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Tag: Electoral Bill

  • On delayed passage of electoral bill

    On delayed passage of electoral bill

    By Austin Aigbe

    Sir: The delayed passage of the Electoral Bill is a crisis that must be addressed now. Such delays force INEC, parties, the judiciary, and civil society to scramble under impossible time constraints, heightening confusion and undermining legitimacy.

    The impact on institutions is stark. INEC, responsible for elections, needs time, clarity, and resources for effective reform. Late passage of the Electoral Act constrains planning, training, procurement, and voter education. Even sound reforms—such as new election technology—can cause controversy if not implemented early. Rushed changes risk failures and disputes, further undermining trust.

    Parties also suffer from delayed reform. Weak enforcement of party democracy and campaign finance rules enables elite capture. Candidate selection remains opaque and costly, side-lining women, youth, and reformers. When party regulatory reforms stall, parties lack accountability, which fuels pre-election litigation and internal crises.

    The judiciary is increasingly central to electoral politics. Ambiguous or outdated laws spur litigation, forcing courts to fill legislative gaps and making elections judicial rather than electoral contests. While courts are vital for dispute resolution, excessive litigation harms electoral legitimacy and pressures judges, exposing them to political attack and suspicion.

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    These delays have devastating consequences for Nigeria’s democratic future. Without prompt reform, democratic norms disintegrate, and anti-democratic practices become entrenched. Only immediate, credible reforms can restore hope, trust, and progress. Delay is not just costly—it is dangerous.

    The issue is not just technical. The delayed passage of the Electoral Bill stems from political economy challenges. Reforms threaten power networks and patronage, making change contentious rather than consensual. Without sustained pressure from citizens, civil society, media, and partners, momentum for reform fades once electoral crises subside.

    There are reasons for cautious optimism. Recent reforms show progress when broad coalitions back change. Civil society advocacy, court decisions, media scrutiny, and international inputs further reform. Debates on electronic results and early voting have entered public discourse, raising standards and expectations.

    Nigeria cannot afford to repeat the mistakes of delayed reform. Immediate, forward-looking action on electoral law-making is essential. Reforms must be completed before election cycles to allow institutions and voters to adapt. The National Assembly must act now, as a matter of national urgency, to rebuild trust through timely, transparent reform.

    Equally important is strengthening enforcement. Effective implementation and enforcement are essential to transforming legislative reforms into credible electoral practices and to building lasting public trust.

    The lesson is clear and cannot be ignored: democracy cannot survive on last-minute fixes. Action is imperative—and it is needed now. The National Assembly, particularly the Senate, must pass and transmit the Electoral Bill to the president for assent without further delay to secure Nigeria’s democracy ahead of the 2027 general elections.

    •Austin Aigbe,

    Abuja.

  • Electoral bill: APC reaches out to Senate, Reps caucuses to resist PDP’s plot

    •NWC meets Tuesday

    In spite of its numerical strength in the National Assembly, the All Progressives Congress (APC) is not underestimating the threats by the Peoples Democratic Party (PDP) to override President Muhammadu Buhari’s veto of Electoral Amendment Bill 2018

    The party is reaching out to the leaders and members of its caucuses in the Senate and House of Representatives to resist plot by the opposition.

    The National Working Committee of APC will on Tuesday meet on the bill, reconciliation reports, and the 2019 poll campaign.

    Investigation by our correspondent indicated that the PDP has been plotting how to ambush the APC to override the president’s veto in the two chambers.

    But having got wind of the covert moves, APC caucuses have been trying to mobilise their members to attend sittings.

    Some members of the APC caucuses have also put their travel plans on hold until the National Assembly proceeds on break for Christmas this week.

    A top source said: “The APC leadership is keeping a tab on the development in the National Assembly on the Electoral (Amendment) Bill 2018.

    “It is already reaching out to the leaders and members of the caucuses in the two chambers to resist the plans to override the President’s veto.

    “The party’s position is that the president gave cogent reasons for withholding his assent and we will stand by him to place national interest above personal consideration.

    “The NWC will meet on Tuesday to review the development on the bill, reconciliation reports and strategies for 2019 poll campaign.”

    When contacted the National Publicity Secretary of APC, Mr. Lanre Issa Onilu said: “The PDP cannot have the number to override the president’s veto because we are in the majority.

    “The president has acted in national interest, we will ask our members in the National Assembly to resist any attempt by those who do not have good intention for this country to cause crisis with the Electoral Bill.

    “We are not taking things for granted but I can tell you that since those destructive elements left APC, our party has been close-knitted and our members in the National Assembly more united.”

    A ranking member of the House said: “The problem with PDP is how to secure the number to overrule Buhari. They can never get it because the bill affects all of us, especially those seeking re-election.

    “We will use the Electoral (Amendment) Act 2014 put in place by the same PDP when it was in power. The Chairman of the Independent National Electoral Commission (INEC), Prof. Mahmoud Yakubu, said the agency could work with the existing laws.”

    On his part, a former Senate Leader, Sen. Ali Ndume said the “Electoral (Amendment) Bill 2018 is now history.

    “The PDP is kicking on everything because they see imminent failure in 2019 poll. We will not allow them to secure the number to override the president’s veto.”

     

  • Electoral Bill: APC, PDP in verbal war

    President Muhammadu Buhari’s decision to veto the Electoral Act Amendment Bill sparked a fresh verbal confrontation between the ruling All Progressives Congress (APC) and the opposition Peoples Democratic Party (PDP) yesterday.

    While the APC alleged a plot by the PDP to hack into INEC’s data base if the bill had succeeded, the opposition party said its rejection by the President was part of the plans by the ruling party to rig the 2019 elections.

    Speaking with reporters in Abuja yesterday, the Deputy National Publicity Secretary of APC, Yekini Nabena, said the PDP was perfecting plans to use Russian agents to hack into the data base of the Independent National Electoral Commission (INEC) to manipulate the results of the 2019 elections.

    He said the PDP and its presidential candidate, Atiku Abubakar, were insisting on the President signing the Electoral Act amendment bill into law because it would afford them the opportunity  to carry out the plans they had hatched during their recent Dubai outing.

    Some of the proposals in the 2018 Electoral Act amendment bill rejected by the President include electronic transmission of results, submission of list of candidates not earlier than 120 days before primary and not more than 90 days to election and ceding the power to order elections to the National Assembly instead of INEC, among others.

    But Nabena wondered why the opposition party were afraid of using the 2015 Electoral Act for the elections when they were the ones that created it in the first place.

    “Is it the APC that created the incident form?” Nabena queried

    He alleged that complaint about the president not signing the electoral act was one of the strategies being employed by the PDP to create tension in the electoral process after failing to incite organised labour against the government over the minimum wage issue.

    He said: “The electoral Act we are using now was created by the PDP.

    “You created a bill and now you are afraid to use the bill that you created. Does that sound right?

    “What the PDP is doing right now is playing out what they designed in Dubai.

    “They started with inciting a strike from Labour on the minimum wage to cause problem in the country, it didn’t work.

    “They brought ASUU strike which also did not work and they now tried to create fuel scarcity. These were all part of the plots they planned in Dubai.

    “The next plan is snow on the Electoral Act amendment bill. Their plan is that if the President refuses to sign the bill, they will go and demonstrate, and we are waiting for them.

    “How can you put in the bill that once the votes are cast, you just transmit instead of counting first? That is part of their Dubai plot.

    “They planned to bring some Russians to help them hack into the system. That is their joker. Once the President signs the bill, they will just bring in the Russians to help them hack into the system.

    “They have their plan to hack into the system, input their figures after results have been transmitted electronically, which will now be announced.

    “We all know what they are trying to do. They are also trying to bring money into the system.

    “All these vote buying won’t work because they have failed this time around.

    “Look at Obasanjo who is talking. PDP set up all these electoral bills. Was it the APC that introduced incident form? So, why are they afraid of their own shadow?

    “Let us just pray that God will see us through this election.”

    ‘Opposition plotting national crisis’

    Nabena was emphatic that recent agitations and strike notices were part of the plots by the opposition “because they want those distractions in the system so that they will tell Nigerians that APC cannot handle the situation in the country.

    “You can see that everybody is now coming out to demand what they think is due to them in one way or the other because they know that the election is coming. They want that distraction so that they can capitalize on that.”

    The APC spokesman also said that the militancy in the Niger Delta and attacks on pipelines have been curtailed because of the leadership brought to bear on the nation by President Buhari, alleging that those responsible for the pipeline attacks were the same people getting the contract to protect them.

    He said: “That is where you see the difference. A man from the Niger Delta was there. It is still the same people that negotiated with the people that are blowing up the pipelines.

    “Who are the people that own the contract to monitor the pipelines? Who are the people that goes back at the end of the day to do the job?

    “But in this administration, there is no space for that.”

    APC conniving with INEC to rig 2019 polls —PDP

    Addressing a press conference in Abuja yesterday, spokesman of the PDP, Kola Ologbondiyan, alleged APC’s desperation to foist President Buhari back on Nigerians against the wish of the majority.

    He said: “The whole world has now seen that the only reason President Buhari has refused to sign the Electoral Act is because he knows that there is no way he can win in a peaceful, credible, free and fair election.

    “President Buhari is not ready for elections. His only hope in contesting the election is getting INEC and security forces to assist him and the APC to rig.

    “For PDP, our party and Presidential candidate, Atiku Abubakar, are ready for the election, but we caution INEC under Prof. Mahmood Yakubu to note that by playing the Buhari/APC rigging script, it is running on collision course with the people.

    “This anti-democratic tendency may attract dire consequences as Nigerians are now, more than ever before, ready, willing and resolute to take back their country from the incompetent, divisive and arrogantly corrupt Buhari administration, come 2019.  Enough is Enough.”

    Ologbondiyan added: “Having realised that there is no way they can win in a credible, free and fair presidential election, the Buhari Presidency and the APC, in cahoots with the Independent National Electoral Commission (INEC), have been engaged in series of provocative machinations aimed to corrupt the electoral process, trigger violent dissentions and ultimately derail our democratic process.

    “You will recall that on Thursday, the PDP vehemently rejected the plots by INEC and the Presidency to rig the election by creating illegal polling centres in Chad and Niger Republic, under the guise of ‘special arrangement’ for displaced Nigerians in those countries to participate in the presidential election.

    “The PDP had exposed the plot to use such illegal centres for allocation of fictitious votes, massive ballot stuffing, voting by aliens, underage and unregistered persons to pull millions of fictitious votes in favour of President Buhari.

    “Having been busted, INEC beat a retreat only to invent a fresh ruse by announcing that the ‘special arrangement’ would only be for Internally Displaced Persons (IDPs) within the shores of Nigeria while secretly retaining the illegal offshore voting plot.”

    The party spokesman said intelligence available to the PDP indicated that instead of the open offshore voting centres, the Presidency had directed INEC to circumvent the checks by secretly opening illegal voting centres at the desert fringes and remote border lines with Chad and Niger, and use them to achieve its original plans to rig the presidential election.

    According to the main opposition party, part of the plot is to use the illegal remote centres, which will not have functional Smart Card Readers, to allow unchecked voting by aliens, and underage persons as well as provide the unlimited latitude for allocation of fictitious votes for President Buhari and the APC.

    The PDP also alleged plots to compromise security personnel operating in the affected areas to provide official cover for the rigging plot.

    The PDP said: “Furthermore, it is instructive to inform Nigerians that as part of the Buhari Presidency’s rigging plot, INEC has been instructed to deploy defective Smart Card Readers to IDP camps, particularly in some strategic northern states, to pave way for direct manipulations, including alteration of voter register and voting by unregistered persons, particularly with the foreclosure of incident forms for manual accreditation.

    “This grand plot to rig is the essential reason President Muhammadu Buhari has deliberately refused to sign the amendments to the Electoral Act, which among other things checked manual manipulation by insisting on the use of card readers for biometric accreditation of voters and elimination of over-voting.

    “It is clear that the Buhari Presidency is desperate to re-enact the same rigging scenario, which, in 2015, allowed 13.5 million unauthorized persons to participate in the presidential election, paving the way for the illegal allocation of millions of fictitious votes to President Buhari and we urge Nigerians to unite in condemnation of this ignoble scheme.

    “The PDP therefore rejects, as completely deceptive, the untenable assurances and lip service by this overtly compromised INEC that it can deliver a credible election without an across-the-board biometric accreditation of voters and the use incidence form.

    “Our party completely rejects the plan by INEC to substitute biometric accreditation with manual verification on self-recognition and thumbprint on the voters register.

    “Such primitive method of accreditation only opens the way for unlimited rigging, multiple, underage and alien voting, as well as ballot stuffing which will afford President Buhari and the APC (the chance) to manipulate themselves back to power against the wish of majority of Nigerians.

    “The PDP, therefore in very unambiguous term, cautions INEC under Prof. Mahmood Yakubu not to be used to set our nation on fire but to immediately retrace its steps and untangle itself from the wicked scheme of the APC as Nigerians will never allow them to have their way.

    “For the purposes of emphasis, the PDP rejects all forms of fraudulent “special arrangements” tailored to rig this election. Our party insists that elections must only hold in statutorily designated polling centers across our country.

    “The PDP and indeed, Nigerians are not ready to accept any fabricated result from any illegal polling center created to assist President Buhari to rig the election.”

    Way out of APC crisis —Nabena

    Speaking on the reconciliation efforts of the APC, Nabena lamented the selfish motives of some of the aggrieved party members, but said that the party must be ready to play give and take as a way of resolving the crisis in the party.

    He said: “There is no doubt that people are aggrieved, but the good thing about APC is that there are people who love the party and the President genuinely.

    “But there are people acting purely for their own selfish interest. For those who are acting on selfish interest, what do you want to give to them in the process of this reconciliation?

    “You must have something to give to the next person for him to fall in line. But if you have nothing to offer him, what do you expect?

    “So, when you set up peace and reconciliation committee, you must be sure that you achieve results.

    “If I wanted to be a senatorial candidate and I did not get that, I will be looking out for whatever you want to offer me.

    “The committees must have a package for such people from the party or the national chairman.

    “Look at what is happening in Rivers State right now. We have some people that genuinely believe in the party and the President, but right now, they have gone to other parties but still working for the President.

    “But there are those who are saying it must be me or nothing else. What are you going to do with such people?

    “If you watch closely, all these people are not talking about the Presidential election. Where we are going to have problems as a party is the fact that some governors who were not given their preferred candidates may work against the party in such places out of selfishness.

    “The chairman tried his best even though he has his own faults because he is human. But because of selfish interest, some of the governors wanted all the candidates from their states to be their preferred candidates. Such governors are likely to support their candidates who have moved to other parties.

    “As a party, we have to be very careful so that we don’t have problems in the future, and that is why the committees must put up something for these people. It is evident that we are going to lose some senators because the governors will want to support their own candidates.

    “If these senators don’t make it, they will also turn round to work against the governors during their own elections. So, that is part of our internal problems.

    “That is why the committees must have the necessary give and take. Otherwise, they may not achieve the purpose for which they were set up.

     

    Senate APC Caucus will resist moves to override Buhari’s veto —Gumel

    Senator Abdullahi Gumel (APC Jigawa) has said that the Senate Caucus of the All Progressives Congress (APC) will resist fresh moves to override President Muhammadu Buhari’s veto of Electoral Act (Amendment) Bill, 2018.

    Gumel, a member of the caucus who made this known in an interview with the News Agency of Nigeria in Abuja, said the caucus would do everything possible to stop the move.

    According to him, in spite of misleading reports that APC is now in the minority, the party is still in the majority and will ensure that those working to override the President’s veto do not succeed.

    “We the APC caucus are with the President. Even if they want to override him, the APC caucus is in majority. So, they do not have the number.

    “One of the concerns of the President about the bill is the provision for transmission of results electronically.

    “It is not just picking a telephone and transmitting results. It is through an equipment.

    “And it means 150,000 polling booths in the country, transmitting results from the booths to five places: state assembly, collation centre of House of Representatives, collation centre of senate to collation centre of the states to national data bank.

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    “So, the results from these five places multiplied by 150,000 is enormous.

    “INEC is yet to buy the equipment and people are not trained on this transmission and election is two months away.

    “So, there is no way INEC will be able to transmit the election electronically even if the bill is signed into law by the President.

    “Also, the ECOWAS protocol on elections should not be wished away.”

    The lawmaker said reports that some APC lawmakers who lost in their bid to return in 2019 were teaming up with the opposition to override the President’s veto were not true.

    He said all APC lawmakers both in the Senate and House of Representatives were still working together and solidly behind Buhari.

    “So, the fear that some aggrieved APC lawmakers might work with PDP and other opposition parties to override the President’s veto is nothing for us to lose sleep over.

    “Forget about being a candidate or not being a candidate; APC caucus is intact.

    “For instance, I am not a candidate for the 2019 election, but I am still an APC Caucus member,” he said.

    Gumel said those who held the view that Buhari declined assent to the bill because he was afraid of losing the 2019 election should look for a better allegation.

    He pointed out that the Buhari he knew would not be afraid of losing elections.

    President Buhari had on December 6 declined assent to the Electoral (Amendment) Bill 2018 for the fourth time.

    In a letter to the National Assembly, Buhari said he withheld assent principally because passing a new electoral bill deep into the electoral process for the 2019 general elections could create uncertainty about the applicable legislation to govern the process.

    The President also listed some drafting errors in the amendment bill.

     

  • 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.

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    “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.

  • Electoral Bill: Obasanjo signed ECOWAS Protocol, says Enang

    With the revelation by the Presidency that former President Olusegun Obasanjo signed the ECOWAS Protocol, which bans any West African country from making substantial amendments to its electoral laws less than six months to its general elections, the row over the Electoral (Amendment) Bill 2018 is set to grow.

    The Presidency insisted yesterday that besides the reasons given by President Muhammadu Buhari for not signing the Bill, it will  also stick to the ECOWAS Protocol in not signing the document.

    There were indications last night that the Presidency and the All Progressives Congress (APC) were reaching out to the party’s caucuses in the National Assembly to resist any plot to override the President’s veto.

    The position of the Presidency was made known in an exclusive chat with The Nation in Abuja by the Senior Special Assistant to the President on National Assembly Matters, Sen. Ita Enang.

    Enang said contrary to the claims of those opposed to Buhari’s veto, “the President has no hidden agenda in refusing to assent to the Electoral Act (Amendment) Bill 2018”.

    He said: “Besides the patriotic reasons given by the President in withholding his assent in the letter sent to the National Assembly, the ECOWAS Protocol prevents Nigeria from amending its Electoral Act less than six months to its general election.

    “The ECOWS Protocol was signed by ex-President Olusegun Obasanjo on December 21, 2001 with about 14  other presidents and Heads of government in ECOWAS nations. Under the PDP administration led by ex-President Obasanjo, the Protocol was signed by 15 countries.

    “The law says no substantial amendment should be made to the electoral laws of member countries less than six months to the date of the election, unless all the political parties/ actors agreed to it.

    “Already, some parties have gone to court, seeking a declaration to stop the President from signing the Electoral (Amendment) Bill 2018 into law. There is no unanimity of opinion by the parties and actors.

    “Therefore, we  are bound by that Protocol. And President Buhari, as the current chairman of ECOWAS, will not take any action to violate the Protocol. He should show example.”

    Responding to a question, Enang said: “As far as the Presidency is concerned, there is no hidden agenda; it is about putting national interest  above any other consideration.

    “If you follow the events in Guinea Bissau, or one other country, the President brought in electoral laws two months to the election and there has been tension.”

    Asked to be specific on the next step by the Presidency, Enang said: “The President has declined his assent, but he will sign if the National Assembly indicates that the effective date for the Electoral (Amendment) Bill 2018 will be after the 2019 polls. The President does not want to cause a crisis.”

    He dismissed the allegations  by the Peoples Democratic Party(PDP) that the Buhari administration was out to rig the 2019 poll by withholding assent to the bill.

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    Enang said the PDP administration put 2010 Electoral Act, which was amended in 2014, in place and he could not understand why the main opposition party was complaining about its own laws.

    He said: “The allegation of rigging was just invented by PDP. Is it not the same law that was used for 2015 poll? Was the poll rigged?

    “”And even the amendment they are talking about, it only says ‘the Independent National Electoral Commission (INEC) shall deploy electronic voting and card and such other means’.

    “They should go and prepare for elections under the 2010 Electoral Act as amended in 2014. This was the same law the PDP used in conducting elections which the APC won in 2015.

    “They should also examine that since Buhari came into office, the same Electoral Act was used to conduct governorship elections in Bayelsa, Anambra, Edo, Ondo and Osun states. They all used card readers. These elections were won by APGA, PDP and APC respectively. Why are they complaining about the Electoral Act?”

  • Electoral bill: CSOs back Buhari

    Coalition of Civil Society Organisation for Justice and Equity (CCSO-JE) yesterday backed the decision of President Muhammadu Buhari not to sign the 2018 Electoral Amendment Bill passed by the National Assembly into law.

    The CSOs said President Buhari’s refusal to sign the electoral bill into law was in the best interest of the nation at this particular time considering its closeness to 2019 elections.

    CCSO-JE Chief Convener Olayemi Success, who read the statement jointly signed by the eighteen CSOs at a briefing in Abuja, said passing the electoral bill into law could put next year’s election in danger.

    According to Success, Nigeria’s democracy is being threatened by conflicting interests as it regards smooth conduct of the 2019 general elections.

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    He said: “We are very much mindful of the fact that Nigeria is just less than 70 days away from the conduct of the 2019 general elections. Therefore, signing the bill at this time will run fowl of Article 2 of the 2001 ECOWAS Supplementary Protocol on Democracy and Good Governance.

    “Nigerians are not ready to entertain any postponement of the 2019 general elections in the name of eleventh honour amendment of our electoral laws. As advocates of democracy, we take side with the action of Mr. President as it is in the best interest of the nation at this particular time.

    “We urge all critical stakeholders in the electioneering process to understand and appreciate the decision of Mr. President to decline assent to the Electoral Amendment Bill 2018.

    “As a matter of fact, the 2015 general elections were adjudged globally as the best, fairest, freest and most credible ever in the history of Nigeria. Those elections were conducted under our existing electoral laws and we see no reason for a sudden change of status quo.”

     

  • Electoral Bill: Override Buhari’s assent, Agbakoba tells NASS

     

     

     

    Former President of Nigeria Bar Association (NBA) Dr. Olisa Agbakoba (SAN) on Monday advised the National Assembly to override President Muhammadu Buhari’s assent on the controversial 2018 Electoral Act amendment Bill.

    Agbakoba, in the letter dated December 10 and addressed to the Senate President, Bukola Saraki, Speaker House of Representatives, Yakubu Dogara, argued Buhari’s reasons for withholding his assent to the Bill were not tenable.

    The letter entitled “Overriding the Presidential decline to assent to 2018 Electoral Act” was also addressed to all members of the National Assembly.

    It reads: “The decision of the President to withhold Assent in respect of a Bill to enact a Law to amend the Electoral Act makes no sense.

    “The final draft Bill considered by National Assembly (NASS), was agreed with the President, precisely to avoid challenges, such as now occurred.

    “The President states that part of the reason he has withheld assent is to avoid confusion as to the applicable legal framework for 2019 elections and the administrative capacity of INEC to cope with the new Electoral Act, as it is all too close to 2019 elections.

    “Distinguished and Honourable members will recall that the major amendment to 2018 Electoral Act relates to electronic technology for the conduct of the 2019 elections.

    “The 2015 elections were partly conducted by INEC, using smart cards (card readers) but the Supreme Court held that smart cards are not allowed, not been included in the Electoral Act 2010.

    “The 2015 elections were also partly conducted by INEC using Incident Forms; in effect smart cards and Incident Forms were both used to conduct 2015 elections.

    “Distinguished and Honourable members of NASS will recall that there was a lot of controversy about the use of Incident Forms as it enabled non accredited persons to vote, questioning the credibility of the elections.

    “In order to remove constraints that will impact the credibility of future elections, such as 2019, the Electoral Act 2010, was amended by the 2018 Bill, to formalize the legal basis of the Smart Cards which was already in use for elections by INEC anyway.

    “It will be recalled that the Supreme Court declared use of Smart Cards as contrary to the Electoral Act 2010, so the 2018 amendment is intended to give INEC a legal basis to use Smart Cards and Electronic Technology.

    “The 2018 Bill also introduced the extremely important procedure of transmitting results of votes from polling units by electronic means.

    “Electronic transmission will remove rigging and enhance the credibility of the Vote Count.

    “INEC says it is familiar with the amendments contained in the 2018 Electoral Bill.

    “INEC has used smart cards at all elections from 2015. INEC has submitted an election budget which provides for Smart Cards and transmission equipment.

    “The President claims that part of the reason for withholding assent, is that INEC will not have enough time to become familiar with the 2018 Bill and that a new Act will generate confusion.

    “This is simply incorrect and flies in the face of INEC’s announcement that it will not use Incident Forms or manual voting in 2019 elections.

    “In other words, INEC is ready to deploy electronic technology for 2019 elections, and only requires that the Electoral Act provides a legal framework.

    “The 2018 Amendments will help to improve the credibility of our elections and also give legal basis for INEC to deploy electronic technology in 2019 elections, following doubts cast by the Supreme Court about the legality of the use of card readers because it was not provided in the old Electoral Act of 2010.

    “Distinguished and Honourable members of NASS, are please please urged to override Mr. President and enact 2018 Electoral Act.”

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

  • 2019 polls: Why Buhari didn’t sign Electoral Bill

    With the National Assembly threatening to veto President Muhammadu Buhari on the Electoral Act Amendment Bill, the controversy seems to be growing.

    President Buhari insists that signing the Bill will undermine credible elections next year.

    Besides, he says it will negate an ECOWAS Protocol which states that no electoral legislation should be passed 90 days before an election, according to Presidency source.

    Nigeria is a signatory to the protocol and the general elections are barely two months away.

    The opposition Peoples Democratic Party (PDP) has urged the National Assembly to veto the bill.

    Peoples Trust (PT) presidential candidate Gbenga Olawepo-Hashim berated the ruling All Progressives Congress (APC) and the PDP for quarrelling over the document.

    He said both parties were playing pranks due to what he described as their hypocritical commitment to the proposed Electoral Act.

    However, a Presidency source yesterday listed the reasons the President withheld his signature to the bill.

    Besides, it was learnt, some senators have vowed to resist any plan by the National Assembly to veto the President on the bill.

    The source, who pleaded not to be named because he is not permitted to speak on the matter, maintained that the bill as passed by the lawmakers was full of “booby traps” that could compromise the credibility of next year’s elections if signed into law.

    According to the source, electronic transmission of election results as provided for in the bill could be manipulated by hackers.

    The source described the controversy over the Electoral Act as an “unnecessary distraction” to blackmail the President into signing the law with his “eyes wide closed”, adding that the document “is a landmine laid in the path of the President by the PDP-led National Assembly, which is determined to force his hands, despite the fact that the President has unambiguously explained his reasons for not signing the Electoral Act”.

    The source said:  ”The Act is fraught with dangers, which, if ignored, could only create chaos and confusion during the 2019 elections.

    “The President is validly worried about the loopholes in the Electoral Act that could undermine the will of the people.

    “Forcing the hands of the President to sign the amended Electoral Act in its present form could result in chaos, thereby truncating the democratic process.

    “We have discovered disturbing evidence that suggests that the nation’s interest has been sold off and all that the PDP will do is to hack into the mandatory electronic transmission of results to write whatever they wish and win. Government is determined to ensure that the votes count in the coming elections and have to do something to thwart their evil plan.

    “There is the issue of the so-called ‘fusion of votes’ by which the votes of party members in an alliance, without any form of merger can be counted for a candidate other than their own.”

    The President had on Friday returned the Electoral Act (Amendment) Bill 2018 to the National Assembly, urging the lawmakers to revisit his earlier observations on what he called “observed errors”.

    President Buhari in his December 6 memo addressed to Senate President Bukola Saraki and House of Representatives Speaker Yakubu Dogara, urged the lawmakers to save democracy by ensuring the law comes into effect after next year’s elections.

    It was the fourth time the President will rejected the bill.

    But the House of Representatives, through its spokesman Abdulrazak Namdas, said the President’s memo had not been officially communicated to the Green Chamber.

  • Electoral bill: Senators, Reps in battle to override Buhari’s veto

    •Ndume: PDP, others do not have the number to override Buhari •NASS faces legal obstacle

    A fresh battle is brewing in the National Assembly between supporters and opponents of President Muhammadu Buhari following his rejection of the   Electoral (Amendment) Bill 2018.

    Some Senators and members of the House of Representatives are plotting to override the President’s veto.

    The plot was said to have been mooted after some of the anti-Buhari legislators got wind of the President’s decision on Thursday.

    Buhari’s letter on his decision to reject the bill reached the leadership of the National Assembly on Friday.

    A former Senate Leader Ali Ndume and a supporter of the president believes those plotting to override Buhari  cannot muster the two- thirds majority to carry out their threat.

    He said the Peoples Democratic Party (PDP) is behind the plot and will fail.

    Investigation by our correspondent showed that some pro and anti-Electoral (Amendment) Bill 2018 held separate meetings in Abuja on Friday and yesterday on the way forward.

    While those in PDP opted to override the President’s veto, those in APC are backing Buhari because the bill might ‘distort’ preparations for the 2019 poll.

    Some members of the National Assembly, especially those from the North are angry that the opposition is politicizing the bill.

    They alleged that some of their colleagues have been insinuating that the bill was meant to check rigging in the North. At  a meeting of the anti-Buhari legislators  held in Maitama District Abuja ,participants  agreed to override the President’s assent.

    They also plotted to “make a political capital of the presidential decline by putting Buhari on the spot and portraying him as not ready to conduct   free and fair polls.”

    They also reached a consensus to mobilize civil society organizations to mount pressure on the international community against Buhari.

    Another drastic option is a suggestion by some Senators and Representatives to make the signing of the bill a condition for the presentation of 2019 Budget by Buhari.

    A ranking Senator said: “We have resolved to override the President’s assent because his reasons are really untenable. No one is out to derail the 2019 polls. Instead, the bill contains some amendments that will ensure a free and fair process.

    “Although we had anticipated it, we got to know of the decline by the President on Thursday. The President cannot have his cake and eat it this time around.”

    A second term member of the House of Representatives, who attended a separate stock-taking session in Asokoro District, said: “Some of us are backing the President because certain provisions are difficult to implement due to time constraint.

    “For instance, Section  44 of the bill states that parties must be invited to inspect their identities and  show whether they approve or otherwise of how they are represented on electoral materials.

    “This amounts to interference in INEC’s work. Why should parties be privy to how ballot paper is designed?

    “Having awarded the contract for ballot papers, the National Assembly cannot draw back the electoral commission.”

    A Senator from North-Central admitted that Senators and Representatives have been holding consultations along what he described as ‘our fault lines.’ “The truth is that the nation needs more time to adopt the Electoral (Amendment) Bill 2018. We have met and our position is that the bill should take effect after the 2019 poll.”

    A member of the House of Representatives from Sokoto State said: “I do not see those in support of the bill getting two-thirds to override the President’s veto.” A former Senate Leader, Senator Ali Ndume told our correspondent it is impossible for those anti-Buhari Senators and Representatives to secure two-thirds to override the veto on Electoral Bill.

    Ndume said: “The President has his reasons but there is Article 2 of ECOWAS Protocol on Democracy and Good Governance that prohibits passing of a law within a period shorter than six months to the election.

    “The President has the right to withhold his assent. I am standing with Mr. President on his decision.

    “The threat by PDP that they would override Mr. President is just their usual dream because they don’t have the number and they will not have the number.

    Responding to a question, Ndume said:  “Did Mr. President threaten to rig the 2019 poll? Anybody threatening or raising alarm about rigging is the rigger. Buhari by his personality and character is not somebody that will rig election or encourage rigging.

    “Let me add that the same Buhari went into election because PDP rigged three times. They think everyone is in the same position like PDP or would take advantage to rig election.

    “We assure them that APC will not rig elections because it is not in our character.”

    There were indications at press time  that the National Assembly had a legal hurdle to cross in overriding the President because of a case in court.

    Three political parties have filed an action at the Federal High Court, Abuja seeking an order of the court to stop President Muhammadu Buhari from assenting to the Electoral Amendment Bill 2018.

    The parties are Advanced Peoples Democratic Alliance, (APDA), Allied Peoples Movement, (APM) and Movement for Restoration and Defence of Democracy (MRDD).

    They also asked the court to declare that signing the bill into law would truncate the 2019 general election.

    The respondents in the suit are the Senate President, the Speaker, House of Representatives, the INEC Chairman and the Attorney-General of the Federation

    It was learnt that until this matter is disposed of by the court, any action taken by the National Assembly on the bill will be subjudice.”

     

  • ECOWAS protocol bars Buhari from signing Electoral Bill, says Ovie Omo-Agege

    President Muhammadu Buhari would have been in breach of the ECOWAS Protocol on Democracy and Good Governance if he had signed the Electoral Act (Amendment) Bill , according to  Senator Ovie Omo-Agege (Delta Central).

    Omo-Agege told the News Agency of Nigeria (NAN) that Article 2 of the protocol forbids member countries from making ‘substantial modification’ to their electoral laws less than six months to elections “except with the consent of a majority of political actors.”

    The senator argued with the elections less than three months away, signing the bill would violate the ECOWAS instrument.

    The presidential and National Assembly elections are slated for Feb. 16, 2019 while those for governorship and State Houses of Assembly elections are scheduled for March 2.

    ”I have yet to see the president’s letter to the Senate, but this bill means so much to Mr President. On a good day he would want to sign it,” Omo-Agege said.

    He added: “However, without even seeing the reasons he has advanced so far, I am aware of the challenges posed by the ECOWAS protocol.

    “I don’t know if that is part of the reasons he has advanced, but with the bill coming two months or thereabout before the election, assenting to it will breach the protocol.”

    Buhari did not mention the ECOWAS instrument as part of his reasons for declining assent to the bill for the fourth time.

    The president’s latest decision came in a letter dated Dec. 6, 2018 and addressed to both chambers of the National Assembly.

    He said signing the amendment bill with elections close by could “create some uncertainty about the legislation to govern the process”.

    “Any real or apparent change to the rules this close to the elections may provide an opportunity for disruption and confusion in respect of which law governs the electoral process.”

    Buhari asked the National Assembly to specifically state in the bill that the amended Electoral Act would come into effect after the 2019 general elections.

    Reacting to the development, Sen. Peter Nwaoboshi, who represents Delta North on the platform of the opposition Peoples Democratic Party (PDP), said the reasons given by the president were “untenable”.

    His words: “It is not a good reason for him not to sign the bill because the Senate worked with INEC (Independent National Electoral Commission) in preparing that bill.

    “If INEC felt otherwise, they would have advised us when we were working on it.

    “You are aware of the controversy that this issue of amendment of the act has generated, with people accusing the Senate of not wanting to amend the act.

    “We amended it, but he declined assent the first, second and third time; he made certain observations, which we agreed with.”