After Members’ Poor Performance in Primaries, Lawmakers Set to Override Buhari’s Veto on Statutory Delegates

•Deputy minority leader says electoral act has been weaponised

Udora Orizu in Abuja

Members of the House of Representatives has resolved to move a motion to override President Muhammadu Buhari for failing to assent to the Clause 58(8) of the Electoral Act (Amendment) bill, 2022, which provides for Statutory Delegates.
The Speaker of the House of Representatives, Hon. Femi Gbajabiamila had at the resumption of plenary, Tuesday attributed the failure of many lawmakers in the 9th National Assembly to secure return ticket ahead of 2023 general election to the delegate system of candidates selection at the just concluded party primaries.

At the plenary, Wednesday, Hon. Ben Igbakpa representing Ethiope federal constituency of Delta State raised a constitutional point of order, citing section 58 (8) of the 1999 constitution which empowered the national assembly to enact laws and also override the President with two third majority of the members’ vote.

Igbakpa who was among the lawmakers that lost out in the just concluded primaries noted that there’s no need for the House to fear anyone.
He therefore urged his colleagues to rise up, take the pen, collect signatures and  override Mr. President and give Nigerians the enabling electoral law.
He said: “You have shown leadership and capacity and patriotism. On the 11th of May with your colleagues you brought all of us back from our various constituency so that we can work on the electoral act as amended. Graciously that was done on the 11th of May. And by 12th, this amendment was transmitted to Mr. President. Mr. President did not just ignore, he traveled out of the country on a condolence visit to Dubai and that created a lot of problem 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. We are to make laws and present 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 no where that 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, for the one you have done for our colleagues, they will remember you for the laws that you passed that has bettered the lot of Nigerians.
He further said, “And that is why we cannot continue to act as if we are under the executive arm of Government. This Constitution gave us the powers just as it gave to them. We must wake up as a Parliament where we pass our law and we are sure we have done the right thing we should start overriding Mr. President because this is just the beginning. Today NDDC Act is enforced because the parliament which you are part of did it. What are we afraid of? Mr. President has not committed an offence, what he has done is the rule of law and the Constitution and I believe by the time we do our own by override veto we would not have committed any offence, we will be working according to the constitution and the rule of law. I think it is time for us….. if we manage to come back that this parliament must stamp their feet and tell Nigerians that we are working for them and not for party or any individual.”
Earlier, the Deputy Minority Leader, Hon. Toby Okechukwu,  had said that the electoral act had been weaponized, calling for activation of relevant Constitutional powers to address the lacuna.
He said: “I want to take notice regarding the very copious and auspicious comments you made yesterday 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. And suddenly, majority of members, where it has been weaponised, have become victims. Something is wrong in an environment, in an institution where the two leaders of the Senate would have to cross to other parties because of inherent inclement condition. 
“Anything that occasions it, anything that warrants it, if it is our Electoral Act, if is our politics, if it is the environment where we operate, we need to retool. And like you said, we got to do a better work and we have to fight on. For me, it is just a battle that is lost, the war is on and we should go ahead to make sure that law is retooled, made clear. And if it requires this parliament to take action to override what has not been signed, we should be willing to do so.”
In his ruling, the Speaker Gbajabiamila who affirmed that Mr. President was in breach of the 30 days provided to communicate his decision to withhold assent, urged the Hon. Igbakpa to formally present a motion in that regard.
“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 is no arguments advanced, then you can override. But for us to override I believe the required two-thirds and it cannot be by voice votes neither can it be by way of signatures unless of course you gave enough signatures by two-thirds. So what I will suggest is that you bring the application, the formal motion notice, perhaps tomorrow, whenever you are able to do that and we will determine whether or not this House is ready to override or not, I think that’s the proper procedure,” Gbajabiamila said
Meanwhile, the Speaker announced that the House will embark on annual two months recess in July, 2022.