Nigeria`s lower legislative chamber, the House of Representative on Tuesday suspended the attempt to override President Buhari`s accent on the new amendment to the Electoral Act of 2022, which is intended to allow statutory delegates participate in party primaries.
The legislators move to override President Buhari`s accent stems from his silence on the amendment, which was transmitted to him for his accent since the 12th of May 2022. It is already over 30 days, within which he is required to either sign or formally reject his accent.
Till date the president has neither rejected nor signed the amendment, even though the amendment was passed by both houses – the Senate and House Representatives, under the leadership of “loyal party members” of the ruling All Progressive Congress (APC).
This move by the House is aftermath of what transpired during the just concluded conventions by the political parties, during which flagbearers for different positions in the upcoming general elections were elected during and before the conventions.
More than 150 sitting members of the House failed in their bid to return to the House, because they were unable to clinch their party tickets, which was mostly because they had no control over the party delegates who voted in the primaries.
These delegates were chosen by their state governors, who is most cases, did not want the sitting members back and worked against their interest.
“Most of these members have fallen out with their state governors, which made it difficult for them to get the support of the delegates, who were selected by the governors, because they had full control of the party structures in their states”, an APC source told Clariform.
The motion for overriding Buhari`s accent was brought by Ben Igbakpa, pursuant to Section 58 of the Nigerian Constitution 1999 (as amended), which provides that:
“which states that 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”
However, during Tuesday`s sitting, the motion was stepped down indefinitely on the prompting of the Deputy Speaker of the House. He moved for the suspension of the motion to override Buhari`s accent because it requires 2/3 majority of members sitting, and that current motion violets the procedure for overriding the President.
Therefore, on his advice, the sponsor of the motion, Rep Ben Igbakpa concurred and stepped down his motion, thereby leading to the suspension of the process to override the president`s accent.
However, Clariform reports that the motion by Ben Igbakpa already noted clearly that “Section 58 of the Constitution of the Federal Republic of Nigeria, 1999 empowers the National Assembly to override the President when he vetoes a Bill or fails, refuses and/or neglects to act thereto, through a two-third majority vote;”
A Clariform reporter sort for more clarification on what really went down behind the scene and our source said that there is an ongoing “appeasement move from the executive on the issue.”
She noted that the president`s delayed will be resolved soon: “There is some form of appeasement move from the executive on the issue. Mr President will soon make good his signature. It will all soon be sorted out as a family matter”, she said.
NOTABLE QUOTES
Below are extraction of the motion by Rep Ben Igbakpa, which Clariform has obtained:
Need to Invoke Section 58(5) of the Constitution of the Federal Republic of Nigeria, 1999 to Pass Again the Electoral Act, 2022: Hon. Ben Rollands Igbakpa
The House: Notes that by virtue of section 58(1) of the Constitution of the Federal Republic of Nigeria, 1999, Laws shall be exercised by Bills passed by both the Senate and the House of Representatives and, except as otherwise provided by Section 58 (5) of the Constitution, assented to by the President;
Aware that on Thursday, 12 May, 2022 the National Assembly transmitted to the President for assent, the Bill for an Act to Amend the Electoral Act, 2022 which amended Section 84(8) of the Electoral Act, 2022 to allow Statutory Delegates to participate in Political Parties Congresses and conventions;
Also aware that by virtue of the provision of Section 58(4) the President has 30 days to assent to the aforementioned Electoral Amendment Act, 2022 or formally communicate to the National Assembly his decision to decline assent; Concerned that the time frame for the President to assent or decline assent to the Bill has elapsed since 11 June, 2022;
Also concerned that the actions or inactions of the President to perform his constitutional duty is an affront to Section 4 of the Constitution of the Federal Republic of Nigeria, 1999 which empowers the National Assembly to make laws for the peace, order and good government of the Federation or any part thereof;
Conscious that Section 58 of the Constitution of the Federal Republic of Nigeria, 1999 empowers the National Assembly to override the President when he vetoes a Bill or fails, refuses and/or neglects to act thereto, through a two-third majority vote;
Worried that the continued inaction of the President in either assenting or vetoing the Bill has left a lacuna in Nigeria’s constitutional democracy which portends danger to the 2023 electoral process and other subsequent staggered elections of some states thus, leaving the Congress of Political Parties in the hands of Ad-hoc delegates to the detriment of statutory delegates;
Convinced that a prompt action by the Honourable House to cure the patent constitutional lacuna is imperative by invoking Section 58 (5) of the constitution which states that 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;
Resolves to: (i) Invoke Section 58(5) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) with respect to the Bill for an Act to Amend the Electoral Act, 2022 i.e Amendment of Section 84(8) thereof to allow Statutory delegates to participate in Political Parties Congress and convention;
(ii) Communicate the position of the House of Representatives to the Senate for concurrence.
