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• Senate gradually asserting its independence, says Adegboruwa
• It’s a victory for democracy – Awa Kalu
• Lawmakers should be commended for rising above being rubber-stamp, Ogbankwa declares
• Time not ripe for further amendment of Electoral Act, Pius insists
• Rejection in tune with demands of Nigerians, says CNPP
Contrary to expectations that the Senate would succumb to the request by President Muhammadu Buhari to further amend Electoral Act 2022 by deleting section 84(12), lawmakers yesterday, roundly rejected the request, fueling commendations from various quarters.
Surprisingly, the proposed law, “A bill for an Act to Amend the Electoral Act 2022” was overwhelmingly rejected.
Before a voice vote on the bill, which nays had it, several lawmakers spoke against the further amendment of the Act and urged the Senate to abide by the court ruling, which stopped the National Assembly from tampering with the electoral law.
The section required political appointees to resign their appointment before participating in primary elections as either delegates or candidates.
A Federal High Court in Abuja on Monday barred President Buhari, the Attorney General of the Federation (AGF) and the Senate President from tampering with the Act.
The Court maintained that the Electoral Act, has become a valid law could not be altered without following the due process of law.
But the Senate President, Lawan, on Tuesday, postured that the court ruling would not stop the National Assembly from amending the Electoral Act 2022.
HOWEVER, in the move to reject the bill yesterday, Senator Adamu Aliero fired the first salvo for it to be stepped down after the Senate Leader, Yahaya Abdullahi, moved a motion for the bill to be read a second time.
Aliero, who came under a point of order, drew the attention of his colleagues to the provision of Rule 52(5) of the Senate Standing Order.
He, therefore, advised the upper chamber to step down consideration of the bill pending the vacation of the court order delivered by Justice Ekwo Monday.
According to him, going ahead with the amendment of the Act was in clear conflict with the subjudice rule, which prevents the legislature from deliberating or considering any matter already before a court of competent jurisdiction.
“Going ahead to consider the bill obviously will mean that we are disrespecting that order, and this is an institution of the Senate – the symbol of Nigeria’s lawmaking body.
“So, I’m of the opinion that we should stop considering this bill pending the time the court sets aside that order and I think I’m speaking the opinion of my colleagues here,” Aliero said.
The Senate President, while ruling on Aliero’s point of order, insisted that the move by the upper chamber to amend the Electoral Act was in line with its Constitutional duties.
“To be specific to this particular request, for us in the Senate, it is to look at the request and follow our due process.
“If the arguments are not convincing enough, the National Assembly can deny the request, and that is how it is. We have no encumbrance from that order. So, it is for Senators here to decide to vote for this amendment or vote against it, Lawan said.
The Senate leader, Yahaya Abdullahi was then given the floor to lead the debate on the Electoral Act Amendment bill.
Contributing to the debate, Senator Enyinnaya Abaribe (Abia South), kicked against the deletion of Section 84(12) of the Electoral Act as requested by President Buhari.
“One of those things is the fact that in every democracy all over the world, there are certain rules, which we don’t need to be told about. And that is that you cannot be a referee and a player on the same field. It is either you’re a referee or a player.
“So, every other place in the world where democracy is practiced, including Nigeria, we don’t need to be told that if we want to run for office, we have to resign. That is a sine qua non that we don’t even need to debate.
“Yet here we are today in Nigeria, and people think they can sit in an office, become candidates, continue to sit in that office until the date of election and contest the election.
Mr. President, I think, a cursory look at this paper shows that it is dead on arrival. And I urge you, my colleagues, to help us to continue to deepen democracy by insisting that this bill will not be read a second time in any manner whatsoever.”
SIMILARLY, Smart Adeyemi (Kogi West), who was also opposed to the consideration of the bill said, “one of the hallmarks of democracy is justice, fairness and equity.
“Indeed, Mr. President, it is a settled matter in law that you cannot be a judge over your own case.
“Therefore, Mr. President, I disagree with all the arguments on the need to consider a decision that has already been settled,” he declared.
A move by the Deputy Senate President, Ovie Omo-Agege, to sway his colleagues were unsuccessful.
The bill, when eventually put to a voice vote for a second reading by the Senate President after its consideration, received a resounding ‘nay’ from Senators in the majority across party lines
After the repeated call for votes, the Nays still had it overwhelmingly.
REACTING to the development, a human rights lawyer, Ebun Adegboruwa (SAN) said the decision of the Senate to reject the proposal for the amendment of the Electoral Act is commendable.
According to him, it shows that the Senate is gradually asserting its independence and autonomy of the legislature, which Nigerians have clamoured for over the years, especially since the inception of the 9th Senate.
“The idea behind section 84(12) is to achieve a level playing field for all contestants and to avoid the abuse of power of incumbency by candidates who occupy public office over other candidates.”
Former Attorney General and Commissioner for Justice, Abia State, Chief Awa Kalu (SAN) said the rejection of the request means that the recently signed amended Act remains.
“It is a victory for democracy. Regardless of whatever relationship that exists between the lawmakers and the presidency, the most important thing is that the request is now academic. Even if it is reintroduced, it cannot be for now,” he said.
According to the lawyer, such courage by the lawmakers would deepen democracy, expand the frontiers of representative democracy, obliterate the hitherto godfatherism, where the governorship or the presidency become a behemoth, irrespective of the yearnings and aspirations of the majority of Nigerians.
“It is democracy at work and the Senate should be commended for rising above the trappings of primordial instincts and the rubber stamp syndrome. Our democracy is alive and well,” he enthused.
Head of the department of public law, Ahmadu Bello University, Dr Salim Bashir Magahi, said the request for the amendment came rather too late.
He suggested that the executive could alternatively approach the court to give judicial interpretation to the controversial section of the Electoral Act.
“The executive may through the Attorney General of the Federation seek judicial interpretation from the courts to invalidate the aspects of the provisions of section 84(12) that has allegedly disenfranchised political office holders for being ultra vires the Constitution,” Dr. Magashi suggested.
Abuja based lawyer, Danba Pius is of the view that the Senate acted within its Constitutional right to reject the Executive Bill from the President.
“The President needs not to lose sleep over any provision of the Act that he consented to on the ground that it runs contrary to the Constitution. This is because only the Court has the power to interpret and determine, which law contravenes the Constitution.
“Rule of law and separation of powers requires the President not to take over or usurp the powers of the judiciary by giving a judicial interpretation of which law contravenes the Constitution.”
ALSO elated by the development, the Conference of Nigeria Political Parties (CNPP) yesterday said, the Senate has again chosen to be in tune with the demands of the Nigerian people without a fight.
The CNPP in a statement signed by its Secretary-General, Chief Willy Ezugwu, explained that allowing clause 84 (12) to stay in line with the demands of the people has brought equity in the electoral process in Nigeria.
“The CNPP, therefore, urges Nigerians to maintain vigilance ahead of the 2023 general elections, to continue to safeguard the country’s democracy.
“Should the National Assembly remain resolute on the side of the electorate, its sin of being a rubber stamp legislature before now shall be forgiven,” the group declared.