President Muhammadu Buhari has written to the Senate and House of Representatives seeking amendments to the recently signed Electoral Act, 2022.
In his letter, dated 28 February 2022, President Buhari requested for an amendment to section 84(12) of the Electoral Act, 2022, noting that this provision is in direct conflict with the 1999 Constitution (as amended) and disenfranchises serving political office holders from voting or being voted for at conventions or congresses of any political party, for the purpose of nomination of candidates for any election in cases where it holds earlier than 30 days to the election.
Speaking on section 84(12), which 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 purpose of the nomination of candidates of any election”, President Buhari explained that the provision introduces qualification and disqualification criteria that contradicts the 1999 Constitution (as amended) by importing blanket restriction and disqualification to serving political office holders from which they are constitutionally protected.
Furthermore, President Buhari mentioned that the practical application of section 84(12) of the Electoral Act, subjects serving political office holders to inhibitions and restrictions referred to under sections 40 and 42 of the 1999 Constitution (as amended). In addition, he said that the only expectation placed on serving political office holders within the context of the constitution is resignation, withdrawal or retirement at least 30days before the date of the election as provided in section 66(1)(f) of the 1999 Constitution.
In view of this, President Buhari requested that the National Assembly consider immediately the amendments by way of deleting section 84(12). He further commended the National Assembly for the passage of the Electoral Act (Amendment) Bill, 2021 which he described as a landmark legal framework that paves the way for credible electoral process in Nigeria.
