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Tag: Electoral Act

  • 2019: Why Buhari is jittery over electoral act amendment – PDP

    The Peoples Democratic Party (PDP) on Thursday said President Muhammadu Buhari, in his “desperation to achieve a personal ambition was holding the nation to ransom” by refusing to sign the Electoral Act Amendment bill, passed by the National Assembly to check manipulations in the 2019 general elections.

    PDP claimed that President Buhari and the All Progressives Congress (APC) are “quavering because the draft law effectively checked all their machinations, which they have been deploying in rigging past elections and intend to use in the 2019 general elections.”

    A statement by PDP’s spokesperson, Kola Ologbondiyan said the “Amendment bill, which is in the overall interest of the nation, embattles President Buhari because it eliminates openings for major malpractices including the use of underage and alien voters, vote buying, alteration of results and manipulation of voter register, which
    the APC intends to use to rig the 2019 elections.

    “Such provisions include granting INEC powers to utilize Full Biometrics Accreditation of voters with smart card readers and other technological devices, which the Buhari Presidency and APC know will effectively check their reliance on dead, underage and alien voters, which they intend to use, particularly the Presidential election.

    “The amendment bill also provides for Instant Transmission of Results from polling to collation centers which ensures real-time results and reduces human interferences and election malpractices, thus effectively
    checking the alteration of results by the APC.

    “Furthermore, the Presidency and APC are against the provision that makes it mandatory for Independent National Electoral Commission (INEC) to publish voters register online as such will end their usual manipulation
    of voter register ahead of elections.

    “The Presidency and APC are also opposing the amendment bill because of a provision which restricts arbitrary qualifications for candidates and
    encourages younger aspirants, as they fear that such can jeopardize President Buhari’s chances within the APC.

    “President Buhari knows that, having failed Nigerians in his first tenure, there is no way he can win in a free, fair and credible election, hence the desperation to manipulate the system and undermine the electoral laws”.

    The opposition party also urged the PDP the National Assembly to “override President Buhari since his refusal to sign the amendment bill is out of personal
    and partisan interests instead of the overall interest of the nation.

    “This is especially as Nigerians have already reached a consensus to rally on the platform of the repositioned PDP to elect a new President with the competence and sincerity of purpose to return our nation to
    good governance, national cohesion and economic prosperity.”

  • Mahmood briefs NASS leadership on INEC’s budget for 2019 general elections

    Mahmood briefs NASS leadership on INEC’s budget for 2019 general elections

    Chairman of the Independent National Electoral Commission (INEC), Prof. Mahmood Yakubu, on Wednesday briefed Senate President Bukola Saraki and Speaker, House of Representatives, Yakubu Dogara at a Special Hearing on INEC’s budget for the 2019 general elections.

    TheNewsGuru reports Senate President Saraki had earlier in his opening remarks at a World Press Conference he addressed in Abuja said the National Assembly was prepared to do what is necessary to ensure that the 2019 elections held without any hitch.

    “We stand committed to doing our utmost as lawmakers to ensure that the responsibility and functionality of governance are met. Although we are on annual break, we are daily reviewing the situation and are alive to the responsibility to take action as necessary,” he said.

    He said that the National Assembly meeting with INEC leadership would have held on Tuesday but for the occupation of the NASS complex by security operatives from the Department of State Services.

    “Unfortunately, yesterday’s shutdown prevented us from meeting with INEC, as scheduled, to address funding concerns. We will continue to look into the matter,” Saraki said.

    He also appealed to President Muhammadu Buhari to append signature on the 2018 Electoral Act Amendment Bill.

    “In the spirit of that, we also appeal to Mr. President to sign the 2018 Electoral Act Amendment Bill which has been sent for his assent.

    “I remain confident in the support of my colleagues and their focus on the job at hand, which is to serve the Nigerian people.

    “My confidence is unshaken. I remain committed to the success of the historic 8th National Assembly, and to the continued progress of our country,” he said.

     

  • JUST IN: Omo-Agege reacts to suspension by Senate

    The office of Senator Ovie Omo-Agege has responded to the suspension of the Delta Central Senator by the red chamber, saying the Senator remains unfazed and remains an ardent supporter of President Muhammadu Buhari’s agenda.

    TheNewsGuru reports the Nigerian Senate during plenary on Thursday suspended Omo-Agege for 90 days over the remarks he made at a press conference that the amendment of the 2010 Electoral Act which changes the sequence of elections set by INEC is targeted at President Buhari.

    “The issues acted upon today by the Senate are pending before a court of competent jurisdiction and therefore subjudice.

    “It is the Senate’s view that the issues be withdrawn from court for an amicable resolution to hold. Until a resolution is reached, it is better to respect the court processes by not commenting on them,” a statement signed by Senior Legislative Aide to the Senator, Prince Efe Duku, and made available to TheNewsGuru read.

    Although the Senator on February 21, 2018, apologized to the Senate over his comments about electoral act Amendment, the Senate Committee on Ethics and Privileges had recommended in its report that Senator Omo-Agege be suspended for 181 legislative days.

    “We note that as part of the resolution of the issues, the Senate President, Distinguished Senator Bukola Saraki ruled that the Parliamentary Support Group, PSG, (Senate) for President Muhammadu Buhari should be disbanded.

    “This should be a matter for the over 50 members of PSG to decide, possibly with President Buhari on whose behalf they openly work as Distinguished Senators of the Federal Republic.

    “In the circumstance, we appeal for calm and assure that as a fervent believer in the rule of law, our Senator is in positive spirit.

    “He deeply respects the institution of the Senate and his good friends in the Senate. He will never undermine them.

    “He remains an ardent supporter of Mr. President’s agenda for a better nation for all and will continue to work assiduously for his re-election,” the Senator’s aide further stated.

     

  • Electoral Act: Why Gov. Wike wants NASS to override Buhari

    Rivers State Governor, Nyesom Ezenwo Wike has called on Nigerians to prevail on the National Assembly to override President Muhammadu Buhari’s veto of the 2010 Electoral Act Amendment Bill to guarantee free, fair and credible electoral system in the country.

    Addressing the 2018 Annual Nigeria Bar Association (NBA) Section on Legal Practice Conference in Port Harcourt on Thursday , Governor Wike urged Nigerian legal practitioners to rise up and insist on the relevance of the amended Electoral Act 2010.

    “We must all stand up against the devilish efforts by some anti-democratic forces to kill the ongoing process to amend the 2010 Electoral Act on the whimsical excuse that the order of elections proposed in the Amendment Bill contravenes the discretionary powers of INEC, which, in any case, has not complained of any mischief occasioned by the new order.

    “Let me remind us that a defining feature of the legal profession is the commitment to promote both the substantive rules and the processes of the law, as well as, to defend the democratic values of our society,” he said.

    Governor Wike said though the 2010 Electoral Act was enacted to promote credible elections, the All Progressive Congress (APC) working with the Independent National Electoral Commission (INEC) and the Police manipulated the Act to rig the rerun elections in Rivers State.

    He said in view of the fraudulent activities of INEC, APC and the Police, the Tribunal and the Court of Appeal upheld results concocted by the Police for the Rivers Rerun Elections

    “We all saw how results sheets were duplicated with identical serial numbers and handed over to the police to entre fake results and returns in favour of the candidates of the APC in the said elections.

    “In spite of this law, we all saw how both the tribunal and the Court of Appeal anchored their verdicts on results that were generated and certified from the custody of the Nigerian Police, while the results from INEC, which conducted the elections, were branded irrelevant and accordingly rejected.

    “What all these mean is that a thousand Electoral Laws may amount to nothing for as long as the Federal Government, the INEC, the Police and other government agencies that may legally or illegally be brought into the election process, continue to disrespect the law and trample on our democratic rights to free and fair elections with impunity and without suffering any legal pains or punishment for their criminal conduct,” Wike said.

    Governor Wike urged the legal profession to constantly reinvent and reposition itself in response to existing and new challenges both in the theory and practice of the law.

    The governor also said lawyers must also rethink the way they practice to remain relevant in the profession and meet the needs of their clients and society in the most professional, diligent and efficient manner.

    Declaring the conference open, Chief Justice of Nigeria, Justice Walter Onoghen represented by Justice AB Gumel said the timing of the conference is right as it will allow the bench and bar the opportunity to appraise emerging issues of justice delivery.

    He urged judges to adhere to the tenets of the law in their delivery of judgments.

    President of the Nigerian Bar Association, NBA, Abubakar Mahmoud (SAN) said the Nigerian Bar Association Section on Law Practice is a vehicle for deepening professional practice in the bar.

    Chairman of NBA Section on Legal Practice, Mainnaya Essien (SAN) said recent ethical issues require an appraisal of practice and challenges.

    Highpoint of the conference was the presentation of a recognition plaque to Governor Wike by the NBA President for the outstanding contributions of the Rivers State Governor to the legal profession.

     

  • Reps to re-gazette, re-transmit Electoral Act Amendment to Buhari

    The House of Representatives has said it will re-gazette the Electoral Act (Amendment) Bill 2018 to expunge certain areas of it and re-transmit to President Muhammadu Buhari for assent.

    Spokesman of the House, Abdulrazak Namdas, made this known during a press briefing after plenary on Wednesday, and after Buhari declined to assent to the amendment earlier forwarded to him by the National Assembly (NASS).

    Buhari declined to assent to the Electoral Act amendment citing Section 25, Section 138 and Section 152 Subsection 325 of the Principal Act, and referencing Section 15(A) of the Nigerian Constitution.

    “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 organize, 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 Subsection 325 of the Principal Act may raise Constitutional issues over the competence of the National Assembly to legislate over local government elections,” he stated.

    Namdas said the House agreed with the President that Section 138 of the amended electoral act unduly limits the right of the candidate to a free and fair election.

    He also said the lawmakers agreed with the President on his position on Section 152 of the act regarding the competence of the national assembly to regulate local government elections.

    “We will re-gazette the electoral act and expunge the areas which the President mentioned and which we are in agreement with the President and in line with the constitution. We will then bring it back for debate and re-transmit it to the president for assent,” he said.

     

  • JUST IN: House of Reps to override President Buhari’s veto on 10 bills

    The House of Representatives is to override President Muhammadu Buhari’s veto power on ten bills including the Nigerian Peace Corp bill.

    This was made known at the House plenary session on Wednesday after Buhari declined to assent to the amendment of the 2010 Electoral Act forwarded to him by the National Assembly (NASS).

    A second look at why Buhari declined to assent to the Electoral Act amendment indicates the President cited Section 25, Section 138 and Section 152 Subsection 325 of the Principal Act to give reasons why he withheld assent.

    “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 organize, 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 Subsection 325 of the Principal Act may raise Constitutional issues over the competence of the National Assembly to legislate over local government elections,” he stated.

    However, it is yet to be known if the House will override Buhari’s veto power on the Electoral Act (Amendment) Bill 2018 as well.

    Meanwhile, a professor of law at the Odumegwu Ojukwu University, Uli in Enugu state has said that Buhari’s decision to withhold assent to the Electoral Act as amended by the National Assembly is in order.

    Professor Osita Ogbu said that the prevailing circumstance needed not be misconstrued as a constitutional crisis, and that there was no cause for alarm as the president acted within the law.

    He said that if the NASS felt undone by the action of the president, they would have to muster third-majority of their members to veto such presidential decision.

    “The president has the constitutional right to veto the document but if the NASS can muster two- third majority against that decision, it can be overridden. This is a democratic process and part of checks and balances in the art of governance,” Ogbu said.

     

  • Electoral Act Amendment: Buhari’s decision to withhold assent in order — Don

    A professor of law, Osita Ogbu says President Muhammadu Buhari’s decision to withhold assent to the Electoral Act as amended by the National Assembly is in order.

    TheNewsGuru reports both chambers of the NASS had amended sections of the Electoral Act, prominent among which was the alteration of election sequence as fixed by the Independent National Electoral Commission (INEC).

    The president had after receiving the amended act declined to assent and also communicated his position and reasons to the NASS.

    Ogbu, who is the Dean, Faculty of Law, Odumegwu Ojukwu University, Uli told NAN in Enugu on Wednesday that the prevailing circumstance needed not be misconstrued as a constitutional crisis.

    The former chairman of Enugu State branch of the Nigeria Bar Association (NBA), said that there was no cause for alarm as the president acted within the law.

    He said that if the NASS felt undone by the action of the president, they would have to muster third-majority of their members to veto such presidential decision.

    According to him, the president has dully exercised his constitutional discretion by not assenting.

    “The president has the constitutional right to veto the document but if the NASS can muster two- third majority against that decision, it can be overridden.

    “This is a democratic process and part of checks and balances in the art of governance,” he said.

    The university don said that mischief makers needed to be properly guided and not cash in on the situation to cause panic among Nigerians.

    “This is a constitutional process and I do not think anything that is constitutional will overheat the polity,” Ogbu said.

     

  • Electoral Act amendment: PDP criticizes Buhari for withholding assent

    The Peoples’ Democratic Party (PDP) has criticized President Muhammadu Buhari for withholding assent to the amendment of the 2010 Electoral Act that reordered the sequence of general elections in the country.

    The PDP in a statement signed by its National Publicity Secretary, Kola Ologbondiyan, said it is no surprise that the President withheld his assent, “particularly given the tendencies he has continued to display as a politician”.

    “The PDP believes in democracy and subscribes to all its tenets including the respect for the powers of the National Assembly to make laws and to amend such laws as occasion demands.

    “In the light of this development, the PDP, and indeed all well-meaning Nigerians, now eagerly await the final decision of the National Assembly on this amendment,” the statement read.

    “As a party, we are not afraid of the 2019 general elections because we know that Nigerians have already rejected President Buhari and his dysfunctional All Progressives Congress (APC).

    “Against this backdrop, the PDP assures to provide all the members of our great party a level playing ground to choose a Presidential candidate in a National Convention that promises to be open, free, fair, credible and transparent.

    “We know that with the support of Nigerians, any candidate that emerges on our platform ahead of 2019 will clinically defeat President Buhari at the polls and lead our nation back to the path of progress, national cohesion and a vibrant economy,” the statement further read.

     

  • Second look at why President Buhari declined assent to Electoral Act amendment

    President Muhammadu Buhari has presented reasons why he declined to assent to the amendment of the 2010 Electoral Act forwarded to him by the National Assembly (NASS), but here is a second look at the reasons he cited.

    The reasons President Buhari presented for declining to assent to the amended electoral act are contained in a letter he addressed to both chambers of the NASS, which was read on the floor of the Senate House by Senate President Bukola Saraki today.

    Buhari in the letter stressed that a section of the amendments conflict laws establishing the Independent National Electoral Commission (INEC).

    “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 organize, undertake and supervise elections provided in Section 15(A) of the third statue to the Constitution,” he stated.

    TheNewsGuru reports the NASS amended Section 25 of the Principal Act seeking majorly to provide for the re-ordering of the sequence of polls during general elections.

    According to the Section as amended, general elections shall be held in the following order: (a) National Assembly election (b) State Houses of Assembly and Governorship elections (c) Presidential election.

    This amendment, which is at variance with INEC elections time-table earlier published in accordance with the Principal Act, and which stipulates Presidential and National Assembly elections were to hold first, while governorship and state assembly would follow, did not go down well with President Buhari.

    The President also stated that “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”.

    He also stated that “The amendment to Section 152 Subsection 325 of the Principal Act may raise Constitutional issues over the competence of the National Assembly to legislate over local government elections”.

    While Buhari was not specific about the “two crucial grounds” in Section 138 that were deleted, Section 152 states that, “Without prejudice to the other provisions of this Act, the Commission may delegate any of its powers and functions to any National Electoral Commissioner, Resident Electoral Commissioner, Electoral Officer, any other officer of the Commission or any other officer appointed under the provision of this Act subject to any conditions or limitations which it may consider necessary or expedient to impose and no such delegation shall be construed to limit the right of the Commission to exercise such power itself”.

    However, Section 152 Subsection 325 President Buhari referred to in the Principal Act was not immediately clear after due consultation of it.

    TheNewsGuru reports the NASS also amended section 87 by adding a new section 87(11) with a marginal note: “time for primaries of political parties”.

    “The primaries of political parties shall follow the following sequence (i) State House of Assembly (ii) National Assembly (iii) Governorship, and (iv), President.

    “The dates for the above stated primaries shall not be held earlier than 120 days and not later than 90 days before the date of elections to the offices,” the marginal note read.

    The NASS also amended section 36 to allow for running mate of a candidate that dies before the conclusion of elections to inherit his/her votes and continue with the process.

    Section 35 that states if before an election a candidate dies he will be replaced by the next contestant with the highest vote was also amended.

    The amendment indicated that if a nominated candidate died in the election process, the next person from the same political party with the second highest votes in the primary election should replace the deceased.

    It stated that the name of the new person should be submitted to INEC, which should accept such replacement as if the deceased was alive.

     

  • Breaking: Buhari declines assent to 2010 Electoral Act amendment

    President Muhammadu Buhari has declined to assent to the amendment of the 2010 Electoral Act forwarded to him by the National Assembly (NASS).

    TheNewsGuru reports the amended 2010 Electoral Act seeks, among other objectives, to re-order the sequence of polls during general elections.

    NASS amended section 25 of the Principal Act and substituted it with a new section 25(1).

    According to the section, the elections shall be held in the following order: (a) National Assembly election (b) State Houses of Assembly and Governorship elections (c) Presidential election.

    This amendment, which is at variance with Independent National Electoral Commission (INEC) elections time-table that stipulates Presidential and National Assembly elections were to hold first, while governorship and state assembly would follow, did not go down well with President Buhari.

    The NASS also amended section 87 by adding a new section 87(11) with a marginal note: “time for primaries of political parties”.

    “The primaries of political parties shall follow the following sequence (i) State House of Assembly (ii) National Assembly (iii) Governorship, and (iv), President.

    “The dates for the above stated primaries shall not be held earlier than 120 days and not later than 90 days before the date of elections to the offices,” the marginal note read.

    The NASS also amended section 36 to allow for running mate of a candidate that dies before the conclusion of elections to inherit his/her votes and continue with the process.

    Section 35 that states if before an election a candidate dies he will be replaced by the next contestant with the highest vote was also amended.

    The amendment indicated that if a nominated candidate died in the election process, the next person from the same political party with the second highest votes in the primary election should replace the deceased.

    It stated that the name of the new person should be submitted to INEC, which should accept such replacement as if the deceased was alive.

    President Buhari, in a letter addressed to both chambers of the NASS, and read on the floor of the Senate House by Senate President Bukola Saraki today, declined assent to the amendments stating it conflicts laws establishing the INEC.