Says president’s action constitutional
The Independent National Electoral Commission, (INEC), yesterday commented on the letter written to it by President Muhammadu Buhari, over the contentious Electoral Act amendment Bill.
Recall that President Buhari, who received the Bill on November 19, has until December 19 to sign it or withhold his assent and communicate to the National Assembly his feelings and comments about it.
Recall that President Buhari, who received the Bill on November 19, has until December 19 to sign it or withhold his assent and communicate to the National Assembly his feelings and comments about it.
Also, if after 30 days, the President refuse to sign the Bill and the National Assembly is not in support of the Presidents amendments or reservation, the Senate and the House of Representatives can recall the Bill and pass it.
If the Bill is passed in the form it was sent to the President by two-thirds majority votes in both chambers, it automatically becomes a law even without the signature of the President.
However, in its official comment to the Presidents letter, INEC said its position Constitutionally, legally and administratively, is that it is the end user of the electoral legal framework.
INEC National Commissioner and Chairman, Information and Voter Education Committee, Festus Okoye, said that it is conventionally rational, strategic and fundamental to seek the opinion of the commission and other critical agencies in the electoral matrix before a new legal framework becomes law.
He said the Commission is aware that Nigerians are waiting for this Bill and also conscious of the fact that a comprehensive, clear, unambiguous and forward looking electoral legal framework is germane to the early preparation for election.
He said the regulations and guidelines of the commission are drawn from the Electoral Act and without a new electoral legal framework, the work of the Commission will be tentative and that it will not be good for the electoral process.
On the cost implication, Okoye said that it is rather unfortunate that the issue of direct or indirect primaries has overshadowed other fundamental issues in the Bill.
He added that, As of today, the Bill is in its formative stage until the President assents to it. It is the constitutional and legal responsibility of the commission to give effect to laws passed by the National Assembly.
The new system of direct primaries proposed in the Bill domiciles the conditions for the conduct of primaries with the political parties. In other words, the procedure adopted for the direct primaries shall be spelt out in a guideline to be issued by the political party and filed with the Commission at least 14 days before the primary election, he stated.
