Electoral Act: Reps move to override Buhari’s veto

Some members of the House of Representatives moved yesterday to override President Muhammadu Buhari on the amended Section 84(8) of the Electoral Act Bill

The bill forwarded to Buhari on May 12 has yet to be signed, 33 days after. The 1999 Constitution provides that a President should communicate to lawmakers with reasons for non-assent to any bill sent to him within 30 days.

The Act was amended by the National Assembly to allow statutory delegates such as the President, Vice President, members of the Legislature and elected party officials to vote during party primaries.

The move to override Buhari’s veto was initiated by Peoples Democratic Party(PDP) legislator from Delta State, Ben Igbakpa, who relied on Section 58 of the Constitution to call his colleagues’ attention to the development.

Igbakpa, who failed to secure a ticket to seek re-election was backed by another PDP lawmaker, Toby Okechukwu, who also lost during the PDP primary in Enugu State.

Igbakpa, who relied on Section 58 of the 1999 Constitution to call his colleagues’ attention to the President’s silence on the bill, said the parliament must perform its function of lawmaking and override Buhari in accordance with the law.

Looking pointedly at Speaker Femi Gbajabiamila, he said:” On the 11th of May, with your colleagues in leadership, you brought all of us back from our various constituencies so that we can work on the Electoral Act as amended.

“Graciously, that was done on the 11th of May. And by the 12th of May, this amendment was transmitted to Mr President.

“Mr President did not just ignore it, he travelled to Dubai, the United Arab Emirates on a condolence visit. That created a lot of problems for the country. There was tension and many of our political parties, out of the tension created what will now be a problem for us in the 2023-2027 electoral process.

“Nigerians are seeking good leadership and the leadership recruitment process starts with our primaries.

“You have worked hard and that is why I took us to Section 58. We are to make laws and present them to Mr President. Where he does not sign, that same Section 58 gives us the powers to make sure that we pass that law without Mr President’s assent.

“There’s nowhere that it is said that one arm of government is subservient to the other.

“That is why we cannot continue to act as if we are under the Executive arm of government. The\xa0 Constitution gave us the powers just as it gave to them.

“We must wake up as a Parliament where we passed our law and we are sure we have done the right thing. We should start overriding Mr President because this is just the beginning.

“I believe by the time we do our own by overriding his veto, we would not have committed any offence. We will be working in accordance with the Constitution and the rule of law.

“I think it is time for this parliament to stamp its feet and tell Nigeria that we are working for them and not for party or any individual.

“Mr Speaker, I implore you as a\xa0 leader, that if we are sure that we have done what is the right thing, we should rise up and take our pen, collect signatures and by the grace of God override Mr President and give Nigerians the enabling electoral law that will stand the test of time.”

Okechukwu, who is the deputy minority leader of the House said the parliament must do what is required by law as a way of saving the institution.

Okechukwu added:\xa0 “There was an aspiration to make the law a more perfect law, to remove every ambiguity, even though there is no any material difference between 2010 Act and 2022 Act and suddenly, majority of members, where it has been weaponised, have become victims.

“Something is wrong especially in an environment and in an institution where the two leaders of the Senate had to cross over to other parties because of an inherent condition. Anything that occasioned it or anything that warrants it, if it is our Electoral Ac or our politics, or the environment where we operate, we need to do a better job and we have to fight it.

“For me, the war is on. We should make sure that the law is retooled and made clear. If it requires the parliament to take action to override what has not been signed, we should be willing to do so.”

Responding to the calls by the two PDP lawmakers, Speaker Gbajabiamila called on members of the House interested in moving a\xa0 motion to override\xa0 Buhari’s veto to do so anytime from today.

He specifically told Igbakpa that overriding the President cannot be achieved through the collection of signatures or through a voice vote.

Gbajabiamila admitted that the President was in breach of the 30 days provided to communicate his decision to withhold assent.

He said: “Basically, one of what you said is that there is a need in your own opinion for the House to override the withholding of assent to the electoral amendment.

“Clearly, the Constitution says it is 30 days leeway and we have gone beyond the 30 days. But the Constitution also says that it is not automatic that you override, but if you are convinced as a House that that amendment must stand.

“If you are not convinced with the argument advanced by the President or in some cases and in this case, there is no arguments advanced, then you can override.

“But for us to override, I believe it requires two-thirds and it cannot be by voice votes neither can it be by way of signatures unless, of course you, have enough signatures by two-thirds.

“I will suggest is that you bring the application through formal motion on notice, perhaps tomorrow(today) or whenever you are able to do that and we will determine whether or not this House is ready to override or not.”