Journalism of Courage

After declining assent,  Buhari signs 2022 Electoral Act Amendment, says it’s reformative and progressive

Persecondnews recalls that Buhari had in November 2021 declined assent and returned the bill to the National Assembly to amend some sections particularly the aspects on direct party primaries.

 

 

At last,  President Muhammadu Buhari on Friday assented to the 2022 Electoral Act Amendment Bill after he declined assent in November 2021.

 

Buhari signed the bill at the Council Chamber of the Presidential Villa in Abuja, in the presence of the Vice- President, Prof.Yemi Osinbajo (SAN), Senate President Ahmed Lawan, and the Speaker of the House of Representatives, Mr Femi Gbajabiamila as well as INEC representatives.

 

Persecondnews.com recalls that Buhari had in November 2021 declined assent and returned the bill to the National Assembly to amend some sections particularly the aspects on direct party primaries.

 

 In 2015, Buhari had promised electoral reform in the build up to the election which he won after a three time attempt.

 

Buhari described the substance of the Bill as both reformative and progressive with great potential.

 

“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.

 

“It is gratifying to note that the current Bill comes with a great deal of improvement from the previous Electoral Bill 2021. 

 

“There are salient and praiseworthy provisions that could positively revolutionize elections 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.

 

“These commendable efforts are in line with our policy to bequeath posterity and landmark legal framework that paves the way for credible and sound electoral process that we would all be proud of.

 

 

 

 

 

“Distinguished Senators and Honourable Members of the National Assembly, from the review it is my perspective that the substance of the Bill is both reformative and progressive. 

 

“I am making this bold declaration because I foresee the great potentials of the Bill. Worthy of note 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,” the president said.

 

According to him, in line with established tradition, he received inputs from relevant ministries, departments and agencies of government after careful and thorough reviews of the Bill and its implications to democratic processes in Nigeria.

 

 

Buhari also 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.

 

 

“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 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 at the brief signing ceremony.

 

 

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