No Court Can Stop NASS From Amending Electoral Act

The President of the Senate, Ahmad Lawan, on Tuesday, rejected a court pronouncement stopping the National Assembly from amending the recently signed Electoral Act by President Muhammadu Buhari.

A Federal High Court in Abuja, on Monday, barred President Muhammad Buhari, the Attorney-General of the Federation (AGF) and the Senate President from tampering with the Act.

The judge, Inyang Ekwo, in a ruling on an ex-parte application by the opposition Peoples Democratic Party (PDP), said the Electoral Act, having become a valid law, could not be amended without following the due process of law.

President Muhammadu Buhari had, in a letter to the National Assembly last week, asked the federal lawmakers to delete section 84 (12), which bars political appointees from contesting an election.

Specifically, the court restrained President Buhari, the AGF and the National Assembly and other defendants in the suit from removing section 84 (12) of the Electoral Act or preventing it from being implemented for the purpose of the 2023 general elections.

Meanwhile, in a swift reaction, Senate President said the country’s constitution was clear on the issue of separation of power, and that no arm of government could stop the other from carrying out its responsibilities.

Speaking after the Electoral Act 2022 (Amendment) Bill scaled first reading on the floor of the Senate, Lawan said stopping the National Assembly from amending the Act was like asking for what is not there.

He said further that it was within the exclusive right of the parliament to consider the bill.

The Judiciary, under no circumstance, cannot stop the National Assembly from performing its legislative duties.

“We know what our due processes are, just like we wouldn’t venture into what the Judiciary does, it should also understand that we have our processes.

“If the President writes to the National Assembly to request for an amendment, that is within his competence, and it is for the National Assembly to decide whether it agrees with the request of Mr President or not.

“But to say that we cannot consider it is to ask for what is not there to be given. I believe that members of this National Assembly know their work and will do what is right.

“This is due process, we are not doing anything outside of the law, whether it is Mr President or any Nigerian who feels very strongly about an amendment, this National Assembly is ready to take in and consider.

“It is within our exclusive right to consider whatever request we receive from Nigerians, whether through the Executive arm of government or through our colleagues – private members’ bill.”

However, Senator Ike Ekweremadu (PDP, Enugu) cautioned his colleagues from going ahead with the amendment, calling the Senate’s attention to Order 52(5), which says when a matter is before a competent court of law, the Senate should stay action on it.

He, therefore, urged the Senate to respect the court order so as not to give room for anarchy.

He said instead of considering the amendment, the Senate should mandate the legal department of the National Assembly to challenge the court’s ruling.

Also, Senator Gabriel Suswam (PDP Benue) made a similar appeal urging the Senate to respect the rule of law.

But the Senate President insisted that no going back on the amendment, stressing that no arm of government could stop the National Assembly from carrying out its statutory functions.