President Muhammadu Buhari on Friday signed the Electoral Act Amendment Bill 2022.
Speaking at brief signing ceremony held at the Council Chamber, Aso Villa in Abuja the president said he 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 Nigeria.
“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.
“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.
“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 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 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.”
Among those present at the ceremony were the vice president, Prof Yemi Osinbajo, senate president, Mr. Ahmed Lawan and speaker of the house of representatives, Mr. Femi Gbajabiamila.
It would be recalled that previous attempts to amend the nation’s electoral laws were unsuccessful during the 8th national assembly led by former senate president, Dr Bukola Saraki and former speaker of the house of representatives, Mr. Yakubu Dogara.
However, lawmakers in the 9th national assembly successfully amended the act, although they also had an initial setback.
The president had withheld his assent to the bill in November 2021, citing the cost of conducting direct primary elections, security challenges, and possible manipulation of electoral processes by political players as part of the reasons for his decision.
He later gave some conditions to give his assent – an action that prompted the lawmakers to re-work the bill, leading to the emergence of two versions in the Senate and House of Representatives chambers.
The House had re-amended the bill to include the direct and indirect primary options while the Senate re-adjusted it to include the direct, indirect, and consensus modes of selecting political parties’ candidates.
Both chambers later passed the harmonised version on January 25 – the final agreed version of the amendment to Clause 84 which included the direct, indirect, and consensus primary modes.
The harmonised version was received by the president a week later, as confirmed by his Senior Special Assistant on national assembly matters Mr. Babajide Omoworare.
With Punch and Channels Television reports
