After heightened anxieties over the fate of the reworked Electoral Act Amendment Bill as the 2023 elections approach, President Muhammadu Buhari eventually signed the bill into law on Friday.
The President’s assent came 25 days after receiving the reworked bill from the National Assembly. The Vice-President, Prof Yemi Osinbajo; President of the Senate, Ahmed Lawan; and the Speaker of the House of Representatives, Femi Gbajabiamila, witnessed the event, which took place at the Council Chamber of the Presidential Villa in Abuja.
In his address, Buhari said before signing the bill, he received inputs from relevant Ministries, Departments and Agencies of government, after careful and thorough reviews of the bill and its implications for democratic processes.
He said it was gratifying to note that the reworked bill came with a great deal of improvement from the previous one, which he vetoed.
He said, “There are salient and praiseworthy provisions that could positively revolutionise 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.”
Meanwhile, the President expressed reservations about Section 84 (12) of the new law, which bars political appointees from voting or being voted for in political parties’ congresses and conventions.
He therefore demanded an immediate amendment of the bill for the purpose of deleting the section, which he said was unconstitutional.
He explained that the practical application of the section would subject serving political office holders to inhibitions and restrictions referred to under sections 40 and 42 of the 1999 Constitution as amended.
The section 84 (12) reads, “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 for any election.”
The Special Adviser to the President on Media and Publicity, Mr Femi Adesina, revealed these in a statement titled ‘Electoral Act: We’re bequeathing a lasting legacy with new election laws, says President Buhari’.
The statement quoted him as saying, “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 potential 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, whose provision constitutes a 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 President stressed that the clause 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.
He added, “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, are 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 the 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 National Assembly to consider immediate amendments that will bring the bill in tune with constitutionality by way of deleting section 84(12) accordingly.’’
Buhari commended the lawmakers for their commitment and dedication to improving the previous Electoral Bill 2021.
Sequel to the President’s request for an immediate amendment to delete Section 84 (12) of the new Act, the Senate President has said the legislature will consider the amendments suggested by the President as soon as it gets his official request.
He noted however that the new piece of legislation, though laudable, would only be useful when it is implemented to the letter by the Independent National Electoral Commission.
Lawan told State House Correspondents shortly after the President assented to the bill, “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), which talks about 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 elections.
“So, we will look at what he is asking for. I hope they will send the request for the amendment in good time because time is of the essence; INEC is waiting. And we don’t want to spill over some of these dates unnecessarily.
“We will be expecting communication from Mr President concerning this and then the National Assembly in both chambers will look into the request for amendment.”
Lawan also said the new law empowers INEC to conduct credible elections in Ekiti and Osun states.
“It (the bill) is a law today. And for INEC, now you have what you need. INEC, you have to produce the best possible electoral exercise, right from probably the Ekiti and Osun off-season (governorship) elections and of course in the 2023 general elections.
“For Nigerians, law is one thing. Respect for the law is another thing. No matter how beautiful a law is, if there is no desire, no commitment, and obligation to ensure compliance with law, the law could be less effective and efficient. So, I believe that we need to respect the law now that we have an improvement over what we had in the previous years.”
On his part, the Speaker of the House of Representatives said although laudable, the ninth Assembly would return to “polishing” other pieces of legislation in the pipeline.
According to him, the new Act would immensely improve the quality of the 2023 elections if INEC adhered to relevant clauses to the letter.
He said, “I believe it’s a landmark piece of legislation and has far-reaching implications for the provisions contained therein. I can count offhand at least 10 to 15 provisions in that electoral law. If properly executed by INEC, and the people for who the laws are made, it will be a turning point in the electoral history of Nigeria.
“I’m happy that this day has come. I must say, just like what the Senate President said, we must give it to this ninth Assembly.”
Also, the spokespersons for the Senate and House of Representatives spoke to one of our correspondents on the next line of action.
The Chairman of the Senate Committee on Media and Public Affairs, Ajibola Basiru, said, “The bill has been signed and it has become a law. So, his (Buhari’s) request would be looked at as appropriate. We will look at it, get legal opinions and know the legislative action to take. He should send an executive bill.”
Also, the Chairman of the House of Representatives’ Committee on Media and Public Affairs, Benjamin Kalu, hailed Buhari and the leadership and members of the National Assembly while congratulating all Nigerians on the new electoral law.
Kalu said, “Many thought the President was not going to sign it but I never had any doubt because I believed Mr President was not delaying because of self-serving ambition with regards to the electoral bill.
“The question as to Section 84(12) and where to go from here; no law is cast in stone, every law is subject to amendment. I know Mr President is very thorough and he is going to make sure that he communicates his desire to the National Assembly. This will be looked into in a combined effort between us and the leadership of the House as well as consultations with the members of the public – our constituents.”
The National Assembly had passed the reworked bill on January 25, 2022 and transmitted it to the President for assent on January 31, 2022. Buhari vetoed the first version transmitted to him on November 19, 2021, owing to the restriction of political parties to direct primary in the selection of candidates for elections into public offices.
INEC summons emergency meeting, states position on new law today
The Independent National Electoral Commission says it will on Saturday (today) make public its position on the new Electoral law after its extraordinary meeting scheduled for today.
The commission, in a statement by its National Commissioner and Chairman, Information and Voter Education Committee, Festus Okoye, in Abuja on Friday, described the signing of the bill as historic.
He added that the Act contained many progressive provisions that would facilitate the conduct of free, fair and credible elections.
He said, “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 elections.
“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 February 26 (today). Thereafter, a statement will be issued on the way forward.”
Reactions have been pouring in after the President signed the bill into law on Friday.
The National Chairman, Inter-Party Advisory Council, Yabagi Sani, in an interview with the News Agency of Nigeria in Abuja on Friday commended the President for signing the bill, saying the new law would reduce some of the challenges facing the conduct of elections in the country.
The major opposition party, Peoples Democratic Party, through its National Publicity Secretary, Debo Ologunagba, congratulated Nigerians, particularly CSOs, for joining in the fight to put pressure on the President to finally assent to the bill.
Also, a former Vice President, Atiku Abubakar, who is rumoured to be interested in contesting the presidency in 2023, tweeted on Friday commending the National Assembly, CSOs and patriotic Nigerians for their efforts, while calling on INEC to immediately roll out election guidelines.
The Executive Director, Civil Society Legislative Advocacy Centre, Auwal Musa Rafsanjani, who doubles as the Chairman of Transition Monitoring Group, also extolled the President for assenting to the bill, while thanking the National Assembly, the media, CSOs and Nigerians for their collective success in having fresh amendment to the Electoral Act.
Also, the spokesperson for the Coalition of United Political Parties, Mr Ikenga Ugochinyere, in a statement commended the President, the National Assembly, the civil society, “the opposition family” and Nigerians, saying the new law would revolutionise Nigeria’s electoral system.
A former governorship aspirant under the APC and Chairman of the Gobir Organisation, Alhaji Yakubu Gobir, hailed the President and appealed to Nigerians to register and obtain their permanent voters cards to test the new Electoral law.
A coalition of 25 civil rights organisations on Friday congratulated Nigerians on the new Electoral law, describing it as a huge milestone in Nigerians’ quest to consolidate democracy.
The members of the coalition which pushed for the signing of the Electoral Amendment Bill 2022 included Nigeria Civil Society Situation Room, Yiaga Africa, Partners for Electoral Reform, International Press Centre, Institute for Media and Society, Nigerian Women Trust Fund, The Albino Foundation, Centre for Citizens with Disability, Premium Times Centre for Investigative Journalism, Labour Civil Society Coalition, Transition Monitoring Group, CLEEN Foundation and Civil Society Legislative Advocacy Centre.
Others were Women Advocates Research and Documentation Centre, Nigeria Network of Non-Governmental Organisations, Inclusive Friends Association, Enough is Enough, The Electoral Hub, Centre for Liberty, Take Back Nigeria Movement, International Peace and Civic Responsibility Centre, 100 Women Lobby Group, Women in Politics Forum, Raising New Voices, Millennials Active Citizenship Advocacy Africa and Ready To Lead Africa.
The CSOs in a joint statement released by the Executive Director of Yiaga Africa, Samson Itodo, added, “We, as civil society, commend the President for fulfilling his promise of assenting to the Electoral bill. We also commend the National Assembly for their responsiveness in ensuring the bill substantially reflects the will of the Nigerian people and for transmitting same to the President upon citizens’ demands.
“We call on INEC to as a matter of urgency issue a notice of election and announce new dates for the 2023 general elections.”
The CSOs also called on the National Assembly to “ensure gazetted copies of the Electoral Act 2022 are available to citizens and election stakeholders in a timely manner” because “a delay in this will further reduce the opportunities for citizens and stakeholders to sufficiently familiarise with provisions in the new Act and support its implementation.
A former Deputy Senate President, Ike Ekweremadu, in a statement by his Media Adviser, Uche Anichukwu, said elections would never be the same again and more Nigerians would be encouraged to exercise their franchise, knowing their votes would count.
A former Senator, Dino Melaye, has urged the National Assembly not to amend the new Electoral Act as requested by the President.
Melaye, a member of the PDP, in his reaction to the presidential assent to the bill on Friday, wrote on his social media page, “Thank you Mr President for finally signing the electoral bill into law, though belatedly after raising our BP (blood pressure). I call on the National Assembly not to amend the law after this pressure-induced assent by Mr President. Ministers and political appointees were never voted for.”
Also, the National President, Unified Nigerian Youth Forum, Abdulsalam Mohammed-Kazeem, in a statement in Kaduna on Friday, hailed the President for signing the bill into law, while calling on the National Assembly to ignore the President’s request to amend the bill.
