The Senate on Thursday directed the Independent National Electoral Commission (INEC) to formally announce the results of the June 12, 1993 presidential election.
The upper legislative chamber also stressed the need to pay all allowances and entitlements to the winner of the presidential election, late MKO Abiola and his running mate, Babagana Kingibe, be paid to their families.
Lawmakers also insisted that May 29 remains the date for inauguration of elected public officials, even as they charged the Federal Government to declare June 12 as public holiday.
The resolutions followed a Point of Order moved by Deputy Minority Whip, Biodun Olujimi at Senate plenary.
The lawmaker commended President Muhammadu Buhari for announcing the conferment of national honour on the acclaimed winner of the June 12, 1993, presidential election, MKO Abiola.
Other senators who commended the President in their separate contributions include: Deputy Senate President Ike Ekweremadu, Senate Leader Ahmad Lawan and Suleiman Adokwe (PDP, Nasarawa State).
It would be recalled that on Wednesday, Buhari had directed that the nation’s Democracy Day will, henceforth, hold on June 12 yearly as against May 29.
In a statement he personally signed, he also declared that Abiola would be conferred with the highest national honour – the (Grand Commander of the Federal Republic) – adding that his running mate, Babagana Kingibe, and the late human rights activist, Gani Fawehinmi, with the Grand Commander of the Niger (GCON) – the second highest national honour.
In his submission, Chairman, Senate Committee on Power, Enyinnaya Abaribe (PDP, Abia State) pointed out that December 31 every year should be declared public holiday and tagged ‘Democracy Destruction Day’ in reference to the military coup of December 31, 1983 that by the then head-of-state, Muhammadu Buhari.
Another contribution by embattled senator, Dino Melaye, that the honour to Abiola was in contravention of the National Honours Act, which forbids posthumous national awards, did not have the support of majority of senators.
On his part, Deputy Senate President, Ike Ekweremadu, cautioned that the shift from May 29 to June 12 as Democracy Day should not be mistaken as a shift in the date for the inauguration of the President unless necessary amendments were effected in the Constitution.
“However, there are two legal issues involved. The provisions of Section 135(2)(b) of our Constitution on the tenure of the president, because they are now saying that June 12 is now the Democracy Day deposing that, that means that in 2019, the President will be sworn-in on the 12th of June. This is legally impossible because the law says that subject to the provisions of this Constitution, a person shall hold the office of the President until (a) when his successor in office takes the oath of that office; (b) he dies whilst holding that office; (c) the date when his resignation from office takes effect; or (d) he otherwise ceases to hold office in accordance with the provisions of this constitution.
“Section 135 (2) says: ‘Subject to the provisions of subsection (1) of this Section, the President shall vacate his office at the expiration of a period of four years commencing from the date, when (a) in the case of a person first elected as President under this Constitution, he took Oath of Allegiance and the Oath of Office; and (b) in any other case, the person last elected to that under this Constitution took the Oath of Allegiance and Oath of Office or would, but for his death, have taken such oaths’.
“The implication, therefore, is that, the 29th of May remains the day the President will be inaugurated and he will take his Oath of Office. If we are moving from 29th May to 12th of June, it means that we will have to amend this Constitution. Otherwise, we would be extending the tenure of a President beyond what the Constitution contemplates.
“So, we have to advice the President properly so that we don’t get into a constitutional lock jam when we get to next year. It is important that this point be put in true perspective that the issue of the tenure of office of the President is from the 29th of May 2015 to 29th May 2019. We cannot extend it to 12th of June without amending the Constitution,” he said.
OWEDE AGBAJILEKE, Abuja
