Huge relief as Buhari signs Electoral Act 2022, asks NASS to amend Section 84

…It’ll usher in robust democracy, NASS

…It’s historic – INEC, holds extraordinary meeting Saturday

…Buhari institutionalising credible elections in Nigeria – APC

…Action a death knell for APC – PDP

…Atiku, Saraki, Ekweremadu hails Buhari, NASS

…NBA thumbs up president, says it’s a step in the right direction.”

President Muhammadu Buhari Friday called on members of the National Assembly to immediately amend some sections of the Electoral Act 2022 that contravene the rights of political office holders to vote and be voted for in political party conventions and congresses.

The president made the call before assenting to the Electoral Act at the Council Chambers of the Presidential Villa in Abuja.

“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.

Quoting the Section, the president 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.

“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 sections 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,” he said.

He said it would not be right for the country’s democratic processes to overstretch beyond constitutional limits.

“Hence, it will be stretching things beyond the constitutional limit to import extraneous restrictions 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,” he said.

The president said the Electoral Act 2022 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.  

“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.

“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.”

The president commended members of 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 a credible and sound electoral process that we would all be proud of.”

The president said he received inputs from relevant Ministries, Departments and Agencies of the 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.

INEC’s declarations

Meanwhile, the Independent National Electoral Commission (INEC) has stated that it fully appreciates the importance of proceeding with the implementation of the newly signed 2022 Electoral Act in earnest. 

To this end, the Commission has summoned an extraordinary meeting scheduled for today Saturday, February 26, 2022. 

A statement issued Friday by the National Commissioner and Chairman Information and Voter Education, Barrister Festus Okoye, described the assent as “historic,” noting a statement would be issued on the way forward after the commission’s extraordinary meeting.

The statement read: “Today, Friday, February 25, 2022, the president of the Federal Republic Nigeria signed the Electoral Bill 2022 into law. 

“This is historic, being the fourth time since the restoration of democracy in Nigeria in 1999 that the Electoral Act is repealed and re-enacted. It contains many progressive provisions that will facilitate the conduct of free, fair and credible elections in Nigeria. 

“The nation now has the Electoral Act 2022 which replaces the Electoral Act 2010 (as amended). Together with the 1999 Constitution (as amended), the new Act constitutes the principal law to govern the conduct of future elections, including the 2023 General Election.

“Given the tight timelines contained in the new law, the Commission fully appreciates the importance of proceeding with their implementation in earnest. 

“Consequently, an extraordinary meeting of the Commission is scheduled for tomorrow, Saturday, February 26, 2022. Thereafter, a statement will be issued on the way forward.”

NBA’s commendations

In its reaction, the Nigerian Bar Association (NBA) lauded President Buhari for signing the Electoral Amendment Bill into Law.

Its chairman, Section on Public Interest and Development Law (NBA-SPIDEL), Dr. Onyekachi UbanI, gave the commendation Friday in Lagos, describing the assent as “a step in the right direction.”

Ubani, however, said that assent to the bill came at the right time with the 2023 general elections underway.

“It is a commendable step in the right direction, better late than never.”

Senate’s promise

Reacting to the president’s action, the Senate declared that it would expunge Section 84(12) that runs contrary to some provisions of the 1999 Constitution (as amended).

A statement issued by its spokesperson Friday, Senator Ajibola Basiru, read in part, “The Senate has taken notice of Section 84(12) of the Act, especially the concerns raised by Mr. President, and assured Nigerians that the National Assembly will give the Section the desired legislative attention.” 

Reps’ take

On its part, the House of Representatives stated that signing of the Electoral Act Amendment Bill into Law by President Buhari “will usher in a more robust democracy.”

Its spokesperson, Benjamin Kalu, said this in an interview with the News Agency of Nigeria (NAN) Friday in Abuja.

Kalu said signing the bill into law had opened various options of participation in politics, adding that there would be no room for excuses.

According to him, this is a happy day for democracy in Nigeria; the ninth assembly has been a great voice to this achievement.

“We have stood on the side of Nigerians to ensure that what was worth doing at all was worth doing well.

“We want to thank the chairman of the National Assembly and the President of the Senate, Sen. Ahmed Lawal. We also thank the Speaker of the House of Representatives, Rep. Femi Gbajabiamila.

“The two chambers have exhibited a lot of maturity in governance by not involving themselves in any ego trip, but by collaborating and cooperating with the executive.

“I am happy that finally, the president again, leaves a legacy that all of us will always remember. The president has done what was very difficult for many past administrations,” Kalu said.


APC applauds

Applauding President Buhari for signing the Electoral Act Amendment Bill into law, the All progressives Congress (APC) described It as “a big win for our electioneering processes and our democracy.”

The party’s national secretary, John James Akpanudoedehe, called on Nigerians to join the APC government “to completely stamp out past practices of electoral fraud weaponised by past administrations of the Peoples Democratic Party (PDP).” 

“Since 2015, when the President Buhari-led APC government came into being, our commitment and support for constitutionally-permitted innovations that will improve the transparency and credibility of Nigeria’s electioneering processes and internal democracy, have not been in doubt. The new Electoral Act is another pointer. 

“From legal backing given to election management bodies to review election results declared under duress, provisions for people with disabilities and special needs, electronic transmission of election results among other key provisions, current and coming generations will fondly remember President Buhari as the courageous leader who institutionalised credible elections and internal democracy in Nigeria. 

“We note with appreciation the patriotic efforts of the National Assembly, civil societies, development partners and indeed all well-meaning Nigerians whose collective efforts and support has birthed the new Electoral Act.

“The task of improving the credibility of our elections is a collective and continuous one. As a party and government, we will continue to champion needed reforms,’ he said.

PDP thumbs down

Despite the avalanche of commendations from across the country, the Peoples Democratic Party (PDP) has described the president’s action as “a death knell for the All Progressives Congress (APC).”

The party, in a statement by its national publicity secretary, Kola Ologbondiyan, however, congratulated Nigerians, particularly civil society organisations, for fighting on its side in putting pressure on President Buhari to finally assent to the Bill.

 The statement read in part, “The newly signed Electoral Act is a death knell for the All Progressives Congress (APC) which thrives in manipulations, ballot box snatching, ballot box stuffing and alteration of election results at the collation centers against the expressed Will of the people.

“It is clear that President Buhari and the deflated APC has come to their wits end and bowed to the sustained pressure by the PDP and Nigerians for the entrenchment of processes that can guarantee free, fair, transparent and credible elections in 2023.

“The victory by Nigerians in resisting the APC and compelling President Buhari to sign the new Electoral Act clearly signposts the inevitable triumph of the will and aspiration of the people to kick out the APC through a process that ensures that votes cast at the polling units count.”

Ekweremadu hails Buhari

In his reaction, a former Deputy President of the Senate, Ike Ekweremadu, has commended President Buhari for signing the Electoral Act Amendment Bill 2022 into law, saying “the journey to the new Electoral Act was by far the most frustrating.”

He said this in a post on his verified Facebook page titled, ‘The New Electoral Act Is Progress For Our Democracy,’ shared on Friday shortly after the president signed the Bill into law.

“After the major electoral reform of 2010 that also involved amendments to the 1999 Constitution to, among others, open the doors to technology in our electoral system, check some executive excesses, manipulations by political parties, and strengthen the Independent National Electoral Commission (INEC) through financial and administrative autonomy, our expectation after amendments to the Electoral Act in 2015 was that the new administration would support the National Assembly to further straighten our electoral laws and system.

“Unfortunately, four times, the amendments were turned down in the 8th National Assembly, apparently thwarted by narrow, partisan interests and ambitions.

“The efforts in the current National Assembly also faced similar challenges, but it is heart-warming that it has finally materialised with the presidential assent.

“With the electronic transmission of election results, early primary elections, and adequate time for INEC to prepare for elections, among other breakthroughs, our elections will never be the same again and more Nigerians will be encouraged to exercise their franchise, knowing that their votes will count.”

Atiku’s call

According to former vice-president Atiku Abubakar, the Independent National Electoral Commission should roll out election guidelines ahead of the 2023 general elections.

According to him, this will enable political parties to commence the process of choosing their leaders in 2023.

He tweeted, “Now that the legal framework for the 2023 elections is in place following President Muhammadu Buhari’s assent to the Electoral Bill, @inecnigeria needs to roll out the election guidelines in earnest so that the political parties and Nigerians can fully commence the journey to choose their leaders in 2023.

“I wish to acknowledge the work of the legislature in bringing this law with innovations into fruition. I also pay tribute to the nudge of civil society and patriotic Nigerians in making this brand new Electoral Act a reality.”

Saraki’s thumb-up

On his part, a former President of the Senate, Dr. Bukola Saraki, has commended President Buhari, the National Assembly, CSOs and other Nigerians who remained persistent in insisting that “Nigeria deserves a new law that will guarantee free, fair and peaceful polls in 2023 and beyond.”

Saraki in a statement by Yusuph Olaniyonu, Head of Abubakar Bukola Saraki Media Office, noted that while President Buhari “deserves commendation for working with the federal legislature and rising above partisan interest to give the country a new law that could reform the electoral process, the big applause should go to the members of the civil society organisations who for the past one year have kept up the pressure and continuously agitated for the passage of the new Electoral Act.”

“The new Electoral Act brings us closer to having free, fair, and peaceful elections in which people’s votes count, where the majority will have their way and the minority will have their say. For too long, the old electoral law had been part of the problem. We can now seek to elect our leaders having in mind the current challenges facing our country.

“With a new Electoral Act, we can move on to debating real solutions to the problems of insecurity, creation of jobs, strengthening of the economy, cementing national unity and building a better future for all Nigerians,” Saraki said.

About Abdullahi M. Gulloma, Emeka Nze, Taiye Odewale Bode Olagoke, Samson Benjamin and Abdulrahman Zakariyau

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