from Okitipupa/Irele Federal constituency to the All progressives Congress (APC).

    He said presidential refusal would deny Nigerians the benefits of the many innovations introduced to enhance the nation’s electoral process as well as encourage those that might want to undermine next month’s general elections.

    Welcoming his colleagues from the Christmas and New Year break, he also decried the spate of killings arising from insurgency in parts of the country, urging President Buhari to consider an overhaul of the security system to pave way for a proactive response to security challenges.

    He said: “It should remain a thing of pride for us that the National Assembly has done its best by taking steps to guarantee the successful and rancour-free conduct of the 2019 general elections by passing the Electoral Act Amendment Bill for the third time after Mr. President had declined assent to it twice.

    “Lack of passage into law of the amended Bill means that the impending general elections will not benefit from the innovative mechanisms crafted in its collaboration with international and development partners.

    “Consequently, the palpable fears of well-meaning Nigerians and the international community of the possibility of some forces working to manipulate the coming elections by exploiting the identified loopholes in the current Electoral Act may become a reality, if proactive steps are not taken by critical stakeholders.

    “I believe that our intention to improve on the successes of the 2015 general elections through the Amendment Bill is very clear to all fair-minded Nigerians. The spate of serious allegations by stakeholders, corroborated by some press reports against the Independent National Electoral Commission (INEC) and the Nigerian Police in the recent elections, which are already subjects of litigations, are some of the factors that gave rise to public apprehension on the success of the coming general elections.

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    “We had intended, through this Bill, to minimise the risk to the survival of our hard-won democracy through responsive and timely legislation aimed at ensuring free, fair and transparent elections.  Nonetheless, as parliament, we have done our best to guarantee the stability and growth of our fragile democracy, and I have no doubt that history will be very kind to us.

    “Under the present circumstance, we have no choice than to take INEC and the Police by their words and give them the benefit of doubt in their recent assurances to be impartial, efficient and truthful in the conduct of the coming elections.  This is the minimum that the country deserves from them at this auspicious time.

    “Nothing short of complete openness, a level-playing ground and strict adherence to extant Laws will be acceptable to Nigerians.”

    On security challenges facing the country, Dogara noted that the time has come for the President to take a hard look at the security system.

    “We are all witnesses to the continuous deteriorating security situation in our country, more especially in the Northeast, Northwest and some parts of the Northcentral.

    “Only three days ago, scores of people were killed in Sokoto State and elsewhere. Hardly does any week pass without reports of mass killings and bloodletting, either by terrorists or armed bandits.

    “This calls for drastic, urgent and concerted action and efforts to bring to a quick end. Our citizens are looking up to us and we can’t afford to fail them because security of lives and properties is the primary purpose of government. The fight against unbridled violence is one we cannot afford to lose as we can’t do so and still keep our civilisation.

    “The symptoms of the malady afflicting our national security architecture are in plain sight. It is, therefore, imperative for the President and Commander-In-Chief of the Armed Forces to take a hard look at our national security architecture with a view to fixing the malady to secure lives, national pride and prestige.”

  • Electoral Bill: PLOT to override Buhari’s veto thickens

    SENATORS and members of the House of Representatives have begun consultations with a view to overriding President Muhammadu Buhari’s veto on the Electoral Act Amendment Bill.

    Although many members of the two chambers are said to be preoccupied with selling their candidacy in their respective constituencies as the 2019 elections draw near, making it unlikely for the lawmakers to garner two-thirds majority vote against the President’s veto, the two chambers have nonetheless began to discreetly sensitise members on the special significance of the issue.

    A highly placed Senate source told one of our reporters that “so many variables are being considered in deciding whether to proceed with the process of overriding the President veto of the Bill.” The source added: “If we want to override the President, it is not going to be a media thing, so that it will not be scuttled even before we start. “It is a legislation that will become law, so we just have to be careful.

    You don’t just pander to the wish and caprices of the people. “But there is actually growing fear that the country is likely going back to the old days of massive rigging, which will not be in the interest of the country. “The two chambers of the National Assembly have gone back to the drawing board to reconsider the implications of the President’s decision to decline assent to the Bill. “You saw the scene that played out at the Senate on Thursday when the Senate Leader, Senator Ahmed Lawan, took his time to explain the numerical strength of the two dominant parties in the chamber. “Some members saw it as a sign of apprehension and the fear of the unknown. “You would also notice that majority of All Progressives Congress (APC) members have been unusually attending sittings since the President vetoed the Bill. It is not for nothing. “One thing I can tell you is that anything is possible. Nothing, I mean nothing should be ruled out.

    Read also: Electoral Bill: APC, PDP in verbal war

    “If this is allowed to stand, other unpleasant consequences will surely follow.” Senator Enyinnaya Abaribe was categorical in declaring that he would support any move in the chamber to override the President’s veto. The Abia South senator dismissed the President’s reason for declining assent to the bill as untenable. For him, “the question is whether the National Assembly will do what is right by overriding the President’s veto. “You can count on my vote any day it comes to the floor of the Senate,” he said Asked whether moves were alraedy being made to override the President, Abaribe said he would not known because he is not a member of the leadership.

    He noted that the amendments were made to prevent man made changes to election results, saying with the Electoral Bill, for instance, “when you transmit election results from the polling station, you can no longer change the result.” He also believes that signing the amendment into law would further improve the country’s electoral process. In the House of Representatives where many PDP members have not hidden their plans to override the President’s veto, APC members feel convinced that getting the two-thirds vote against the President’s decision  is not realizable.

    A leading member of the PDP caucus in the House of Representatives, Hon. Teejay Yusuf, confirmed that there were efforts to rally members for votes. He said: “We will try to get the numbers required. I see no reason why the President will act in a manner that I think is somewhat un-presidential. “Right from the beginning, from the way he has acted, he did not want the Electoral Act to be passed.

    This is the fourth rejection of the bill from him.” Another PDP member of the House, Hon. Boma Goodhead (PDP, Rivers State) spoke in a similar vein. “Of course, the best way for us to move our democracy forward is for us to override it,” he said. “It is not just about PDP; we are talking about the National Assembly and the national interest. So it is our responsibility to override that.”

    For Hon. Segun Odebunmi (APC, Oyo State), the position of the law must be allowed to prevail after the parties in dispute must have tested their strengths. Odebunmi said: “Well, the two positions are obviously the position of the law. The President has the right and the House also has the right if they could get the majority and the numbers required. “Both the executive and legislature should be working together. Whatever the grievance or issues may be, they should sit down and resolve It. But if we are working with ego, honestly, this country will not move forward.” The House of Representatives Leader, Hon. Femi Gbajabiamila, who spoke with reporters during the week, believes that the plan to override the President’s veto cannot succeed.

  • Silence in Senate, House over Buhari’s rejection of Electoral Act Amendment Bill

    IT was all pin drop silence yesterday in the Senate and the House of Representatives after President Muhammadu Buhari’s decision to decline assent to the Electoral Amendment Bill, 2018 was read to the two chambers.

    All Progressives Congress (APC) senators came in their numbers to the Upper Chamber apparently to prevent an anticipated plot by Peoples Democratic Party (PDP) senators to initiate move to override the President’s assent on the controversial Bill.

    The House of Representatives also failed to debate Buhari’s refusal to sign the Bill into law for the fourth time.

    Senate President Bukola Saraki merely read to senators the letter dated December 6, 2018, which detailed reasons Buhari based his decision to decline to assent to Bill. Saraki filed it away after reading the letter.

    The anticipation that a Point of Order will be raised for the consideration of the presidential letter was dashed when senators kept quiet.

    A source noted that “apparently in line with the rule of the Senate, no senator was allowed to comment on the contents of the Presidential letter”.

    It was, however, gathered that APC Senate caucus met on Monday to articulate how to foil any attempt to override the President’s assent.

    Investigation also showed that the APC caucus mobilised members to ensure that they attended yesterday’s sitting.

    It was gathered that members of the APC caucus were particularly spurred to action by the comments of Senator Dino Melaye on a national television on Monday on the voided Bill.

    Melaye, a senator said, was too critical of the President for rejecting the Bill “for us to leave anything to chance”.

    According to the senator, “We were fully on standby to oppose any motion by Melaye and other PDP senators on the rejected Bill. We were prepared. We know the stand of Melaye on matters of this nature. Nobody should be taken for granted.”

    The turnout in the chamber yesterday was the highest by APC and PDP senators in recent times.

    It was unclear what the next line of action will be on the rejected Bill.

    In the House of Representatives, before the floor could degenerate into a rowdy session, following the reading of the President’s letter conveying his rejection of the  Bill, the Speaker, Yakubu Dogara, said in line with House rules, the letter would not be considered on the day it was read.

    Dogara said the letter will be considered on another legislative day.

    The President, in the letter dated December 6, 2018, said he declined assent to the Bill as a result of the likely confusion the new law would create for the process of the  2019 general election.

    Noting some other errors in the document, the President included a proviso if he must sign the bill into law that a clause that the law becomes operational after the 2019 election be inserted.

    As the Speaker concluded reading the letter,  Ali Madaki, (PDP, Kano) raised a point of order, saying  there was an urgent need for the House to debate the President’s communication because of its importance to the future of the country.

    He was shut down by a counter point of order from the House Leader Femi Gbajabiamila.

    Gbajabiamila said no House rule supports Madaki’s suggestion that the matter be debated immediately because of its importance.

    “We have never, by precedence, by custom and tradition, we have never debated a letter, which is by way of information.

    “If there is the need to debate the President’s letter, we will table it on the order paper for debate. Several letters have been written by several presidents before.

    “It never happened. If you want to debate the letter, place it on the order paper. We are fully ready to debate it,” Gbajabiamila said.

    At this point, the Speaker ruled and stepped down the matter for another legislative day.

    Dogara said no matter how urgent, House rules dictate that such matters are scheduled for another legislative day for consideration.

     

  • Senate stands down Electoral Bill consideration

    The Senate on Thursday stood down consideration of the Electoral Act (Amendment) Bill, 2018 for third reading and passage, until Tuesday.

    The bill, which was captured on the Order Paper, was stood down at plenary for more legislative work.

    Announcing the development, Leader of the Senate, Ahmad Lawan, said “in view of the sensitive nature of the bill and its importance, it is vital to give the committee more time to do a thorough job.’’

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    After his remarks on it, President of the Senate, Dr Bukola Saraki, put the issue to voice vote and the “`step down’’ was unanimously adopted.

    The bill scaled second reading on Oct. 10, a day after the Red Chamber resumed from recess.

    Ongoing process on the Bill is the fourth attempt by lawmakers to have it ready for assented of President Muhammadu Buhari.

    Buhari had on Sept. 3, declined assent to the Bill, which was transmitted to him by the National Assembly on Aug. 3, for the third time.

    The Senior Special Assistant to the President on National Assembly Matters (Senate), Sen. Ita Enang, in a statement in Abuja, announced the president’s decline of assent to the Bill.

    He had explained that the president declined endorsement of the bill due to some drafting issues and the period fixed for political parties’ primaries, among others.

    In August, Enang had clarified that the bill, which was forwarded to the President on Aug. 3, was “alive and awaiting assent.’’

    The clarification was against the backdrop of media report that Buhari had again vetoed the bill forwarded to him for assent.

    But, Enang explained that the vetoed bill was the one sent to the President on June 27 and not the one passed by the Assembly on July 24, the day the lawmakers commenced their annual recess.

    In February, the president rejected the first Electoral Act (Amendment) Bill 2018 forwarded to him for assent and gave reasons.

    NAN

     

  • Reps pass Electoral Act Amendment Bill

    THE House of Representatives yesterday passed the contentious Electoral Act amendment bill through second reading

    It was thereafter referred to the committee of the whole for further legislative action.

    The resolution was passed sequel to a debate by Chairman, House Committee on Political Parties and Electoral Matters Aisha Dukku.

    She led the debate on the Electoral Act, No. 6, 2010, which empowers polling agents, accredited observers and official of Independent National Electoral Commission (INEC) to record on video or by any means the election process.

    The amended clauses include  Sections 8, 9, 15, 18, 19, 27, 30, 33, 35 36, 38, 44, 46, 48, 49, 51, 52, 53, 63, 65, 67, 76, 78, 82, 85, 87, 91, 99, 100, 138, 139, 140, 142, 143, 151 and 156.

    According to Section 8(5): “a person who being a member of a political party, misrepresents himself by not disclosing his membership, affiliation or connection to any political party in order to secure an appointment with the commission in any capacity commits an offence and is liable to conviction to imprisonment for a term of at least 5 years or a fine of at least N5 million or both.”

    Also, Section 18(4) also provides for N5 million fine or imprisonment not exceeding two  years for any person who issue replacement PVC to any voter on polling day or less than 60 days before the polling day.

    Other amended sections are: 31(6) which states that the court shall issue an order disqualifying a candidate or political party from contesting election for providing false affidavit, and if already elected, shall not be eligible to re-contest another election which shall be conducted within 90 days by INEC.

    Again, section 31(8) provides that: “a political party which presents to the commission the name of a candidate who does not meet the qualification stipulated in this section commits an offence and is liable to a fine of N5 million.

    Section 36(3a, b) also provides that: “if after the commencement of poll and before declaration of a winner, the leading candidate dies, the commission shall being satisfied of the fact of the death, suspend the election for a period not exceeding 21 days”; and the “political party whose candidate died may, if it intends to continue to participate in the election, conduct a fresh primary within 7 days of the death of its candidate and submit a new candidate to the commission to replace the dead candidate”.

    The amendment bill was referred to the committee of the whole for further legislative action.

  • 2019: NGO worried over delay in passage of INEC budget

    A non-governmental organization, Election Monitor, has expressed concerns over delay in the passage of the budget submitted to the National Assembly for the conduct of 2019 election by the Independent National Electoral Commission.

    The group said the failure of the National Assembly to pass the budget could put Nigeria’s democracy in jeopardy.

    Its National Coordinator, Abiodun Ajijola, conveyed the worries of the group in a statement on Monday in Abuja.

    The statement reads: “Election Monitor is perturbed and very worried that the National Assembly has failed to pass the INEC budget since the request for virement and supplementary input to the 2018 budget was made (11th July 2018) and read on the Senate floor (17th July 2018). What this means is that the budget request has spent one and a half months with the NASS without being conclusively acted upon (approved for release).

    “The argument that the budget input came in late does not defend delaying the passage of the budget for any reason moral or political because Nigeria’s sustained democracy is greater than the interest of any person or group of persons.

    “The window to conduct political party primaries is already open and INEC has no budget to monitor these primaries which has implications in the future if these primaries are held without being monitored, especially in the event of disputed primaries.

    “It would be negligent to describe the current situation as normal just because the effects of the current delay of passage of the INEC budget have not yet been felt.

    “No responsible government should wait until there is a full blown crisis to take corrective and preemptive actions when there are clearly ominous signs ahead if the current trajectory is maintained.

    Read Also: INEC lost millions of naira to flood in Edo

    “While conducting elections is based on the electoral laws, Nigerians should remember that smart card readers have been used to conduct just under two hundred elections since the 2015 Nigerian General Elections. Some of these elections have been disputed and all possible legal options have been taken, yet none have had their results invalidated as a result of the existing Electoral Act 2010 (amended) despite the smart card readers were used in all these elections. Therefore equating signing of the Electoral Act Amendment Bill 2018 to passing the INEC budget is not addressing the root issue which is funding the 2019 General Elections.

    “The meaning of this is that even with the existing electoral act smart card readers would still be used as has been demonstrated in recent elections such as Edo and Ondo 2016, Anambra 2017, Ekiti 2018 etc. Saying that signing of the electoral act will determine the usability of smart card readers in the 2019 General elections is not true and incongruent with the recent and current happenings in the Nigerian electoral process.

    “It is also important to note that the National Assembly had since June 2015 to work on the current Electoral Act amendment bill but chose to only submit it for assent in February 2018 despite promising that it would be passed before the end of 2016. The Nigerian Senate passed its own version of the bill in March 2017 but in February 2018 adopted the resequencing of elections which was very controversial and not in the original bill passed by the Senate. The National Assembly had every opportunity to override the executive decision but that wasn’t done and the current bill was eventually received by the executive on 3rd August 2018. Using the signing of the Electoral Act Amendment Bill 2018 as a precondition to pass the budget for the 2019 Nigerian General elections is therefore unacceptable.

    “This is a national emergency and urgent steps need to be taken immediately to remedy this perilous situation. Though this is an election related issue it is also a security issue. This is because any crisis stemming from elections always has security implications. It should be remembered that much of the civil unrest across many African countries can be linked to elections directly or indirectly.

    “This is the time for bold decisions that will save Nigeria from unnecessary chaos and crisis on the altar of politics. Election Monitor does not accept any attempt to truncate the hard-fought democracy of Nigeria and therefore calls on the National Assembly to expedite action on the complete passage of the 2019 General Elections budget before the end of August 2018 which includes reconvening the National Assembly.

    “In the event of a failure to do this, Election Monitor calls on President and Commander in Chief of the Armed Forces of the Federal Republic of Nigeria Muhammadu Buhari, GCFR to take every step necessary to save Nigeria from an impending political crisis which would certainly have grave security implications for which he has a fundamental responsibility to all Nigerians. National security is primary and every government is first expected to secure the lives and property of its citizens and delaying passage of an election budget is tantamount to delaying the elections which has a last date that it can be legally conducted. Therefore since this is inherently a security situation the President should treat it as such.

    “Election Monitor calls on all Nigerians to reject the antics of political actors who are not concerned with the impact of their actions on the average Nigerian on the street. It is therefore imperative that all Nigerians use the 2019 General elections to reject all candidates at all levels who would not serve in Nigeria’s best interest.

  • Electoral Act Amendment Bill: Buhari will do the needful – Presidency

    Ahead of the expiration of the 30 days constitutional provisions for the President to assent to the Electoral Act Amendment Bill, the Presidency on Tuesday said that there was no cause for alarm.

    The Bill was transmitted to the President for his assent on Thursday, 2nd August, 2018 after the corrected version was passed by the National Assembly on 24th July.

    The 30 days expires next Sunday.

    If the President fails to assent the bill or return it to the parliament at the end of the 30 days, the National Assembly may likely overrides President Muhammadu Buhari’s.

    But the Presidency has assured that it won’t get to that level as the President will do the needful before the expiration of the 30 days constitutional provision.

    The Senior Special Assistant to the President on National Assembly Matters (Senate), Senator Ita Enang, at the Presidential Villa, Abuja on Tuesday said “We will do the needful before the Bill expires.”

    Enang, who had recently countered the allegation that the President again refused to sign the bill into law, explained that the Bill was being studied by the President’s team before he signs it.

    Enang had debunked the claims that President Muhammadu Buhari had vetoed the Bill.

    He had stated “The final clean copy of the Bill which was received by President Muhamamdu Buhari on the 2nd of August, 2018, still undergoing thorough scrutiny by the President.

    “Mr President has not vetoed the bill. What some people are not aware of was that when the second copy was received after the initial rejection, it was discovered that there were typography errors which the National Assembly needed to correct and they did it and sent it back on the 24th of July and this is still being studied before presidential assent.”

    He said, “It is good for people to cross check their facts first before feeding the public with the wrong information. As you know the President embarked on a 10 day leave soon after we submitted the Bill to him, so we should wait.”

    Chairman of the Independent National Electoral Commission, INEC, Mahmoud Yakubu had declared that the Bill will not be used for the 2019 February general election unless it was signed into law at least six months before the election.

    The Bill contains relevant provisions that is expected to guide INEC in the conduct of the 2019 election.

  • Breaking: Court voids NASS attempt to alter election sequence

    …Says only INEC can fix dates for elections

     

    A Federal High Court in Abuja has voided Clause 25 of the Electoral Act (Amendment) Bill, 2018, which seeks to reverse the sequence of the conduct of the 2019 elections earlier announced by the Independent National Electoral Commission (INEC).

    Justice Ahmed Mohammed, in a judgment on Wednesday, held that the powers to organise, conduct and fix dates for elections resides only with INEC by virtue of Section 15(a) of the 3rd Schedule to the Constitution.

    Justice Mohammed said the passage of the Bill, which seeks to alter the election time table earlier released by INEC was a breach of the Constitution and the doctrine of separation of powers.

    The judgement was on the suit by Accord Party (AP), challenging the legitimacy of the Electoral Act (Amendment) Bill, 2018, to which President Muhammadu Buhari declined to assent.

    Justice Mohammed answered all the questions raised the suit for determination in favour of the plaintiff and granted all the reliefs by the sought plaintiff, except 11(1) which sought to restrain President Muhammadu Buhari from asserting to the Bill.

    The judge noted that granting such prayer was no longer necessary since the President has already declined signing the Bill.

    Before determining the main suit, the judge earlier dismissed the preliminary objection filed by the National Assembly (1st defendant) in which they argued among others that the suit was not justiciable, that the plaintiff were without the requisite locus standi and that the suit was academic.

    Justice Mohammed disagreed with the 1st defendant on all the grounds raised in the preliminary objection.

    Details later….

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