Few days after assenting to the amended bill on the Electoral Act, President Muhammadu Buhari seeks amendment of a section of the law.
By Emma Ogbuehi
The Senate has received a letter from President Muhammadu Buhari seeking an amendment of section 84 (2) subsection 12 in the 2021 Electoral Act.
In the letter, the President wants the National Assembly to amend section 84 (2) Sub-section 12 which states that no political appointee 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 any candidate for an election.
Buhari argued that the amendment is necessary, stressing that the clause constitutes a fundamental defect and leads to the disenfranchisement of political office holders.
President Buhari February 25 signed the Electoral Act Amendment Bill into law. The President assented to the bill at a brief ceremony held at the Council Chamber of the Aso Villa in Abuja.
The Vice President, Professor Yemi Osinbajo; President of the Senate, Ahmed Lawan, and Speaker of the House of Representatives, Femi Gbajabiamila, witnessed the signing of the bill.
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The exercise came barely a week to the expiration of the window the President had to take a decision on the legislation, as required by the Nigerian Constitution.
The National Assembly transited the Bill to the President for assent on January 31. His delay in signing it into law, aroused curiosity among stakeholders including political actors and civil society groups. The leading opposition political party, the Peoples Democratic Party (PDP), had at a time accused the president of trying to evade appending his signature on the Bill.
The Independent National Electoral Commission (INEC), had also expressed concern at the delay, warning that the failure of the President to assent to the bill, would have drastic implications on the 2023 general elections.
During the signing, he faulted Section 84 (12) of the Electoral Act, 2022.
The President said he believes the provision, as contained in the newly signed Act, constitutes a fundamental defect as it conflicts with extant constitutional provisions.
In his view, the section disenfranchises 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.
President Buhari stressed that the provision introduced qualification and disqualification criteria that ultra vires the Constitution by way of importing blanket restrictions to serving political officeholders.
