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Controversy Surrounding Electoral Act Amendment Bill (2018)

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Sequel to the decision by President Muhammad Buhari not to assent to the Electoral Act Amendment Bill (2018), the media space was flooded with a lot of controversial commentaries ranging from those for and against the development.

 

Importantly, some of the collated reactions include that of the lawmaker representing Delta Central at the upper chamber of the National Assembly, Ovie Omo-Agege who stressed that the Economic Communities of West Africa (ECOWAS) Protocol on Democracy and Good Governance forbids the President from signing the Electoral Act (Amendment) Bill.

According to News Agency of Nigeria (NAN), the All Progressives Congress (APC) lawmaker disclosed this on Friday night in Abuja.

He cited article 2 of the protocol which forbids member countries from making “substantial modification” to their electoral laws less than six (6)months to their General Elections “except with the consent of a majority of political actors”.

In the same vein, Omo-Agege, who is a staunch supporter of the President noted that with the elections less than three(3) months ahead, signing the bill would violate the ECOWAS instrument.

The lawmaker adverted of worth noting that the presidential and National Assembly elections are slated for February 16, 2019, while those of Governorship and State Houses of Assembly elections will hold on March 2, 2019.

However, in the letter transmitted by the presidency to National Assembly, ECOWAS instrument was not part of the reasons for declining assent to the bill for the fourth time by the President.

The president’s latest decision came in a letter dated Dec. 6, 2018 and addressed to both chambers of the National Assembly. The letter opined that signing the amendment bill with elections close by could “create some uncertainties about the legislation to govern the process”.

Also, the letter added that “any real or apparent change to the rules this close to the elections may provide an opportunity for disruption and confusion in respect of which law governs the electoral process”.

The President, therefore, asked the National Assembly to specifically state in the bill that the amended Electoral Act would come into effect after the 2019 General Elections.

As expected, while reacting to the development, who represents Delta North on the platform of the main opposition Peoples Democratic Party (PDP), said the reasons given by the president were “untenable”.

According to him “It is not a good reason for the President not to sign the bill because the Senate worked with Independent National Electoral Commission (INEC).

Sen. Peter Nwaoboshi expressed his disappointment further as according to him, “we amended it, but he declined assent the first, second and third time; he made certain observations, which we agreed with. adding that, “we sent it again, and the reason he is giving now is that it will disrupt the election. It is really unfortunate,”.

In furtherance to the above, the Director General of the President Muhammadu Buhari Campaign Organization, Festus Keyamo, SAN, has said that the Senate cannot muster the number to override President Muhammadu Buhari on the Electoral Act Amendment Bill.

The Senior lawyer was reacting to the Peoples Democratic Party, stated that the PDP was just grandstanding, noting that there was no need for any fear over the refusal of the president to assent to the electoral bill.

In his view, “the 2015 elections, which were adjudged by all, including the international observers, to be free and fair, was conducted using the 2010 Electoral Law.

Stressing further that, “if that law is still extant, why the worry over the refusal of the president to assent to the Electoral Act (amendment bill)? He told reporters.

It is being feared that the National Assembly may attempt to override the President's decision even though, APC supporters will definitely gang up against the move. the days ahead will surely be very interesting as the political space would be tensed for or against this development.

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