PRESIDENT Muhammadu Buhari has assented to the Electoral Act Amendment Bill 2022 with a declaration that with the introduction of new technology and efforts to engender clarity and transparency, it holds a lot of promise for improving the electoral processes in the country.
He signed the bill into law on Friday at exactly at 12.27 p.m. during a ceremony at the Presidential Villa, Abuja.
The ceremony was witnessed by the Senate President, Ahmed Lawan and the Speaker of the House of Representatives, Femi Gbajabiamila.
The president suggested tinkering with Section 84(2), which he expressed dissatisfaction with as he noted that it contravenes the rights of political officeholders to vote and be voted for in political party conventions and congresses.
Against the backdrop of the request of the president, the leadership of the House of Representatives said it was plannning to consult with relevant stakeholders, including CSOs and the organised labour, on the section which bars ministers and other political officeholders from contesting posts at party’s congresses and conventions. The chairman of House Committee on Media and Public Affairs, Honourable Benjamnin Kalu, who disclosed the House’s position in a chat with Rulers World, however, dismissed insinuations that the provisions of the Electoral Act was geared towards disenfranchising political officeholders. The signing of the bill followed pressure from sections of the country with the delay leading to open protests by members of the civil society organisations (CSOs).
Buhari commended what he called the reformative and progressive nature of the Act but insisted that Section 84(2) should be deleted.
He said: “Distinguished senators and honourable members of the National Assembly, from the review, it is my perspective that the substance of the bill is both reformative and progressive. I am making this bold declaration because I foresee the great potentials of the bill. Worthy of note include the democratic efficacy of the bill with particular reference to sections 3, 9(2), 34, 41, 47, 84(9), (10) and (11), among others.
“This, however, cannot be said about one provision as contained in the proposed bill, which provision constitutes a fundamental defect, as it is in conflict with extant constitutional provisions.
“Section 84 (12) constitutes a disenfranchisement of serving political officeholders from voting or being voted for at conventions or congresses of any political party, for the purpose of the nomination of candidates for any election in cases where it holds earlier than 30 days to the national election.”
Quoting the Section 84(12) which states that “no political appointee at any level shall be voting delegate or be voted for at the convention or congress of any political party for the purpose of the nomination of candidates for any election,” the president noted it had introduced qualification and disqualification criteria that ultra vires the constitution by way of importing blanket restriction and disqualification to serving political officeholders of which they are constitutionally accorded protection.
He added: “The practical application of Section 84(12) of the Electoral Bill 2022 will, if assented to, by operation of law, subject serving political officeholders to inhibitions and restrictions referred to under sections 40 and 42 of the 1999 Constitution as amended.
“It is imperative to note that the only constitutional expectation placed on serving political office holders that qualify, by extension as public officers within the context of the constitution is resignation, withdrawal or retirement at least 30 days before the date of the election.
“Hence, it will be stretching things beyond the constitutional limit to import extraneous restriction into the constitution on account of practical application of section 84(12) of the bill where political parties’ conventions and congresses were to hold earlier than 30 days to the election.
“Arising from the foregoing, with particular regards to the benefits of the Bill, industry, time, resources and energy committed in its passage, I hereby assent to the Bill and request the National Assembly to consider immediate amendments that will bring the Bill in tune with constitutionality by way of deleting section 84(12) accordingly.” President Buhari commended the National Assembly for its commitment and dedication to improving the previous Electoral Bill 2021.
National Assembly will consider Buhari’s request –Lawan
Speaking to newsmen after the ceremony, Senate President Lawan gave the assurance that the National Assembly would look into the president’s request to delete the contentious clause.
He said: “You know, this is a legitimate request and that is why I commend the president. I commend him for so many things but let me also qualify it that even though he had a disagreement with the section, especially clause 84(12), that talks about public political officeholders, he still went ahead to sign the bill into law and that is to show his commitment and desire to have an electoral law that will ensure that we have better outcomes when we do election.
“So we will look at what he is asking for. I hope that they will send the request for the amendment in good time because time is of the essence; INEC is waiting and we don’t want to spill over some of these dates unnecessarily.
“We will be expecting a communication from Mr President with respect to this. And then the National Assembly, in both chambers, will look into the request for amendment but on the whole, I think this is a wonderful development for this administration, for Nigeria, for the evolution and development and growth of democracy in Nigeria.”
Lawan noted that with the Electoral Act ready, the Independent National Electoral Commission (INEC) should hit the ground running and ensure that successful elections are conducted in Osun and Ekiti states this year and the general elections nationwide in 2023.
Speaker of the House of Representatives, Gbajabiamila, who also spoke, noted that if the provisions of the Act are properly managed by INEC, it would mark a watershed in the nation’s electoral history.
He said: “I believe it is a landmark piece of legislation and has far-reaching implications of the provisions contained therein. I can count offhand at least 10 to 15 provisions in that electoral law that, if properly executed by INEC and the people who the laws are made for, will be a turning point in electoral history of Nigeria. And we will witness, not just by mouthing free, fair and credible elections but we will actually witness free, fair and credible elections moving forward.”
