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From Juliana Taiwo-Obalonye, Abuja
President Muhammadu Buhari at exactly 12:27 signed the long-awaited Electoral Act Amendment Bill 2021, into law.
The ceremony was witnessed by the Senate President, Ahmed Lawan, Speaker of the House of Representatives, Femi Gbajabiamila, and some members of National Assembly committee on Independent and Electoral Commission (INEC), held at the Council Chambers of the State House.
The Senior Special Assistant to the President on National Assembly matters (Senate), Senator Babajide Omoworare, tabled the document for signing.
The President urged the National Assembly to give speedy attention to amendments suggested, especially deleting 84 (12), which contravenes the rights of political office holders to vote, or be voted for in political party conventions and congresses.
He said the Act holds a lot of promise for improving the election processes in the country, with introduction of new technology, and efforts to engender clarity and transparency.
He said: “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.
“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,’’ he said.
Quoting the section, he said “84(12) 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.”
The President noted it had 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.
Adding:
“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 consider immediate amendments that will bring the Bill in tune with constitutionality by way of deleting section 84(12) accordingly.’’
President Buhari commended the National Assembly for their commitment and dedication to improving the previous Electoral Bill 2021.
“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.
“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.
“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,’’ he said.
The President said 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, before signing The Electoral Act (Amendment) Bill 2022 into law.
President Buhari noted that the National Assembly forwarded the Electoral Bill for Presidential Assent, via a letter dated 31st January, 2022.
Senate President, commended Buhari for signing the bill into law despite his reservations on 84(12) of the Electoral Bill, 2022.
On Buhari’s request, Lawan said: “You know, this is a legitimate request. And that is why I commend the president. I will commend him for so many things, but let me also qualify it that even though he had a disagreement with the section, especially clause 84(12), that talks about public political office holders, he still went ahead to sign the bill into law and that is to show his commitment and desire to have an electoral law that will ensure that we have better outcomes when we do election.
“So we will look at what he is asking, I hope that they will send the request for the amendment in good time. Because time is of essence, INEC is waiting. And because we don’t want to spill over some of these dates, unnecessarily.
“We will be expecting a communication from Mr. President with respect to this. And then the National Assembly in both chambers will look into the request for amendment but I on the whole I think this is a wonderful development for this administration, for Nigeria, for the evolution and development and growth of democracy in Nigeria.”
The Speaker, Gbajabiamila, described the signing as a landmark turning point in the political history after 12 years.
He said: “I believe it’s a landmark piece of legislation, and has far reaching and I mean, far reaching implications of the provisions contained therein. I can count off head at least 10 to 15 provisions in that electoral law, that if properly executed by INEC, and the people who the laws are made for, it will be a turning point in electoral Electoral history of Nigeria. And we will not just be mouthing free, fair and credible elections, but we will actually witness free, fair and credible elections moving forward.
“So I’m happy that this day has come. It’s been long coming. And I’m sure everybody will be happy. I must say just like what the Senate president said. We must give it to this ninth assembly. I mean, even if we have to toot our horns in the sense that we’re barely three years into our tenure we’ve not even going into our fourth year yet, yet this ninth assembly has been able to put on the table for Nigerians landmark legislation and this is just another one of them.
“So we have over a year left and I believe I’m will begin to polish off some other piece of legislation but the major ones, we have dispatched with in the interest of Nigeria.”
National Chairman, Inter-Party Advisory Council (IPAC), Yabagi Sani, said the new electoral act has put paid to electoral violence.
He said: “we have gotten the fundamental ground norms that will ensure that elections are credible, peaceful, and also by bringing in the electronic transfer of results from the polling units, that, in itself has cut out a lot of things that have bedeviled electoral processes in this country.
“Today, we can certainly say that the amount of money spent on elections would definitely be reduced. We can also say that the kind of violence that we normally witness will be, if not completely absent, reduced to the barest minimum.”
On if there will be level playing field for everybody including the smaller parties, he said: “I believe that it will, because it’s, in itself a step forward, it’s like, a great leap forward in terms of laying the foundation for credible, reliable and free elections. But one thing, like you rightly mentioned, is the issue of money politics, because still at the polling unit, unless the law enforcement officers, arise to the occasion, we will still have cases of people who have been manipulated, the vote has been manipulated with money. And I believe that the laws are there, but what is lacking is the enforcement of those laws.“
