Following the Senate’s rejection of President Muhamadu Buhari’s request to delete Section 84(12) of the Electoral Act which he said contravenes the rights of political office holders to vote or be voted for in political party conventions and congresses, at least four ministers among them Rotimi Amaechi, Raji Fashola, Abubakar Malami and Chris Ngige are in a tight corner over the 2023 ambtions.
While Amaechi, Ngige and Fashola are eyeing the presidency, Malami wants to contest for the governorship seat of Kebbi state.
The section also affetcs commissioners and other state government appointees who are preparing to contest in the forthcoming general elections.
Section 84(12) states that “No political appointee at any level shall be a voting delegate or be voted for at the convention or congress of any political party for the nomination of candidates for any election.”
However, analysts say Section 84(12) of the electoral act is in direct conflict with provisions of the 1999 Constitution.
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, as provided in Section 66(1)(f) of the 1999 Constitution (as amended).
During the plenary on Wednesday, the Senate rejected Buhari’s request to amend the electoral act as the bill failed to scale through second reading.
Senators overwhelmingly rejected the bill when it was put to a voice vote for second reading.
Before the vote, several lawmakers from across party lines spoke against amending the bill and urged the Senate to abide by the court ruling, which stopped the National Assembly from tampering with the electoral law.
They said going ahead with the amendment of the Act was in clear conflict with the Senate rule, which prevents them from deliberating on any matter on which a judicial decision is pending.
A Federal High Court in Abuja on Monday barred President Buhari, the Attorney-General of the Federation (AGF) and the senate president from tampering with the Act.
The judge, Inyang Ekwo, in a ruling on an ex-parte application by the Peoples Democratic Party (PDP), said the electoral act had become a valid law and could not be amended without following the due process of law, Daily Trust reports.
Senator Adamu Aliero (APC, Kebbi) set the tone for the bill to be stepped down when he raised a point of order to draw his colleagues’ attention to Rule 52(5) of the Senate Standing Order, which prevents the Red Chamber from considering any matter already before a court of competent jurisdiction.
Aliero urged the Senate to step down consideration of the bill pending the vacation of a court order.
“We should not be seen to be disobeying the court order. No matter how bad that court order is, we should respect it,” he said.
Senate President Lawan while ruling on Aliero’s point of order insisted that the move by the upper chamber to amend the electoral act was in line with exercising its constitutional duties.
He said, “Looking at the request does not mean granting the request. Members of the National Assembly are at liberty to review the request to see if the arguments by the executive arm of government are convincing enough.
“If the arguments are not convincing enough, the National Assembly can deny the request and that is how it is. We have no encumbrance from that order.”
After Senate Leader, Yahaya Abdullahi (APC, Kebbi) led the debate on the bill, other senators spoke against going ahead with the amendment.
Senator Enyinnaya Abaribe (PDP, Abia) kicked against the deletion of Section 84(12).
Smart Adeyemi (Kogi West), who was opposed to the consideration of the bill, said, “In any election where people have the added advantage of holding executive power, either by proxy or directly or by appointment, for such people to have access and compete with others who came from the street, I think is an unjust society.”
The effort by the Deputy Senate President, Ovie Omo-Agege, who spoke in favour of the amendment to sway his colleagues to support the deletion, was unsuccessful as the bill received a resounding ‘nay’ when it was put to voice vote.
The House of Representatives had through its spokesman, Benjamin Okezie Kalu, on Tuesday, said it would not take any action on the communication from the president because of a subsisting injunction barring the National Assembly from taking any action on it.
Reacting, Chief Adegboyega Awomolo (SAN) said the provision of Section 84(12) of the Electoral Act does not put a time frame within which public office holders must resign to be eligible for votes at a political party’s convention or congress.
He, however, said political parties are now expected to produce their rules and regulations for the conduct of the 2023 general elections.
“The rules will guide their internal elections and it does not affect INEC,” he said.
Based on the newly released INEC timetable for 2023 polls, the conduct of party primaries, including the resolution of disputes arising from it, will take place between April 4 and June 3, 2022.
