BY VICTOR BUORO, ABUJA – President Muhammadu Buhari on Tuesday says assenting to the Electoral Amendment Bill 2018 will infringe upon the constitutionally guaranteed discretion of the Independent National Electoral Commission (INEC) as contained in the 1999 constitution as amended.
In a letter addressed to the National Assembly through the Senate President, Senator Bukola Saraki, the President noted that the amendment proposed by the lawmakers run contrary to the spirit of the constitution that gives INEC the powers to organize, undertake and supervise elections as provided in Section 15(A) of the third statue to the Constitution
Similarly, he said the amended bill is capable of putting undue limits on the rights of candidates in elections to a free and fair electoral review process.
Below is the full text of the President’s letter to the Senate, withholding assent on the electoral act:
“Dear Distinguished Senator AB Saraki
PRESIDENTIAL DECISION TO WITHHOLD ASSENT TO THE ELECTORAL AMENDMENT BILL 2018
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 organize, undertake and supervise elections provided in Section 15(A) of the third statue to the Constitution;
- The amend 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.
Please accept Distinguished Senators, the assurances of my highest consideration.”
Yours Sincerely,
Muhammadu Buhari
