The Senate has said it would look into President Muhammadu Buhari’s demand asking the National Assembly to expunge Section 84 (12) in the Electoral Act Amendment Bill he signed into law on Friday.
President Buhari while giving the anticipated presidential assent frowned at Clause 84 which 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.
The section read in part: “No political appointee at any level shall be a 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.”
President Buhari while addressing the gathering of the leadership of the National Assembly and his aides present at the event, maintained that the clause was in conflict with the Constitution as it introduced “blanket restriction and disqualification to serving political office holders of which they are constitutionally accorded protection.”
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 potential 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 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 a 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 the 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.”
Reacting to President Buhari’s stance, Senator representing Osun Central and Chairman Senate Committee on Media and Public Affairs, Ajibola Basiru commended President Buhari “for signing the Electoral Bill which is now the legislative framework for the conduct of elections in Nigeria.”
He stated that “the Senate has taken notice of Section 84(12) of the Act, especially the concerns raised by Mr President, and assured Nigerians that the National Assembly will give the section the desired legislative attention.”
The Senate spokesman further congratulated the national assembly for the innovative provisions in the Electoral Act that addressed obvious lapses that have inhibited credible elections in Nigeria