President rejects Section 84 (12), calls for amendment •NASS ‘ll consider Buhari’s amendment request —Lawan •Buhari kept his promise—Fayemi, NGF chairman •It’s a departure from PDP’s era of electoral fraud — APC •Why Buhari, APC bowed to pressure — PDP •Atiku, Saraki, Ekweremadu, others reactBy Clifford Ndujihe, Dapo Akinrefon, Henry Umoru, Samuel Oyadongha, Rotimi, Ojomoyela, Johnbosco Agbakwuru, Levinus Nwabughiogu, Omezia Ajayi & Dirisu Yakubu
WITH President Muhammadu Buhari signing the Electoral Act Amendment Bill into law, yesterday, the Independent National Electoral Commission, INEC, will meet, today, to decide on new dates for the 2023 general poll
Last week, the electoral umpire said the February 18, 2023 date for the presidential poll would be postponed, if the President did not sign the electoral bill into law by last Tuesday, which was exactly 360 days to February 18, 2023 as required by la
Following President Buhari’s assent to the electoral law, yesterday, an elated INEC said it would hold an extraordinary meeting, today, to deliberate on the way forward for the 2023 polls.w.s.
Instead of declining assent as he did, last December, President Buhari appended his signature, this time around despite misgivings over a section of the bill. At exactly 2.25 pm, he signed the bill.
President, Buhari however, rejected Section 84 (12) of the signed Electoral law, saying it runs contrary to the nSection 84 of the Electoral Act (Amended) 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 delegate.
President said that the Electoral Act (Amendment) law 2022 holds a lot of promise for improving the election processes in the country, with introduction of new technology, and efforts to engender clarity and transparency. ation’s constitution.
At a signing ceremony held at the Council Chambers, Presidential Villa, Abuja, President Buhari, told the National Assembly to immediately commence the process of amending Section 84 (12) of the law in order to delete it, noting that it disqualifies 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.
He said that he received inputs from relevant ministries, departments and agencies of government after careful and thorough reviews of the Bill and its implications for democratic processes in our country.
His words: “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.
“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.
It’ll engender transparency of elections
“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.
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.”
Why I rejected Section 84
Expressing his rejection of Section 84 (12) of the new law, President Buhari 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.
The President said: “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 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,”
Quoting the section, “84(12) 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 are ultra vires the Constitution by way of importing blanket restriction and disqualification to serving political office holders of which they are constitutionally accorded protection.
Besides he said: “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 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 their commitment and dedication to improving the previous Electoral Bill 2021.
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