2011 Elections In Jeopardy – Balarabe Musa
Alhaji Balarabe Musa, the Chairman of the Conference of Nigeria political parties (CNPP) has said that, the face-off between the presidency and the National Assembly over the amended constitution is likely to put the 2011 elections in jeopardy.
Musa told DAILY SUMMIT over the weekend that the dispute over whether or not the president must assent to the sections of the amended constitution before it could become law had better be resolved before the onset of the elections.
He warned that if this is not resolved, Nigerians should expect many legal challenges on the outcome of the election based on the dispute. “This could invalidate the outcome of the elections,” he said.
Furthermore, he said in such a scenario, it means that the country may be forced to have an interim government as the present administration led by President Goodluck Jonathan should vacate office unfailingly on May 29, 2011.
He also warned that any attempt to elongate the tenure of the present administration would be resisted and that there could be anarchy in the country.
“When there is anarchy, its end no one can foretell,” he added.
Similarly the FCT branch of the Nigerian Bar Association (NBA) has said that the lingering disagreement between the legislature and Executive over the amended 1999 constitution poses a danger to the 2011 general elections.
Mr. Abdul Ibrahim, Chairman of the FCT branch said the two arms of government must take urgent steps to ensure that the crisis was amicably resolved “before it consumes the nation.”
Ibrahim also said that the aspiration of the masses for credible elections in 2011 could be stalled by the crisis.
He noted that the constitution is very explicit on whose purview the power to assent to all legislations rests.
While also noting that some persons may have taken steps to seek judicial interpretation of the provisions, he said that legal issues take time to determine.
The NBA Chairman called for a political solution to be applied, so that INEC is not further put in a precarious position.
It would be recalled that the National Assembly last Wednesday reiterated its stand that the amended constitution could become law without the President’s assent.
Reaffirming the National Assembly stand during a public hearing on a bill for an Act to establish a National Industrial Court (NIC), organized by the House Sub-Committee on the review of the constitution, Deputy Speaker, House of Representatives, Usman Nafada said that the amended constitution did not require the assent of the President before it becomes operational.
Meanwhile, as the debate rages, over whether the assent of the president is needed before the amended constitution becomes law or not, the Chairman of Arewa Consultative Forum (ACF) General IBM Haruna has asserted that the amended constitution cannot become law without the assent of the President.
Speaking exclusively to DAILY SUMMIT the retired general, who is also a lawyer said that any amendment to the constitution remains a bill until it has been assented by the President.
Gen. Haruna noted, however, that if the President fail to assent to such a bill the National Assembly can override the President’s refusal especially in a situation like the recently amended constitution which has been approved by two-third of the states’ assemblies of the federation.
“They can override his refusal to assent the bill into law. In fact the President cannot override it because it has been approved by two-third of the states of the federation,” he said.
The ACF Chairman also said that the amended constitution cannot become law until it has been deposited with the Supreme Court. “This is important because it is the judiciary that has to interpret it when the need arises. There should be a copy deposited with them”, he noted.
Musa told DAILY SUMMIT over the weekend that the dispute over whether or not the president must assent to the sections of the amended constitution before it could become law had better be resolved before the onset of the elections.
He warned that if this is not resolved, Nigerians should expect many legal challenges on the outcome of the election based on the dispute. “This could invalidate the outcome of the elections,” he said.
Furthermore, he said in such a scenario, it means that the country may be forced to have an interim government as the present administration led by President Goodluck Jonathan should vacate office unfailingly on May 29, 2011.
He also warned that any attempt to elongate the tenure of the present administration would be resisted and that there could be anarchy in the country.
“When there is anarchy, its end no one can foretell,” he added.
Similarly the FCT branch of the Nigerian Bar Association (NBA) has said that the lingering disagreement between the legislature and Executive over the amended 1999 constitution poses a danger to the 2011 general elections.
Mr. Abdul Ibrahim, Chairman of the FCT branch said the two arms of government must take urgent steps to ensure that the crisis was amicably resolved “before it consumes the nation.”
Ibrahim also said that the aspiration of the masses for credible elections in 2011 could be stalled by the crisis.
He noted that the constitution is very explicit on whose purview the power to assent to all legislations rests.
While also noting that some persons may have taken steps to seek judicial interpretation of the provisions, he said that legal issues take time to determine.
The NBA Chairman called for a political solution to be applied, so that INEC is not further put in a precarious position.
It would be recalled that the National Assembly last Wednesday reiterated its stand that the amended constitution could become law without the President’s assent.
Reaffirming the National Assembly stand during a public hearing on a bill for an Act to establish a National Industrial Court (NIC), organized by the House Sub-Committee on the review of the constitution, Deputy Speaker, House of Representatives, Usman Nafada said that the amended constitution did not require the assent of the President before it becomes operational.
Meanwhile, as the debate rages, over whether the assent of the president is needed before the amended constitution becomes law or not, the Chairman of Arewa Consultative Forum (ACF) General IBM Haruna has asserted that the amended constitution cannot become law without the assent of the President.
Speaking exclusively to DAILY SUMMIT the retired general, who is also a lawyer said that any amendment to the constitution remains a bill until it has been assented by the President.
Gen. Haruna noted, however, that if the President fail to assent to such a bill the National Assembly can override the President’s refusal especially in a situation like the recently amended constitution which has been approved by two-third of the states’ assemblies of the federation.
“They can override his refusal to assent the bill into law. In fact the President cannot override it because it has been approved by two-third of the states of the federation,” he said.
The ACF Chairman also said that the amended constitution cannot become law until it has been deposited with the Supreme Court. “This is important because it is the judiciary that has to interpret it when the need arises. There should be a copy deposited with them”, he noted.
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