President Muhammadu Buhari has written to both chambers of the National Assembly indicating that he will not sign into law the new 2010 Electoral Act (Amendment), in which the lawmakers introduced a new Sub-Section 25, which rearranged the sequence of the 2019 general elections, placing the National Assembly election first and Presidential election last.
Buhari, in a letter to the two chambers of the National Assembly, read in the Senate and House of Representatives, yesterday, predicated his veto on infractions on constitutional provisions, particularly with regards to the one on new sequence of elections.
The letter titled: “Presidential Decision to Withhold Assent to the Electoral Amendment Bill 2018” reads in part: ‘Pursuant to Section 58(4) of the Constitution of the Federal Republic of Nigeria 1999 (as amended), I hereby convey to the Senate, my decision, on 3rd March, 2018, to decline Presidential Assent to the Electoral Amendment Bill 2018 recently passed by the National Assembly.
“Some of my reasons include the following: (a) The amendment to the sequence of elections in Section 25 of the principal act, may infringe upon the constitutionally guaranteed discretion of the Independent National Electoral Commission (INEC) to organise, undertake and supervise elections provided in Section 15(A) of the third statue to the Constitution;
“(b) The amendment to Section 138 of the principal act to delete two crucial grounds upon which an election may be challenged by candidates, unduly limits the rights of candidates in elections to a free and fair electoral review process;
“© The amendment to Section 152 Subsection 325 of the Principal Act may raise constitutional issues over the competence of the National Assembly to legislate over local government elections”.
However, the letter was not subjected to debate in the Senate, though there was a closed door session before the plenary.
But briefing journalists after the Senate plenary session, the Chairman of the Senate Committee on Media and Publicity and Senate spokesman, Senator Aliyu Sabi Abdullahi, noted that any action that would be taken by the Senate on Mr President’s letter would come after the adoption of the letter into its votes and proceedings of today.
His words, “Senate has not taken any action on the letter vetoing the 2010 Electoral (Amendment) Bill 2018 for now because there are processes and procedures of taking such actions.
“First, having received the letter, yesterday, as read on the floor by the Senate President, the next line of action would be to approve it in our votes and proceedings tomorrow (Wednesday), after which it will be properly studied for any possible line of action”.
Recall that the National Assembly, three weeks ago, passed the 2010 Electoral Act (Amendment) Bill and reordered the sequence of the 2019 general elections against the earlier one announced by the Independent National Electoral Commission (INEC).
INEC had in its own sequence of elections, fixed February 16, 2019, for Presidential and National Assembly elections, and March 2, 2019 for governorship and state Houses of Assembly elections.
However, the National Assembly, in its own sequence of elections, put that of the National Assembly first, followed by the governorship and state Houses of Assembly elections and Presidential election last.
The Tide gathered that the lawmakers have the option of accepting President Buhari’s action or overriding the President on the veto.
To achieve the latter option, they would require the assent of 73 senators and 240 House of Representatives members to counter the President’s veto, being the constitutional 2/3 majority stipulated by the Constitution for the purpose.
It would also be recalled that in the wake of the Senate’s passage of the Amendment Bill on February 14, 10 senators led by Senator Abdullahi Adamu had protested against the new sequence, and staged a walkout on the Senate.
They also vowed that the bill would not be signed into law by President Buhari.
Recall that one of the senators who protested against the bill, Senator Omo Agege (Delta Central) also boasted that the group had the support of over 55 senators who were against the passage of the bill.
But he later recanted the claim on the floor of the Senate when he withdrew his statement; and apologised to the Senate for giving the information which he admitted was wrong.
Meanwhile, the Senate has told the Independent National Electoral Commission that it is the responsibility of lawmakers to fix the order of elections in the country.
It said the election body should not be misguided on the extent of the powers of the National Assembly in the amendment to the Electoral Act 2010.
The warning is coming against the backdrop of the imminent face-off between INEC and the National Assembly over the ordering of the 2019 elections.
INEC wants the presidential election to hold first, whereas the National Assembly has passed a bill, awaiting assent by President Muhammadu Buhari, for the election of the president to hold last.
While this was going on, the Chairman of INEC, Prof. Mahmood Yakubu announced the dates for elections for the next 36 years.
But speaking last Monday while declaring open a public hearing on the bill seeking to establish the National Electoral Offences Commission, the President of the Senate, Dr. Abubakar Bukola Saraki, represented by the Deputy Senate Leader, Senator Bala Ibn Na’allah, said: “Of recent, there have been arguments on who has power to do what.
“INEC should be cautious of who it is listening to.
“We would not sit anywhere this constitution will be violated.
“It is necessary we caution ourselves.
“We need this country, we love this country.”
Saraki also noted that some political aspirants and parties were already campaigning when INEC had yet to declare electioneering open, adding, “The Senate in particular would be very worried, if INEC begins to condone the actions of some political parties.
“You have not declared campaigns open, and some are already campaigning.”
However, the Peoples Democratic Party (PDP) has said that it was not surprised that President Muhammadu Buhari withheld his assent to the legislation by the National Assembly, reordering the sequence of general elections in the country, particularly given the tendencies he has continued to display as a politician.
A statement issued by Kola Ologbondiyan, National Publicity Secretary of the party in Abuja yesterday, expressed the PDP’s belief in democracy and subscription to all its tenets including the respect for the powers of the National Assembly to make laws and to amend such laws as occasion demands.
It said in the light of this development, the PDP, and indeed all well-meaning Nigerians were now eagerly awaiting the final decision of the National Assembly on the amendment.
The statement said: “As a party, we are not afraid of the 2019 general elections because we know that Nigerians have already rejected President Buhari and his dysfunctional All Progressives Congress (APC).
“Against this backdrop, the PDP assures to provide all the members of our great party a level playing ground to choose a Presidential candidate in a National Convention that promises to be open, free, fair, credible and transparent.
“We know that with the support of Nigerians, any candidate that emerges on our platform ahead of 2019 will clinically defeat President Buhari at the polls and lead our nation back to the path of progress, national cohesion and a vibrant economy.”

Nneka Amaechi-Nnadi, Abuja