Much ado over Electoral Act

Opposition is jittery, says Fed Govt
Override Buhari’s veto, Agbakoba tells 
National Assembly

The row over President Muhammadu Buhari’s refusal to sign the Electoral  Law Amendment Bill  deepened yesterday,

The government said the opposition was jittery over the matter; former Nigerian Bar Association (NBA) president Dr. Olisa Agbakoba (SAN) urged the National Assembly to override the President’s veto.

Senator Joseph Waku also backed an override of the veto, but Nasarawa State Governor Tanko Al-Makura said the President acted in good faith.

The Independent National Electoral Commission (INEC) said it would have been implementing the law if the President had signed it.

At a briefing in Abuja, Information and Culture Minister Alhaji Lai Mohammed  said Buhari did not sign the Bill because  he wants the best for Nigeria.”

According to him, there is no substance in the complaints over timing or otherwise on  when the  President should react to a bill.

Besides, he  accused the opposition of being behind fake news to derail the 2019 elections.

The Minister said: “On the issue of the bill, our President has already communicated to the National Assembly on why he is not signing that bill. And I think if I remember, one of the reasons why he will not sign it now is that signing that bill at this point in time would create confusion and will not make for clarity.

“I don’t think I want to say more than this. We are actually waiting for the response of the National Assembly on this matter. We also pointed to certain errors which we felt the National Assembly should look into and we await further reaction from the  National Assembly..

“There’s actually no reason for the President not to sign the Electoral Bill, if he is not convinced that signing it would only jeopardise free and fair election. His refusal to sign is simply because he wants the best for Nigeria.

He picked holes in the opposition’s claim  that Buhari declined to sign the bill as part of a plan to rig the elections.

“The opposition is jittery. Already, they have rejected the outcome of the elections. They’ve asked the INEC chairman to resign, they’ve asked the present Inspector General of Police (IG) to resign. They are just preparing excuses for their eventual loss.

“There is absolutely no substance in the timing or otherwise on the President reacting to the bill because you need to study very carefully, consult very widely before you assent to a bill or before you respond to a proposed bill.”

The President and his team, Muhammed said, had always been painstaking in studying bills passed by the National Assembly before signing them into law.

He said: “It is a credit to Mr. President that he would even take the comments of the relevant ministers when a bill like this is being proposed. An electoral bill is so crucial to the life of a nation that time and effort must not be spared in assuring we do the right thing.

“In drafting, what you think is just common mistakes and errors could make a whole lot of difference.

“If you put ‘and’ instead of ‘or’ it may change the entire character of the legislation. I remember in my Law School days, during drafting attention is put on every word. But the main reason I hold on to as to why the President said he is not going to sign this bill is that it will create uncertainty in the Electoral Act.

” Yes there has been a lot of reactions from all, but I think the President has the prerogative to look at the bill, consult with all the authorities, and make known his views to the National assembly. Yes, there should be a lot of cordiality between the NASS and the Federal Government.”

He said the President was only sticking to the principle of separation of powers.

“But at the same time, each arm should guard very jealously its independence and its mandate. And I think this is exactly what the President has done in this matter,” he said.

On the implications of not signing the bill, Mohammed urged the nation to await the of the National Assembly’s decision.

He said:  “I think the constitution is very clear on this matter. The President has returned the Bill to the National Assembly; I think we should just wait for development from the National Assembly. I think it is too premature now to start testing what is going to happen.”

Asked what the government will do if the National Assembly overrides the President’s veto, the Minister said: “Let’s wait for that to happen.”

The opposition he alleged, was sponsoring fake news  because it has run out of ideas on how to prosecute the 2019 polls.

The minister  said: Going back to the issue of fake news, I think the biggest weapon in the arsenal of the opposition today is fake news. We also have it on good authority that the opposition has hired technology companies to actually turn out fake news to look probable but all being fake news.

“One said that I said that the President could no longer speak and understand fully his  Fulfulde  because of the surgery he underwent in London that affected his ability to speak the language. “Another version of the fake news on the same table as those who manufactured the clone theory. It is absolutely false, untrue.

“What bothers me is that it isn’t going to stop. And in the days and weeks ahead leading up to the 2019 elections we will hear more incredulous fake news. And this is simply because the opposition has run out of ideas.

“They know that they cannot debate issues and have resorted to fabricating fake news.  As a matter of fact, we have it on good authority that it is the only weapon left in their arsenal and they will use it devastatingly.

“My charge to the media is that they should not always accept these fake news without questioning. I think there are some basic checks that the media should undertake. If it is said that he made a statement, where did he make the statement? When did he make it?

“Is there any video or audio proof that he did? Unfortunately we are in an era of very serious epidemic and that epidemic today is fake news.

“I am glad that as far back as 2017 we raised this alarm. In fact, we dedicated a whole national council on information summit to address this issue. And on the 11th of July, I became so concerned that we launched a national campaign against fake news, as if we knew it was going to be the single most potent weapon in the arsenal of the opposition. Clearly we should expect more of this in the days and weeks ahead.”

“Override Buhari’s veto”

In a December 10 letter addressed to Senate President Bukola Saraki and Speaker Yakubu Dogara, Agbakoba said the President’s reason  for not signing the bill were not tenable.

The letter, copied all National Assembly members, is entitled: “Overriding the Presidential decline to assent  to 2018 Electoral Act.”

Agbakoba said the major amendment to the 2018 Electoral Act related to electronic technology for the conduct of next year’s elections.

He said in order to remove the constraints that will impact the credibility of future elections, the Electoral Act 2010 was amended by the 2018 Bill, to formalise the legal basis of the smart cards which were  already in use for elections by INEC anyway.

The letter reads: “The decision of the President to withhold Assent in respect of a bill to enact a law to amend the Electoral Act makes no sense.

“The final draft bill considered by the National Assembly was agreed with the President, precisely to avoid challenges, such as now occurred.

“The President states that part of the reasons he has withheld assent is to avoid confusion as to the applicable legal framework for the 2019 elections and the administrative capacity of INEC to cope with the new Electoral Act, as it is all too close to the 2019 elections.

“Distinguished and Honourable members will recall that the major amendment to the 2018 Electoral Act relates to electronic technology for the conduct of the 2019 elections.

“The 2015 elections were partly conducted by INEC, using smart cards (card readers) but the Supreme Court held that smart cards are not allowed, not been included in the Electoral Act 2010.

“The 2015 elections were also partly conducted by INEC using incident forms; in effect smart cards and incident forms were both used to conduct 2015 elections.

“Distinguished and Honourable members of the National Assembly will recall that there was a lot of controversy about the use of incident forms as it enabled non-accredited persons to vote, questioning the credibility of the elections.

“In order to remove constraints that will impact the credibility of future elections, such as 2019, the Electoral Act 2010, was amended by the 2018 Bill, to formalise the legal basis of the smart cards which were already in use for elections by INEC anyway.

“It will be recalled that the Supreme Court declared use of smart cards as contrary to the Electoral Act 2010, so the 2018 amendment is intended to give INEC a legal basis to use smart cards and electronic technology.

“The 2018 Bill also introduced the extremely important procedure of transmitting results of votes from polling units by electronic means.

“Electronic transmission will remove rigging and enhance the credibility of the vote count.

“INEC says it is familiar with the amendments contained in the 2018 Electoral Bill.

“INEC has used smart cards at all elections from 2015. INEC has submitted an election budget which provides for smart cards and transmission equipment.

“The President claims that part of the reasons for withholding assent is that INEC will not have enough time to become familiar with the 2018 Bill and that a new Act will generate confusion.

“This is simply incorrect and flies in the face of INEC’s announcement that it will not use incident forms or manual voting in 2019 elections.

“In other words, INEC is ready to deploy electronic technology for 2019 elections, and only requires that the Electoral Act provides a legal framework.

“The 2018 Amendments will help to improve the credibility of our elections and also give legal basis for INEC to deploy electronic technology in 2019 elections, following doubts cast by the Supreme Court about the legality of the use of card readers because it was not provided in the old Electoral Act of 2010.

“Distinguished and Honourable members of the National Assembly, are please please urged to override Mr. President and enact 2018 Electoral Act.”

Waku, the Pro-Chancellor and governing council Chairman of the Federal University of Technonology, Akure, called for an override  of the veto so that the bill would become law and provide a road map towards credible, transparent, free and fair conduct of the forthcoming elections.

“The National assembly has the constitutional backing to override the powers of a sitting president who is refusing to sign an important law except it is telling Nigerians that it lacks the two third majority for that action”, he said.

Waku said Benue people would resist any move to rig next year’s general elections, adding that gone are the days when  ballot boxes snatching was the norm.

President ‘acted in good faith’

Al-Makura said the would always do what is right and not be swayed by sentiments.

Speaking with reporters after submitting the report of his reconciliation committee to the All Progressives Congress (APC) National Chairman, Adams Oshiomhole in Abuja, Al-Makura said President believed in social justice, adding that he (Buhari) declined to sign the bill in good faith.

He said: “I believe he is best placed than anybody in this country to determine what is good for every individual in this country. Reason being, he is the only person in the political arena that has gotten the mandate across the 36 states of the federation, he is the  person that is constitutionally placed to determine what is best for the people of this country.

“If you look at his pedigree and how he has come along since his first attempt in 1983, he is somebody with the heart of the common man. He is the person with the mien and disposition that doesn’t discriminate against helpless Nigerians.

“I believe in his values, given his ethos, given his pedigree. His reason for declining to sign the Electoral Act bill sent to him is in good faith and Nigerians should consider it as such.”

Senate Committee on Local Content Chairman Senator Solomon Adeola APC, Lagos West), rejected the clamour to override  the President’s veto.

According to him, those making the call did not have the interest of Nigeria and the safety and sanctity  of the 2019 election at heart.

Adeola said he would oppose  such move in the Senate, which  reconvenes tomorrow, because  ” it is counterproductive at this late hour to the crucial 2019 elections beginning in February next year”.

“As a senator and a Nigerian, I cannot be part of any move to override the President’s veto on the Electoral Bill. The President clearly stated his reasons for the veto and I think they are cogent enough to be accepted by all in the national interest. And good enough the President is not totally foreclosing the need to amend the Act as he clearly stated that such process can take place after the 2019 Elections in the 9th National Assembly,” he said.

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Our stand, by INEC

Chief Press Secretary to INEC Chairman Rotimi Oyekanmi said that commission could still conduct the forthcoming  elections under the expert law.

He said: “As far as the commission is concerned, there is no legal lacuna. If the President had assented to the Electoral Act Amendment Bill, the commission would have proceeded with only the aspects that can be implemented before the 2019 general elections. It would have been impossible, for instance, to implement 100 percent electronic voting because of the time frame.”

He said INEC conducted a free, fair and transparent election with the 2010 Electoral law in 2015 and the result has continued to receive accolade within and outside the country.

“But now that the President has refused assent, the commission will conduct the general elections based on the 2010 Electoral Law (as amended). Remember, the much applauded 2015 general elections were conducted under the existing electoral law. The upcoming polls will also be conducted in the same manner. To be sure, the commission long ago began preparations for the elections based on the existing law and it was the legal document we relied on to issue the Timetable and Schedule of Activities for the 2019 General Elections back in January this year. Therefore, there is nothing to worry about. All INEC requires is for all political parties taking part in the elections to play according to the rules and everything will be fine,” he said.

Christian Association of Nigeria (CAN) President Rev. Samson Ayokunle urged the executive and legislature to close ranksover  the issue.

He said: “The executive and need to work together. When there is a crisis between them like this what they need to do is to put themselves together as partners in progress.

“There should be mutual understanding between them because they cannot afford to play with the future of Nigerians in the 2019 elections. Everything that should be done must be done to make sure that the 2019 election are free and fair.”