Electoral Bill: Senators gather signatures to override Buhari

SENATORS not comfortable with the decline of anticipated assent to the Electoral Act Amendment Bill by President Muhammadu Buhari are gathering signatures to override him in a bid to pass the Bill into law. 

Investigation revealed that immediately after reading the letter from President Buhari, which explained why he decided to withhold his assent, President of the Senate, Ahmad Lawan, called for a closed door session. 

A source revealed that while Senator Lawan tried to pacify the lawmakers, some of them were adamant and insisted that the Red Chamber should make recourse to its veto power, as enshrined in the constitution. 

The Senate, which went into a closed-door session over the consideration, adjourned Tuesday’s session till today, where a decision over the matter is expected to be made. 

By virtue of provisions of Section 58(5) of the 1999 Constitution, where the President withholds his assent on a Bill, it could be passed into law by two/thirds majority of the National Assembly. Section 58(5) reads in part: 

”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. 

“If the president withholds his assent and it is again taken to both Houses of the National Assembly, two-thirds majority of both Houses must pass the Bill. If two-thirds majority in each House pass the Bill, then that Bill becomes law and the presidents’ Assent i.e. approval is no longer needed or required.” 

Speaking with newsmen after Tuesday plenary, Senator representing Rivers East, George Sekibo, dropped the hint that senators were not relenting in retaining direct primaries as the sole option for political parties to pick their candidates. In an interview later on Tuesday evening with Channels Television, he said some senators were considering a veto of the bill. 

According to Sekibo, a total of 73 signatures had been compiled to override the president. Senator representing Benue South, Abba Morro, also confirmed the orchestrated plot to override President Buhari. 

“The reasons given by the president to withold assent, to my view and the views of majority of senators, are not enough because all stakeholders have acknowledged the fact that the amended electoral act as it is today contains fantastic provisions that could deepen democracy. 

“If we reject the amended electoral bill because of direct primaries, then it will be very unfortunate. 

“If it’s because of direct primaries, the president reject the will of the people. I can assure you that myself and my colleagues are prepared this time around to override the president,” he said. 

Another senator who spoke on condition of anonymity told Nigerian Tribune that lawmakers were not ready to shelve the plot to override President Buhari, despite appeals by Senator Lawan. 

Asked if their counterparts in the House of Representatives are privy to the plan, the senator said, “we have a majority of willing team in the House of Representatives, because the idea of the direct primaries emanated from the lower chamber and it was not original to us in the Senate.” 

Speaking on the development, Speaker of the House of Representatives, Honourable Femi Gbajabiamila, assured that the parliament would decide the fate of the Electoral Act (Amendment) Bill 2021 in January, on resumption from the Christmas and New Year holiday. 

Gbajabiamila, while delivering his end-of-the-year speech, shortly after reading the president’s communication to the House on his decision not to assent the Bill, promised Nigerians that the parliament will not throw away the bill just because President Buhari declined assent over direct primaries clause. 

According to him, “when we return in the New Year, we will resume our efforts to reform the electoral system in our country. And we will do it together. That is what the Nigeria people expect of us and we will do our duty for God and our country. “Whichever way it pans out, we must not throw out the baby with the bath water and must deliver a credible and enduring electoral system to Nigerians. Every law is a living document and as long as it has breath, it must survive.” 

Options before NASS — Senate spokesman 

Senate spokesperson, Ajibola Bashiru, listed four options before the National Assembly, following the decision of President Buhari to decline assent to the Electoral Act (Amendment) Bill. 

Bashiru listed the four options while featuring on a Channels Television programme on Tuesday evening. 

One of the options before the National Assembly, according to Bashiru, is to abandon the amendment bill since the President has refused assent. 

If the abandonment option is adopted, he noted that the nation will simply conduct the 2023 election in accordance with the existing Electoral Act which requires a lot of amendment for the nation to achieve free and fair election. 

Another option, he said, is if majority of lawmakers are convinced that the president’s arguments should be looked into and the bill revised to accommodate those arguments. 

A third option, according to him, is for the National Assembly to simply delete, in its entirety, the contentious aspect of direct primaries and ensure that other aspects of the Electoral Act become law. 

He added that last option is to override the veto of the president by getting twothirds majority of each of the Senate and House of Representatives to pass the bill. 

Picking holes in the president’s letter, Bashiru described the argument on high cost of conducting primaries using the direct mode as presumptuous and totally fallacious. 

Buhari a beneficiary of direct primaries —Falana 

Leading rights advocate, Mr Femi Falana, a Senior Advocate of Nigeria (SAN), upbraided the presidency for providing misleading reasons in rejecting the Electoral Amendment Bill. 

He, therefore, encouraged the National Assembly to o override the executive, alleging that the current administration is preparing ground for a rigged 2023 poll. 

Falana pointed out the hypocrisy in President Buhari’s defence of his rejection of the bill, by pointing out he was a recent beneficiary of direct primaries. 

In the e-statement made available to Nigerian Tribune, the leading lawyer lamented that the president was throwing the baby away with the bath water by declining assent to the Bill, because it made direct primaries mode compulsory for electing candidates. 

He said, “The reason adduced for the rejection of the Electoral Amendment Bill is grossly misleading. Section 87 of the current Electoral Act provides for either direct or indirect primaries. In fact, the APC used direct primaries for the emergence of its presidential candidate in 2019. In other words, President Buhari is a beneficiary of direct primaries. 

“By rejecting the Bill on the ground that it provided for direct primaries, the presi- dent decided to throw away the baby and the bath water. Thus, the president rejected electronic voting which he had endorsed when he admitted that he is a beneficiary of electronic accreditation of voters by the use of card readers. 

“With respect, direct primaries is in consonance with Section 223 of the Constitution which has imposed a duty on political parties to elect their officers through democratic elections. There is no provision in the constitution for imposition of candidates by moneybags through indirect primaries. 

“The INEC has submitted a bill of N305 billion for the entire 2023 general election. So who conjured the figure of N500 billion for the primaries to give the impression that it is an expensive venture? In any case, since electronic voting had been adopted by the National Assembly, it was going to be used for both pri- mary and general elections. So the cost would have been significantly reduced. 

“The fear of insecurity is a red herring in that political parties have continued to hold huge rallies even in defiance of COVID-19 restrictions imposed by the Federal Government. 

“Having rejected to assent to the Electoral Amendment Bill in 2018 and 2021, President Buhari has confirmed beyond any shadow of doubt that his administration will not allow the Independent National Electoral Commission (INEC) to conduct credible elections in 2023 and thereafter.”

Ortom commends Buhari for declining assent 

Governor Samuel Ortom of Benue State applauded President Buhari for declining assent to the amended Electoral Act. 

Speaking with newsmen in Makurdi on Tuesday, he said there is the need for the National Assembly to reconsider the clause of direct primaries. The governor noted that the electronic transmission of result will deepen democracy and add value to the electoral system. 

He said, “I have been privileged to be a member of various political parties and I know that primaries should be the responsibility of the political parties. Consensus is even better, because it solves the problem of acrimony and unnecessary expenditures. 

“This also gives opportunity to smaller political parties to participate in the process. 

“Just as the Presidency has done this with the Electoral Act, I call on him to do same on the economy and insecurity in the nation. He should listen to views of Nigerians and come out with an architecture in revamping the economy and security of the country.” 

We’re not scared of direct primaries —Govs 

Governors have dismissed the speculation that they are the reason behind President Buhari’s decision to withhold assent to the Electoral Act (Amendment) Bill, saying that they are not scared of the use of direct primaries as the sole means by political parties to elect candidates. Chairman of the Nigeria Governors’ Forum (NGF) and governor of Ekiti State, Dr Kayode Fayemi, stated this after a meeting with Pesident Buhari at the Presidential Villa, on Tuesday. 

Dismissing suggestions that the president had danced to their tune by declining assent to the bill, he told correspondents that governors do not care whether the mode of primaries is direct or indirect. 

Fayemi said having gone through both systems during his first and second primaries to pick his party’s ticket, he is comfortable with either mode. 

The governors forum boss further observed that by declining assent, President Buhari is standing on the side of the people as, according to him, he is neither for nor against direct primaries but wants all options provided for. 

“President Buhari has not objected to direct primaries, neither has he endorsed indirect primaries. He has only said, be fair to all, let all options apply and what you decide should be determined by your own local and peculiar circumstances, being mindful of questions of security, finances and internal democracy. 

“So, I think we all should commend the courage of Mr President to stand with the people. And the president, you know, just like me, is not afraid of whatever mode you decide to use. 

“When I chaired the primaries, the historic primaries that brought him in as a presidential candidate, I was the chair of those primaries in 2014; it was an indirect primaries. 

“But in 2019, when he was coming back, he came back via a direct primaries. So, Mr President has also tasted both. And I don’t think he’s somebody to be lectured about the pros and cons of either processes. 

“What is important is to ensure that whatever process you choose in your particular circumstance still provides a process that is as free a manner as possible. 

“Direct primaries has its own challenges, indirect primaries has its own challenges. A consensus approach is also not without challenges, but options should be provided. 

“That’s all I think Mr President has said; and whether governors are happy or not, it’s really immaterial to governors whether it’s direct or indirect.”

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