Senate Faults Court Order, Asks CJN To Caution Judicial Officers
The National Assembly has rejected all the arguments President Muhammadu Buhari gave for withholding assent to the Electoral Act Amendment Bill 2018. It based its position on a report submitted by its legal department.
The Senate at its executive session on Tuesday had referred the president’ s veto to the department for advice. Upon the receipt of the report on Wednesday, the Senate delegated a team of senators, led by Deputy Senate President Ike Ekweremadu, to consult the House of Representatives. This meeting, according to a Senate source, was successful.
The report points out that the president’s claims – that the amendment introducing a specific sequence for elections under Section 25 of the Principal Act 2010 infringed on the discretion of the Independent National Electoral Commission ( INEC ) to “ organise , undertake and supervise elections ” – is flawed .
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It states: “The correct legal position , however , is that by the Constitution of the Federal Republic of Nigeria 1999 First Alteration Act 2010 , Act No. 1, specifically, Section 5 provides that Section 76 of the Principal Act is altered thus ( a ) subsection ( 1) in line 2, by inserting immediately after the word ‘commission’ ‘the words’ in accordance with the Electoral Act .
“From the above amendment, it is clear that the power to regulate the principal elements of all federal electoral processes were by the above amendment removed from the Independent National Electoral Commission and vested in the Assembly, which has the power to make laws for peace order and good governance of the Federal Republic of Nigeria. ”