Buhari Expresses Concern over clause in Amended Electoral Act

President Muhammadu Buhar, has expressed concern over the clause in the new amended electoral act he signed on Friday which imposed restrictions on political appointees from taking leadership positions in their political parties.

Section 84 (12) of the amended electoral act, which the president faulted, states that “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.”

President Buhari, who frowned at the restrictions, said such act disenfranchise political office holders from exercising their rights to vote or be voted for.

His words “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,” Buhari said on Friday.

The president  said the section constitutes a fundamental defect and it is in conflict with extant constitutional provisions.

He however, said he saw “the great potentials” of some sections which 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 disagrees with Section 84 (12) of the amended electoral act.

Buhai argued that “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.

“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.”

He, however, overlooked his opposition against section 84 (12) with “particular regards to the benefits of the bill, industry, time, resources, and energy committed” to the proposed legislation to sign it into law.