… Asks National Assembly to consider immediate amendments by deleting Section 84 ( 12)
President Muhammadu Buhari has finally signed the Electoral Bill into law.
Accenting to the bill, on Friday ,the president noted that the current bill was an improvement of the previous Electoral Bill 2021.saying “There are salient and praiseworthy provisions that could positively revolutionalize election’s in Nigeria through the introduction of new technological innovations. These innovations would guarantee the constitutional rights of citizens to vote and to do so effectively.
” The Bill would also improve and engender clarity, effectiveness and transparency of the election process as well as reduce to the barest minimum incidences of acrimony arising from dissatisfied candidates and political parties”. This he said was in iine with his administration’s policy “to bequeath posterity and landmark legal framework that paves the way for credible and sound electoral process that we all would be proud of.”
While declaring that the substance of the reviewed Bill was both reformative and progressive citing sections 3,9(2),34,41,47,84(9),(10) and (11) among others, the president said the provisions of Section 84(12) was different as” it constitutes fundamental defect and it 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.The section provides as follows: 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”
According to the President the practical application of Section 84 (12) of the Bill if assented to, by operation of law, would subject political office holders to inhibitions and restrictions referred to under section 40 and 42 of the 1999 Constitution ( as amended).
He noted 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 restrictions into the constitution on account of practical application of Section 84 ( 12) where political parties Convention and Congresses were to hold earlier than 30 days to the election.
” Arising from the foregoing, with particular regards to the benefits of the Bill, industry, time, resources and energy committed in its passage,I hereby assent to the Bill and request the National Assembly to consider immediate amendments that will bring the Bill in tune with constitutionality by way of deleting section 84(12) accordingly.
