President Muhammadu Buhari says the Electoral Act (Amendment) Bill 2022, passed by the National Assembly, 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.
At a signing ceremony held at the State House, President Buhari, however, highlighted the need to amend section 84(12), which contravenes the rights of political office holders to vote, or be voted for in political party conventions and congresses.
He said 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 ultra vires the Constitution by way of importing blanket restriction and disqualification to serving political office holders of which they are constitutionally accorded protection.
He stated that 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.
He explained that 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, the President assented 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 their commitment and dedication to improving the previous Electoral Bill 2021.
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, before signing The Electoral Act (Amendment) Bill 2022 into law.
President Buhari noted that the National Assembly forwarded the Electoral Bill for Presidential Assent, via a letter dated 31st January, 2022.
BELLO WAKILI
