Hope rises for 2019 polls as NASS begins correction of Electoral Act

…We’re considering amended bill for 4th term in interest of the nation – Lawmakers
In an apparent move not to be castigated for holding the nation to ransom over the proper conduct of the 2019 general elections, the National Assembly is set to tinker for the fourth time with the Electoral Amendment Act.

The joint committee of the Senate and House of Representatives on INEC and Electoral Matters on Monday met to consider lapses identified by President Muhammadu Buhari as reasons for withholding assent to the bill.

Briefing journalists before the committee went into an executive session, its chairman, Senator Suleiman Nazif (PDP, Bauchi), said the committee is considering the bill for the fourth time in the interest of the nation.

He promised that the committee will make decisions of its meeting and further recommendation on the bill known today (Tuesday).

The Daily Times recalls that President Muhammadu Buhari had on September 3, 2018 for a third time declined assent to the Electoral (Amendment) Bill, 2018, adducing drafting issues to the rejection of the bill.

Giving reasons for withholding assent, the Senior Special Assistant to the President on National Assembly Matters (Senate), Senator Ita Enang, said “Mr. President is declining assent to the Electoral Amendment Bill due to some drafting issues that remain unaddressed following the prior revisions to the Bill.’’

The presidential aide specifically mentioned few outstanding issues surrounding Buhari’s declining assent to the bill.

He said, ‘’There is a cross referencing error in the proposed amendment to Section 18 of the Bill. The appropriate amendment is to substitute the existing sub-section (2) with the proposed subsection (1A), while the proposed sub-section (1B) is the new sub-section (2A).

‘’The proposed amendment to include a new Section 87 (14) which stipulates a specific period within which political party primaries are required to be held has the unintended consequence of leaving INEC with only 9 days to collate and compile lists of candidates and political parties as well manage the primaries of 91 political parties for the various elections.

“This is because the Electoral Amendment Bill does not amend sections 31, 34 and 85 which stipulates times for the submission of lists of candidates, publication of lists of candidates and notice of convention, congresses for nominating candidates for elections.’’

In an apparent bid to further defend refusal by President Buhari to give assent to the Electoral Act (Amendment), the Presidency on September 11 said the Card Reader was not included in the latest Electoral Act (Amendment) Bill 2018.

Enang, who made this clarification, said the card reader provision addressed by section 49 of the Principal Act was completely and unequivocally excluded.

He said, “It is not in anywise, part of the provisions of the bill forwarded to the President on August 3, 2018, and could therefore not form part of the consideration of the President.”

He though agreed that there was card reader provision in the two previous amendments of the Bill, it was never mentioned as a subject of disagreement between the president and the National Assembly.

He said: “For further clarity, the Bill of February 20 had 43 clauses, and the revised Bill of June 27 had 41 clauses.

“The current further revised Bill of August 3, which now excludes the card reader, has just 15 clauses in the absolute wisdom of the National Assembly.

“And the President has no constitutional or legal authority to add or remove any provision to or from what the National Assembly has transmitted to him.’’

The president’s aide noted that by withholding assent to latest transmission that excluded the card reader provision, Buhari had actually preserved the card reader.

This, he explained, was an opportunity for the lawmakers to restore the card reader provision when reconsidering the Bill “in its absolute legislative discretion’’.