By Sanni Onogu and Nicholas Kalu, Abuja
The Senate yesterday okayed an amendment to Section 84(8) of the Electoral Act 2022 to enable statutory delegates to participate in party congresses and conventions.
The section was amended after debate on a bill sponsored by Deputy Senate President Ovie Omo-Agege.
The proposed law was titled “A Bill for an Act to amend the Electoral Act 2022 and for matters connected thereto, 2022”
The House of Representatives is expected to concur with the Senate today before the bill will be transmitted next week to President Muhammadu Buhari for his assent.
The current version of the Electoral Act, which was signed by Buhari in February this year, prevents statutory delegates from taking part in party primaries.
Statutory delegates comprise the President, his deputy, governors and their deputies, National Assembly members, state lawmakers, National Working Committee members of political parties, local government chairmen and their vice and councillors.
According to the bill passed by the Senate, “Section 84 of the Principal Act is amended by deleting the existing subsection (8) and inserting a new subsection (8) after subsection (7) as follows:
“(8) A political party that adopts the system of indirect primaries for the choice of its candidates shall clearly outline in its constitution and rules the procedure for the democratic election of delegates to vote at the convention, congress or meeting, in addition to Statutory delegates already prescribed in the constitution of the party.
”This bill seeks to amend the Electoral Act 2022 to make provision for delegates who, not being elected delegates, as prescribed in the constitution of a political party to participate in the convention, congress or meeting of the party.”
The Deputy Senate President had in his lead debate noted that Section 84(8) specifies that only elected delegates could vote during congresses and conventions of political parties. He described the “narrow provision” as an error that has been corrected with the amendment.
He said: “The issue here is narrow and straightforward. As couched, section 84(8) of the Electoral Act, 2022 does not provide for the participation of what is generally known as ‘statutory delegates’ in the conventions, congresses or meetings of political parties.
“The extant subsection only clearly provides for the participation of elected delegates in the conventions, congresses or meetings held to nominate candidates of political parties. This is an unintended error, and we can only correct it with this amendment now before us.”
Senate President Ahmad Lawan, who spoke in the same vein with his deputy, explained that the amendment became imperative in view of the deficiency created by the provision of Section 84(8) of the extant Act.
He said, “The amended Electoral Act of 2022 that we passed this year, has a deficiency that was never intended and that deficiency will deny all statutory delegates in all political parties from participation in congresses and conventions.
“Therefore, such a major and unintended clause has to be amended before the party primaries start in the next eight days. This is emergency legislation, so to speak.
“Our expectation is that the National Assembly – the two chambers – would finish with the processing of the amendment of this bill, between today (in the Senate) and tomorrow (in the House of Representatives), and then the Executive will do the assent.
“That is so important to enable every statutory delegate to participate in the party primaries right from the beginning that will start on the 18th of May, 2022.
“So, this is an emergency effort to ensure that nobody is denied his or her rightful opportunity as a delegate, especially the statutory delegates, and these are those who are elected.
“This is a fundamental effort to ensure that we address this within the week, so that by next week, the Electoral Act, 2022 (amended version), will be very salutary for us to start our party primaries.”
He added that the House of Representatives would also amend the section today before transmitting it to the President for assent.
Clerk of the House of Representatives, Dr Yahaya Danzaria, yesterday called for an emergency plenary by members to amend the Electoral Act
A statement by Danzaria reads: “This is to inform all Hon. members, staff, media and the general public that the House hereby reconvenes for an emergency plenary session tomorrow, Wednesday, 11th May 2022 at 11:00 am.
“This session has become necessary especially as to amend a fundamental error in the Electoral Act.
“The House regrets this short notice and implores all Members to be present.”