2019: Acting on self-interest, NASS fixes presidential poll last

.Senate, Reps concur in altering INEC timetable

.Buhari writes Senate, withholds assent on Police bill, 2 others

In what can be referred to as acting on self interest and deliberate attempt to preempt the bandwagon effect of holding the presidential election first, the Senate on Tuesday concurred with the House of Representatives and adopted the re-ordered of sequence of elections by the National Assembly Conference Committee on Electoral Act (amendment) Bill.

The House of Representatives had earlier approved the recommendation of its Committee on Electoral Act (Amendment) which places the National Assembly election first to be followed by that of governorship and State Assembly election before the Presidential election.

There have been apprehension among certain supporters of President Muhammadu Buhari that the reordered sequence of election may affect his chances of running smoothly in the 2019 Presidential election amid possibility that the outcome of the first election may create a bandwagon effect for subsequent ones.

Incidentally, the Independent National Electoral Commission (INEC) has said it would not in any way challenge the position of the National Assembly on the grounds that the lawmakers had exercised their constitutional role of legislating on the timetable for 2019 elections

But the position by the Senate and the House of Representatives contradicts an earlier sequence of election timetable released recently by the INEC in which case the Presidential and National Assembly came first followed by that of governorship and states assembly elections.

In adopting the re-ordered sequence of election contained in the House of Representatives version of the amended Electoral Act, the Chairman of the committee, Senator Suleiman Nazif (APC Bauchi North), put it to voice votes of the 12 members, while all chorused in the affirmative “Ayes” !

In his remarks after the adoption of the new sequence of election, Senator Nazif said the bill did not in any way violate any provisions of section 76 of the 1999 Constitution (as amended) which empowers INEC to fix dates and conduct elections.

According to him, the words empowering INEC to that effect were duplicated in the bill just as powers confered on the National Assembly by section 4 sub section 2 of the Constitution were exercised in relation to rescheduling of elections.

He said: “For the avoidance of doubt, this bill with the inclusion of section 25 (1) which makes provision for sequence of election different from the one earlier rolled out by INEC has not in any way violated any provisions of the laws governing the operations of the electoral body”.

The Chairman the House Committee on INEC, Hon Edward, said what the House did concur to by the Senate was very necessary in giving credibility to the electoral process in the country.

He said, “The sequence of election provision in the bill is not targeted at anybody but aimed at further given credibility to the electoral process by way of giving the electorate the opportunity to vote based on individual qualities of candidates vying for National Assembly seat”.

He added that if the bill is not assented to by the President, the lawmakers, who based on national interest, adopted it, will surely use constitutional provisions at their disposal to make it see the light of the day.

On whether it would be assented to or not by the President, the lawmaker said: “That as far as we are concerned remains in the realm of conjecture for now but if such eventually happens, we’ll know how to cross the bridge”, he said.

Also, a member of the Committee, Senator Dino Melaye (APC Kogi West), explained that while date for election is the prerogative right of INEC, extant laws of the land gives schedules for such elections as sole responsibility of the National Assembly.

He said, “So contrary to reports and comments by some Nigerians on the reordered sequence of election, National Assembly has not overlapped its boundaries”.

The sequence of election now adopted by the 8th National Assembly had earlier been proposed by the 4th National Assembly in the 2002 Electoral bill before it was later amended by merging Presidential and National Assembly election together which has been the practice since then.

Meanwhile, President Buhari has refrained from assenting to three Bills passed by the National Assembly into law in 2017 and had communicated his action to the two chambers in a letter.

The bills are the “Police Procurement Fund Establishment Bill 2017”, “Chartered Institute of Public Management of Nigeria Bill 2017” and the “Nigerian Council for Social Works Establishment Bill 2017”.

The President gave different reasons he withheld assent to the bills in a letter dated January 25, 2018 which he addressed to the Senate President, Dr. Bukola Saraki and read during plenary by Deputy Senate President, Senator Ike Ekweremadu.

The letter, titled: “Presidential decision to decline assent to 3 (three) Bills recently passed by the National Assembly in December 2017” was signed by the President.

It reads: “Pursuant to Section 58(4) of the Constitution of the Federal Republic of Nigeria 1999 (as amended), I hereby convey to the Senate, my decision on (25th January, 2018) to decline Presidential Assent to 3 (three) Bills recently passed by the National Assembly”.

President Buhari explained that he refused assent on the “Police Procurement Fund (Establishment) Bill, 2017” due to lack of clarity regarding the manner of disbursement of funds, as well as constitutional issues regarding the powers of the National Assembly to appropriate funds allocated to the 36 state governments and 774 local governments, which conflicts with Section 80 – 82 and 120 of the 1999 Constitution (as amended).

On the “Chartered Institute of Public Management of Nigeria Bill, 2017”, the President said this was “due to lack of clarity over the scope of the profession of ‘public management’ that this Bill prohibits all persons who are not members of the Institute from practicing”.

President Buhari disclosed that he could not sign the “Nigerian Council for Social Work (Establishment) Bill, 2017 into law “due to lack of clarity over the scope of the profession of ‘social work’ that this Bill prohibits all persons who are not members of the Institute from practicing”.