From Victor Osula, Abuja
President Muhammadu Buhari on Friday signed the new Electoral Act Amendment into law with reservations about a clause he thinks infringes the rights of political appointees to vote and be voted for at party convention and primaries.
According to Buhari who signed the law at the presidential Villa on Friday in the presence of President of the Senate, Ahmad Lawan, Speaker, Femi Gabjabiamila, Chief of Staff, Prof Ibrahim Gambari, Secretary to Government of the Federation, Boss Mustapha and Hon Aisha Dukku, House Chairman of Committee on INEC, Senator Kabiry Gaya, Seante Committee Chairman on INED, clause 84 conflicts with the Constitutional provisions that empower such public officials to resign and contest election, if they so wish. He urged the National Assembly to remove the clause.
According to Buhari, “Section 84 (12) constitutes a disenfranchisement of serving political office holders 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. The section provides as follows:-
“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”.
“This provision has introduced qualification and disqualification criteria that ultra vires the Constitution by way of importing blanket restriction and disqualification to serving political office holders of which they are constitutionally accorded protection.
” The practical application of section 84(12) of the Electoral Bill, 2022 will, if assented to, by operation of law, subject serving political office holders to inhibitions and restrictions referred to under section 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 Nationally Assembly to consider immediate amendments that will bring the Bill in tune with constitutionality by way of deleting section 84(12) accordingly.
Nevertheless, the new law contains the potential to deepen participatory democracy. Among them are
Clause 29(1), which stipulates that parties must conduct primaries and submit their list of candidates at least 180 days before the general elections; Clause 65, which states that INEC can review results declared under duress and Clause 3(3), which states that funds for general elections must be released at least one year before the election.
Others are Clause 51, which says that the total number of accredited voters will become a factor in determining over-voting at election tribunals; Clause 54(2), which makes provisions for people with disabilities and special needs while Clause 47 gives legislative backing for smart card readers and any other voter accreditation technology that the Independent National Electoral Commission (INEC) deploy.
Clause 34 gives political parties power to conduct a primary election to replace a candidate who died during an election, while Clause 50 gives INEC the legal backing for electronic transmission of election results and Clause 94 allows for early commencement of the campaign season. By this provision, the campaign season will now start 150 days to the election day and end 24 hours before the election.
Clause 84 stipulates that anyone holding a political office – ministers, commissioners, special advisers and others – must relinquish the position before they can be eligible to participate in the electoral process either as a candidate or as a delegate.
Below is full text of the President’s address:
*ADDRESS BY HIS EXCELLENCY, PRESIDENT MUHAMMADU BUHARI, PRESIDENT FEDERAL REPUBLIC OF NIGERIA AT THE SIGNING OF ELECTORAL BILL 2022 INTO LAW*
STATE HOUSE, ABUJA
FRIDAY 24TH FEBRUARY, 2022
The Electoral Act (Amendment) Bill 2022, passed by the National Assembly forwarded for Presidential Assent, via a letter dated 31st January, 2022. In line with established tradition, I received inputs from relevant ministries, departments and agencies of government after careful and thorough reviews of the Bill and its implications to democratic processes in our country.
2. It is gratifying to note that the current Bill comes with a great deal of improvement from the previous Electoral Bill 2021. There are salient and praiseworthy provisions that could positively revolutionize elections in Nigeria through the introduction of new technological innovations. These innovations would guarantee the constitutional rights of citizens to vote and to do so effectively.
3. The Bill would also improve and engender clarity, effectiveness and transparency of the election process, as well as reduce to the barest minimum incidences of acrimony arising from dissatisfied candidates and political parties.
4. These commendable efforts are in line with our policy to bequeath posterity and landmark legal framework that paves the way for credible and sound electoral process that we would all be proud of.
5. 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.
6. This however, cannot be said about one provision as contained in the proposed Bill, which provision constitutes fundamental defect, as it is in conflict with extant constitutional provisions.
7. Section 84 (12) constitutes a disenfranchisement of serving political office holders 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. The section provides as follows:-
“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”.
8. This provision has introduced qualification and disqualification criteria that ultra vires the Constitution by way of importing blanket restriction and disqualification to serving political office holders of which they are constitutionally accorded protection.
9. The practical application of section 84(12) of the Electoral Bill, 2022 will, if assented to, by operation of law, subject serving political office holders to inhibitions and restrictions referred to under section 40 and 42 of the 1999 Constitution (as amended).
10. 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.
11. 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.
12. 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 Nationally Assembly to consider immediate amendments that will bring the Bill in tune with constitutionality by way of deleting section 84(12) accordingly.
Thank you may God bless our country.
