By Yusuf Alli, Managing Editor, Northern Operation, Bolaji Ogundele, Jide Orintunsin, Innocent Duru, Tony Akowe, Mike Odiegwu, Port Harcourt, Sanni Onogu, Gbade Ogunwale, Gbenga Omokhunu, Frank Ikpefan
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SANs disagree over request to modify Section 84 (12)
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What Lawan, Gbajabiamila discussed with President
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INEC meets today over poll time table
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APC, PDP, Atiku, Saraki, others hail signing of Act
The controversy over the Electoral Act (Amendment) Bill 2022 is not yet over even after President Muhammadu Buhari signed it into law yesterday.
Buhari insisted that it must undergo amendment to remove what he called a fundamental defect.
He was referring to Section 84 (12) which, in his opinion, “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,” he said yesterday while appending his signature to the bill.
His view drew applause from some quarters and flak from others.
Some Nigerians hailed him for signing the bill at all after several years of delay.
The Independent National Electoral Commission (INEC), former Vice President Atiku Abubakar, former Senate President Bukola Saraki, and the All Progressives Congress (APC) all welcomed the signing of the bill by the President.
The leadership of the two chambers of the National Assembly also expressed joy at the development although there were indications that some members of the legislative arm were not keen on amending the act.
Governor Nyesom Wike of Rivers State and the Conference of Nigeria Political Parties (CNPP), however, disagreed with the President on his call for the removal of Section 84 (12) with the governor dismissing Buhari’s objection as selfish.
Buhari had good words to say generally about the new law citing Sections 3, 9(2), 34, 41, 47, 84(9), (10) and (11) among others.
These sections, according to him, have the potentials to revolutionise the electoral process in the country.
His words: “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.”
But he said Section 84 (12) contravenes the rights of political office holders to vote, or be voted for at political party conventions and congresses.
He said the section introduced qualification and disqualification criteria that contradict the Constitution by way of importing blanket restriction and disqualification to serving political office holders of which they are constitutionally accorded protection.
Observers believe that the contentious section is targeted at ministers and other political office holders seeking to be President, governor or members of the National assembly.
Unless the section is removed such political appointees cannot participate in party primaries whether as delegates or candidates.
Although Senate President Ahmad Lawan said yesterday that the National Assembly was expecting formal communication from the President on his observation in order to amend the Act, The Nation gathered that some Senators and members of the House of Representatives were not keen on any fresh amendment to the Act.
A row was said to be brewing yesterday among federal legislators on the issue.
A source said: “If the lawmakers do not amend Section 84(12), it means all ministers and other political office holders cannot participate in the primaries for 2023 elections.
“Section 84(12) is a slippery clause which has left all political office holders in a tinder box. Their aspirations may be in jeopardy unless there is a synergy between the Executive and the Legislature.
“That was why the President met with the President of the Senate, Dr. Lawan, and the Speaker of the House of Representatives, Hon. Femi Gbajabiamila.
“Actually at the meeting with the National Assembly leaders, the President wanted the section expunged. He also got a commitment from the leaders that his request would be considered.
“The case of the affected political office holders is worsened by the fact that they are barred from going to court to either stop the conduct of primaries or any election.”
Another source said: “If the opposition parties, especially PDP refuses to cooperate to amend Section 84(12), this may foreclose the presidential and governorship aspirations of some ministers and political office holders.
“We hope politics will not creep into this again. Both the Executive and the Legislature should honour their gentleman agreement.”
Section 84(10-13) limits courts from stopping party primaries or elections from holding.
The same section prevents political office holders at any level from participating or contesting for nomination into any elective office during parties’ primaries at National Convention or State Congress.
It says: “No political appointee at any level shall be a 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.
“Where a political party fails to comply with the provisions of this Act in the conduct of its primaries, its candidate for election shall not be included in the election for the particular position in issue.
“Notwithstanding the provisions of this Act or rules of a political party, an aspirant who complains that any of the provisions of this Act and the guidelines of a political party have not been complied with in the selection or nomination of a candidate of a political party for election, may apply to the Federal High Court for redress.
“Nothing in this section shall empower the Courts to stop the holding of primaries or general elections under this Act pending the determination of a suit.”
Other highlights of the Act
Some other highlights of the Act are as follows:
Section 3-Establishment of the Independent National Electoral Commission Fund.
Section 9(2) The Commission shall keep the Register of Voters in its National Headquarters and other locations as the Commission may determine: Provided that the Commission shall keep the Register of Voters in — (a) electronic format in its central database; and (b) manual, printed, paper-based record or hard copy format
Section 34- Death of a candidate.
Section 41- Ballot boxes and voting devices.
Section 47- Accreditation of voters and voting
Section 84(9)(10)(11)- Consensus Candidate
(9) (a) A political party that adopts a consensus candidate shall secure the written consent of all cleared aspirants for the position, indicating their voluntary withdrawal from the race and their endorsement of the consensus candidate;
(b) Where a political party is unable to secure the written consent of all cleared aspirants for the purpose of a consensus candidate, it shall revert to the choice of direct or indirect primaries for the nomination of candidates for the aforesaid elective positions.
(c) A Special Convention or nomination Congress shall be held to ratify the choice of consensus candidates at designated centres at the National, State, Senatorial, Federal and State Constituencies, as the case may be.
Political Appointee not Eligible as a Voting Delegate or Aspirant.
(10) No political appointee at any level shall be a 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.
(11) Where a political party fails to comply with the provisions of this Act in the conduct of its primaries, its candidate for election shall not be included in the election for the particular position in issue.
INEC meets today, calls Act historic, progressive
The Independent National Electoral Commission (INEC), which is saddled with the responsibility of overseeing or implementing much of the Electoral Act yesterday described the bill as historic “being the fourth time since the restoration of democracy in Nigeria in 1999 that the Electoral Act is repealed and re-enacted.”
The National Commissioner and Chairman, Information and Voter Education Committee of INEC, Festus Okoye, said in a statement in Abuja that the Act “contains many progressive provisions that will facilitate the conduct of free, fair and credible elections in Nigeria.”
He added: “The nation now has the Electoral Act 2022 which replaces the Electoral Act 2010 (as amended). Together with the 1999 Constitution (as amended), the new Act constitutes the principal law to govern the conduct of future elections, including the 2023 general election.
“Given the tight timelines contained in the new law, the Commission fully appreciates the importance of proceeding with their implementation in earnest.”
He said that sequel to the signing of the bill into law by the President yesterday, INEC would be holding an extraordinary meeting today on the way forward.
By the provisions of Electoral Act 2022, all parties are expected to submit the list of their candidates for the 2023 polls not later than 180 days before the date appointed for the elections.
It had earlier fixed February 18, 2023 for the first round of the next general election.
With the 180-day window, parties have up to August 18, 2022 to submit the names of their candidates for presidential, governorship, Senate and House of Representatives and State House of Assembly to INEC.
Section 29 (1-3) of the Electoral Act 2022 provides that “Every political party shall, not later than 180 days before the date appointed for a general election under this Act, submit to the Commission, in the prescribed Forms, the list of the candidates the party proposes to sponsor at the elections, who must have emerged from valid primaries conducted by the political party.
“The list or information submitted by each candidate shall be accompanied by an affidavit sworn to by the candidate at the Federal High Court, High Court of a State, or Federal Capital Territory, indicating that he or she has fulfilled all the constitutional requirements for election into that office.
“The Commission shall, within seven days of the receipt of the personal particulars of the candidate, publish same in the constituency where the candidate intends to contest the election.”
Regarding mode of primaries, Section 84 (1) recommends as follows: “A political party seeking to nominate candidates for elections under this Act shall hold primaries for aspirants to all elective positions which shall be monitored by the Commission. (2) The procedure for the nomination of candidates by political parties for the various elective positions shall be by direct, indirect primaries or consensus.”
We’ll give consideration to President’s request for new amendment – Lawan
Responding to the signing of the bill and Buhari’s demand for amendment to the 84(12), Senate President Ahmed Lawan said the National Assembly would look into the President’s request.
“You know, this is a legitimate request and that is why I commend the President. I will commend him for so many things, but let me also qualify it that even though he had a disagreement with the section, especially clause 84(12) that talks about public political office holders, he still went ahead to sign the bill into law, and that is to show his commitment and desire to have an electoral law that will ensure that we have better outcomes when we do election.
“So, we will look at what he is asking for. I hope that they will send the request for the amendment in good time, because time is of essence. INEC is waiting, and because we don’t want to spill over some of these dates, unnecessarily.
“We will be expecting communication from Mr. President with respect to this. And then the National Assembly in both chambers will look into the request for amendment. But on the whole, I think this is a wonderful development for this administration, for Nigeria, for the evolution and development and growth of democracy in Nigeria,” he said.
The Senate President said with the Electoral Act in place, the Independent National Electoral Commission (INEC) should hit the ground running and ensure that successful governorship elections are conducted in Osun and Ekiti states later this year and next year’s general elections.
Nigeria’s democracy stands to gain a lot, says Gbajabiamila
House of Representatives Speaker Femi Gbajabiamila, in his own reaction, said the President’s action was in line with APC’s determination to bequeath a legacy of improved democracy to Nigerians.
In a statement by his Special Adviser on Media and Publicity, Lanre Lasisi, the speaker said the new law was a collaborative effort by all stakeholders made up of civil society organisations, labour, the media, the Independent National Electoral Commission, etc, and that this is what happens when all stakeholders work together in the best interest of the country.
He said with the signing into law of the new electoral act, the Nigerian electorate would witness an improvement in the country’s electoral process.
He said Nigeria’s democracy stands to gain a lot from the new electoral law.
APC: Buhari institutionalising credible elections
The All Progressives Congress (APC) called the signing of the Electoral Act Amendment Bill into law as a big victory for the country’s electioneering processes and democracy.
The Secretary of the party’s Caretaker/Extraordinary Convention Planning Committee (CECPC), Senator John James Akpanudoedehe, in a statement, noted that the development would provide an improved legal framework in the lead up to 2023 electioneering processes and future elections.
The party asked well-meaning Nigerians to join it to “completely stamp out past practices of electoral fraud weaponised by past administrations of the Peoples Democratic Party (PDP).”
PDP: It will check rigging
The PDP immediately fired back, saying the new law is “a death knell for the All Progressives Congress (APC) which thrives in manipulations, ballot box snatching, ballot box stuffing and alteration of election results at the collation centres against the expressed will of the people.”
Spokesman for the party, Mr. Debo Ologunagba, said: “It is clear that President Buhari and the deflated APC had come to their wits end and bowed to the sustained pressure by the PDP and Nigerians for the entrenchment of processes that can guarantee free, fair, transparent and credible elections in 2023.
“The victory by Nigerians in resisting the APC and compelling President Buhari to sign the new Electoral Act clearly signposts the inevitable triumph of the will and aspiration of the people to kick out the APC through a process that ensures that votes cast at the polling units count.”
Atiku, Saraki welcome new law
Former Vice President Atiku Abubakar expressed satisfaction at the signing of the bill and tweeted: “Now that the legal framework for the 2023 elections is in place following President Muhammadu Buhari’s assent to the Electoral Bill, the Independent National Electoral Commission (INEC) needs to roll out the election guidelines in earnest so that the political parties and Nigerians can fully commence the journey to choose their leaders in 2023.
“I wish to acknowledge the work of the legislature in bringing this law with new innovations into fruition. I also pay tribute to the nudge of the civil society and patriotic Nigerians in making this brand new Electoral Act a reality”.
A former Senate President, Dr. Bukoka Saraki, said Buhari deserved commendation for working with the federal legislature and rising above partisan interest to give the country a new law that could reform the electoral process.
“The big applause should go to the members of the civil society organizations who for the past one year have kept up the pressure and continuously agitated for the passage of the new electoral bill,” he said, adding: “The new Electoral Act brings us closer to having free, fair and peaceful elections in which people’s votes count, where the majority will have their way and the minority will have their say.
“For too long, the old electoral law had been part of the problem. We can now seek to elect our leaders having in mind the current challenges facing our country.”
Buhari’s objection to Section 84 is selfish, says Wike
Governor Nyesom Wike of Rivers State said President Buhari’s objection to Section 84 (12) smacked of selfishness.
The governor said if Buhari truly believed in transparent election and level-playing field, he would not have suggested an amendment to the section.
The governor in a statement through his Special Assistant on Media, Kelvin Ebiri, said: “Mr. President has told the world he is trying to protect some of his appointees who want to run for election and who are afraid of leaving office, knowing full well that having left the office, it would be difficult for them to assert or to influence the outcome of party primaries.
“If Mr President really believes in free, fair and transparent election, and for everybody to have a level playing ground, Mr President will not call for such amendment.”
Wike observed that Buhari was not willing to sign the Electoral Act Amendment Bill into law, but had to succumb to pressure mounted on him by Nigerians.
According to him, if the President had declined assent to the bill, the National Assembly would have been embarrassed and lost public confidence.
Wike said Buhari should allow ministers, commissioners, special advisers who feel the provision of the Electoral Act would adversely affect them to proceed to court and challenge it.
Section 84 (12) must stay says CNPP
Wike’s view was shared by the Conference of Nigeria Political Parties (CNPP), which said in a statement by its Secretary General, Chief Willy Ezugwu, that the contentious section indeed provides for equity at political party primaries.
The group said: “The President is crying more than the bereaved by ordering the immediate removal of the clause that barred political appointees at all levels from voting as delegates or be voted for at party Conventions or Congress’s political parties for the purpose of the nomination of candidates for elections.
“Clause 84 (12), which 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’, only introduced equity in political party primary elections.
“An appointee of the Executive should not, and must not, be a delegate in primary elections while still in office, just as an appointee must not be contesting as a delegate while still in office.
“Such appointees have ended up using their offices to intimidate political opponents of their principals during party primaries in a bid to retain their jobs.
“This is the major reason for electoral violence witnessed at local government and state congresses of most virile political parties in the country with the attendant loss of lives and property.
“Rather than delete the clause, the National Assembly should amend any provision of the constitution that allows any appointee to be a delegate or be a voter or contest as delegate at party Conventions or Congresses the purpose of the nomination of candidates for any election.”
Section 84 is a leveler – Rep Benson
Representative Babajimi Benson (APC Lagos), said Section 84 was designed to create a level playing field for all aspirants during congresses and conventions.
Benson argued that the clause which seeks to act as a leveler does not in any way undermine the rights of political appointees to hold office or participate in primaries or main elections.
He said the time frame given by the clause for appointees to resign from their positions before conventions or congresses was only meant to place every aspirant on the same pedestal, and not to stop them from contesting as being erroneously alleged in some sections of the public.
He said: “Assuming without conceding that that’s what it says that appointees must resign three months before primaries or convention, let’s say it’s geared towards stopping political office holders from contesting, there’s a section of the constitution which says that you shall resign 30 days before the general elections. If that constitutional provision clashes with the Electoral Act, which supersedes?
“So there’s no need to even worry about that clause if that’s the way they perceive it. But what we are trying to do is that for a convention or a congress, you have statutory delegates. But a governor will go and appoint 1000 political appointees to participate in the Congress. Who do you think will win? The governor will.”
However, Spokesman of the House, Rep. Benjamin Kalu, said the lawmakers will do something about the President’s request for the lawmakers to take another look at clause 84(12), which he said was unconstitutional.
Kalu said: “I have always said that no law is cast in stone and we cannot because of one particular provision deny Nigerians the benefit of other provisions of that particular piece of legislation.
“We will keep amending the Electoral Act as we go on. I want to assure you that the concerns of Mr. President will be addressed in consultation with Nigerians.
“We will take a position on that. We are interested in moving the Nigerian community and our democracy forward.”
Buhari is right, NASS should amend controversial section – Niyi Akintola
A senior advocate of Nigeria (SAN), Chief Niyi Akintola, said the controversial section was discriminatory and that the President’s observation was in order.
“That was fantastic. It was a fantastic speech by Mr. President. Most of the time, it is either the National Assembly doesn’t do enough diligence or consult properly,” he told The Nation on the phone yesterday.
He added: “That particular provision contravenes Chapter 4 of the constitution. The President was right.
“The constitution doesn’t separate political appointees from ordinary citizens. I agree with the President 100 per cent. The National Assembly should look at it and amend it. That section is discriminatory.”
Let the courts decide – Ekweni
Another Senior Advocate Mba Ekweni said it is up to Nigerians to test the constitutionality of the section in court.
His words: “The law has been passed. The business of the National Assembly as a law making body is to make law. The President is to assent to the laws made by the National Assembly.
“He has made his observation which he has the right to make as the President and a citizen of the country. Speaking for myself, those are in-house issues.
“He has given his assent and done his own part. The citizens and anyone who feels that it affects his rights has the right to approach the court. I am happy that the President did not hold on it to decline assent again this time around.
“The National Assembly is not infallible.” In their wisdom, the political philosophers who evolved the system of governance we are having now were able to put in place the three arms of government to act as checks and balances in the system.
“The President has given assent to it. He should leave the rest to the other arms of government and the citizens to also make input.”
Former Vice Chairman of Nigerian Bar Association, Monday Onyekachi, also spoke in the same vein.
“That is the President’s opinion. It has become law and I don’t see any problem there. It is his personal observation and concern. But if it didn’t constitute a concern to the fairness of the system, I don’t think anyone is bothered about that.
“The President has signed it. The NASS would either obey or disobey him. It has become law. Was it not what he said when he wanted to sign the appropriation bill? They will always cry and all that and go ahead and sign it, so what is the need?
“It is a right he has done by signing it into law even though people had to cajole him, which should have happened in the first place.
“I had expected the president that is very interested in free and fair elections to have signed the bill without any prompting.
“But it is better late than never. Now that he has signed, we commend him. INEC now has the responsibility now to roll out the time table for the primaries and all that.”
