The question on everyone’s lips now is can be done to get the Electoral Bill to become an effective and enforceable law?
Given the efforts that have gone into this Bill so far, it is unbelievable to imagine that it would be thrown away just like that.
As recently as December 14, 2021, the Chairman of the National Assembly, Senator Ahmad Lawan, laboured actively to convince Nigerians that the Assembly in which he presides over is not a rubber stamp institution of the executive arm.
At the Distinguished Parliamentarians Lecture in Abuja, Senator Lawan stated that what Nigerians carry now was only a perception, he insisted that the three arms of government are independent but they work together harmoniously for the success of government.
He stated in an interview that:
“Nigeria has three arms of government that are constitutionally equal however, the people are heavily represented at the legislature than the other arms. He said that for the peace and development of the nation, the three arms of government must work together through the failure and success of the government .
According to him, “the legislature, which is the first arm of government constitutionally, is the closest as well the most accessible part of the government to the people. It easily lends itself for public scrutiny and sometimes takes the blame even for government decisions that fall outside its legislative competence.
He stated that “ the three arms of the government have a responsibility to each other and an obligation to Nigerians, thus they must have a cordial relationship based on mutual respect for constitutional rights and have the intention to succeed.
Corruption in any arm of the government is not acceptable and must be condemned. However, to single out one arm of government without any hard evidence is to undermine the authority of that institution.
He stated that the major factor that contributed to the negative perception of the legislature was political apathy, “arising from the school of thought that politics is a ‘dirty game’ and politicians are ‘dirty.’”
He explained that the 9th Assembly “would continue to try and improve the public perception of the legislature”.
For me and indeed many other Nigerians, there is no better time to ‘improve the public perception of the legislature’ than now, in relation to the roles that they are expected to play with the Electoral Act (Amendment) Bill. If we must say it as it is, Nigerians do not trust the present National Assembly to assert itself against the executive arm.
And if they claim not to be ‘a rubber stamp institution’, then the legislators must as a matter of national urgency , pass the Bill to override the President, should he fail to give his assent to the said Bill. This is as implied by the Constitution as stated in section 58 (4) and (5) of the 1999 (as amended) act:
(4) Where a bill is presented to the President for assent, he shall within thirty days thereof signify that he assets to it or that he withholds his 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.
“As elected representatives of the people, the National Assembly have the legal backing to proceed with the will of the people by invoking the above provisions of the Constitution in order to rescue Nigeria from political godfathers and electoral fraud.
Nothing else will suffice; they must disappoint their critics with a major legislative revival. We cannot afford the misfortune of parading elected representatives who are whipped along the lines of executive preferences, all the time.
There has to be a balance of power and of forces, for our nation to ever dream of attaining the expected growth that our leaders have touted so often.
The burden on Honourable Gbajabiamila and Senator Lawan is onerous and they have to work with their colleagues to discharge it. It is a historical assignment that has to be performed now. The time for excuses is long gone”.
As Concluded by Adegboruwa a Senior Advocate of Nigeria (SAN)
Source: The Guardian