The Senate has said the amendment sought by the President, Major General Muhammadu Buhari (retd.), to the Electoral Act 2022 will pass through the due legislative process.
Buhari had officially conveyed his reservation about the Act 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 the plenary on Tuesday, read Buhari’s cover letter on the Electoral Act 2022 (Amendment) Bill, dated February 28, 2022.
Speaker of the House of Representatives, Femi Gbajabiamila, has yet to read Buhari’s letter at plenary.
Chairman of the Senate Committee on Media and Public Affairs, Senator Ajibola Basiru, who spoke to our correspondent on the telephone on Saturday night, noted that the lawmakers would not pass the President’s request as presented.
Basiru said, “There is a procedure for making law. What he is asking for is an amendment. The procedures will be followed.”
When asked what the procedure are, he said, “They are the procedures by which a law is made. He has brought an amendment and the amendment will follow legislative procedures. We have to look at what he has brought in line with legislative procedures. There is the first reading. There will be second reading. Then the committee will look at it. Then there will be third reading. Then, if there is any need to amend what he has brought, it will be done. That is the normal procedure for making law. He cannot just wrote a letter and we approve what he has requested. There is a procedure for law-making, just like any other law. This will go through the rigours of the amendment of a law.”
Buhari, 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 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 write with reference to the recent assent to the Electoral Act (Amendment) 2022, and to draw your kind attention to some salient issues contained in the Act and to seek your immediate legislative action thereon.
“I have carefully studied the content of the recently assented Electoral Act (Amendment), 2022; I must admit that there are positive provisions that could revolutionize election process in Nigeria particularly through the introduction of new technological innovations that will in turn guarantee the Constitutional rights of Citizens to vote and to do so effectively.]
“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.”
“The recently assented Electoral Act has improved and engendered clarity, effectiveness and transparency of the election process, as well as reduced to the barest minimum incidences of acrimony arising from dissatisfied candidates and political parties.
“I, therefore, commend the legislative wisdom of the National Assembly which is in line with our policy to bequeath Nigerians and posterity, a landmark legal framework that paves the way for credible electoral process that we would all be proud of.”
Buhari added, “I, however, 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).
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