46 senators sign up to back Buhari in polls order battle

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Some Senators are planning to resist the National Assembly’s
plot to override President Muhammadu Buhari’s veto on amendments to
the Electoral Act, The Nation reports

Their major concern is to ensure that the President’s veto
survives, especially the rejection of the new Order of Elections
for 2019.

No fewer than 46 of the 108 senators have signed a register to
stop moves by the Senate to pass the amendments to the Electoral
Act without Buhari’s assent.

Besides, some supporters of the President are lobbying members
of the House of Representatives to oppose the plot to override his
veto.

The lobbyists are targeting about 260 members to sustain the
veto.

Twenty All Progressives Congress (APC) governors have joined the
battle to prevail on Senators and Representatives to retain the
present Order of Elections.

Each of the governors is lobbying members of the National
Assembly in his state to have a rethink on the controversial
amendments.

The President, last week, rejected three amendments to the
Electoral Act.

Of the three issues, the most contentious one is the new Section
25(1), which states that elections shall be held in the following
order: (a) National Assembly; (b) State Houses of Assembly and
Governorship and (c) Presidential election.

In spite of alleged misgivings by the House of Representatives,
the Chairman of the National Assembly, Dr. Bukola Saraki (who is
also the President of the Senate), said he was on the same page
with Speaker Yakubu Dogara and other leaders of the legislative arm
on an “appropriate” response to the President’s veto.

To many an observer, this is tantanmount to drawing the battle
line.

Although there have been behind-the-scene manoeuvres to end the
row between the Executive and the Legislature on the Electoral Act,
the two arms are said to be plotting to outwit each other.

But while the leaders of the National Assembly are on the same
page, there appears to be cracks among senators and members of the
House of Representatives.

The case of the Senate was more pronounced yesterday, following
the emergence of some pro-Buhari senators, who have launched a move
to avert the overriding of the President’s veto.

It was gathered that the senators formed a Parliamentary Support
Group (PSG) to “push through their minority strength” in the
Senate.

In the group are 46 senators, who have subscribed to the new
group and signed to reject plans to override the President’s veto
on amendments to the Electoral Act.

The group, which has held a series of meetings in the past two
weeks, may hold another session in Abuja today (Tuesday).

Although the group is not opposed to Saraki’s Senate presidency,
it is out to “ensure that laws are passed in the overall interest
of Nigerians and in line with the spirit and letters of the 1999
Constitution, but not based on whims and caprices or political
sentiments.”

A ranking Senator said: “We have come together to protect the
larger interest of Nigerians. We do not want any amendments that
can derail preparations for the 2019 general election.

“In exercising his constitutional power to veto a bill, the
President has raised three issues on the amendments to the
Electoral Act, including the Order of Elections.

“In fact, the House of Representatives admitted that two of the
issues were fundamental, leaving only the Order of Elections.

“Our position is that we will not support plans by the National
Assembly to override the President’s Veto on amendments to the
Electoral Act.

“So far, from the signatures collected, we are 46 senators
backing the veto. We may be in the minority out of 109 senators but
our figure is significant because to override a veto by the
President, the Senate needs the consent of 73 senators.

“With 46 senators on our side, those for the overriding of the
veto will end up being either 63 or 62 depending on the disposition
of the President of the Senate.”

Another member of the group said: “Actually to stop the Senate
from overriding the presidential veto, we just require a blockade
from 37 senators. We are prepared to use our minority influence on
the amendments to the Electoral Act.

“This may also be the beginning of veto and overriding politics
in the National Assembly. We want the minority voice to count this
time around in the Senate and in the House of Representatives.”

A first term senator from the North, who pleaded not to be
named, said: “When we get to the stage of overriding the
President’s veto, we will call for a division in the Senate in line
with the rules. We are prepared to stand to be counted.

“As a matter of fact, the provision is that all the 109 senators
must be present, unless there is a genuine written excuse. Such
overriding of veto cannot be done by voice vote; it must be through
division. It is not a question of ambush, of saying the “ayes” or
the “nays” have it. This means, each senator will be counted for
what he or she believes in. Therefore, we know the implications of
what we are doing.”

A senator from the Northwest said: “We are not stopping at 46
signatures; we are reaching out to some of our colleagues in the
Peoples Democratic Party (PDP) to reject any demand for the
overriding of the President’s veto on amendments to the Electoral
Act.

“So far, we have secured commitment from 10 senators from the
opposition. We will not expose them yet but when we get to the
bridge, we will cross it.

“We love the President of the Senate but it is time to call a
spade its name. Our party, the APC, is opposed to the change of the
Order of Elections. We are standing by the position of the platform
upon which we were elected.”

The source added: “We were no doubt in the Senate when the
amendments were passed but the majority had their way. The veto and
its attendant politics will enable our tiny but significant votes
to count.”

Some .supporters of the President have invaded the House of
Representatives to secure the required 180 votes to stop the
chamber from overriding the President’s veto.

A source said: “Ahead of a full blown crisis, the supporters
have started reaching out to members of the House of
Representatives to disallow the National Assembly from overriding
the veto.

“The target is to get support from about 260 members. These
lobbyists are working hard on how to make this realistic.

“The lobbying is part of a Plan B put in place, in case there is
a total breakdown of dialogue between the Executive and the
Legislature.

“With many interventions, I think the two arms may reach a
truce. Already, a case is in court on the amendments to the
Electoral Act. The Senate has written a protest letter to the Chief
Justice of Nigeria, Justice Walter Onnoghen.”

No fewer than 20 APC governors are backing the senators and
lobbyists who have reached out to members of the House.

The governors are said to be coordinated by those from Jigawa,
Kaduna, Adamawa, Plateau and one of their colleagues from the
South.

“I think the role of the governors is to mediate between the
Executive and the Legislature on amicable resolution of issues on
the amendments to the Electoral Act.

“We do not know how far these governors can go, but they are
trying their best to facilitate some understanding.”

Where the two arms remain adamant, they will be forced to test
their might based on the provision of Section 58 of the 1999
Constitution.

Section 58 says: (1) “The power of the National Assembly to make
laws shall be exercised by bills passed by both the Senate and the
House of Representatives and, except as otherwise provided by
subsection(5) of this section, assented to by the President.

(2) “A bill may originate in either the Senate or the House of
Representatives and shall not become law unless it has been passed
and, except as otherwise provided by this section and section 59 of
this Constitution, assented to in accordance with the provisions of
this section.

(3) “Where a bill has been passed by the House in which it
originated, it shall be sent to the other House, and it shall be
presented to the President for assent when it has been passed by
that other House and agreement has been reached between the two

Houses on any amendment made on it.

(4) “Where a bill is presented to the President for assent, he
shall within 30 days thereof signify that he assents or that he
withholds assent.

(5) “Where the President withholds his assent and the bill is
again passed by each House by two-thirds majority, the bill shall
become law and the assent of the President shall not be
required.”

Last week, the President rejected three amendments to the
Electoral Act.

In a letter to the Senate President and the Speaker of the House
of Representatives, Rt. Hon Yakubu Dogara, Buhari said: “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 3rd March 2018, to decline Presidential Assent to the
Electoral Amendment Bill 2018 recently passed by the National
Assembly.

“Some of my reasons include the following:

“The amendment to the sequence of elections in Section 25 of the
principal act may infringe upon the constitutionally guaranteed
discretion of the Independent National Electoral Commission (INEC)
to organise, undertake and supervise elections provided in Section
15(A) of the third statue to the Constitution;

“The amendment to Section 138 of the principal act to delete two
crucial grounds upon which an election may be challenged by
candidates unduly limits the rights of candidates in elections to a
free and fair electoral review process;

“The amendment to Section 152 Subsection 325 of the Principal
Act may raise constitutional issues over the competence of the
National Assembly to legislate over local government
elections.”