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ELECTION SEQUENCE: Presidency, Senate begin horse-trading

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ELECTION SEQUENCE: Presidency, Senate begin horse-trading

The heat generated by the plan to change the order of elections in the country is growing hotter, as both sides have stepped up schemes to ensure they have their way.

Baring any last minute change, the Senate, will next week, override President Muhammadu Buhari’s veto of the Electoral Amendment Bill 2018.

The planned override exercise will not happen without a hard fight from the Presidency and loyalists of Buhari, who are already regrouping.

Competent sources disclosed that some governors, ministers, senators loyal to Buhari and some members of the National Working Committee of the ruling All Progressives Congress (APC), on Tuesday night, met in Lafia, Nasarawa state capital, to work out modalities on how to frustrate plans by both chambers of the National Assembly to override the President’s veto.

On Wednesday night, more APC governors, ministers and members of both chambers of the National Assembly, met at the Abuja home of a former governor of Nasarawa state and a serving senator, who is currently facing the Senate committee on Ethics, Privileges and Public Petitions.

Buhari, had in a letter addressed to the President of the Senate, Bukola Saraki and read on Tuesday, revealed that he vetoed the amendment bill on the 3rd of March. He listed three reasons why he is opposed to the new election arrangements.

The Senate passed the amendment bill on the 14th of February.

Buhari, in the letter, wrote: “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.

“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.

“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(3)-(5) of the Principal Act may raise constitutional issues over the competence of the National Assembly to legislate over local government elections.”

While APC stalwarts are meeting, members of the opposition Peoples Democratic Party (PDP), are also brainstorming. It was learnt that some APC and PDP governors are rooting for the override of the President.

A serving governor from North West and a former lawmaker, on Tuesday night, met with the President of the Senate, Bukola Saraki, with some senators in attendance.

Some pundits have raised moral and constitutional questions on the planned override of Buhari’s veto. They have also questioned the constitutional powers of the National Assembly to go ahead with the planned override.

Those apprehensions may not align with the provisions of the 1999 Constitution as amended. It was learnt learnt that senators in favour of the planned veto, have already consulted the Legal Department of the National Assembly to get further clarification before going ahead with the planned override of the veto.

They have been properly furnished with what the Constitution spells out.

The 1999 Constitution, as amended, requires that the National Assembly can override the presidential veto with a two-thirds majority of the National Assembly members.

Section 58 (4 & 5) of the 1999 Constitution provides the procedures by which the National Assembly may override the veto where a President withholds assent to a bill passed by both chambers.

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Section 58 (4) reads: “Where a bill is presented to the President for assent, he shall within thirty days thereof signify that he assents or that he withholds assent.”

Section 58 (5) also reads: “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.”

At the moment, no fewer than 74 senators have signed up to join in the battle to override the president’s veto. About 43 Senators of the PDP and the only All Progressives Grand Alliance (APGA) senator, are backing the decision to override the veto.

Over 40 senators of the APC are said to be supporting the idea. Investigations by Ripples Nigeria revealed that senators loyal to the Senate President, met during the week to consolidate on their plans.

At the meeting, the lawmakers decided to dust up the now moribund Like Minds Forum, which projected the Senate President for the position in 2015. A source familiar with the undercurrents, said that members of the Like Minds Forum are in excess of 35 senators. The source added that a number of lawmakers were sitting on the fence.

As at Thursday, technicians were carrying out routine maintenance of the electronic voting machine on the floor of the Senate, which is expected to be used during the planned exercise.

It was learnt that Saraki and his loyalists are opting for the electronic voting option to protect the identities of lawmakers who are facing threats from their governors and the Presidency not to support the move.
By Ehisuan Odia…

 

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