Electoral act amendment: Buhari’s refusal to give assent is proper - Renowned professor

Electoral act amendment: Buhari’s refusal to give assent is proper - Renowned professor

- Osita Ogbu, a famous professor of law in Odumegwu Ojukwu University, Uli, has said that President Muhammadu Buhari’s refusal to give his assent to the electoral act bill is in order

- Ogbu said that the present circumstance between the presidency and the National Assembly should not be misunderstood as a constitutional crisis

- He remarked that if the House feels unsatisfied by the president's decision, it can muster two-thirds majority of its members to override it

A professor of law, Osita Ogbu, has said that President Muhammadu Buhari’s decision to withhold assent to the electoral act as amended by the National Assembly is in order.

The News Agency of Nigeria (NAN), reported that both chambers of the House had amended sections of the electoral act, prominent among which was the alteration of election sequence as fixed by the Independent National Electoral Commission (INEC).

The president had, after receiving the amended act, declined to assent and also communicated his position and reasons to the House.

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Ogbu, who is the dean of the faculty of law, Odumegwu Ojukwu University, Uli, told newsmen in Enugu on Wednesday, March 14, that the prevailing circumstance needed not be misconstrued as a constitutional crisis.

The former chairman of Enugu state branch of the Nigeria Bar Association (NBA), said there was no cause for alarm, as the presidency acted within the law.

He said if the House felt undone by the action of the president, they would have to muster two-thirds majority of their members to veto such presidential decision.

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According to him, the president has duly exercised his constitutional discretion by not assenting. He said: “The President has the constitutional right to veto the document; but if the NASS can muster two-thirds majority against that decision, it can be overridden.

“This is a democratic process and part of checks and balances in the art of governance. This is a constitutional process and I do not think anything that is constitutional will overheat the polity.”

Meanwhile, Legit.ng reported that the Nigerian Senate and the House of Representatives were consulting on whether to override President Muhammadu Buhari's veto to the Electoral Act Amendment bill, which seeks to re-order the sequence of the 2019 elections.

Legit.ng gathered that the president in a letter written to both chambers of the National Assembly said the amendments by the lawmakers were in conflict with existing laws.

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Source: Legit.ng

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