Reps step down bill to override Buhari on Electoral Act Amendment

Members of the House of Representatives at plenary stepped down a bill seeking to override President Muhammadu Buhari over his veto of the amendment to the Electoral Act 2022. The House of Representatives members had initiated the bill to override the president after 178 members lost the return ticket to the federal legislature at the primaries of their respective parties.

The Deputy Speaker of the House had challenged the overriding bill at plenary on Tuesday, intimidating the House members that they would need  2/3rd support of the members to override the president on any bill.

The deputy speaker, therefore, told Ben Igbakpa, sponsor of the bill, to step it down, saying the process violates procedure for overriding the President.

The stepped down overriding motion read:

Need to Invoke Section 58(5) of the Constitution of the Federal Republic of Nigeria, 1999 to Pass Again the Electoral Act, 2022: Hon. Ben Rollands Igbakpa

The House: Notes that by virtue of section 58(1) of the Constitution of the Federal Republic of Nigeria, 1999, Laws shall be exercised by Bills passed by both the Senate and the House of Representatives and, except as otherwise provided by Section 58 (5) of the Constitution, assented to by the President;

Aware that on Thursday, 12 May, 2022 the National Assembly transmitted to the President for assent, the Bill for an Act to Amend the Electoral Act, 2022 which amended Section 84(8) of the Electoral Act, 2022 to allow Statutory Delegates to participate in Political Parties Congresses and conventions;

Also aware that by virtue of the provision of Section 58(4) the President has 30 days to assent to the aforementioned Electoral Amendment Act, 2022 or formally communicate to the National Assembly his decision to decline assent; Concerned that the time frame for the President to assent or decline assent to the Bill has elapsed since 11 June, 2022;

Also concerned that the actions or inactions of the President to perform his constitutional duty is an affront to Section 4 of the Constitution of the Federal Republic of Nigeria, 1999 which empowers the National Assembly to make laws for the peace, order and good government of the Federation or any part thereof;

Conscious that Section 58 of the Constitution of the Federal Republic of Nigeria, 1999 empowers the National Assembly to override the President when he vetoes a Bill or fails, refuses and/or neglects to act thereto, through a two-third majority vote;

Worried that the continued inaction of the President in either assenting or vetoing the Bill has left a lacuna in Nigeria’s constitutional democracy which portends danger to the 2023 electoral process and other subsequent staggered elections of some states thus, leaving the Congress of Political Parties in the hands of Ad-hoc delegates to the detriment of statutory delegates;

Convinced that a prompt action by the Honourable House to cure the patent constitutional lacuna is imperative by invoking Section 58 (5) of the constitution which states that 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;

Resolves to: (i) Invoke Section 58(5) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) with respect to the Bill for an Act to Amend the Electoral Act, 2022 i.e Amendment of Section 84(8) thereof to allow Statutory delegates to participate in Political Parties Congress and convention;

(ii) Communicate the position of the House of Representatives to the Senate for concurrence.