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Barring last minute changes, the House of Representatives will on Tuesday recommit the 41 amendments to the Electoral Act, 2010, in line with its resolution to commence the process for overriding the power of President Muhammadu Buhari.
Aside the contentious Electoral bill, additional 10 bills have been re-gazetted by the House and expected to be considered, BusinessDay investigation revealed.
The resolution of the House is in tandem with the provisions of Section 58 subsections 3 to 5 of the 1999 Constitution (as amended).
“Where a bill has been passed by the House in which it originated, it shall be sent to the other House, and it shall be presented to the President for assent when it has been passed by that other House and agreement has been reached between the two Houses on any amendment made on it.
“Where a bill is presented to the President for assent, he shall within thirty days thereof signify that he assents or that he withholds assent.
“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,” the 1999 Constitution (as amended) reads.
Sponsors of the bill, namely: Karimi Sunday (PDP-Kogi); Gyang Pwajok (APC-Plateau); Uzoma Nkem-Abonta (PDP-Abia); Femi Gbajabiamila (APC-Lagos) and Majority Leader; Olatoye Sugar (APC-Oyo); Ahmed Kaita, Eucharia Azodo and Aishatu Dukku are also pushing for 5 years imprisonment and/or N5 million fine for “a person being a member of a political party, misrepresents himself by not disclosing his membership, affiliation or connection to any political party in order to secure an appointment with the Independent National Electoral Commission (INEC) in any capacity.”
According to the re-gazetted bill seen by BusinessDay, the contentious election sequence was scheduled in the 30th amendment which seeks to substitute section 87 of the Principal Act.
All the proposed amendments are on sections 8, 9, 15, 18, 19, 25, 27, 30, 31, 33, 34, 35, 36, 38, 44, 46, 48, 49, 51a, 52, 53, 63, 65a, 67, 76, 78, 82, 85, 87, 91, 99, 100, 112, 138, 139, 140, 142a, 143, 151 and 156.
Also included in the new amendments, the replacement of voter’s card as contained in section 18(1a and b) of the Principal Act; and impose six months imprisonment and/or N100,000 fine on any INEC official who fail to display or publish the voter’s register not later than 30 days to a general election.
The lawmakers also proposed substitution of section 25 of the Principal Act, on the election days, with the elections into the National Assembly coming first on the pointed day by INEC, followed by House of Assembly of States and Governorship elections and lastly the Presidential election.
Amendment was also proposed to section 36 of the Principal Act, which seeks to cure the lacuna into the extant Act, that: “if after the commencement of poll and before the announcement of the final result and declaration of a winner, a nominated candidate dies, the Commission shall being satisfied of the fact of the death, suspend the election for a period not exceeding 21 days to enable the party conduct fresh primary within 14 days of the death of its candidate and submit a new candidate to the Commission to replace the dead candidate.”
According to the provision of section 36(3c), the Commission shall continue with the election, announce the final result and declare a winner.”
Section 49 of the Principal Act was also amended to accommodate use of Smart Card Reader or any other technological device for accreditation of voters, to verify, confirm or authenticate the particulars of the voter.
The proposed amendment to section 67 of the Principal Act also stipulates 5 years imprisonment without option of fine, for a Returning Officer or Collation Officer who “intentionally collated or announce false result,” during an election.
Meanwhile, the new amendment to section 78 of the Principal Act, provides that if INEC fails to notify a political association seeking registration of its decision within 60 days, such political
association shall be deemed to have been registered.
However, subsection (5) provides that “an association, its executive member or principal officers who gives false or misleading information, commits an offence and is liable on conviction N5 million (association); N1 million (for each executive or principal officers of the political association) and/or at least 6 months imprisonment.
Section 87(3) provides for total fees, charges, dues and payments that a political party can impose on various elective offices: N150,000 for a Ward Councillor aspirant in FCT; N250,000 for an Area Council Chairman in FCT; N500,000 for a House of Assembly aspirant; N1 million for a House of Representatives aspirant; N2 million for a Senatorial aspirant; N5 million for a Governorship aspirant and N10 million for a Presidential aspirant, respectively.
Section 87(10) also provides for automatic ticket for all National, State, Local Government Area or Area Council SBD Ward executives and elected officials of government who are members of the party to be super delegates eligible to vote in their party’s indirect primaries.
These include: President and former Presidents; Vice President and former Vice Presidents; Governors and former Governors; Deputy Governors and former Deputy Governors; Senators and former Senators; incumbent and former Members of the House of Representatives; Members of State House of Assembly; Chairmen of Local Government Areas and Area Council and Councillors of Wards.
Meanwhile the contentious sequence of primaries of political parties shall hold as stipulated in section 87(13), starting with National Assembly, State Houses of Assembly, Governorship and Presidential, respectively.
Section 87(15) also provides that “any official of the Commission who issues, endorses or certifies a false report or result of a delegates election or primaries of a political party commits an offence and is liable on conviction to imprisonment go a term of one year or a fine of N1 million or both.”
Section 91 of the bill also provides for new election expenses ranging from maximum of N5 billion for a Presidential candidate; maximum of N1 billion for a governorship candidate; maximum of N100 million and N70 million for candidate in respect of Senatorial and House of Representatives; maximum of N30 million for a candidate vying for State Assembly and Chairmanship of FCT Area Council and maximum of N5 million for Councillor.
However section 91(9) provides that “no individual or other entity shall donate to a a candidate more than N10 million.
In the case of breach of the provision, section 91(10) stipulates that “a candidate who knowingly acts in contravention of this section, commits an offence and is liable on conviction to a fine of 1% of the amount permitted as the limit of campaign expenditure or imprisonment for a term not exceeding 12 months or both.
The 10 bills re-gazetted are: A bill for an Act to establish Nigeria Peace Corps to develop, empower and provide gainful employment for the youths, facilitate peace, volunteerism, community service, neighbourhood watch and nation building and for related matters; A bill to establish the Chattered Institute of Treasury Management; Nigerian Council for Social Work; Currency Conversion (freezing orders) to give discretionary powers to the Judge of a High Court to order forfeiture of assets of affected persons and for related matters; A bill to establish Police Procurement Fund for procurement of law enforcement equipments and uniforms to assist the Nigerian Police Force in the protection of lives and property as well as bill for the establishment of Chartered Institute of Loan and Risk Management of Nigeria to provide for the control and risk management in Nigeria.
Similarly, the House is to veto the President on A bills which seek to establish Chattered Institute of Export and Commodities Brokers of Nigeria; amendment of Environmental Health Officers (Registration, etc) and A bill which seeks to establish Federal University of Wukari and to make comprehensive provisions for the management and administration and for other related matters.
When passed, the House is expected to transmit the bills to the Senate for concurrence.
Recall that the Senate President’ Special Adviser on Media and Publicity via a statement issued on Sunday, reaffirmed the leadership of the Senate’s support for the planned veto of the President on the aforementioned Electoral Bill and 10 others.
KEHINDE AKINTOLA, Abuja
