Party Primaries: Lawmakers Set to Veto Buhari on Statutory Delegates’ Clause

Deputy minority leader alleges Electoral Act has been weaponised

Udora Orizu

Members of the House of Representatives have resolved to file a motion for overriding 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 on Tuesday, attributed the failure of many lawmakers in the 9th National Assembly to secure return ticket ahead of 2023 general elections on the delegate system of candidates’ selection at the just concluded party primaries.

At the plenary yesterday, 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 was 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 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 it was done.

“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 were 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 Parliamentary where we passed our law and we are sure we have done the right thing we should start overriding Mr. President because this is just the beginning.”

Earlier, the Deputy Minority Leader, Hon. Toby Okechukwu had said the Electoral Act had been weaponised, calling for activation of relevant Constitutional powers to address the lacuna.

In his ruling, the Speaker Gbajabiamila who affirmed that the president was in breach of the 30 days provided to communicate his decision to withhold assent, urged  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 accent to the electoral 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.