Electoral Act Unsettles

Political Appointees

Unless the National Assembly urgently heeds President Muhammadu Buhari’s request to amend some provisions of the Electoral Act, political appointees who desire to contest elections in 2023 are in panic mode, Adedayo Akinwale writes

The recent  signing of the Electoral Act Amendment Bill into law by President Muhammadu Buhari ahead of the 2023 elections has elicited excitement from Nigerians after the president  had initially refused assent due to some contentious clauses.

With the president’s assent, many believed that the law would not only revolutionise free, fair and transparent elections in Nigeria, but would also empower the Independent National Electoral Commission (INEC) to  deploy  Smart Card Reader, Biometric Voter Accreditation System (BVAS) and other technological devices for the improvement of the country’s electoral system.

The Electoral body had earlier announced February 18, 2023 for the presidential election, but the commission was forced to announce  new dates  following the  signing of the amendments to the Electoral Bill by the president. To this end, the commission scheduled presidential and National Assembly elections for February 25, 2023, while governorship and state assembly elections would be held on March 11, 2023.

Despite the excitement that greeted the signing of the bill, the new law appears to have thrown the ruling All Progressives Congress (APC) off balance, while political appointees and party executives who have political ambitions are no longer at ease.

The fact is not far fetch as Section 84(12) of the Electoral Act  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 for any election”

It was against this background that Buhari criticised the section, which he said “constitutes a disenfranchisement of serving political office holders”. He subsequently asked the National Assembly to delete that Section.

Following the updated schedule of activities for the general election by INEC, political parties are to conduct their party primaries between April 4 and June 3, 2022. Also, Section 29(1) of the Act mandates political parties to submit names of candidates not later than 180 days before the election. 

The implication is that political appointees seeking election in 2023 must resign before June 3  when the electoral body expects that all issues on party primaries must have been resolved.

Unlike the Peoples Democratic Party (PDP) which has all its organs in place, the governing APC is being run by a caretaker committee at the national level.

Unless the National Assembly quickly heeds Buhari’s request, the apprehension it has triggered in the APC and among political appointees who desire to contest in 2023 is palpable.

This is why last week, President Buhari wrote the National Assembly to amend the Electoral Act. In the letter, he specifically drew the attention to the provisions of Section 84(12), which, according to him, constitutes a “defect” that is in conflict with extant constitutional provisions.

 According to Buhari, Section 84(12) of the Act 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 nomination of candidates for any election in cases where it holds earlier than 30 days to the election.

But, if Section  84(12) of the electoral act is not reviewed, it may constitute a stumbling block for political appointees.

This is already creating anxiety in the ruling party as a number of political appointees and members of the Caretaker/Extraordinary Planning Committee (CECPC) are eyeing presidential or governorship or senatorial seats.

At the moment, no fewer than 13 ministers are in a dilemma on whether to resign before the primaries or adhere to the constitutional provision of quitting their offices on or before 30 days to the election.

For instance, the Minister of State for Education, Emeka Nwajiuba; Minister of State for Petroleum Resources, Timipre Sylva; Minister of Justice, Abubakar Malami; Minister of Transportation, Rotimi Amaechi, Minister of Science and Technology, Dr. Ogbonnaya Onu; Minister of State for Mines and Steel Development, Uchechukwu Sampson Ogah; and Minister of State for Labour and Employment, Festus Keyamo; Minister of Communications and Digital Economy, Prof. Isa Pantami,  among others, were said to be nursing political ambitions and have to resign if they would contest in 2023.

While Malami allegedly wants to become the Governor of Kebbi State; Nwajuiba, Amaechi, Akpabio, Ngige and Sylva were said to be nursing presidential ambitions.

At the party level, the National Secretary of the party, Sen. James Akpanudoedehe allegedly wants to become the Governor of Akwa Ibom State. It was also being speculated that the former President of the Senate and a member of the CECPC, Senator Ken Nnamani is eyeing the governorship seat of Enugu state.

A political analyst, Mr. Jide Ojo, while speaking on the Section 84(12) of the Electoral Act said he believed that on a moral ground, the National Assembly was right.

He was however quick to point out that inasmuch as there was no constitutional backing to that, the legislative arm  cannot impose it through an Act of parliament, which is a subsidiary of the constitution.

Ojo stated:  “Morally speaking, the National Assembly is on point, trying to say that look, you have to resign if you are going to contest for election.

“But inasmuch as there is no constitutional backing to that, you cannot not impose it through an Act of parliament and that is what I find objectionable. Morally speaking, it is the appropriate thing to do, but if they want to succeed, the they will have to amend the constitution because like the President said, what the National Assembly is talking about is tantamount to rewriting the criteria for qualification and disqualification for aspirants and everything is cast in the constitution.

“So, having that in the Electoral Act – Electoral Act is a subsidiary legislation and cannot hold water. I advise that they go to court to seek legal interpretation,” he posited.

But aside from the dilemma that the political appointees are currently facing, the Electoral Act may scuttle the schedule of activities of APC ahead of its National convention.

It is now being speculated that the March 26 convention may be postponed, while the party is said to be considering holding the presidential primary and the convention the same day.

Analysts argued that it may be difficult for the ruling party to hold zonal congresses, national convention and the presidential primary within three months considering the financial implication.

But the meeting of the APC governors will provide better insight on the way forward for the party.