Senate throws out Buhari’s fresh request to amend Electoral Act

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3 years ago

The Senate, on Wednesday, rejected the Executive request by President Muhammadu Buhari to amend the Electoral Act signed into law on February 25, 2022.

This followed the failure of the Electoral Act Amendment Bill to scale through second reading on the floor of the Senate during plenary.

The move to reject the bill was signalled by a call from Senator Adamu Aliero for it to be stepped down after the Senate Leader, Yahaya Abdullahi, moved a motion for the bill to be read a second time.

Aliero, who came under a point of order, drew the attention of his colleagues to the provision of Rule 52(5) of of the Senate Standing Order which provides that, “Reference shall not be made to any matter on which a judicial decision is pending, in such a way as might in the opinion of the President of the Senate prejudice the interest of parties thereto.”

He, therefore, advised the upper chamber to step down consideration of the bill pending the vacation of a court order delivered by the Federal High Court, Abuja, on Monday.

According to the Lawmaker, going ahead with the amendment of the Act was in clear conflict with the sub judice rule in law which prevents the legislature from deliberating or considering any matter already before a court of competent jurisdiction.

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“Going ahead to consider the bill obviously will mean that we are disrespecting that order, and this is an institution of the Senate – the symbol of Nigeria’s Lawmaking body.

“We should not be seen to be disobeying the court order. No matter how bad that court order is, we should respect it, Aleiro stressed.

The court, in a ruling delivered by Inyang Ekwo, on an ex-parte application by the People’s Democratic Party, barred President Muhammadu Buhari, the Attorney General of the Federation and the Senate President from tampering with the newly amended Electoral Act 2022.

The Senate President, while ruling on Aliero’s point of Order, insisted that the move by the upper chamber to amend the Electoral Act was in line with exercising its Constitutional duties amid following due process.

“To be specific to this particular request, for us in the Senate, it is to look at the request and follow our due process.

“Looking at the request does not mean granting the request. Members of the National Assembly are at liberty to review the request to see if the arguments by the Executive arm of government are convincing enough.

“So, it is for Senators here to decide to vote for this amendment or vote against it.

“I think we are not breaching any law, in fact, we are trying to promote democracy because to do otherwise may mean that one day someone will go to court and say that the Senate of the National Assembly should not sit.

“At the end of the debate, we are going to vote, and the vote will decide the fate of the bill.

The Senate Leader was then given the floor to lead the debate on the Electoral Act Amendment bill.

Contributing to the debate, Senator Enyinnaya Abaribe (Abia South), kicked against the deletion of Section 84(12) of the Electoral Act Amendment Bill as requested by President Buhari.

He said: “There are certain things that we see which we think we don’t even have to come here to debate.

“One of those rules is the fact that you cannot be a referee and a player on the same field. It is either you’re a referee or a player.

“So, every other place in the world where democracy is practised including Nigeria, we don’t need to be told that if we want to run for office, we have to resign. That is a sine qua non that we don’t even need to debate.

“Yet here we are today in Nigeria, and people think they can sit in an office and contest an election and become candidates and continue to sit in that office until the date of election.

“So, how would we continue to debase democracy in this way?

Smart Adeyemi (Kogi West), who was also opposed to the consideration of the bill said, “one of the hallmarks of democracy is Justice, Fairness and Equity.

“In any election, where people have the added advantage of holding executive power, either by proxy or directly or by appointment, for such people to have access and compete with others who came from the street, I think is an unjust society.

“Therefore, Mr President, I disagree with all the arguments on the need to consider a decision that has already been settled.”

A move by the Deputy Senate President, Ovie Omo-Agege, to sway his colleagues were unsuccessful.

The bill, when eventually put to a voice vote for second reading by the Senate President after its consideration, received a resounding ‘nay’ from Senators in the majority across party lines.