In no distant time, the House of Representatives may override President Muhammadu Buhari on the use of statutory delegates as part of political parties’ primary elections for the selection of candidates for elective offices.
Both chambers of the National Assembly had earlier cut short their running break to address a noted error in the 2022 Electoral Act signed by President Buhari, as it excluded the participation of elected public officials who were usually statutory delegates in their respective political parties’ conventions, a move the president did not sign, nor express his veto decision to date.
During the House plenary, Wednesday, some members backed a call for a motion to effect the override, sponsored through a point of order by Hon. Ben Igbakpa, a member of the opposition Peoples Democratic Party (PDP) from Delta state, as he insisted there was no need for the House to fear anyone in delivering its constitutional mandate.
Addressing Speaker Femi Gbajabiamila, the lawmaker said: “You have shown leadership and capacity and patriotism. On the 11th of May with your colleagues (in the 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 this amendment was transmitted to Mr. President.
“Mr. President did not just ignore, he travelled out of the country on a condolence visit to Dubai and that created a lot of problems for the country. There was tension and many of our political parties, out of the tension created that will now be for us in the 2023-2027 electoral process. Nigerians are crying for 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( of the 1999 Constitution as amended). We are to make laws and present them to Mr President, and where he does not sign, that same 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. I think we are beginning with the good work you are doing Mr. Speaker. I just said you are a very good man, a wonderful man with your leadership but by the time you leave this seat by June next year, Mr. Speaker Nigerians will not remember the good thing that you have done for me as a person or the one you have done for our colleagues, they will remember you for the laws that you passed that has bettered a lot of Nigerians. And that is why we cannot continue to act as if we are under the executive arm of government.”
He insisted that if President Buhari exercised his right of veto by ignoring the amendment, it won’t also amount to an offence if his veto was overridden as constitutionally guaranteed by the parliament.
One of the leading voices in support of the motion, and Deputy Minority Leader of the House, Hon Toby Okechukwu called for the activation of relevant constitutional powers to address the lacuna.
“I want to take notice regarding the very copious and auspicious comments you made yesterday (Tuesday) regarding the Electoral Act where in circumstances, it has been weaponised; where as a matter of fact, there was an aspiration to make the law a more perfect law to remove every ambiguity; and where there isn’t any material difference between the 2010 Act and that of 2022,” he said.
In his submissions on the matter, Speaker Gbajabiamila agreed that President Buhari was in breach of the 30-day window to communicate his decision on non-assent, urging the mover to formalise the motion.
“Thank you for your point of order basically some 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 Act 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 are no arguments advanced, then you can override,” he said.
