After much persuasion, riling, and goading, President Muhammadu Buhari has eventually signed the Electoral Act Amendment Bill into law. But pointing a constitutional defect in Section 84:12 of the law, he called for its amendment.
He roundly praised the law, but added: “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.”
For the former Deputy President of the Senate, Senator Ike Ekweremadu, it may not yet be uhuru but he commended the signing of the bill into law, describing it as a quantum leap for the nation’s democracy.
Shortly past noon on Friday, at a brief ceremony witnessed by Secretaryto the GovernmentoftheFederatio, Mr. Boss Mustapha; President of the Senate, Ahmed Lawan, and Speaker of the House of Representatives, Femi Gbajabiamila, at the Council Chamber of the Aso Villa in Abuja, the President put pen to paper.
Ekweremadu, who described the journey to the new electoral law as “quite frustrating”, however poured encomiums on the civil society, media, and Nigerians for standing up for the nation’s democracy.
“I’ve been part of the nation’s electoral reform for over the 10 years, but I must confess that the journey to 2021 Electoral Act was by far the most frustrating.
“After the major electoral reform of 2010 that also involved amendments to the 1999 Constitution to, among others, open the doors to technology in our electoral system, check some executive excesses, manipulations by political parties, and straighten the Independent National Electoral Commission (INEC) through financial and administrative autonomy, our expectation after amendments to the Electoral Act in 2015 was that the new administration would support the National Assembly to further straighten our electoral laws and system.
“Unfortunately, four times, the amendments were turned down in the 8th National Assembly, apparently thwarted by narrow, partisan interests and ambitions.
“The efforts in the current National Assembly also faced similar challenges, but it is heart-warming that it has finally materialised with the presidential assent.
“Certainly, we didn’t get all we pushed for in the new law, but it is nevertheless a quantum leap for our electoral system and I congratulate all, who played a part in it.
“With the electronic transmission of election results, early primary elections, and adequate time for INEC to prepare for elections, among other breakthroughs, our elections will never be the same again and more Nigerians will be encouraged to exercise their franchise, knowing that their votes will now count”, he said.
In his speech at the signing ceremony, the President noted that 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 our country.
He adds: “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.”