Politics
Electoral Act: Senate Rejects Buhari’s Request
The Senate has rejected the bill that seeks to amend the Electoral Act.
The lawmakers, in a voice vote on Wednesday, unanimously opposed a motion that the bill is read and considered for a second time.
The bill is a response to a request from President Muhammadu Buhari.
He had, in February, asked the National Assembly to expunge Clause 84(12) of the Act. He made the request shortly after signing the legislation into law.
The clause 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.”
Buhari said the clause constituted 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.
But the People’s Democratic Party (PDP) sued the federal government, the Attorney-General of the Federation and the leadership of the National Assembly over fresh moves to tamper with the newly amended Electoral Act.
The party asked the court for an order of interim injunction restraining the president and other defendants from refusing to implement the duly signed Electoral Act or in any manner withholding the Electoral Act from being put to use including the provisions of section 84 (12) of the said Act pending the resolution of the suit – a request which was granted by the court on Monday.
The Tide source reported how the judge, Inyang Ekwo, in a ruling, said the Electoral Act having become a valid law could not be altered without following the due process of law.
The court restrained the president, the AGF, the National Assembly and other defendants in the suit from removing section 84 (12) of the Electoral Act or preventing it from being implemented for the purpose of the 2023 general elections.
The bill was read for the first time yesterday and the lawmakers were about to commence consideration for second reading when Adamu Aliero cited Order 52(5) to stop the Senate from considering the bill pending the time that the court would set aside the order on it.
In his response, the Senate President, Ahmad Lawan, said the fact that the court said the National Assembly should not tamper with Electoral Act 2022 as amended except through due process did not mean that the National Assembly could not consider the bill.
He also said the president and every other Nigerian had the right to ask for an amendment in any law.
“So for us to be specific to this particular request, the request was duly done and it is for us in the Senate to look at the request.
“We are at liberty to review the request, see if the arguments from the Executive are convincing enough. If the arguments are not convincing enough, members of the National Assembly could deny the request and that is how it is.
“I think we are not breaching any law. In fact, we are trying to promote democracy by doing this because one day someone would go to court and say the Senate and National Assembly should not sit.”
He ruled that the Senate would go ahead and debate the bill and the votes at the end of the deliberation would decide the fate of the bill.
Lawan was opposed by the Senate Minority Leader, Enyinnaya Abaribe, who said Lawan’s decision was not in the interest of democracy.
He urged his colleagues not to let the bill be read for a second time.
But the Deputy Senate President, Ovie Omo-Agege, who was bent on convincing his colleagues to go ahead and consider the bill, said they swore to protect and defend the Constitution of the Federal Republic of Nigeria.
“The framers of this Constitution knew that a day like this would come and notwithstanding, they clearly stipulated in the Constitution, those provisions dealing with qualification and disqualification.”
“I, therefore, rise to support that the motion as moved by the Senate Leader be allowed to go for second reading.”
An unconvinced Kogi senator, Smart Adeyemi, opposed the bill.
He said, “I disagree to reconsider a decision that has already been settled.”
When the matter was put to a voice vote, an overwhelming echo of “nay” filled the chamber – prompting Lawan to rule against the bill.
Earlier, the Senate president warned the judiciary against meddling in the affairs and processes of the legislature.
He had said Nigeria’s system of governance was based on separation of powers and as such, all arms of government were not supposed to venture into the activities of another.
He also said the court ruling would not stop the legislature from amending the bill again.
With the proposed amendment to the bill rejected, it is not clear if the lawmakers will re-present and reconsider it on another legislative session.
Accordingg to the statement, the Board and National Executive Committee of PANDEF, noted with very grave concern the recent spate of political developments in Rivers State.
“Regrettably, these developments have now degenerated into the decision of the Rivers State House of Assembly to commence impeachment proceedings against the governor and deputy governor.
“This is a deeply disturbing situation that demands urgent attention in order to forestall further escalation and breakdown of law and order.
“This concern is heightened by the critical importance and strategic centrality of Rivers to the Niger Delta region and to the broader socio-political stability and economic wellbeing of Nigeria as a whole”, the statement said.
The Forum called on all parties involved in the resurgent political imbroglio to sheathe their swords and embrace peace.
“This should be guided by the principles of give-and-take, dialogue, tolerance, and political equanimity.
“All stakeholders must place paramount importance on peace, development and the welfare of the people of Rivers.
“We must now focus squarely on good governance and development of the state,” the Forum said.
PANDEF commended President Bola Tinubu, the leadership of the All Progressives Congress (APC), respected elders of Rivers State, and other well-meaning Nigerians for their previous and ongoing efforts aimed at restoring peace and stability in the state.
Speaking in an interview on Saturday, January 10, Chief Sara-Igbe alleged that the minister had flouted regulations governing the commencement of electioneering campaigns by moving from one local government area to another to galvanise political support.
According to him, the action amounted to a clear breach of electoral guidelines being carried out with a troubling sense of impunity that could undermine the rule of law.
“Wike has violated the electoral laws of campaigning by going from local government to local government to talk to the people. He travelled from one local government to another. As a result of his visits to local government areas, he has broken election regulations and continues to do all these things without fear of repercussions”, Chief Sara-Igbe said.
The remarks came as Chief Wike was set to round off a state-wide “thank-you” tour that covered all 23 local government areas of Rivers State.
Although the minister had described the tour as an appreciation visit following support for President Bola Tinubu in the 2023 general elections, critics say the engagements have assumed an overtly political character.
Observers note that during several stops, including recent visits to Andoni and Bonny local government areas, the minister rallied supporters across party lines under what he termed a “Rainbow Coalition,” a move widely interpreted as part of a broader political strategy.
During these engagements, Chief Wike was also reported to have made remarks perceived as a veiled challenge to the authority of Governor Siminalayi Fubara, while repeatedly referencing the 2027 elections and urging supporters to prepare to “correct the mistake” of 2023.
Chief Sara-Igbe warned that allowing such activities to continue unchecked could erode public confidence in Nigeria’s electoral process and called on relevant authorities to enforce existing laws without fear or favour.
The Commission, in a statement on Wednesday, claimed that there were plans by the same group to escalate a smear campaign against its Chairman, Ola Olukoyede, to frustrate ongoing investigations and prosecutions involving prominent individuals.
The statement endorsed by the agency’s spokesman, Mr Dele Oyewale, claimed that the action was intended to distract the Commission through unfounded allegations of political bias in the discharge of its duties.
The EFCC warned that it would not stand by and watch “those recruited into this ignoble enterprise” or allow any attempt to derail it from “the patriotic task of improving public accountability in Nigeria.”
The Commission made it clear that those recruited into this venture were under close watch, adding that it would not tolerate any attempt to distract it from the patriotic task of improving public accountability in Nigeria.
“The EFCC reiterates its non-political stance in all its activities. Facts on the ground clearly show that any political actor belonging to the ruling party or opposition party, with corruption baggage, has no hiding place from the operational radar and dynamics of the Commission.
“As a matter of fact, several strong members of the ruling and opposition parties are either facing trial before the courts or being investigated by the Commission.
“It is needful that Nigerians appreciate the fact that the Commission is keeping faith with its Establishment Act in all its operations.
“Therefore, the Commission reiterates its commitment to justice, without fear or favour, in the fulfilment of its mandate,” the statement pointed out.
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