The President, Major General Muhammadu Buhari (retd.), has conveyed his reservation about the Electoral Act 2022 to the National Assembly, asking the federal parliament to delete Section 84(14) of the new electoral law.
President of the Senate, Ahmad Lawan, at plenary on Tuesday, read Buhari’s cover letter on the Electoral Act 2022 (Amendment) Bill, dated February 28, 2022.
The President, while assenting to the Electoral Act 2010 (Amendment) Bill at the Presidential Villa in Abuja on Friday, had highlighted sections of the new law that would revolutionalise the electoral system in the country but expressed reservations about Section 84 (12).
The section reads, “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.”
In the letter, Buhari drew the attention of the chamber to the provisions of Section 84(12), which, according to him, constitutes a “defect” that is in conflict with extant Constitutional provisions.
The President wrote, “I will want to kindly draw your attention to the provisions of Section 84(12) of the Act, which I believe, constitutes a fundamental defect as it is in direct conflict with extant constitutional provisions.
“Section 84 (12) of the Act 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 nomination of candidates for any election in cases where it holds earlier than 30 days to the election.
“This provision has 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.
“The practical application of Section 84(12) of the Electoral Act, (Amendment) 2022, is to subject serving political office holders to inhibitions and restrictions referred to under Sections 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, as provided in Section 66(1)(f) of the 1999 Constitution (as amended), among others.
“Hence, it will be stretching matters beyond the constitutional limit to import extraneous restrictions into the Constitution on account of practical application of Section 84(12) of the Act where political parties’ conventions and congresses were to hold earlier than 30 days to the election.”
Buhari added, “Arising from the foregoing, I request the National Assembly to consider immediate amendments that will bring the Act in conformity with the Constitution by way of deleting Section 84(12) accordingly.”
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