Buhari wants section of Bill on disenfrachisement of political office holders deleted

President Muhammadu Buhari on Friday, Section 84 (12) of the Electoral Act, 2022.

Buhari disclosed this in his speech while signing the Electoral Act Amendment Bill into law at a brief ceremony held at the Council Chamber of the Aso Villa in Abuja.

He believes the provision, as contained in the newly signed Act, constitutes a fundamental defect as it is in conflict with extant constitutional provisions.

According to Buhari, 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.

He, however, acknowledged the ‘great deal of improvement’ in the Electoral Act, compared with the previous Electoral Bill, 2021.

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According to the President, the law contains salient provisions that could positively revolutionise the nation’s elections via the introduction of new technological innovations.

Buhari also noted that the Act would improve and engender clarity, effectiveness, and transparency of the election process, as well as reduce incidences of acrimony arising from dissatisfied candidates and political parties to the barest minimum.

Buhari said, “This, however, cannot be said about one provision as contained in the proposed Bill, which provision constitutes fundamental defect, as 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”.

“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.”